HomeMy WebLinkAbout091305 CC Agenda
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ADA Title IIJ
AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
SEPTEMBER 13, 2005 - 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.
Next in Order:
Ordinance: No. 2005-16
Resolution: No. 2005-91
CALL TO ORDER:
Prelude Music:
M.O.T.I.F.
Invocation:
Pastor Gary Nelson of Calvary Chapel of T emecula
Flag Salute:
Mayor Pro Tem Roberts
ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
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PRESENT A TIONS/PROCLAMA TIONS
PTAlPTSA Month Proclamation
Certificates of Achievement to Little LeaQue All-Star Team
Rose Societv Presentation
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.
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.
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 August 23, 2005.
3 Resolution approvinQ List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
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RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of July 31, 2005
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of July 31, 2005.
5 Financial Statements for the Fiscal Year Ended June 30, 2005
RECOMMENDATION:
5.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2005;
5.2 Approve a budget transfer of $54,000 to Sales Tax reimbursement from Public
Works;
5.3 Approve an increase in operating transfers out of $13,100 from AB 3229 COPS
fund;
5.4 Approve an increase in operating transfers out of $218,500 from the Gas Tax Fund.
6 Microsoft Software Licenses - Annual Renewal
RECOMMENDATION:
6.1 Authorize the annual purchase of 250 Client Access Licenses (CAL) of Microsoft
Windows Professional from ASAP Software for $54,972.50.
7 California Department of Justice - Druq and Alcohol Analysis/Finqerprintinq
RECOMMENDATION:
7.1 Authorize an expenditure of $71,500 from the Police Department budget for drug
and alcohol analysislfingerprinting for Fiscal Year 2005/06 from the California
Department of Justice.
8 Resolution of Support in an effort to reduce DrinkinQ and DrivinQ Accidents
RECOMMENDATION:
8.1 Adopt a resolution entitled:
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RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE POSTING OF
TRANSPORTATION SERVICE PROVIDERS AT ALL
RESTAURANTS AND BARS THAT SERVE ALCOHOL AND
REQUIRING THAT ALL FUTURE CONDITIONAL USE PERMIT
APPROVALS INCLUDE A REQUIREMENT FOR POSTING
THESE RESOURCES IN A VISIBLE AREA IN AN EFFORT TO
REDUCE DRINKING AND DRIVING ACCIDENTS
9 Concert Grant Piano for the Old Town Temecula Community Theater
RECOMMENDATION:
9.1 Authorize the City Manager to purchase a Concert Grand Steinway Piano for use in
the Old Town Temecula Community Theater for a sum not to exceed $70,500.
10 Temporary Staffino Aqreements
RECOMMENDATION:
10.1 Approve an agreement for temporary staffing services with AppleOne in the amount
of $150,000 plus 10% contingency;
10.2 Approve an agreement for temporary staffing services with Manpower in the amount
of $200,000 plus 10% contingency.
11 Professional Service AQreement for Overland Pacific Cutler, Inc. for Relocation Services
RECOMMENDATION:
11.1 Approve a Professional Service Agreement for Overland Pacific and Cutler, Inc. to
provide relocation services in the amount of $45,000;
11.2 Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency of $4,500 which is equal to 10% of the agreement amount;
11.3 Approve an appropriation from the unreserved General Fund balance in an amount
not to exceed $299,500 for relocation services and assistance.
12 Fiscal Year 2005-06 Economic Development Operatino/Marketino Aoreements
RECOMMENDATION:
12.1 Approve the operating/marketing agreement with T emecula Valley Chamber of
Commerce in the amount of $148,000;
12.2 Approve the operating/marketing agreement with Economic Development
Corporation of Southwest California in the amount of $22,500.
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13 Sponsorship Request for the Great Tractor Race and Inland Empire Affiliate of the Susan
G. Komen Breast Cancer Foundation Race for the Cure Sponsorship and Fundinq
Aqreement
RECOMMENDATION:
13.1 Approve the event sponsorship agreement for actual City support costs in the
amount not to exceed $14,490 for The Great Tractor Race;
13.2 Approve the event sponsorship and funding agreement in the amount of $25,000,
City support costs in the amount of approximately $13,075, and promotional
services valued at $11,925 for the Inland Empire Affiliate of The Susan G. Komen
Breast Cancer Foundation Race for the Cure event.
14 Authorize Temporary Street Closure of Old Town Front Street between Third Street and
Fifth Street for the Old Town Temecula Antique Street Faire Event scheduled for
September 24, 2005 and Deleqate Authority to Issue a Special Events/Street Closures
Permit to the Director of Public Works/Citv Enqineer
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE
OF OLD TOWN FRONT STREET BETWEEN THIRD STREET
AND FIFTH STREET FOR THE "OLD TOWN TEMECULA
ANTIQUE STREET FAIRE" EVENT SCHEDULED FOR
SEPTEMBER 24, 2005 AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
15 Authorize Temporary Partial Street Closures for Race for the Cure Event October 16,
2005, in the Promenade Mall area (Marqarita Road, Overland Drive, Ynez Road, and
Solana Way)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET
CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE"
EVENT ON OCTOBER 16, 2005 AND AUTHORIZING THE CITY
ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL
EVENT
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16 Authorize Temporary Street Closures for the Sixth Annual Temecula Fall Car Show and
Old Town Cruise Event (Old Town Front Street between Moreno Road and Second
Street. and other related streets)
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET
CLOSURES FOR THE SIXTH ANNUAL TEMECULA FALL CAR
SHOW EVENT AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
17 Award the Construction Contract for Proiect No. PW04-12 - Pavement Rehabilitation
ProQram FY 2005-06 - Ynez Road
. RECOMMENDATION:
17.1 Award a construction contract for Project No. PW04-12 Pavement Rehabilitation
Program FY 2005-06, Ynez Road, to Silvia Construction, Inc. in the amount of
$709,568.39 and authorize the Mayor to execute the contract;
17.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $70,956.84, which is equal to 10% of the contract amount.
18 City Maintenance Facility Expansion/Field Operations Center-Phase I
PW03-06
RECOMMENDATION:
Proiect No.
18.1 Award a construction contract for the Phase I of the Field Operations Center
(Maintenance Facility Expansion), Project No. PW03-06, to Western Rim
Constructors, Inc., in the amount of $636,094.80, and authorize the Mayor to
execute the contract;
18.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $63,609.48, which is equal to 10% of the contract amount.
19 Purchase and Sale AQreement for Property located in Old Town
RECOMMENDATION:
19.1 Approve the Purchase and Sale Agreement and escrow instructions for certain real
property located at 41910 Main Street (APN 922-044-019) in the City of Temecula
and authorize the Mayor to execute the agreement;
19.2 Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $595,000 for acquisition, escrow, closing costs, appraisal, testing, and
related fees.
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20 License Aqreement with the Boy Scouts of America Troop No. 309 to use a City-owned
vacant lot (located northwesterly of the intersection of Diaz Road and Rancho California
Road) for a parkinq lot durinq the Temecula Fall Car Show on October 8. 2005
RECOMMENDATION:
20.1 Approve a license agreement between the City of Temecula and the Boy Scouts of
America, Troop No. 309, to use a City-owned vacant lot for off-street parking and
fundraising activities during the Temecula Fall Car Show.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
*****.**************
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Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-21
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Edwards, Comerchero, Naggar, Roberts, 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 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 vour name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of August 23, 2005.
2 Financial Statements for the Fiscal Year Ended June 30, 2005
RECOMMENDATION:
2.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30,
2005.
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3 Harveston Lake Park and Temecula Duck Pond Water ManaqemenUMaintenance
Services
RECOMMENDATION:
3.1 Award a contract to Marine Biochemists, for Water ManagemenUMaintenance
Services at the Harveston Lake Park and Temecula Duck Pond in the amount of
$64,000.00
4 Harveston Lake Paddle boat Concession Aqreement
RECOMMENDATION:
4.1 Approve the Harveston Lake Paddle boat Concession Agreement.
5 Acceptance of Median Landscape Bonds and Aqreement alonq Rancho California Road
and Meadows Parkwav
RECOMMENDATION:
5.1 Accept the Parkland/Landscape Improvement Agreement and surety bonds from
Venture Point for the landscaped medians along Rancho California Road and
Meadows Parkway.
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, September 27, 2005, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-07
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington,
Roberts
PUBLIC COMMENTS
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 state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of August 23, 2005.
2 Financial Statements for the Fiscal Year Ended June 30. 2005
RECOMMENDATION:
2.1 Receive and file the Financial Statements for the Fiscal Year ended June 30,
2005.
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JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
Any person may submit written comments to the City Council/Redevelopment Agency
before a public hearing or may appear and be heard in support of or in opposition to the
approval ofthe project(s) atthe time ofthe hearing. If you challenge any ofthe project(s)
in court, you may be limited to raising only those issues you or someone else raised at
the public hearing or in written correspondence deliyered to the City Clerk at, or prior to,
the public hearing.
3 Third Amendment for Habitat for Humanitv of the Inland Vallevs, Inc. Housinq Proiect
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE AGENCY AND HABITAT FOR HUMANITY
3.2 That the Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THE THIRD AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY
AND HABITAT FOR HUMANITY
3.3 That the Temecula Redevelopment Agency authorize an additional $100,000 to
cover the cost of the off-site improvements on Pujol, First, and Habitat Way.
Recess City Council Meeting
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, September 27, 2005, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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RECONVENE TEMECULA CITY COUNCIL
COUNCIL BUSINESS
21 Financial Assistance for the American Red Cross
(requested by Mayor Comerchero and Mayor Pro Tem Roberts)
RECOMMENDATION:
21.1 Approve a $36,000 contribution to the American Red Cross to assist with local
Chapter operations, local disaster relief, and relief for the victims of Hurricane
Katrina;
21.2 Approve an appropriation of $36,000 from Unappropriated Reserves of the General
Fund for this contribution.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, September 27, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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12
PROCLAMATIONS
AND
PRESENTATIONS
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ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
AUGUST 23, 2005
The City Council convened in a regular meeting on Tuesday, August 23, 2005, in the City
Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California.
Present:
5
Councilmembers:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by Katie Ascani & Nico Ayala.
INVOCATION
The invocation was given by Felecia Brown of Imani Church of God in Christ.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Naggar.
PRESENT A TIONS/PROCLAMA TIONS
Rancho California Water District's 40th Anniversarv Proclamation
Mayor Comerchero, on behalf of the City Council of the City of Temecula, acknowledged and
commended Rancho California Water District for its 40 years of dedication in providing the
highest quality of drinking water, sewer, and reclamation services and for displaying responsible
fiscal management of the City's water resources.
On behalf of the rate payers, employees, and the Board of Directors of Rancho California Water
District, Mr. John Hoagland thanked the City Council for its acknowledgement.
PUBLIC COMMENTS
A. Readdressing her concern for the existing Kahwea Road barricade, Ms. Diana
Broderick, Temecula, presented the City Council with photographs; reiterated safety concerns
associated with closed roads; and requested that Starling Road, Sterling Road, and the
uncompleted North General Kearny Road be opened.
In response to concerns raised by Ms. Broderick, Mayor Comerchero requested that
staff address issues with regard to parked cars/RVs/trailers by ensuring proper signage has
been posted and that Code Enforcement/Police Department is utilized where necessary.
B. Referencing his concern with closed streets, Mr. Mike Kuhn, Temecula, also provided
photographs, elaborating on the traffic impacts as a result of closed streets and requested that
all closed streets throughout the City be reopened.
R\Minutesl082305
CITY COUNCIL REPORTS
Council reports were addressed on pages 7-8.
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 August 9, 2005.
3 Resolution approvinQ List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Resolution of Opposition to Senate Bill S. 1504 Broadband Investment and Consumer
Choice Act of 2005
RECOMMENDATION:
4.1 Adopt a resolution entitled:
R:\Minutesl082305
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RESOLUTION NO. 05-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING SENATE BILL 1504 KNOWN AS THE
BROADBAND INVESTMENT AND CONSUMER CHOICE ACT
(S. 1504) URGING CONGRESSIONAL REPRESENTATIVES TO
REFRAIN FROM ANY FORM OF SUPPORT OR CO-
SPONSORSHIP OF S.1504 AND TO VOTE IN OPPOSITION TO
S. 1504 AND DIRECTING THAT THIS RESOLUTION BE
FORWARDED TO THE CALIFORNIA CONGRESSIONAL
DELEGATION, OTHER MEMBERS OF CONGRESS AS
DEEMED APPROPRIATE, AND THE PRESIDENT OF THE
UNITED STATES
5 Commissioner Term Limits
(At the request of Councilman Washington)
RECOMMENDATION:
5.1 Receive and file.
(This item was pulled for separate discussion; see page 5)
6 Reimbursement Aqreement with Rancho California Water District and the Cities of
Temecula and Murrieta for the acquisition of Aeriallmaqerv and Diqital Elevation Data
RECOMMENDATION:
6.1 Approve a Reimbursement Agreement with Rancho California Water District
(RCWD) for the acquisition of Aerial Imagery and Digital Elevation Data;
6.2 Allocate $162,000 from the Information Systems Fiscal Year 2005-2006 Capital
Budget to cover the cost of the City's share for the project.
7 Third Amendment to an aqreement for Contract Inspection Services for P&D
RECOMMENDATION:
7.1 Approve a third amendment for Consultant Services with P&D Consultants in the
amount not to exceed $12,000 for a total contract amount of $137,000.
8 Staqe Equipment for the Old Town Temecula Communitv Theater
RECOMMENDATION:
8.1 Approve a purchase order of $53,782.66 to Wenger Corporation for the purchase of
musicians' chairs and stools, music stands and lights, stage risers/decking and
accessories, storage carts, and other appurtenant equipment for the Old Town
Temecula Community Theater;
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8.2 Approve a $5,378.27 contingency for the purchase of additional unanticipated stage
equipment identified during the start-up and early months of operation of the new
Theater.
9 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and
Puiol Street for the Temecula-On-Staqe Event scheduled for September 3. 2005. and
deleqate authority to issue a Special Event/Street Closures Permit to the Director of Public
Works/City Enqineer
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 05-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF MAIN STREET BETWEEN OLD TOWN FRONT STREET
AND PUJOL STREET FOR THE TEMECULA-ON-STAGE
EVENT SCHEDULED FOR SEPTEMBER 3, 2005, AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
10 Reimbursement Aqreement between Rancho California Water District and the Citv of
Temecula for the Pechanqa Parkwav Phase II Street Improvements Proiect No. PW99-
11
RECOMMENDATION:
10.1 Approve the Reimbursement Agreement between Rancho California Water District
(RCWD) and the City of Temecula for the Pechanga Parkway Phase II Street
Improvements - Project No. PW99-111 - in substantially the same format as
attached and authorize the mayor to execute the agreement.
11 Roripauqh Ranch Proiect Aqreement with Ashbv USA for Acquisition of Property for
Butterfield Staqe Road Riqht ofWav
RECOMMENDATION:
11.1 Approve the agreement entitled Agreement between the City of T emecula and
Ashby USA, LLC for the acquisition of certain property for public rights of way in
connection with the Roripaugh Ranch Project.
Although it has not been determined whether there would be a conflict of interest, City
Attorney Thorson advised that Mayor Comerchero would be abstaining with regard to this
matter. As for Mayor Pro Tem Roberts, Mr. Thorson noted that he would be abstaining
due to his employment with the County.
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Further clarifying his abstention, Mayor Comerchero noted that he is a partial owner of
property within close proximity of the property of discussion.
12 Status Update reqardinq the City of Temecula's Participation in the Transportation
Uniform Mitiqation Fee (TUMF) Proqram and Reqionallnfrastructure Improvements
RECOMMENDATION:
12.1 Receive and file report on the City of Temecula's contributions to the overall TUMF
Program.
(This item was pulled for separate discussion; see below.)
MOTION: Councilwoman Edwards moved to approve the Consent Calendar Item Nos. 1-4 and 6-
11 (Item Nos. 5 and 12 were pulled for separate discussion; see pages 5-6). The motion was
seconded by Councilman Naggar and electronic vote reflected approval with the exception of
Mayor Pro Tem Roberts who abstained with regard to Item No.2, Councilman Washington who
abstained from Item No.9, and Mayor Comerchero and Mayor Pro Tem Roberts abstained from
Item No. 11.
CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION
5 Commissioner Term Limits
(At the request of Councilman Washington)
RECOMMENDATION:
5.1 Receive and file.
Mr. Mike Kuhn, Temecula, expressed his opposition to Commission term limits.
In response to Mr. Kuhn's comment, Councilman Washington noted that after reviewing staff's
report regarding Commissioner Term Limits, it would be his opinion that Commissioner Term
Limits would not be necessary for the City of Temecula.
Echoing Councilman Washington's comments regarding Term Limits, Mayor Comerchero and
Mayor Pro Tem Roberts concurred with the proposed recommendation to receive and file.
MOTION: Councilman Washington moved to receive and file Item NO.5. Mayor Pro Tem
Roberts seconded the motion and electronic vote reflected unanimous approval.
12 Status Update reqardinq the City of Temecula's Participation in the Transportation Uniform
Mitiqation Fee (TUMF) Proqram and Reqionallnfrastructure Improvements
RECOMMENDATION:
12.1 Receive and file report on the City of Temecula's contributions to the overall TUMF
Program.
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5
Councilwoman Edwards informed the public that this item was placed on the agenda due to
grave inaccuracies of an article that was placed in a newspaper.
Advising that the City's Transportation Uniform Mitigation Fee (TUMF) Program which was
adopted approximately two years ago is a program that identifies a funding source to build
regional arterial improvements throughout Western Riverside County, City Manager Nelson
provided an overview of the City's contributions/participation in the TUMF Program and
regional infrastructure improvement projects.
Via overheads, Director of Public Works Hughes provided an overview of this program,
highlighting the City's TUMF contributions (valued at $42 million) and the City's substantial
improvements to the regional infrastructure (valued at $94 million).
Commenting on the inaccuracies printed in this recent article, Councilman Washington viewed
the article as irresponsible reporting; clarified that the development community is only required
to contribute to the portion of impact the development has created; and noted that this City has
been a leader in its negotiations with the development community as it relates to infrastructure
improvements through the TUMF Program.
Concurring with the previously made comments, Mayor Comerchero referenced previous City
negotiations with developers that resulted in developers voluntarily mitigating over and above
the development impacts.
Having been interviewed by the reporter that wrote the article with the mentioned
discrepancies, Councilman Naggar noted that he had apprised the reporter of the facts but that
none of that information was relayed in the article. Noting that this City's has been a leader in
the development and management of growth in Southwest Riverside County, Mr. Naggar
referenced the City's pursuit of completing of a Freeway Nexus Study in order to determine the
impacts on freeways as a result of new development. Again, reiterating his dismay with the
inaccuracies of this article, Mr. Naggar stated that the City has invested a tremendous amount
of time and effort as it relates to the TUMF Program.
Concurring with the above-mentioned Council comments, Councilwoman Edwards also relayed
her disappointment with the inaccuracies printed in the article and commented on the City's
proactive stance in ensuring that infrastructure improvements are completed prior to the
completion of development.
Concurring with his Councilmembers' comments, Mayor Pro Tem Roberts offered the following
motion:
MOTION: Mayor Pro Tem Roberts moved to receive and file this item. Councilman
Washington seconded the motion. (Following additional discussion, electronic vote
reflected unanimous approval of this motion; see page 7.)
As well concurring with the inaccuracies of the article, City Manager Nelson provided further
clarification with regard to the City's TUMF Program, noting the following:
. That staff is working on a two-year update of the TUMF Program
. That in order to support the TUMF Program in order to mitigate the impacts of the
projected homes, an increase of $1.1 billion will be required
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6
. That current population of Western Riverside County is approximately 1.3 to 1.4 million
people
. That within the next 25 years, the estimated population will be 2.4 million people - an
additional 1 million people
. That to support these additional 1 million people, 350,000 new homes/multi-family units
will have to be built
. That each unit on an average will generate approximately 10 trips per day or 3.5 million
new trips per day
. That currently the 91 Freeway generates approximately 260,000 trips per day.
In closing, Mr. Nelson reiterated the importance of the two-year TUMF update, the Freeway
Nexus Study, and the ability for cities and the County to implement a mechanism to ensure that
new development will pay its fair share of the needed infrastructure to mitigate the impacts of
these 350,000 units.
Mayor Comerchero commended City Manager Nelson and Public Works Director Hughes on
their efforts associated with ensuring that such a mechanism will be implemented.
At this time, the electronic vote on the previously made motion reflected unanimous approval.
CITY COUNCIL REPORTS
A. Having attended a workshop meeting between the Soboba Band of Luiseno Indians
and the City of Hemet, Mayor Pro Tem Roberts apprised the City Councilmembers and the
public of the Tribes' intent to relocate its major gaming operation from reservation land near
San Jacinto to west of Hemet in the County area near Winchester Road and Domenigoni
Boulevard; that a 120-acre site is being explored for a casino with a 400-room hotel along with
an entertainment venues and restaurants. Advising that the City of Hemet is requesting $3.7
million from the Tribe in order to widen Domenigoni Parkway, $2.5 to widen Sanderson Bridge,
and $750,000 to hire three new Police Officers and toward the construction of a new fire
station. Because the land of discussion is not currently Indian occupied, Mr. Roberts advised
that an act of Congress would be required to relocate this casino to the site of discussion.
Because Winchester Road would be a major roadway to the casino from the 1-15 freeway, Mr.
Roberts expressed the need for the City to be involved in these negotiations and, therefore,
requested that a meeting be scheduled with the Soboba Luiseno Indians.
Addressing the financial problems of the City's local Red Cross, Mr. Roberts
commented on the benefits of retaining a local chapter within the City; noted that Supervisor
Stone has committed $10,000 to the local Red Cross; advised that discussions are underway
with the City Murrieta for further assistance; and requested that this issue be agendized for the
September 13, 2005, City Council meeting.
B. Sharing Mr. Roberts' concern, Mayor Comerchero advised that he had met with City
Manager Nelson and requested that a meeting be set with the Red Cross to address the
matter.
C. Readdressing information she had provided at a previous City Council meeting with
regard to dialing 911 from cell phones, Mrs. Edwards noted that currently these calls are routed
through the CHP regional dispatch office. In an effort to make this 911 dispatch more effective,
Mrs. Edwards advised that residents, within the City of Temecula limits, may call 776-1078
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7
from their cell phone for 911 emergencies; noted that by calling this number, these calls will be
routed to the dispatch center currently accepting T emecula calls for emergency service;
reiterated that this number will only pertain to City limit calls and that this number does not
pertain to land lines; and advised that for non-emergency calls, an individual may call 776-1079
from a cell phone.
Having had the opportunity to yisit Camp Pendleton and to meet Commanding General
Leonard along with Deputy City Manager Thornhill, Assistant City Manager O'Grady, and
Assistant to the City Manager Yates, Mrs. Edwards advised that discussion included efforts to
develop a closer relationship with Camp Pendleton because of the City's large military family
population in order to provide greater support/assistance to the families.
With pleasure, Mrs. Edwards announced that the County of Riverside has deeded the
3.4 acre property on Jedediah Smith and Cabrillo Road to the Rose Society where currently the
Rose Society maintains a rose garden. Commenting on the many hours the volunteers of the
Rose Society has dedicated to this garden, Mrs. Edwards requested that members of the Rose
Society along with a representatiye from Supervisor Stone's Office be invited to an upcoming
City Council meeting.
D. Councilman Washington invited and reminded the public of the upcoming Fourth
Annual Theater Foundation Fundraiser Temecula-On-Stage Event on Saturday, September 3,
2005 from 6:00 P.M. to 11 :00 P.M., noting that Main Street will be closed.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
13 Second Extension of Interim Ordinance: Prohibition of Medical Mariiuana Dispensaries
RECOMMENDATION:
13.1 That the City Council, by a 4/5ths yote, adopt an ordinance entitled:
URGENCY INTERIM ORDINANCE NO. 05-15
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY
OF TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING,
AND EXTENDING THE PROHIBITION OF THE
ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY
ZONING DISTRICT WITHIN THE CITY
City Attorney Thorson presented a staff report (of written material).
At this time, the public hearing was opened and due to no speakers, it was closed.
MOTION: Councilman Naggar moyed to adopt the ordinance. Councilman Washington seconded
the motion and electronic vote reflected unanimous approval.
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8
14 Second Weed Abatement Lien Resolution for FY 2005-2006
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 05-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF THE SPECIAL
ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE
CITY OF TEMECULA FOR THE SECOND WEED ABATEMENT
CYCLE FOR COSTS OF ABATEMENT AND REMOVAL OF
HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2005-
2006
Principal Planner Brown presented a staff report (of record).
At this time, the public hearing was opened and due to no speakers, it was closed.
MOTION: Mayor Pro Tem Roberts moved to adopt this resolution. Councilwoman Edwards
seconded the motion and electronic vote reflected unanimous approval.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there were no items to
report.
ADJOURNMENT
At 8:12 P.M., the City Council meeting was formally adjourned to Tuesday, September 13,
2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
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9
ITEM 3
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. That the following claims and 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 $6,954,160.10.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 13'h day of September, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
R:/Resos 2005/Resos 05-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 05-_ was duly adopted at a meeting of the City Council of the City of
Temecula on the 13'h day of September, 2005 by the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, MMC
City Clerk
A:/Resos 2Q05/Resos 05-
2
CITY OF TEMECULA
I LIST OF DEMANDS
08/18/05 TOTAL CHECK RUN: $ 1,456,909.35
08/25/05 TOTAL CHECK RUN: 977,077.33
09/01/05 TOTAL CHECK RUN: 4,105,003.34
08/25/05 TOTAL PAYROLL RUN: 415,170.08
TOTAl. LIST OF DEMANDS FOR 09/13105 COUNCIL MEETING: $ 6,954,160.10
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 1,466,335.04
165 RDA DEV-lOWIMOD SET ASIDE 329,362.86
190 TEMECULA COMMUNITY SERVICES DISTRICT 324,514.87
192 TeSD SERVICE LEVEL "B" STREET LIGHTS 114.25
193 Teso SERVICE LEVEL 'C. LANDSCAPE/SLOPE 91,296.64
194 TeSD SERVICE LEVEL "0" REFUSElRECYClINO 752.13
196 Teso SERVICE LEVEL L LAKE PARK MAINT. 15,412.48
210 CAPITAllMPROV PROJECT FUND 2,951,808.83
280 REDEVELOPMENT AGENCY. C1P PROJECT 51,633.93
300 INSURANCE FUND 17,403.39
310 VEHICLE FUND 2,047.59
320 INFORMATION SYSTEMS 41,358.24
330 SUPPORT SERVICES 4,776.11
340 FACIUTIES 21,466.98
460 CFD 68-12 DEBT SERVICE RESERVE FUND 1,152,094.83
470 HARVESTON CFD 01-2 DEBT SERVICE FUND 11,175.29
I 473 CROWNE Hill CFD 03-1 DEBT SERVICE FUND 47,694.72
474 JOHN WARNER AD 03-4 ASSESSMENT DISTRICT 9,741.84
$ 6,538,990.02
001 GENERAL FUND 269,828.28
165 RDA DEV.lOWIMOD SET ASIDE 4,791.57
190 TEMECULA COMMUNITY SERVICES DISTRICT 98,968.91
192 TCSD SERVICE LEVEL 'B' STREET LIGHTS 103.69
193 TCSD SERVICE lEVEL .C. LANDSCAPElSlOPE 4,072.89
194 TCSD SERVICE lEVEL "0" REFUSE/RECYCLING 710.70
196 TCSD SERVICE lEVEL l LAKE PARK MAINT. 549.08
280 REDEVELOPMENT AGENCY. CIP PROJECT 3,275.80
300 INSURANCE FUND 1,214.25
320 INFORMATION SYSTEMS 22,051.82
330 SUPPORT SERVICES 3,354.88
340 FACILITIES 6,248.21
415,170.08
TOT M... BY FUND; $ 6,954,160.10
I
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst Final Check List Page: 1
08118/2005 2:28:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
552 08/1212005 004236 WASHINGTON MUTUAL BANK Mission Village Apts Pledge FundS Pmt 305,000.00 305,000.00
553 08/18/2005 005460 U S BANK CFD 01.2/03.1 & AD 03-4 tax remittance 68,611.85 68,611.85
101478 08/18/2005 009129 117WEST 8/20 Summer Nights Performer 500.00 500.00
101479 08/18/2005 005068 ADKISSON, CANDICE EE computer purch prgm 1,410.42 1,410.42
101480 08/18/2005 006915 ALLIE'S PARTY EQUIPMENT Canopy/Stage rental:Summer Nights 473.54
Chairs rental:Summer Nights 333.90
Canopy/equip ren1a1:Summer Nights 230.86
Canopy rental:Summer Nights 130.71
Canopy rental:Summer Nights 130.71 1,299.72
101481 08/18/2005 003811 AMERICAN ASSN FOR STATE Membership:W. on SBLP0421(2) 100.00 100.00
101482 08/18/2005 001375 AMERICAN CONSTRUCTION Mbshp:Arms1rong & Ryan 250.00 250.00
101483 08/18/2005 004240 AMERICAN FORENSIC NURSES Apr DUI Drug & Alcohol SCreening 512.50
Credit:#435084 dry run not requested -25.00 487.50
101484 08/18/2005 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 8.00 8.00
101485 08/18/2005 000101 APPLE ONE INC Temp help PPE 7/30 JBlGK 1,188.00
Temp help PPE 7130 Shetton 540.00
Temp help PPE 7/9 & 7/16 Gonzales 459.00
Temp help PPE 7/9 Gonzales 283.50 2,470.50
101486 08/1812005 001323 ARROWHEAD WATER INC Bottled wtr svcs for SMART prgm 45.26
Bottled wtr svcs @ Skate Park 37.13 82.39
101487 08/18/2005 007958 ATLANTIC CITY GAMES INC Casino Equip Rental:High Hopes 378.21 378.21
101488 08/18/2005 002648 AUTO CLUB OF SOUTHERN Membership: Rich Johnston 56.00
Membership: Brent Koerting 56.00
Membership: Mike T oake 56.00
Membership: John Yonker 56.00 224.00
101489 08/18/2005 006565 BRANOT, MATT Reimb:Mass Casualty 1mg equip 54.74 54.74
101490 08/18/2005 006908 C C & COMPANY INC Movies in the Prk entertainment 375.00 375.00
Page:1
apChkLst Anal Check List Page: 2
0811812005 2:28:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101491 08/18/2005 005384 CALIF BAGEL BAKERY & DELI RefreshmentClosed Council mtg 232.74 232.74
101492 08/18/2005 000638 CALIF DEPT OF CONSERVATION 2005 2nd Otr pmt:strong motion 13,568.30 13,568.30
101493 08/18/2005 009096 CALIF DEPT OF FINANCE Population estimate:Redhawk Annex 350.00 350.00
101494 08/18/2005 009062 CALIFORNIA STAGE & LIGHTING Fog equip for Camm Theater 3,721.43 3,721.43
101495 08/18/2005 009143 CAREY, CORI Refund: Taekwondo Camp 43.00 43.00
101496 08/18/2005 009015 CASH, TIMOTHY L 08112 Summer Nights Performer 600.00 600.00
101497 08/18/2005 000137 CHEVRON USA INC City vehicles fuel: Police 718.28
City vehicles fuel:PolicelCM 392.57 1,110.8S
101498 08/1812005 009095 CHURM PUBLISHING INC Aug Parent magazine ad: C.Museum 925.00
July Parent magazine ad: C.Museum 720.00
July Family magazine ad: C.Museum 645.00
Aug Family magazine ad: C.Museum 645.00 2,935.00
101499 08/1812005 008594 COMMUNITY BANK ReVEscrow 280000256: Win.Widening 5,014.89 5,014.89
101500 08/1812005 003389 CONVIS Membership:G.Wolnick 11-0014 525.00 525.00
101501 08/18/2005 001716 DANS ROOFING Refund:Ovrchg permit:43780 Rendova 253.91 253.91
101502 08/18/2005 009142 DEITER, STEVEN Refund:Cite 50780 Hearing Officer 25.00 25.00
101503 08118/2005 008943 DGS PROCUREMENT DIVISION State procurement fee: TCSD bus 2,047.59 2,047.59
101504 08/18/2005 008565 OONAHO, RICHARO Reimb: Nt'1 Gang Violence Cf:7/1B-22 529.75 529.75
101505 08/18/2005 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: City's Van 435.71
Fuel for City vehicles: Code Enforcement 98.18 533.89
101506 08/18/2005 001714 DREAM ENGINEERING INC July expenses:V.Ranch Bskball Lighting 20.90 20.90
101507 08/18/2005 005115 ENTERPRISE RENT A CAR INC T.Museum explorers van rental:7/22 283.44
T.Museum explorers van rental:7/29 137.72
T.Museum explorers van rental:7/15 137.72 558.88
Page2
apChkLst Flna' Chack List Page: 3
0811812005 2:28:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101508 0811812005 004464 EXXONMOBIL CARD SERVICES City vehicles fuel: City Mgr 9.28 9.28
101509 0811812005 000165 FEDERALEXPRESSINC Express mail services 209.51 209.51
101510 0811812005 003347 FIRST BANKCARD CENTER
009147 HOTEL PACIFIC ME HttExec.Foruml Comm. C1:7/27-29 511.80
000210 LEAGUE OF CALIF CITIES ME Regist:Ann'l League Cont: 1 0/5-8 400.00
009146 NA TL CAR RENTAL ME Car Rental:Exec.Foruml Comm.Cf 242.39
006937 SOUTHWEST AIRLINES ME AirFare:Myr/Council Exec.Forum: 168.90
006937 SOUTHWEST AIRLINES ME Airfare:Commissioners Cf:7127-29:TE 168.90
002652 PAT & OSCARS RESTAURANT SJ Refrshmnts:Council Closed Session 152.32
007651 FILlPPIS PIZZA GROTTO SJ Refrshmnts:Space saver tour 65.13
007409 OLD TOWN DINING LLC JO Refreshments:Plans for T.Center mtg 64.71
000168 TEMECULA FLOWER CORRAL SN Mr .Johnson fonner tiff comm tribute 53.88
000915 NATIONAL NOTARY SJ Notary Supplies 47.66
. - - - -..-.-.
006467 EUROPEAN CAFE & VINEYARD JM Refreshments:Closing req for tee 22.57
009145 MONTEREY ICE CREAM ME Refreshments:Myr/Council Exec.Forum: 6.64 1,904.90
101511 0811812005 000795 FRED PRYOR SEMINARS- Regist:Coaching Skills:9114: Butler 199.00 199.00
- . - ----- . -
101512 0811812005 008416 FRONTBRIDGE TECHNOLOGIES July Citywide E.mail Spam Filtering 287.50 287.50
101513 0811812005 004514 GTSICORP Tablets PCs:Fire Hmelnd Grant 10,592.42 10,592.42
101514 0811812005 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 71.93 71.93
101515 0811812005 008941 GRANT, SIDNEY Reimb: Printer ink cartridge 75.71 75.71
101516 0811812005 000186 HANKS HARDWARE INC Hardware supplies: Sports prgm 220.23
Hardware supplies:MediclStn 84 184.79
Hardware supplies:C.MuseumfTCSD 64.51
Hardware supplies: SMART prgm 46.00
Exhibit SuppJies:Tv Museum 24.61 540.14
101517 0811812005 003299 HAYES, BARNEY A. 8/12 Summer Nights Perfanner 400.00 400.00
Page:3
apChkLst Final Check Ust Page: 4
0811812005 2:28:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101518 08/18/2005 001135 HEAL THPOINTE MEDICAL June Pre-employment physicals 345.00
Jun-July Pre-employment physicals 75.00 420.00
101519 08/18/2005 005201 HUDSON, MICHAEL EE Computer Purch Prgm 2,000.00 2,000.00
101520 08/1812005 008662 INLAND V ALLEY VICTORY Refund: Security Depst MPSC 150.00 150.00
101521 08118/2005 003266 IRON MOUNTAIN OFFSITE Records mgrnt microfilm storage unit 262.00 262.00
101522 08/1812005 008516 JAMIN ENTERTAINMENT Bouncer rental: EE picnic event 150.00 150.00
101523 08/18/2005 009131 LAMPKINS, RICKY DEAN 8/20 Summer Nights Perfonner 500.00 500.00
101524 08/18/2005 003975 LAWRENCE, JEFF Reimb: Teen Movie Excursion 7/28 70.00 70.00
101525 08/18/2005 004998 LINFIELD SCHOOL Refund: TEFRA hearing deposit 975.88 975.88
101528 08/18/2005 003782 MAIN STREET SIGNS -No Dogs Allowed- signs for var. parks 113.14 113.14
101527 08/18/2005 004929 MARK FISHER COMPANY, THE update Film Festival ad: Econ Dav 129.00 129.00
101528 08/18/2005 005806 MATTHEWS, CATHERINE J. Jul street addressing svcs: B&S Dept. 350.00 350.00
101529 08/18/2005 009137 MCCLAIN, IVAN Refund: Ballroom Dance-lvanlElissa 60.00 80.00
101530 08/18/2005 008091 MILLMORE'S WAA CREW City vehicles detailing svcs: B&S Dept. 130.00 130.00
101531 08/18/2005 001384 MINUTEMAN PRESS qty 10,000 window envelopes:H.R. 525.77
business cards: K. Haghighi 43.33
business cards: W. Becerra 43.33 612.43
101532 08/18/2005 009140 MISSION OAKS BANK FBO prepaymentlCFD 88-12 - Reimb per agnnnt 749,105.00 749,105.00
101533 08/18/2005 001067 MITY LITE INC table for MPSC 709.36 709.36
101534 08/18/2005 001892 MOBILE MODULAR Aug modular bldg rental:Fire 51n 92 832.40 832.40
101535 08/18/2005 001214 MORNINGSTAR PRODUCTIONS, Stage/Sound renlal: Main SI Smr Nights 2,800.00 2,800.00
Page:4
apChkLsI
0811812005
2:28:23PM
Final Check Ust
CITY OF TEMECULA
Page: 5
Bank: union UNION BANK OF CAUFORNtA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101536 06/1812005 002139 NORTH COUNTY TIMES
Jul Display Ads: TcsdfRda
Jul recruitment ads: PW Maint Worker
1,570.46
400.88
1,971.34
101537 08118/2005 006721 OFFICEMAX - A BOISE COMPANY office supplies: Planning
10.88
10.88
101538 0811812005 009130 OLD BLUE INC pertonnance Main Sl Summer Nights 8/20
1,800.00
1,800.00
101539 0811812005 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs
City Vehicle RepairlMaint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle RepairlMaint Svcs
City Vehicle AepairlMaint Svcs
City Vehicle Aepair/Maint Svcs
3,893.99
626.83
594.75
584.50
147.41
108.92
5,956.40
101540 08118/2005 001171 ORIENTAL TRADING COMPANY recreation supplies: TCC
recreation supplies: TCe
257.15
24.95
282.10
101541 08118/2005 009139 OSBORN, SHERILYN
Refund: Level 2 SlNim Lessons
Refund: Toddler Swim Lessons
42.50
42.50
85.00
101542 08118/2005 009134 PARKER, MARIANNE partial direct deposit/account closed
25.00
25.00
101543 0811812005 003218 PELA Jul Plan Check Svcs: Tcsd
2,850.00
2,850.00
101544 08118/2005 000249 PETTY CASH Petty Cash Reimbursement
358.21
358.21
101545 0811812005 001999 PITNEY BOWES 7/01/05-9130105 postage meler rental
269.11
269.11
1015460811812005 009t41 PLANT,ANITA Refund:Cile#40212
325.00
325.00
101547 08118/2005 000253 POSTMASTER Express Mall & Postal Svcs
24.20
24.20
101548 08118/2005 000254 PRESS ENTERPRISE COMPANY Jul display ads: TCSD/PW
Jul recruitment ads: pwrrCSD
2,083.20
1.060.05
3,143.25
101549 0811812005 002880 PRO-CRAFT SASH & SUPPLY Res Imprv Prgm: Osborne, Lourena
2,700.00
2,700.00
101550 08/18/2005 009030 PULL T ARPS MFG Pulltarp To Cover Asphlat For Transport
1,404.27
1,404.27
101551 08118/2005 004529 OUAID TEMECULA HARLEY-
'05 motorcycle for Police xx641
'05 motorcycle for Police xx112
9,329.96
9,329.96
18,659.92
101552 08118/2005 004453 R C ENTERPRISES
Self inking stamp: Finance
37.52
37.52
PageS
apChkLst Final Check List Page: 6
0811812005 2:28:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Dale Vendor Description Amount Paid Check Total
101553 08118/2005 002012 ROO EQUIPMENT COMPANY jackstand for PW Maint ~iy 101.12 101.12
101554 0811812005 009066 RAOAR SHOP INC, THE Re-Certification/Calibration Radar Units 405.00 405.00
101565 08118/2005 007928 RAGING WATERS SMART excursion 8/10105 937.63 937.63
101556 0811812005 009136 RAINBOW CANYON VILLAGES Refund: penn" PA05-0170 639.00 639.00
101557 0811812005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 23,133.74
Various Water Meters 701.99
Various Water Meters 69.47
Aug 01-06-68000-4 Comm. Theater 43.72 23,948.92
101558 0811812005 000947 RANCHO REPROGRAPHICS dup blueprints: Maint Fae Expan. PW0306 63.88 63.88
101569 0811812005 004584 REGENCY LIGHTING electrical 5uppJies:Childrens Museum 106.89 106.89
101560 0811812005 003591 RENES COMMERCIAL weed abatement: Campus Project 7,500.00 7,600.00
. ..... --- --..-
101561 0811812005 002110 RENTAL SERVICE equipment rental for PIN Maint Div 20.85 20.85
- --- -- -----
101562 0811812005 009133 REYES, JENNIFER Refund:Sec. Depas" CRC 400.00 400.00
101563 0811812005 008928 RIGEL PRODUCTS & SERVICE repair equipment: PIN Maint Div 2,486.54 2,486.54
101564 0811812005 001592 RIVERSIDE CO INFO Jun emerg. radio rental: Police 627.00 627.00
101565 0811812005 000357 RIVERSIDE CO Imprv PlansNar Tract Maps Within City 110.00 110.00
...-----.----
101566 0811812005 002181 RIVERSIDE CONSTRUCTION Jun prgs pmt #7:Winchester Widen 00-27 57,5n.81
credit: COt 2 & 4 nol authorized PWOQ-27 -12.443.70 45,134.11
101567 08/1812005 001097 ROADLlNE PRODUCTS INC parts/supplies for PW Maint stencil crew 1,246.12 1,246.12
101568 0811812005 000277 S & S ARTS & CRAFTS INC art cart supplies: SMART Prgm 249.74 249.74
101569 0811812005 001942 S C SIGNS Jul sign posting/public notices: 760.00 760.00
Page:6
apChkLst
0811812005
Anal Check Ust
CITY OF TEMECULA
2:28:23PM
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
101570 08/18/2005 000278 SAN DIEGO UNION TRIBUNE
May-Jun recruitment ads: PWfTCSD
Jun recruitment ad: Code Enforcement
101571 08/18/2005 006537 SANDERS, SHELBY
performance:Summer Nights 8/12/05
101572 08/18/2005 008281 SIGN-A.RAMA Facade Imprv Prgm: Cutie Pie
101573 08/18/2005 004460 SILVERADO BLUEGRASS BAND Performance: Main St Summer Nights
101574 08/18/2005 000645 SMART & FINAL INC recreation supplies: SMART Prgm
recreation supplies: MPSC
recreation supplies: SMART Prgm
101575 08/18/2005 000537 SO CALIF EDISON JuI2-OO~397.5059 various mtrs
Aug 2-26-887-0789 various mtrs
Aug 2-25-393-4681 T.E.S. Pool
JuI2-24-151-6582 various mtrs
Aug 2-27-303-5618 Pechanga
Aug 2-24-628-8963 Btrfld Stage
101576 08/18/2005 007851 SOUTHCOAST HEATING & AIR 1st qtr HVAC prev maint:CRC/C.HJStn 84
HV AC repairs: City Hall
HV AC repairs: Harveston Comm. Room
HV AC repair: Maint Fac
101577 08/18/2005 005786 SPRINT 6/15/05-7/14/05 cell phone usage/equip
101578 08/18/2005 004570 STEPHEN G WHITE, MAl Updated appraisal:Roripaugh CFD
101579 08/18/2005 001546 STRAIGHT LINE GlASS INC Res Imprv Prgm: Lizotte, Joann
101580 08/18/2005 007698 SWANK MOTIONS PICTURES, "Shrek 2" rental: movie/pk 8/12
101581 08/18/2005 000305 TARGET BANK BUS CARD SRVCS recreation supplies:Children's Museum
Recreation Supplies: Smr Day Camp
101582 08/16/2005 009138 TEM. VLY CENTRAL LITTLE
Refund: Sec. Deposit CRC
101583 08/1812005 006465 TEMECULA AUTO REPAIR
City vehicle repair/maint svcs: Medics
City vehicle repair/maint svcs: Fire
City vehicle repair/maint svcs: Code Enf
City vehicle repair/maint svcs: Fire
City vehicle repair/maint svcs: Fire
City vehicle repair/maint svcs: Fire
Amount Paid
Check Total
1,402.50
525.60
1,928.10
400.00
400.00
2,758.07
2,758.07
1.300.00
1,300.00
124.35
121.55
6.44
252.34
4,326.48
1,607.71
879.93
594.28
55.34
26.92
7,490.66
1,965.00
172.33
167.93
87.50
2,392.76
10,489.54
10,489.54
7,000.00
7,000.00
187.36
187.36
271.00
271.00
178.39
115.21
293.60
106.53
106.53
1,647.96
517.65
286.32
195.00
42.23
15.00
2,704.16
Page:7
apChkLst
0811812005
2:28:23PM
Final Check Ust
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Ccntinued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101584 08/18/2005 0036n TEMECULA MOTORSPQRTS LLC repair/maint of motorcycles: Police
181.54
181.54
101585 08/18/2005 000307 TEMECULA TROPHY COMPANY Nametags:KttcheVHarter
23.17
23.17
101586 08/18/2005 004162 TMP INTERACTIVE INC MonsterTRAK 1 yr recruitment ads for
1,195.00
1,195.00
101587 08/18/2005 002452 TOP LINE INDUSTRIAL sman equip parts/supplies: PW
300.67
300.67
101588 08/18/2005 003031 TRAFFIC CONTROL SERVICE INC .Only Rain In The Drain' Hot Tape
2,693.75
2,693.75
101589 08/18/2005 003665 VARTEC SOLUTIONS INC
Jullong distance phone sves
3.57
3.57
101590 08/18/2005 004261 VERIZON
AU9 xxx-I941 PTC CD TTACSD
Aug xxx-3851 general usage
Aug xxx-3910 1 st 51 irrigation
AU9 xxx-4896 M. Edwards
58.48
40.17
31.39
29.31
159.35
101591 08/18/2005 003730 WEST COAST ARBORISTS INC
7/1-15105 Citywide Tree Trimming Maint
6,521.00
6,521.00
101592 08/18/2005 000621 WESTERN RIVERSIDE COUNCIL July '05 TUMF Fees
69,881.05
69,681.05
101593 08/18/2005 008402 WESTERN RIVERSIDE COUNTY Jul '05 MSHCP payment
23,828.80
23,828.80
101594 08/18/2005 002109 WHITE CPF' INDUSTRIES INC mise supplies for Land Dav.
117.92
117.92
101595 08118/2005 007473 WITCHER, DENNIS R Performance: Main 5t Summer Nights
750.00
750.00
101596 08/18/2005 007588 WOLNICK, GLORIA Reimb:I.E.Tourism Council mtg: 7/26/05
124.80
124.80
101597 08/t8l2005 006290 WooDCREST VEHICLE CENTER lidar mount wlticket box holder. Police
210.11
210.11
101598 08/18/2005 008418 WOODSIDE WOLF CREEK 121 Refund:change in Sq footage on perrott
23.94
23.94
101599 08118/2005 003nS ZOLL MEDICAL CORPORATION medical supplies for Paramedics
medical supplies: Paramedics
1.306.30
612.30
1,918.60
Grand total for UNION BANK OF CALIFORNIA:
1,456,909.35
PageB
apChklst Final Check list Page: 1
08125/2005 10:48:09AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
554 08/25/2005 000444 INSTATAX (EDD) State Disability Ins Payment 19,147.58 19,147.58
555 08/25/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,412.98 75,412.98
556 08/25/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,477.65 16,477.65
557 08/25/2005 000246 P~f1~ tEMPL.oYEES' PERS ER Paid Member Contr Payment 100,479.09 100,479.09
558 08/25/2005 000389 US C M WEST (OBRA), OBRA - Project Retirement Payment 5,269.44 5,269.44
.. .-. -. -...-- ------- -----
559 08/23/2005 000166 FIRST AMERICAN TITLE Depst:APN 922-044-022 Old Two 10,000.00 10,000.00
101600 08/18/2005 003859 ALL ABOUT SELF STORAGE Storage unit C332 lease:13 mnths 2,868.00 2,868.00
101601 08/19/2005 008892 LIBERTY COLLISION CENTER INC vehicle repair:GEM Cart 18731 282.34 282.34
101602 08/25/2005 004594 2 HOT ACTIVEWEAR jacketlbootsltrousers:Off.Shreiber 1,414.76 1,414.76
101603 08/25/2005 000303 2.90 SIGN SYSTEMS Office/Cubicle nameplates:City Hall 1.242.66 1,242.66
101604 08/25/2005 008239 4 PAWS TRAINING TCSD instructor earnings 1,050.00
TCSD instructor earnings 105.00 1,155.00
101605 08/25/2005 004064 ADELPHIA 8/11-9/10 high speed internet svcs 55.02
8/22-9121 high speed internet svcs 46.95 101.97
101606 08/25/2005 008552 ADKINS DESIGN CONSULTING Community Theater logo designs 4,608.06 4,608.06
101607 08/25/2005 009033 ALLEN, STEVEN L. Reimb:C.Museum Various supplies 1,230.50 1,230.50
101608 08/25/2005 002877 AL T A LOMA CHARTER LINES Bus:SMART Knott's excursion 716.79
Bus:SMART Sea World excursion 701.75
Bus:SMART Raging Wtr excursion 656.64
Bus:SMART LA Galaxy excursion 551.38
Bus:SMART Castle Prk excursion 536.34 3,162.90
101609 08/25/2005 008517 AMERICAN CLASSIC SANITATION 7/21-8/17 Main St bridge fence rental 26.52 26.52
101610 08/25/2005 004240 AMERICAN FORENSIC NURSES JuVAug OUI Drug & Alcohol Screening 175.00
Jul DUI Drug & Alcohol Screening 105.00 280.00
Page:1
apChklst
08125/2005
10:48:09AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
101611 08/25/2005 008595 AMERICAN INTL GROUP INC
101612 08/25/2005 000101 APPLE ONE INC
101613 08/2512005 003203 ARTISTIC EMBROIDERY
101614 08/2512005 003376 ARTS COUNCIL, THE
Final Check list
CITY OF TEMECULA
(Continued)
Description
Workers Comp for August 2005
Temp help PPE 8/6 Shelton
Temp help PPE 8/6 Bryant
Temp help PPE 8/13 Bryant
Temp help PPE 8/13 Shelton
Temp help PPE 8/13 Scovill
TCSD staff unifonns
Community grant Concert On The Green
101615 08/25/2005 008966 AUSTIN FOUST ASSOCIATES INC Trffc Impact rprt:Pechanga Pkwy
101616 08/2512005 000475 B N I PUBLICATIONS INC
101617 08/25/2005 008868 BANK OF SACRAMENTO
101618 08/2512005 004778 BERRYMAN & HENIGAR INC
101619 08/25/2005 008437 BETZ, MARTIN
101620 08/2512005 009159 BINGHAM, JANET
101621 08/2512005 009160 CAS Q A CONFERENCE
101622 08/2512005 005863 CAL DOR SPECIALTIES INC
101623 08/2512005 004248 CALIF DEPT OF JUSTICE-
101624 08/2512005 002520 CALIF T'S SCREENPRINTING
101625 08/25/2005 004971 CANON FINANCIAL SERVICES,
Code Books:Elec/MechlPlumb:B&S
Rei retention:Jefferson Rehab:RJ Noble
6/18-7/15 design: R. Calif Ad Widening
Boat bldg class materials
Refund: Orange Empire Railway Museum
RegistStnnwtr Quality Cf:10/3-5:AUJA
Repair front door:Sr. Center
Feb 04 blood alcohol analysis
PW mntc unifonns:Shirts & Hats
Aug copier lease: City Fac
Jul copier lease: City Fac
Jul copier [ease: City Fac
Aug copier lease: City Fac
Jul copier lease: CRC/Stn 73
Aug copier lease: CRCIStn 73
Jul copier lease: Stn 12
Aug copier lease: Stn 12
Page; 2
Amount Paid
Check Total
51,818.00
51,818.00
540.00
540.00
540.00
344.25
108.00
2,072.25
42.00
42.00
12,000.00
12,000.00
7,600.00
7,600.00
730.43
730.43
914.02
914.02
2,488.23
2,488.23
102.50
102.50
5.00
5.00
440.00
440.00
1,152.78
1,152.78
140.00
140.00
531.21
531.21
1,748.74
1,748.74
347.97
347.97
328.63
328.63
69.96
69.96
4,990.60
Page:2
apChkLst
08l25/2Q05
10:48:09AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
101626 08/25/2005 009158 CANTRELL, DEBI
101627 08/25/2005 008644 CANTRELL, ROGER, AlA, AICP
101628 08/25/2005 006114 CASEY. MARGIE
101629 08/25/2005 002534 CATERERS CAFE
101630 08/25/2005 001326 CHULA VISTA, CITY OF
101631 08/25/2005 007854 CLARY, JOHN
101632 08/25/2005 002989 CLEAR IMAGE WINDOW
101633 08/25/2005 009028 COMMUNICATIONS USA INC
Final Check List
CITY OF TEMECULA
(Continued)
Description
Refund:SMART-Raging Wtr/KnotURyan
Refund: SMART-Raging Waters/Sara
July Architectplan review consulting
EE computer purchase prgm
Refreshments:Fire Team Bldg Mtg
Refreshments:Risk Watch Mtg
RegistCMTA's Race Day:8/11:GR
Reimb:EMS Conf:5/4-6/05:Palm Sprg
clean City Hall exterior windows/canopy
Communication equip:Theater
101634 08/25/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment
101635 08/25/2005 000442 COMPUTER ALERT SYSTEMS
101636 08/25/2005 002945 CONSOLIDATED ELECTRICAL
101637 08/25/2005 009151 CORDEIRO, JONAY
101638 08/25/2005 009157 CORNERSTONE COMMUNITIES
101639 08/25/2005 008699 CSUS CCE
101640 08/25/2005 001393 DATA TICKET INC
101641 08/25/2005 009152 DEAL, JENNIFER
101642 08/25/2005 003945 DIAMOND ENVIRONMENTAL
Svc Call: Wedding Chapel
Repair electrical equip:Harveston Prk
Refund:Picnic Shelter:Harveston Prk
Refund:Permit Ovrpmt:28049 Map
Registtrffc safety summit:HS/GP:511-5
June Citations processing svcs
June Citations processing svcs
Refund: SMART-Castle Park
Portable Restroom: Riverton Park
Portable Restroom:Lng Cyn Park
Portable Restroom:Veterans Park
Page: 3
Amount Paid
Check Total
30.00
15.00
45.00
8,357.00
8,357.00
1,772.66
1,772.66
64.33
23.88
88.21
120.00
120.00
97.59
97.59
415.00
415.00
2,491.45
2,491.45
122.00
122.00
48.28
48.28
420.23
420.23
150.00
150.00
205.70
205.70
470.00
470.00
261.66
140.00
401.66
10.00
10.00
57.16
57.16
57.16
171.48
Page:3
apChkLst Final Cheek List Page: 4
08125/2005 10:48:09AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Cheek # Date Vendor Deseri ption Amount Paid Cheek Total
101643 08/25/2005 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:PW Mnte 1,266.34
Fuel for City vehicles:TCSD 1,173.45
Fuel for City vehicles:LandlCIP 641.04
Fuel for City vehicles:Code Enforce 118.18 3,199.01
101644 08/25/2005 009156 DRAPER, RAFAELA Refund: Level 3 Swim Lessons 40.00 40.00
101645 08/25/2005 002981 DYNA MED First aid supplies: Aquatics 376.30
Credit: Cell Phone Holders -183.07 193.23
101646 08/25/2005 002528 EAGLE GRAPHIC CREATIONS New employees glass mugs 49.57 49.57
101647 08/25/2005 007693 EAGLE'S MARK INC Color Decals/Arm Bands:Citizen Corps 5,489.99 5,489.99
101648 08125/2005 002390 EASTERN MUNICIPAL WATER 95366"()2 Diego Dr Ldscp 532.12 532.12
101649 08/25/2005 005880 EDGE DEVELOPMENT INC. Refund:Permit Ovrpmt:43466 Bus Prk 145.00 145.00
101650 08/25/2005 008704 EOW ARDS, MARYANN Reimb:Myr/Council Exec:Comm Sve Cf 219.95 219.95
101651 08125/2005 003171 EMPIRE ECCNOMICS LLC Mrkt absorp study:Roripaugh Ranch 9,650.00 9,850.00
101652 08/25/2005 005251 EQUIPMENT REPAIR SERVICE PW Truck Repair Svcs 1,684.21 1,684.21
101653 08/25/2005 000164 ESGIL CORPORATION July Plan check: Bldg & Safety 70,034.93 70,034.93
101654 08/25/2005 001056 EXCEL LANDSCAPE July Idsep impr:Slope area 498.27 498.27
101655 08/25/2005 000165 FEDERALEXPRESSINC Express mail services 225.42 225.42
101656 08/25/2005 005280 FEDERAL SIGNAL Fire Prevo vehicle equip: Series LED 285.30 285.30
- --- - - --.-.
101657 08/25/2005 000206 FEDEX KINKOS INC Stationery paper/mise supplies 32.06 32.06
Page:4
apChklst
0812512005
10:48:09AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
101658 08/2512005 003347 FIRST BANKCARO CENTER
OFFICE DEPOT BUSINESS SVS
SPRINT
SPRINT
VERIZON WIRELESS LLC
STAPLES BUSINESS
.. ..-. --
TREO CENTRAL STORE
EARTHLlNK INC
101659 08/2512005 004239 FISHER SEHGAL YANEZ INC
101660 08125/2005 007623 FOLLOSCO, GRACE
101661 08/25/2005 002982 FRANCHISE TAX BOARD
101662 08/2512005 003946 G T ENTERTAINMENT
101663 08/25/2005 009155 GARCIA, SINDY
101664 0812512005 009094 GLENEAGLES CORPORATION
101665 08/2512005 000177 GLENNIES OFFICE PRODUCTS
101666 08/2512005 009153 GRACE OF TEMECULA VALLEY
Final Check list
CITY OF TEMECULA
(Continued)
Description
TT Chamber computer supplies
TT Palm side case w/chrg kit
TT Councilmbr phone supplies
TT Phone charger for Council
TT Memory stick for C.Washington
TT Treo Screen Protectors/Pens
TT Council members intemet svcs
July design svcs:Comm.Theater
Design Reimbursements: Comm.Theater
Design Reimbursements: Comm.Theater
Design Reimbursements: Comm.Theater
Design Reimbursements: Comm.Theater
Refund: level 3 Swim lessons
Support Payment Case # 452379267
OJ svcs:EE picnic event
Refund: level 2 Swim lessons
Res Imp Prog: Wallace, Pete & Mary
Office supplies:CIP
Office Supplies:Fire Prev/Stn64
Office Supplies:Bldg & Safety
Office Supplies: TCSD
Office Supplies: Finance
Office Supplies:RDA~low/Mod
Office Supplies: Human Resource
Office Supplies: Sr. Center
Office Supplies: Central Svcs
Office Supplies: Planning
Office Supplies: Info System
Office Supplies: City Mgr
Refund:Picnic Shefter:Harveston Prk
Page: 5
Amount Paid
Check Total
183.11
83.40
64.63
64.62
53.85
33.85
21.95
505.41
4,250.37
295.23
177.09
62.51
22.23
4,807.43
40.00
40.00
75.00
75.00
400.00
400.00
40.00
40.00
3,000.00
3,000.00
1,075.89
911.55
615.99
457.38
368.45
200.07
166.73
129.60
102.66
74.26
32.31
4.36
4,139.27
150.00
150.00
PageS
apChkLst Final Check list Page: 6
08/25/2005 10:48:09AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101667 08/25/2005 009154 HALL, GLADYS Refund: Level 4/5 Swim Lessons 40.00 40.00
101668 08/25/2005 008689 HAWKINS, DENISE Refund:Excursion.Reuben H.Fleet 10.00 10.00
101669 08/25/2005 001135 HEAL THPOINTE MEOICAL July Pre-employment physicals 305.00
July Pre-employment physicals 85.00 390.00
101670 08/25/2005 003106 HERITAGE SECURITY SERVICES Security Officer svcs: 4th of July 3,322.00 3,322.00
101671 08/25/2005 009032 HERTZ EQUIPMENT RENTAL Camm. Theater scissor lift 9,831.13 9,831.13
101672 08/25/2005 004811 HEWLETT PACKARD HP tabU PC & supplies: Info System 7,584.50
HP color lase~et printer:Police 860.92
Computer supplies:Docking Sin 191.80
Computer supplies:Docking SIn 158.39
HP dskjt 6540 printer.Police 128.22 8,923.83
101673 08/25/2005 005748 HODSON, CHERYL A. Support Payment 42.96 42.96
101674 08/25/2005 003198 HOME DEPOT, THE Camm. Theater Ridgid table saw 591.55
Theater ridgid Mitre saw utility vehicle 182.10
Camm. Theater Husky 5 drawer cabinet 182.10
Camm. Theater Husky 8 drawer chest 139.00 1,094.75
101675 08/25/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 8,682.62 8,682.62
101676 08/25/2005 004406 IGOE & COMPANY INC Aug 05 flex benefit plan pmt 294.55 294.55
1016n 08/25/2005 001123 INDUSTRIAL DISTRIBUTION PW mntc supplies:18 Padlocks 233.33
PW mntc supplies: 6-measuring tape 142.77
PW mntc supplies:12 rolls duct tape 106.69 482.79
101678 08/25/2005 001407 INTER VALLEY POOL SUPPLY July Pool sanitizing chemicals 3,476.86 3,476.86
101679 08/25/2005 001186 IRWIN, JOHN TCSD instructor earnings 210.00 210.00
101680 08/25/2005 008001 JOHN NAPIER SOCCER CAMP Refund: Depst for Soccer camp 100.00 100.00
101681 08/25/2005 007671 JONES, MARYL YN TCSD instructor earnings 294.00 294.00
101682 08/25/2005 006750 KB HOME COASTAL, INC. Refund:Permit Ovrpmt:39352 Seraphina 42.99
Relund:Permit Ovrpmt:39158 Shree 22.76 65.75
Page:6
apChkLst
08/25/2005
10:48:09AM
Final Check List
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101683 08/25/2005 009014 KIMOS HAWAIIAN SHAVE ICE
Refreshments:ee picnic event
375.00
375.00
101684 08/25/2005 001282 KNORR SYSTEMS INC
CRC Pool supplies:Valve Shaft
36.30
36.30
101685 08/25/2005 004051 LOR GEOTECHNICAL GROUP
6/27-7/31 Geotech:Wolf Vly Crk Channel
6/27-7/31 Geotech:Pechanga storm drain
5.455.00
442.50
5,897.50
101686 08/25/2005 004412 LEANDER, KERRY O.
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
556.50
465.50
395.50
1,417.50
101687 08/25/2005 000482 LEIGHTON CONSULTING INC 6/2-7/24 Geotech testing:Library
18,880.99
18,880.99
101688 08/25/2005 003286 LIBRARY SYSTEMS & SERVICES July svcs-library system agrmnt
July svcs-library system agrmnt
11,911.49
1,309.60
13,221.09
101689 08/25/2005 004905 LIEBERT, CASSIDY & WHITMORE July HR legal svcs for TE060-#0001
719.00
719.00
101690 06/25/2005 008965 LOWDER, BOB
Entertainment: 8/19 Summer Nights
600.00
600.00
101691 08/25/2005 008610 MeR STAMPS
OJ Svcs: High Hopes Prgm 7/15/05
25.00
25.00
101692 08/25/2005 004772 MMCO AUTO PAINTING &
Fire Prev vehicle repairs
536.53
536.53
101693 08/25/2005 004141 MAINTEX INC
custodial supplies: MPSC
custodial supplies: TCC
custodial supplies: MPSC
custodial supplies: Park Sites
363.95
309.26
283.46
233.28
1,189.95
101694 08/25/2005 001967 MANPOWER TEMPORARY
temp help w/e 07/31 JD/JGlJHlDHlKN
4,372.68
4,372.68
101695 08/25/2005 006488 MANSILLA, NEAL
reimb:Fire Prevo 2C 7/25-29/05
182.84
182.84
101696 08/25/2005 009170 MARCHAND-WAY DEVELOPMENT Refund: permit PA03-0698
3,617.00
3,617.00
101697 08/25/2005 000220 MAURICE PRINTERS INC
graphic design for C1P!AOB covers
734.86
734.86
Page:7
apChkLst
08125/2005
10:48:09AM
Final Check list
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
101698 08/25/2005 001384 MINUTEMAN PRESS
letterhead/envelopes: City Mgr Dept
business cards: Var PW Staff/generic
business cards: B&S Dept (6) Staff
business cards: GW/DUBO
business cards: J. Neuman
business cards: J. Kitchel
business cards: J. Woodland
business cards: R. Nugent
688.52
505.88
332.40
274.47
115.55
43.37
43.37
43.33
2,046.89
101699 08/25/2005 000883 MONTELEONE EXCAVATING
storm damage p~t #16:Long Crk Park
7,150.00
7,150.00
101700 08/25/2005 004490 MUSCO SPORTS LIGHTING INC
Light bulbs: Var Park Sites
2,770.51
2,770.51
101701 08/25/2005 001986 MUZAK -SOUTHERN CALIFORNIA Sep .on.hold' phone music:CIty Hall
124.41
124.41
101702 08125/2005 008528 NICHOLS. MELBURG & ROSETTO Jun consulting svcs: Tem. Civic Center
5,462.50
5,462.50
101703 08/25/2005 008963 NIGERIAN TALKING DRUM
entertainmentCultural Arts Prgm 7/9/05
900.00
900.00
101704 08125/2005 009166 OBLACHINSKI, ROBERT M.
Refund: over payment of fees
24.33
24.33
101705 08/25/2005 003964 OFFICE DEPOT BUSINESS SVS
misc. office supplies: Police Storefront
421.15
421.15
101706 08/25/2005 008240 PABLlTOS SPANISH ACADEMY
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
189.00
94.50
94.50
94.50
472.50
101707 08/25/2005 009165 PACIFIC GROUP
Refund:over payment of permit
158.00
158.00
101708 08/25/2005 006939 PAINT CONNECTION, THE
Res Imp Prgm: Elke Ford
1,044.00
1,044.00
101709 08/25/2005 001958 PERS LONG TERM CARE
PERS Long Term Care Payment
288.55
288.55
101710 08/25/2005 000249 PETTY CASH
Petty Cash Reimbursement
566.74
566.74
101711 08/25/2005 003697 PROJECT DESIGN
6/6-7/10/05 prof svcs: SR 79 medians
51.23
51.23
101712 08/25/2005 005075 PRUDENTIAL OVERALL SUPPLY Jul uniform/floor matltowet rentals:City Facs
923.86
923.86
Page:8
apChkLst
08125/2005
10:48:09AM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
101713 08/25/2005 009171 PRYSTASH, JODI
101714 08/25/2005 004529 QUAID TEMECULA HARLEY-
101715 08/25/2005 004457 R J NOBLE COMPANY
101716 08125/2005 009167 RAMIREZ, SUZANNE
Final Check List
CITY OF TEMECULA
Page: 9
Description
Amount Paid
Check Total
Refund: Skyhawks - Multi.Sport I
138.95
138.95
Jul Police motorcycle repair/maint svcs
2,159.33
2,159.33
Jul prgs #4: Jeff. Pavement Rehab 02-26
5% ret. only to be withheld: Jeff.Rehab
16,452.21
914.00
17,366.21
Refund: Parent N Me Swim Lessons
40.00
40.00
101717 06/25/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters
Aug 01.04.47210.0 T.E.S. Pool
Aug 01-02-98010.0 Fire Stn 84
Aug 01-04-10033-2 Margarita Rd
Aug 01-02-98000-0 Fire Stn 84
101718 08/25/2005 000526 REGENTS OF UNIVERSITY OF
101719 08/25/2005 004498 REPUBLIC ELECTRIC
32,830.43
1,740.95
426.02
49.31
12.12
35,058.83
Urban Studies: 9/21-12114105J.Neuman
395.00
395.00
on.call traffic sgnl mnte svc: Win/Jeff
186.00
186.00
101720 08/25/2005 007402 RrCHARD BRADY & ASSOCIATES Jul dsgn svcs: Maint Fac Expansion
101721 08/25/2005 006483 RICHARDS, TYREOSHA i.
101722 08/25/2005 000352 RIVERSiDE CO ASSESSOR
101723 08/25/2005 000353 RIVERSiDE CO AUDITOR
101724 08/25/2005 000418 RIVERSIDE CO CLERK &
101725 08/25/2005 003587 RIZZO CONSTRUCTION INC
101726 08/25/2005 001097 ROADLlNE PRODUCTS INC
101727 08/25/2005 000873 ROBERTS, RONALD H.
39,265.63
39,265.63
TCSD Instructor Eamings
TCSD Instructor Earnings
TCSD Instructor Eamings
420.00
147.00
24.50
591.50
Assessors maps:Bldg & Safety Dept
48.00
48.00
June 2005 parking citation assessments
2,073.50
2,073.50
Recording fee: DeSilvestro
11.00
11.00
purchase/install refrigerator: Stn 84
replace garage door operator: Fire Stn 84
reeonfigure wrk stn in Council Chambers
7,800.00
1,620.00
150.00
9,570.00
stencil parts & supplies for PW Maint
315.61
315.61
reimb:Exec. Forum 7/27-30/05
71.57
71.57
Page9
apChkLst
08125/2005
10:48:09AM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101728 08/25/2005 000815 ROWLEY, CATHY
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSO Instructor Earnings
TCSO Instructor Earnings
TCSO Instructor Earnings
TCSO Instructor Earnings
TCSO Instructor Earnings
441.00
378.00
378.00
252.00
252.00
189.00
126.00
126.00
70.88
2,212.88
101729 08/25/2005 006365 RUBIN, STEVEN P.
TCSD Instructor Earnings
686.00
686.00
101730 08125/2005 000277 S & S ARTS & CRAFTS INC
Family Fun Nights supplies
57.04
57.04
101731 08/25/2005 001942 S C SIGNS
Jun.Jul sign posting for public
1,785.00
1,785.00
101732 08125/2005 004598 S T K ARCHITECTURE INC
Jul dsgn svcs: Roripaugh Fire Sfn Ph II
1,887.60
1,887.60
101733 08125/2005 008712 SAFE N SECURE GARAGE DOOR Res Imprv Prgm: J. Sampson
645.00
645.00
101734 08/25/2005 008693 SALAZAR, DONALD (SWD 000053) Support Payment
283.50
283.50
101735 08/25/2005 005227 SAN DIEGO COUNTY OF
Support Payment Case # OF099118
25.00
25.00
101736 08/25/2005 009100 SAN DIEGO GUILD
Puppetry Camp @ TCC 818-12/05
1,500.00
1,500.00
101737 08125/2005 006815 SAN DIEGO, COUNTY OF
Support Payment Acct # 581095025
12.50
12.50
101738 08125/2005 004562 SCHIRMER ENGINEERING CORP. Jul plan check svcs: Fire Prev
7,175.00
7,175.00
101739 08/25/2005 009164 SCHRADER, HEIDI Reirnb:Homeland Sec. Wrkshp 8/2-3105
101740 08/25/2005 007660 SEARS ROEBUCK & CO washer & dryer for Community Theater
refrigerator for Cornmunity Theater
101741 08125/2005 007896 SEEDEN, FRANCINE Refund: SMART - Knott's Berry Farm
101742 08/25/2005 009162 SEPULVEDA COMMERICAL DEV. Refund: Trust Account
101743 08/25/2005 006712 SERVEN, RICK Refund: Cartooning w/Bigfoot
790.59
790.59
772.54
593.62
1,366.16
15.00
15.00
185.00
185.00
45.00
45.00
Page:10
apChkLst Final Check List Page: 11
08125/2005 10:48:09AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101744 08/25/2005 006554 SHAFFER, FRED July & Aug performances:Hot Smr Nights 1,125.00 1,125.00
101745 08/25/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 479.37 479.37
101746 08/25/2005 007342 SHUTE, MIHALY & WEINBERGER Jul'051egal services pmt 849.68 849.68
101747 08/25/2005 003804 SKYHAWKS SPORTS ACADEMY TCSD Instructor Earnings 1,638.00 1,638.00
101748 08125/2005 000645 SMART & FINAL INC refreshments: team pace event 8/13/05 379.50
refreshments: Concert/Movie Series 138.79 518.29
101749 08/25/2005 000537 SO CALIF EDISON Jul 2-19-999-9442 various mtrs 1,191.95
Aug 2-23-365-5992 Fire Stn 92 604.84
Aug 2-27-287-5527 various mtrs 118.83
Mar-Jul 2.27-371-8494 Records Mgmt 109.17
Aug 2.21-981-4720 Hwy 79 61.13 2,085.92
101750 08/25/2005 007851 SOUTHCOAST HEATING & AIR HV AC repairs @ Children's Museum 1,037.71
HVAC prev maint: MPSC 320.00
troubleshooting for CRC gym HVAC 157.50 1,515.21
101751 08125/2005 005786 SPRINT Aug Acct Level Chrgs 38.37 38.37
101752 08/25/2005 000293 STADIUM PIZZA refreshments:Jr Lifeguard prgm 8/14/05 168.96 168.96
101753 08125/2005 002366 STEAM SUPERIOR CARPET floor care svcs: var. City sites 840.00
MPSC carpet cleaning 350.00
general maint sves: Maint Fae 112.00 1,302.00
101754 08/2512005 006145 STENO SOLUTIONS Jul transcription srves: Police 1,340.48 1,340.48
.- -----. -.
101755 08/25/2005 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 567.00
TCSD Instructor Earnings 472.50 1,039.50
101756 08/2512005 007698 SWANK MOTIONS PICTURES, "Racing Stripes" rental: movie/pk 8/19 271.00 271.00
101757 08/25/2005 009163 SWANSON, ROBIN Reimb: Recreation Supplies/C. Museum 44.41 44.41
101758 08/25/2005 000305 TARGET BANK BUS CARO SRVCS recreation supplies: SMART Prgm 363.01
recreation supplies:Children's Museum 109.45
recreation supplies; SMART Prgm 22.14 494.60
101759 08/25/2005 004209 TEMECULA SUNRISE ROTARY Jul-Sep Bus Bench Placement & Maint 3,000.00 3,000.00
Page:11
apChklst Final Check list Page: 12
08125/2005 10:48:09AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101760 08/25/2005 004274 TEMECULA VALLEY SECURITY Youth League Keys 93.47 93.47
101761 08/25/2005 000919 TEMECULA VALLEY UNIFIED Chaparral pool maint & operation expense 28,863.89 28,663.89
101762 08/25/2005 005994 TERRY'S VILLAGE recogn awards for paradelhol.tights 107.48 107.48
101763 08/25/2005 003858 TOM RONEY ROOFING Res Imp Prgrn: Cohen, Philip and Lynn 3,000.00 3,000.00
101764 08/25/2005 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 130.20
TCSD Instructor Earnings 42.00 172.20
101765 08/25/2005 008125 TOTTEN, MICHELLE, M. TCSD Instructor Earnings 105.00
TCSD Instructor Earnings 105.00
TCSD Instructor Earnings 52.50 262.50
101766 08/25/2005 007433 TOVEY SHULTZ CONSTRUCTiON Jul prgs #4: Aoripaugh Fire Stn PW03-01 229,119.15 229,119.15
101767 08/25/2005 007118 US TELPACIFIC CORPORATION Aug Internet IP Addresses Block 545.88 545.88
101768 08/25/2005 000325 UNITED WAY United Way Charities Payment 223.65 223.65
101769 08/25/2005 000854 URBAN LAND INSTITUTE 10/01/05-9/30/06 mbrshp: G.T. 35248 190.00 190.00
101nO 08125/2005 004261 VERIZON Aug xxx-S072 general usage 4,835.72
Aug xxx-0074 general usage 269.20
Aug xxx-0073 general usage 216.88
Aug xxx-1473 Police Storefront 76.19
Aug xxx-3564 alarm 56.61
Aug xxx-5473 Moraga Rd 34.58
Aug xxx-3984 M. Naggar 28.30
Aug xxx-8573 general usage 28.30
Aug xxx-6084 general usage 27.79 5,573.57
101771 08/25/2005 004261 VERIZON xxx-6620 Harveston Park 68.11 68.11
101772 08/25/2005 004848 VERIZON SELECT SERVICES INC Aug long distance phone svcs 866.59
Aug long distance phone svcs 5.65 872.24
101773 08/25/2005 009031 VYLANI'S POLYNESIAN DANCERS performance: team pace luau 8/13/05 400.00 400.00
101774 08/25/2005 009168 WATSON, MELANIE Refund: Middle School Dances 12.00 12.00
Page:12
apChklst
08125/2005
10:48:09AM
Final Check list
CITY OF TEMECULA
Page: 13
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
101775 08/25/2005 003730 WEST COAST ARBORISTS INC
7/16~31/05 var City loe tree/stump
1,334.00
1,334.00
101776 08/25/2005 008316 WESTSIDE SELF STORAGE
Sep off.site storage:Records Mgmt
1,000.00
1,000.00
101777 08/25/2005 001544 YEAGER SKANSKA INC
Jul prgs #15: Storm Drain Imp PW99.11SD
2,884.95
2,884.95
Grand total for UNION BANK OF CALIFORNIA:
977,077.33
Page:13
apChkLst Final Check List Page: 1
09/01/2005 10:43:27AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
560 08/29/2005 005460 U S BANK CFD 88-12 Debt Service pmt 1,148,772.33 1,148,772.33
101779 09/0112005 009098 8 BRIGHT 10EAS LLC TCSD instructor earnings 140.00 140.00
101780 09/0112005 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 37.76 37.76
101781 09/0112005 008552 ADKINS DESIGN CONSULTING Community Theater togo designs 2,958.68 2,958.68
101782 09/01/2005 006915 ALLIE'S PARTY EQUIPMENT Chair rental:8/22 Summer Nights 333.90
Canopy rental:8/22 Summer Nights 230.86
Canopy rental:8/15 Summer Nights 230.86
EE picnic rentat equip: 8/13/05 139.80 935.42
101783 09/01/2005 002877 ALTA LOMA CHARTER LINES day camp excursion bus to S.D.Zoo 2,105.25
day camp excursion bus to Legoland 1,984.95
day camp excursion bus to Castle Prk 1,672.17
day camp excursion bus to Pharoah's 1,166.91
day camp excursion bus to Mulligan's 505.26
day camp excursion bus to C.Museum 431.08
day camp excursion bus to Movie Exp. 427.07 8,292.69
101784 09/01/2005 000747 AMERICAN PLANNING Membership: C.Kitzerow 123672 230.00 230.00
.---- ----
101785 09/01/2005 008279 AMERICOMP INFOSYSTEMS INC 2-Flat screen monitor:PW counter 867.23 867.23
101786 09/0112005 000101 APPLE ONE INC Temp help PPE 8/20 Bryant 540.00
Temp help PPE 8/20 Shelton 540.00 1,080.00
101787 09/01/2005 001323 ARROWHEAD WATER INC Bottled wtr sves @ City Hall 298.92
Bottled wtr svcs @ Mntc Fac 232.54
Bottled wtr svcs @ CHS pool 217.95
Bottled wtr svcs @ CRC 204.04
Bottled wtr svcs @ TES Pool 156.97
Bottled wtr svcs @ CHS pool 113.04
Bottled wtr svcs @ T.Museum 69.15
Bottled wtr svcs @ SMART prgm 60.05
Bottled wtr svcs @ TES pool 50.27
Bottled wtr svcs @ City Hall 39.86
Bottled wtr svcs @ C.Museum 39.84
Bottled wtr svcs @ TCC 35.16
Bottled wtr svcs @ Skate Park 17.02 1,534.81
101788 09/01/2005 002648 AUTO CLUB OF SOUTHERN Membership: Juan Jaime 82822462 46.00 46.00
Page:1
apChkLst Final Check List Page: 2
09/01/2005 10:43:27AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101789 09/01/2005 009182 BATTEN,OARLENE Refund: Teen Excursion:RagingWtrs 30.00 30.00
101790 09/01/2005 009179 BERRY, R. & FRANCES Refund: Grading depst:41965 Calle Cedral 995.00 995.00
101791 09/01/2005 004262 BIO-TOX LABORATORIES July OUI Drug & Alcohol Screening 417.12
Jun DUI Drug & Alcohol Screening 66.73 483.85
101792 09/01/2005 009029 BOAT DEPOT INC Utility boat for Harveston lake maint. 5,621.32 5,621.32
101793 09/01/2005 008780 BYROM-DAVEY INC Jul:Sprts Cmplx Synthetic Turf P~t 546,615.00 546,615.00
101794 09/0112005 006908 C C & COMPANY INC Entertainment:81S-26 Summer Nights 500.00 500.00
101795 09/01/2005 005384 CALIF BAGEL BAKERY & DELI Refreshments:Council closed session 195.30 195.30
101796 09/01/2005 008613 CALIF BANK & TRUST Rei Retention Esrw 2160075819 Wolf erk 89,383.44 89,383.44
101797 09/01/2005 004248 CALIF DEPT OF JUSTICE- Jan 05 Dui Drug/Alcohol TestinG 2,100.00
Feb 05 Dui Drug/Alcohol Testing 1,715.00
Mar 05 Dui Drug/Alcohol Testing 1,680.00
Oct 04 Qui Drug/Alcohol Testing 945.00
Credit Oct 04 Dui Drug/Alcohol Testing -70.00
CreditDec/Feb Dui Drug/Alcohol Testing .105.00
CreditFeb 05 Dui Drug/Alcohol Testing -140.00
Credit Mar 05 Dui Drug/Alcohol Testing -140.00 5,985.00
101798 09/01/2005 000387 CAREER TRACK SEMINARS Regist:Managing Pressure:11/16:MH 149.00 149.00
101799 09/01/2005 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 82.30 82.30
101800 09/01/2005 009028 COMMUNICATIONS USA INC 5 frequencies FCC licenses for 10 yrs 600.00 600.00
101801 09/01/2005 008594 COMMUNITY BANK ReI/Escrow 280000256: Win.Widening 31,498.15 31,498.15
101802 09/01/2005 001193 COMP USA INC Computer supplies:Access pVpwr adptr 581.75 581.75
101803 09/01/2005 000442 COMPUTER ALERT SYSTEMS Install DMP control panel @ TCC SOO.OO SOO.OO
101804 09/01/2005 006954 CRAFTSMEN PLUMBING & HVAC Repair CRC broken main wtr line 665.78
Clean pool drain @ TES pool 130.00 795.78
Page2
apChkLst Final Check List Page: 3
09/01/2005 10:43:27AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101805 09/01/2005 005925 CYGNUS EXPOSITIONS Fire House Ann'l Cf:2119-23:Windsor 375.00 375.00
101806 09/01/2005 009183 DOMINGO, AURORA Refund: Ballroom Dances:TCC 19.00 19.00
101807 09/0112005 001669 OUNN EDWARDS CORPORATION Supplies for graffiti removal 150.01
Supplies for graffiti removal 43.19 193.20
101808 09/01/2005 004990 ELEMENT K JOURNALS Inside Web Design:12 issues 152.00
Inside MS Frontpage:12 issues 107.00 259.00
101809 09/01/2005 001056 EXCEL LANDSCAPE July mnte sves: Sports Park 40,986.00
July mnte sves: South Slopes 31,361.00
July mnte sves: North Slopes 23,071.00
July mnte svcs: Medians 9,298.00
July mntc svcs:City's FaclCRC 6,886.00
July Idsep impr:Sports Park 892.43
July Idsep impr: Campos Verdes 409.51
July Idsep impr:Comm. Fae. 284.98
July Idsep impr:Paloma del Sol 101.90 113,290.82
101810 09/0112005 000478 FAST SIGNS HalVeston amphitheater concert sign 150.20 150.20
101811 09/0112005 000165 FEOERALEXPRESSINC Express mail selViees 207.65 207.65
101812 09/01/2005 003347 FIRST BANKCARD CENTER
007409 OLD TOWN DINING LLC DU Refrshmnts;Planning Comm Mtg 161.08
004883 CONSULTING ENGINEERS & DU Book:Ceqa Guidelines 44.76 205.84
101813 09/01/2005 009097 FULL COMPASS SYSTEMS Lighting & I0J equip:Comm.Theater 1,165.15
Lighting & I0J equip:Comm.Theater 920.70 2,085.85
101814 09/01/2005 003946 G T ENTERTAINMENT 8/18 Karaoke night MC svcs 150.00 150.00
101815 09/01/2005 009180 GOETTING, JEFFREY B. Refund: Grading Dpst: 31191 Kahwea Rd 995.00 995.00
101816 09/01/2005 005947 GOLDEN STATE OVERNIGHT Express Mail SelViee:FirefTheater 78.95 78.95
101817 09/01/2005 008361 GRAPE STOMPERS sa DANCE TCSD instructor earnings 301.00
TCSD instructor earnings 107.80 408.80
101818 09/01/2005 004133 H 0 L SOFTWARE LLC FY 04105 CAFR reports package 250.00 250.00
101819 09/0112005 003299 HAYES, BARNEY A. 8/26 Performers: Hot Summer Nights 400.00 400.00
Page:3
apChkLst Final Check List Page: 4
09101/2005 10:43:27 AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101820 09/01/2005 001135 HEAL THPOINTE MEDICAL July Pre.employment physicals 160.00 160.00
101821 09/01/2005 004811 HEWLETT PACKARD HP Deskjet mobile printers:flre dept 648.66 648.66
101822 09/01/2005 009184 HORVATH, MARGIT Refund:2- Teen Excursion:Raging Wtrs 60.00 60.00
101823 09/01/2005 004525 HUMANSCALE CORPORATION PW flat screen monitor swival ann 303.99 303.99
101824 09/0112005 003046 KF ROG 95.1 FM RADIO Hot Summer Nights Broadcasting 750.00 750.00
101825 09/01/2005 002424 KELLEY DISPLAY INC Car Show Banners cleaning/storage 2,622.40
Race for Cure Banners date chg/storge 1,561.96
Grape Banners cleanin!istorage 401.62
Number 22 Banners cleaning/storage 289.26
Race for Cure Banners cleaning 16.00
Credit: ovrchged sales tax -15.50 4,875.74
101826 09/01/2005 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 1,176.00
TCSD instructor earnings 1,071.00
TCSD instructor earnings 1,008.00
TCSD instructor earnings 784.00
TCSD instructor earnings 616.00
TCSD instructor earnings 504.00
TCSD instructor earnings 336.00
TCSD instructor earnings 224.00 5,719.00
101827 09/01/2005 000488 KNOTTS BERRY FARM SMART excursion admission tickets 657.50 657.50
101828 09/01/2005 001719 LPAINC July Prof Svcs:Public Library Project 3,945.82 3,945.82
101829 09/01/2005 004174 LIGHT IMPRESSIONS T.Museum exhibit supplies 180.69 180.69
101830 09/0112005 009181 LIGHTHOUSE ASSEMBLY OF Refund: Security Depst:Amphitheater 150.00 150.00
101831 09/01/2005 003782 MAIN STREET SIGNS sign hardware for PW Maint Crews 2,068.80 2,068.80
Page:4
apChkLst
09/0112005
10:43:27 AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
101832 09/0112005 004068 MANALlLI, AILEEN
101833 09/01/2005 009190 MARTINEZ, MONICA
101834 09/01/2005 002693 MATROS, ANDREA
101835 09/01/2005 000220 MAURICE PRINTERS INC
101836 09/01/2005 006571 MELODY'S AD WORKS
101837 09/01/2005 008555 MERCURY INSURANCE
101838 09/01/2005 007210 MIDORI GARDENS
101839 09/0112005 001384 MINUTEMAN PRESS
101840 09/01/2005 004534 MOBILE SATELLITE VENTURES
101841 09/01/2005 006146 MT SAN JACINTO COMMUNITY
Final Check List
CITY OF TEMECULA
(Continued)
Description
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TGSD Instructor Earnings
TCSD Instructor Earnings
TGSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
Refund: Creative Beginnings
TCSD Instructor Earnings
TCSD Instructor Earnings
assembly CD p~t for Econ Development
invitations for Commissioner recogn
relmb expenses: Hot Summer Nights
relmb exp: Hot Smr Nights/Antique St
release claims agreement payment
Julldscp maint: Neighborhood Parks
Julldscp maint svcs: var. park sites
landscape maint: Reclhawk Park
Julldscp maint: TVHS Tennis Courts
Landscape malnt: Vail Ranch Park, stn 9
Landscape maint: John Magee
landscape maint: Rotary Park, stn 1
Landscape maint: Veterans Park, stn 14-5
landscape maint: Reclhawk Park
Black Print Letterhead for Human
Letterhead for Human Resources
Sep EOC Stn Satellite Phone Svcs
Jul EOC Stn Satellite Phone Svcs
Aug EOG Stn Satellite Phone Svcs
Recycled Water: K.Harrington 9/13/05
10t842 09/01/2005 001986 MUZAK -SOUTHERN CALIFORNIA Sep music broadcast:Old Town
Page: 5
Amount Paid
Check Total
341.25
236.25
203.00
144.38
113.75
78.75
35.00
28.00
21.00
7.00
7.00
1,215.38
86.00
86.00
315.00
147.00
462.00
1.293.00
131.46
1,424.46
309.70
199.97
509.67
2,490.46
2,490.46
34,300.00
11,339.00
1,135.72
590.00
296.82
265.41
210.74
181.12
115.60
48,434.41
641.11
425.61
1,066.72
71.89
71.25
71.08
214.22
60.00
60.00
69.11
69.11
PageS
apChkLst Final Check List Page: 6
09/01/2005 10:43:27 AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101843 09/01/2005 002925 NAPA AUTO PARTS equip parts & supplies for PW Maint 15.12
equip parts & supplies for PW Maint 10.76 25.88
101844 09/01/2005 000727 NATIONAL FIRE PROTECTION annual membership: Steve Faris 135.00 135.00
101845 09/01/2005 000233 NELSON, SHAWN reimb:8/20-9/19 internet svcs 45.95 45.95
101846 09/01/2005 003964 OFFICE DEPOT BUSINESS SVS misc. office supplies: P.O. a.T. SIn 14.44 14.44
101847 09/01/2005 006721 OFFICEMAX - A BOISE COMPANY Mise Office Supplies: Finance 162.37
City Hall Space Plan Modifications 46.55
Mise Office Supplies: Finance 39.98
mise office supplies: Finance 3.33
Credit: item returned/Finance -3.33 248.90
101848 09/01/2005 002105 OLO TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 754.17
City Vehicle Repair/Maint Svcs 688.42
City Vehicle Repair/Maint Svcs 445.48
City Vehicle Repair/Maint Svcs 127.33
City Vehicle Repair/Maint Svcs 78.70 2,094.10
101849 09/01/2005 001619 ORANGE COUNTY REGISTER INC Aug recruit ads: PWfTCSD/ISlB&SlPln 895.90 895.90
101850 09/01/2005 001171 ORIENTAL TRADING COMPANY Mise Recreation SuppUes:Teen Prgms 99.06 99.06
101851 09/01/2005 009172 P & R FOUNDATION spnsrshp Rock N Rod Run 3111-12/06 11,475.00 11,475.00
101852 09/01/2005 002099 PASCOE MANAGEMENT LLP Jul restroom lease:Old Town 826.00
Aug restroom lease:Old Town 826.00 1,652.00
101853 09/0112005 002652 PAT & OSCARS RESTAURANT refreshments: mid-mgmt team mtg 9/8/05 310.65 310.65
101854 09/01/2005 003218 PELA Jul plan check svcs: Planning 9.215.00 9,215.00
101855 09/0112005 005202 PENFOLD, LADD L. Refund:Eng Deposit 42072 5th Street 995.00 995.00
101856 09/0112005 000249 PETTY CASH Petty Cash Reimbursement 411.53 411.53
101857 09/01/2005 003362 PHAROAHS LOST KINGDOM Summer Day Camp excursion: 8/18/05 920.49 920.49
101858 09/01/2005 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 484.31 484.31
Page:6
apChkLst
09/01/2005
10:43:27 AM
Final Check List
CtTY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101859 09/01/2005 005939 POMMER, APRIL I.
TCSD Instructor Earnings
91.00
91.00
101860 09/0112005 009026 PROCHNOW, SILVIA
Refund: Woodworking Bus 1144.203
36.00
36.00
101861 09/01/2005 003697 PROJECT DESIGN
Design srvcs:Pavement Rehab prgm
7,532.67
7,532.67
101862 09/01/2005 002012 R D 0 EQUIPMENT COMPANY
PW backhoe equip parts/repairs/svcs
PW backhoe equip partslrepairslsvcs
86.46
14.62
101.08
101863 09/01/2005 004029 R J M DESIGN GROUP INC
Jun Dsgn Svcs: P.B. Sports Complex
8,279.00
8,279.00
101864 09/01/2005 003965 RAINBOW PRECISION
slope pump & motor: Rancho Highlands
1,068.88
1,068.88
101865 09/01/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters
Aug 01-08.38009-0 Fire Stn 92
2,659.18
78.73
2,737.91
101866 09/01/2005 007817 RCM CAPITAL PARTNERS
Refund:Eng Deposit 26459 O.T. Frnt 51
995.00
995.00
101867 09/01/2005 004584 REGENCY LIGHTING
electrical supplies:var park sites
228.60
228.60
101868 09/01/2005 002110 RENTAL SERVICE
Equipment rental for PW Maint Div
682.20
682.20
101869 09/01/2005 002412 RICHARDS WATSON & GERSHON Jul20051egal services
92,671.41
92,671.41
101870 09/0112005 009189 RIVAS, SONIA
Refund: Picnic/Meadows Park
43.00
43.00
101871 09/0112005 000418 RIVERSIDE CO CLERK &
Ntclexemption filing fee: 798 Median Imp
64.00
64.00
101872 09/01/2005 000418 RIVERSIDE CO CLERK &
Jun release & copy fees:PW/Finance
14.00
14.00
101873 09/01/2005 000406 RIVERSIDE CO SHERIFFS OEPT Jul '05 Booking Fees
7,617.60
7,617.60
101874 09/01/2005 002181 RIVERSIDE CONSTRUCTION Jul Prgs #8: WlncheslerWidening PWOO.27
283,483.35
283,483.35
101875 09/01/2005 003587 RIZZO CONSTRUCTION lNC refrigerator repairs @ Fire Stn 84
204.00
204.00
101876 09/01/2005 007830 ROAD BUILDERS INC Jul Prgs #13: Storm Drain Imprv 99-11ch
Credit: CO# 9 not authorized
692,286.27
-1,998.00
690,288.27
Page:?
apChkLst Final Check list Page: 8
09101/2005 10:43:27AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101877 09/01/2005 001309 RUSE, PHYLLIS reimb:Trash Diversion Rate Hearing 8/8.9 105.26 105.26
101878 09/01/2005 001942 S C SIGNS Jut public nte postings: City Clerk 600.00 600.00
101879 09/01/2005 004598 S T K ARCHITECTURE INC Jul Dsgn Svcs: Wolf Creek Fire Stn 4,193.48 4,193.48
101880 09/01/2005 002285 SCANTRON CORPORATION Scantran forms: PW Land Dev 1,387.54 1,387.54
101881 09/01/2005 003492 SCHOLASTIC SPORTS Sports Prgm Ads for Tern. High Schools 300.00 300.00
101882 09/01/2005 004609 SHREOFORCEINC Aug doc shredding svcs: Records Mgmt 110.00
Aug doc shredding svcs: Police 32.50 142.50
101883 09/0112005 003804 SKYHAWKS SPORTS ACADEMY TCSD Instructor Eamings 991.20 991.20
101884 09/0112005 000645 SMART & FINAL INC Refreshments: Cultural Arts Pgnn 111.31 111.31
101885 09/01/2005 003477 SMITH, BARBARA reimb:CIWMB Hearing mtg 7/25/05 77.48
reimb:Trash Diversion Rate Hearing 8/8. 72.93 150.41
101886 09/01/2005 002718 SO CALIF CITY CLERKS ASSN General mtg: S. Jones/G. Flores 9/23/05 70.00 70.00
101887 0910112005 000537 SO CALIF EDISON Aug 2-00-397-5042 Ctty Hall 9,163.94
Aug 2-02-502.60n Maint Fac 2,682.71
Aug 2-02-351-4946 MPSC 2,067.63
Aug 2-18-937-3152 T. Museum 1,579.90
Aug 2-00-397.5067 various mtrs 863.88
Aug 2-20-817-9929 P.D. O.T. Sin 522.09
Aug 2-11-007..Q455 6th Street 352.70
Aug 2-22.891-0550 various mtrs 334.24
Aug 2.21.911-1892 O.T. S.Side Prk Lot 145.27
Aug 2.19-171'8568 Wedding Chpl 103.35
Aug 2-14-204-1615 Front St Radio 55.35
Aug 2.18.528-9980 Santiago Rd 42.23
Aug 2-27-371-8494 Winchester Unit E 22.07 17,935.36
101888 09/0112005 000926 SO CALIF EDISON Install Undrgmd Utilities: V.R.B.BaIl 949.65 949.65
101889 09/0112005 001212 SO CALIF GAS COMPANY Aug 095-167.7907.2 Fire Stn 84 118.26 118.26
Page8
apChkLst Final Check List Page: 9
09/01/2005 10:43:27 AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101890 09/0112005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: various park sites 351.00
pest control svcs: Fire Stn 92 42.00
pest control svcs: Maint Fac 40.00
pest control svcs: C. Museum 36.00
pest control svcs: MPSC 29.00 498.00
101891 09/01/2005 009186 SOUTHARD, JENNIFER Refund: Model Boat Building 45.00 45.00
101892 09/01/2005 007851 SOUTHCOAST HEATING & AIR HVAC prev maint:tcclt.muslc.mus/stn 92 450.00 450.00
101893 09/0112005 000293 STADIUM PIZZA refresllments for SMART prgm: 8/18/05 58.08 58.08
101894 09/0112005 009188 STERBINSKY, MARCELA Refund: PicniclHarveston Community Park 55.00 55.00
101895 09/01/2005 004247 STERICYCLE INC medical waste disposal svcs: Paramedics 113.14 113.14
101896 09/01/2005 000305 TARGET BANK BUS CARD SRVeS Summer Day Camp Supplies 58.47
Summer Day Camp supplies 8.45 66.92
101897 09/01/2005 006465 TEMECULA AUTO REPAIR Fire Prev vehicle repair/maint svcs 226.80
Code Enforc. vehicle repair/maint svcs 148.96 375.76
101898 09/0112005 005412 TEMECULA GARDEN & POWER equip repairs & parts for PW Maint 156.10 156.10
101899 09/01/2005 000515 TEMECULA VALLEY CHAMBER SW Legislative Summit '05: D.HiIlberg 35.00 35.00
101900 09/01/2005 004274 TEMECULA VALLEY SECURITY Cabinet for the Community Theater 118.32 118.32
101901 09/01/2005 003140 TEMECULA VALLEY TCSD Instructor Earnings 403.20
-.-.-..-..- -
TCSD Instructor Earnings 369.60
TCSD Instructor Earnings 302.40
TCSD Instructor Earnings 302.40
TCSD Instructor Earnings 201.60
TCSD Instructor Earnings 134.40
TCSD Instructor Earnings 134.40 1,848.00
101902 09/01/2005 008726 TERREFORTE, ELVIA G. Refund: teen excursion - Raging Waters 30.00 30.00
101903 09/0112005 007433 TOVEY SHULTZ CONSTRUCTION Jul prgs prnt #18: Community Thtr 02-23 718,561.81
release stp ntc: Retrofit/Cornm. Thtr 17.468.00
stop notice:Retrofit Svc CoiComm. Thtr -17.468.00 718,561.81
101904 09/01/2005 007709 TOYOTA OF TEMECULA VALLEY Refund:Eng Deposit 41902 Mtr Car Pkwy 995.00 995.00
PageS
apChkLst
09/01/2005
10:43:27AM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(COntinued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101905 09/0112005 006192 TRISTAFF GROUP
temp help w/e 07/31 tblpd/mdlhg/ks/aw
347.75
347.75
101906 09/01/2005 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Eamings
TCSD Instructor Earnings
TCSD Instructor Eamings
TCSD Instructor Eamings
445.20
394.62
371.00
231.00
77.00
77.00
1,595.82
101907 09/01/2005 005460 US BANK
Trustee admin fees:CFD 88-12
3,300.00
3,300.00
101908 09/01/2005 005315 VAllE, NADINE ACOSTA
Refund: See Deposit CRC
150.00
150.00
101909 09/01/2005 004261 VERIZON
Aug xxx-2016 reverse 911
Aug xxx-9897 general usage
Aug xxx.3526 Fire Alarm
Aug xxx-5275 P.O. DSL
Aug xxx-2676 general usage
109.61
90.56
84.91
29.26
28.30
342.64
101910 09/0112005 004789 VERIZON ONLINE
Internet svcslEOC backup @ stn 84
Aug Internet svcslPolice Storefront
credit P.D. DSL
Credit: Stn 84 Svcs Canceled Eff 8/16/05
72.70
42.70
.0.24
.36.35
78.81
101911 09/01/2005 009187 VilLANUEVA, KEllY
Refund: Tiny Tots- Fab 4 & 5's
59.00
59.00
101912 09/01/2005 009185 WALTON, RON Reimb: Fae lmprv Prgm: Texas Lil's
20,000.00
20,000.00
101913 09/01/2005 000339 WEST PUBLISHING CORP Jul-Aug City Hall Judicial Updates
239.19
239.19
101914 09/0112005 005706 WESTERN PACIFIC SIGNAL LlC 2 intersections equip:RedhawkN.Ranch
21,517.68
21,517.68
101915 09/0112005 005249 WINSLOW, MICHELLE Refund:teen excur-Raging Waters/Brittany
Refund:teen excur-Raging Waters/Kelsey
30.00
30.00
60.00
101916 09/0112005 001544 YEAGER SKANSKA INC
rei ret. to 5% retention withheld:Storm
credit retention @ 5% balance:Storm Dm
136,674.93
-144.26
136,530.67
101917 09/01/2005 005195 ZOOLOGICAL SOCIETY
Summer Day Camp excursion: Zoo 8/11
1,626.75
1,626.75
G,and lolallo, UNION BANK OF CALIFORNIA:
4,105,003.34
Page:l0
ITEM 4
APPROVAL
CITY ATTORNEY '--&J~_
DIRECTOR OF FI~E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
September 13, 2005
SUBJECT:
City Treasurer's Report as of July 31, 2005
PREPARED BY:
Karin Grance, Revenue Manage~'
Shannon Domenigoni, Accounta ~
That the City Council receive and file the City Treasurer's Report as of
RECOMMENDATION:
July 31, 2005.
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 July 31, 2005.
FISCAL IMPACT:
None
Attachments:
City Treasurer's Report as of July 31, 2005
Cash Activity for the Month of July :
Cash and Investments as of July 1,2005
Cash Receipts
Cash Disbursements
Cash and Investments as of July 31, 2005
C&"ih and Invesbnmts Portfolio:
Type of Investment
General Checking
Flex Beneftt Demand Deposits
Checking Account - Parking Citations
Local Agency Investment Fund
Certiftcate of Deposit - Retention Escrow
Certificate of Deposit . Retention Escrow
Certificate of Deposit - Retention Escrow
Petty Cash
Federal Agency- 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
Federal Agency- Callable
Federal Agency- Bullet
Federal Agency- Callable
Federal Agency- Callable DN
Federal Agency- Callable DN
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
BondFund- CFD 88.12
(Money Market Account)
Delinquency Mamtenance Account- CFD 88-12
(Investment Agreement)
Delinquency Maintenance Account - CFD 88-12
(Money Market Account)
Reserve Fund - CFD 88-12
(Investment Agreement)
Reserve Fund - 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 Market Account)
Improvement Fund . CFD 01-2
(Money Market Acc01mt)
Special Tax Fund - CFD 03-1
(Money Market fu:count)
Bond Fund. CFD 03-1
(Money Market Account)
Capital Interest Fund - CFD 03-1
(Money Market Account)
Reserve Fund - CFD 03-1
(Investment Agreement)
Reserve Fund - CFD 03-1
(Investment Agreement)
city ofTemernIa
City Treasurer's Report
As of July 31, 2005
Institution
Union Bank
Union Bank
Union Bank
State Treasurer-LAIF
Community National Bank
California Bank & Trust
Bank of Sacramento
City Hall
Federal Farms Credit Bank
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Bank- BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank - BDS
FederalHome Loan Bank - BDS
Federal Home Loan Bank- BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank- BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank - BDS
Federal Home Loan Mortgage Co
Federal Home Loan Mortgage Co
Federal Home Loan Mortgage Co
Federal Home Loan Mortgage Co
FederalNational Mortgage Assoc.
U.S. Bank (First Am. Treasury)
cnCIIXIS Funding Corp
u.s. Bank (First Am. Treasury)
cnCIIXIS Funding Corp
u.s. Bank (First Am. Treasury)
u.s. Bank (First Am. Treasury)
u.s. Bank (First Am. Treasury)
U.s. Bank (First Am. Treasury)
U.s. Bank (First Am. Treasury)
U.s. Bank (First Am. Treasury)
u.s. Bank (First Am. Treasury)
u.s. Bank (First Am. Treasury)
u.s. Bank (First Am. Treasury)
Aig Match Fed Corp Ref
U.s. Bank (First Am. Treasury)
y;cl,j
n/.
nI.
nI.
3.083 %
n/.
nI.
nI.
nI.
3.820%
1.885%
2.500 %
3.000%
3.000%
3.000 %
3.070 %
3.100%
3.125 %
3.150 %
3.300 %
3.520%
3.785 %
3.850 %
2.250 %
3.500 %
2.000 %
3.150 %
4.050 %
4.000 %
2.620 %
5.430 %
2.620 %
5.430 %
2.390 %
2.620 %
2.620 %
2.620 %
2.620 %
2.620 %
2.620 %
2.620 %
2.630 %
4.830 %
2.620 %
Page 1
Purchase
D.te
Maturity/
Termination
D.te
Market
Value
06/0112005 06/0112007 993,440
06/2612003 0112312006 990,310
00/1612003 08/1412006 1,966,880
03/1012004 0110712008 2,848,268
0312512004 0112212008 1,940,000
03/1012004 1212812007 3,883,160
03/1112004 01/1512008 1,943,120
03/1 012004 0110812008 2,961,000
03/1912004 0111612008 913,130
03/16/2004 01114/2008 913,150
0212312005 02/28/2006 996,250
04/02/2004 0113012008 1,963,120
0310412005 1212812006 994,690
03/0412005 0312312001 992,810
0612612003 0712412006 981,880
06/1512005 12/1512006 1,990,620
06/0612003 0613012006 981,110
03/0412005 0810312001 990,700
OS/2312005 0912412001 993,130
03/0412005 04/0512001 996,250
09/0112011
0910112011
$
131,041,167
11,480,346
(11,963,400)
136,558,113
$
ParlBook
Balance @ 07131/05
1,153,940 (1)
3,951 (1)
4,600
59,561,941 (2)
113,184
408,961
95,804
$ 1,500
1,000,000
981,500
1,915,620
2,852,894
1,951,260
3,907,520
1,956,880
2,988,054
980,000
980,940
1,000,000
1,983,160
1,000,000
1,000,000
983,150
2,000,000
919,800
1,000,000
1,000,000
1,000,000
171
500,000
596,153
1,531,468
2
1,112,131
149,123
1,662
133,346
2,836,863
496,617
20,188
32
863,900
4
city of Temewla
city 'I.'reasurer's Report
As of July 31, 2005
city Improvement Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
city Improvement Fund - CFD 03-1 Stale Treasurer-LAIF 3.083 %
(Local Agency btvestment Fund)
Cal Trans Improvement Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Cal Trans Improvement Fund - CFD 03-1 State Treasurer-LAIF 3.083 %
(Local Agency btvestment Fund)
Acquisition Account Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Acquisition Account Fund - CFD 03-1 State Treasurer-LAJF 3.083 %
(Local Agency Investment Fund)
Special Tax Fund - CFD 03-03 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Bond Fund - CFD 03-3 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
CapitalInterestFund- CFD 03-3 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Capital Interest Fund. CFD 03-3 State Treasurer-LAIF 3.083 %
(Local Agency Investment Fund)
Reserve Fund - CFD 03-3 CDCIIXIS Funding Corp 3.000 %
(Investment Agreement)
Reserve Fund - CFD 03.3 U.S. Bank (First Am. Treasury) 2.610 %
(Money Market Account)
City Improvement Fund - CFD 03-3 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
City Improvement Fund. CFD 03-3 State Treasurer-LAIF 3.083 %
(Local Agency Investment Fund)
EMWD Improvement Fund - CFD 03-3 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
EMWD Improvement Fund - CFD 03-3 State Treasurer-LAIF 3.083 %
(Local Agency Investment Fund)
Acquisition Account Fund - CFD 03-3 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Acquisition Account Fund - CFD 03-3 State Treasurer-LAIF 3.083 %
(Local Agency Investment Fund)
Capital Interest Fund - CFD 03-06 U.S. Bank (First Am Treasury) 2.620 %
(Money Market Account)
Reserve Fund - CFD 03-06 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
City Improvement Fund - CFD 03-06 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Redemption Fund - AD 03-04 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Admin Expense Fund - AD 03-4 U.S. Bank (First Am. Trea!>1lry) 2.620 %
(Money Market Account)
Reserve Fund. AD 03-04 U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Interest Account - RDA TABs U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Reserve Account - RDA TABs MBIA SUrety Bond n/.
(Surety Bond)
Installment Payment Fund - TCSD COPs U.S. Bank (First Am. Treasury) 2.620 %
(Money Market Account)
Project Fund - TCSD COPs U.S. Bank (First Am. Trea!>1lry) 2.620 %
(Money Market Account)
Project Fund - TCSD COPs State Treasurer-LAIF 3.083 %
(Local Agency Investment Fund)
749
975,308
513,679
6,057
93.
1,304,861
1,247,656
43,977
7,013
12
08131t2034 2,171,120
7
342
7,365,227
2,995
3,723,693
10,097
10,173,770
127,810
342,555
3,878,439
65,763
15,422
101,382
1,095,533
382
453
1,060,348
$ 136,558,113
(I)-This amount is net of outstanding checks.
(2)-A1July 31,2005 total market value (including accrued interest) for the Local Agenl.jl Investment Fund (LAIF) was $52,759,414,287.
The City's proportianate share of that value is $59,427,781.
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.
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300
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476
CITY OF TEMECULA
CASH AND INVESTMENT REPORT
JULY 2005
GENERAL FUND
STATE GAS TAX FUND
STATE TRANSPORTATION FUND
DEVELOPMENT IMPACT FUND
COMMUNITY DEV BLOCK GRANT
AB 2766 FUND
AB 3229 COPS
RDA DEV LOW/MOD 20% SET ASIDE
MEASURE A FUND
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL "B" STREET liGHTS
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL "D" REFUSElRECYCLING
TCSD SERVICE LEVEL "R" STREETIROAD MAINT
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
CAPITAL IMPROVEMENT PROJECT FUND
CFD 88-12 ADMIN EXPENSE FUND
CFD 01-2 HARVESTON IMPROVEMENT FUND
CFD 03-1 CROWNE HILL IMPROVEMENT FUND
AD 03-4 JOHN WARNER IMPROVEMENT FUND
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACIliTIES
RDA 2002 TABS DEBT SERVICE
TCSD 2001 COP'S DEBT SERVICE
CFD 88-12 DEBT SERVICE FUND
CFD 01-2 HARVESTON DEBT SERVICE FUND
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
GRAND TOTAL
Fund Total
33,656,095.50
671.61
1,406.44
13,481,412.18
25.97
236,206.08
0.01
10,150,785.46
4,254,935.75
729,930.34
112,910.65
223,184.64
1,841.45
30,540.97
351,738.20
21,481,352.31
8,125.75
2,849,552.42
2,801,590.00
595,069.45
21,276,124.76
3,878,439.00
1,824,144.11
1,480,770.98
582,180.57
829,554.16
237,526.74
141,595.62
3,298,830.31
4,527.53
4,232,630.84
2,100,068.82
1,455,632.22
194,681.63
3,561,480.80
492,549.99
136,558,113.26
ITEM 5
APPROVAL
CITY ATTORNEY
FINANCE DIRECT
CITY MANAGER
CITY Of TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
fROM:
Genie Roberts, Direc10r of finance
DATE:
September 13, 2005
SUBJECT:
financial Statements for the fiscal Year Ended June 30, 2005
PREPARED BY:
Jason Simpson, Assistant finance Director W
Pascale Brown, Senior Accountant ~
RECOMMENDATION: That the City Council members:
1. Receive and file the financial Statements for the fiscal Year Ended June 30, 2005
2. Approve a budget transfer of $54,000 to Sales Tax reimbursement from Public
Works.
3. Approve an increase in operating transfers out of $13,100 from AB3229 COPS
fund.
4. Approve an increase in operating transfers out of $218,500 from the Gas Tax Fund.
DISCUSSION: The attached financial statements reflect the unaudited activity of the City for
the Fiscal year Ended June 30, 2005. Please see the attached financial statements for an
analytical review of financial activity.
The budget transfer request for Sales Tax reimbursement is due to increasing Sales tax
revenues from businesses within CFD 88-12 which results in an increase of the City's
obligation to reimburse property owners of that district based on our existing agreements with
them.
FISCAL IMPACT: Budget savings in General Fund will offsets the operating budget transfers
for the non-departmental budgets,
ATTACHMENTS:
Combining Balance Sheet as of June 30, 2005
Statement of Revenues, Expenditures and Changes in Fund Balance for the
Fiscal Year Ended June 30. 2005 Combining Balance Sheet (Internal Service
Funds) as of June 30, 2005
Statement of Revenues, Expenses and Changes in Retained Earnings
(Internal Service Funds) for the Fiscal Year Ended June 30,2005
Combining Balance Sheet (Community Facilities Districts) as of June 30,2005
Statement of Revenues, Expenditures and Changes in Fund Balance
(Community Facilities Distric1s) for the Fiscal Year Ended June 30, 2005
CITY OF TEMECULA
Combining Balance Sheet as of June 30, 2005
and the
Statements of Revenues, Expenditures and
Changes in Fund Balance
For The Fiscal Year Ended
June 30, 2005
And the
Statement of Revenues, Expenses and Changes
In Retained Earnings
For The Fiscal Year Ended
June 30, 2005
(Unaudited)
Prepared by the Finance Department
General Cias Tax State Trans De\' Impact CIJBCi
Fund Fund Fund Fund Fund
Assets:
Cash and investments $ 32,490,230 $ 1.397 $ 13,326.219
Receivables 8.531.861 91.345
Due from other funds 344.460
Advances to other funds 2.180.927
Deposits 136.347
Total assets $ 43.683,825 $ $ 1,397 $ 13,417.564
Liabilities and fund balances:
Liabilities:
Due to other funds
Other current liabilities S 9,083.00]
Deferred revenue 711J,750 S 3,541
Total liabilities 9,793,811 3.541
Fund balances:
Reserved 2.317.274
Designated 30.572.740 S 1.397 13,414.023
Undesignated
Total fimd balances 32,890,014 1,397 13,414,023
Total liabilities
and fimd balances $ 42,083,825 $ $ 1.397 S 13,417,5M S
City of Temecula
Combining Balance Sheet
As of June 30, 2005
Please note that these balances are unaudited
City of Temecula
Combining Balance Sheet
As of June 30. 2005
AB 2766 AB3229 Measure A ClP
Fund Fund Fund Fund Total
Assets:
Cash and investments $ 234.707 $ 3.780.532 $ 21.367.529 $ 71.200.614
Receivables 1,499 39.790 25.902 8.(,90.397
Due from other funds 673.178 5.603.232 6.620.870
Advances to other funds 2.180.927
Deposits 13(>.147
Total assets $ 236.20(, S 4,493.500 S 2fi.Y~)(d;fil S 88.829155
Liabilities and fund balances:
Liabilities:
Due to other funds $ 798097 $ 798.097
Other current liabilities 9.195.637 18.278.698
Deferred revenue (J()().()()() 1.]14.291
Total liabilities IO.593.7J4 20.391.08(,
Fund balances:
Reserved 2.317.274
Designated $ 236.206 $ 4.493.500 48.7178(,6
Undesignated lfi.4()2.92lJ ] ().4112.92lJ
Total fund balances 236.20(, 4.493.51111 I ().4()2.l)29 ()7AJX.II()l)
Total liabilities
and fund balances $ 236,206 $ 4.493,500 $ 2fi.99fi.663 $ 87.829.155
Please note that these balances are unaudited
2
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
General Fund
For the Fiscal Year Ended June 30, 2005
Alimal
Amended YTD Percent
Budget Activity of Budget
Revenues:
Sales tax- State $ 19,500,000 $ 20,906,962 107%
Sales tax- Triple Flip 6,500,000 6,441,311 99%
Developmental services:
Planning 776,000 889,164 115%
Building & Safety 2,155,400 2,524,682 117%
Land Development 1,953,800 2,083,627 107%
Police 576,400 502,134 87%
Fire 721,000 830,597 115%
Grants 1,100,000 300,000 27%
Motor vehicle in lieu- State 430,000 1,764,530 410%
Motor vehicle in lieu- Triple Flip 4,102,730 4,102,738 100%
Property tax 3,525,000 3,858,328 109%
Property transfer tax 900,000 1,115,439 124%
Franchise fees 2,130,000 2,207,989 104%
Transient occupancy tax 1,820,000 1,849,771 102%
Right Of Way Advertising 114,700 102,090 89%
Reimbursements 379,800 783,062 206%
Reimbursements- Redhawk 320,000 346,671 108%
Reimbursements from TCSD 162,000 162,000 100%
Reimbursements from RDA 225,000 225,000 100%
Reimbursements from CIF 1,286,700 1,255,352 98%
Reimbursements -Financing 157,500 174,838 111%
Investment interest 600,000 1,125,798 188%
Business licenses 270,000 314,528 116%
Vehicle code fines 1,000,000 1,093,591 109%
Miscellaneous 34,600 145,863 422%
Operating transfers in 1,496,500 1,728,185 115%
Total Revenues 52,237,130 56,834,250 109%
Notes:
1) Increased number of plan checks and permit activities resulting in higher revenues.
2) Grant revenue was not received due to timing ofthe equipment purchases.
3) FEI\1A revenues are recorded as expenditures are incurred.
4) Motor Vehicle In Lieu backflll of$I,272,034 was fully funded and received earlier than the
anticipated repayment date of2006 and 2007.
5) Property Transfer Tax increased as a result of continued strong resale of homes.
6) The variance in Reimbursements is due to expenditures not yet incurred TUMF eligible staffing costs.
In addition, $524,988 was received from RCWD as reimbursement for costs related to the John
Warner Street Project.
7) Investment interest was higher than expected due to diversification of investments coupled with steady
interest rote increases by the Federal Open Market Committee.
8) Business License increased due to additional businesses, out of town contractors and penalties.
9) The increase in miscellaneous activities is due to recovery from prior year expenses and due to
GASB 31 adjustments as a result of realized gains on maturing investments.
10) Operating Transfers In increased as a result ofa transfer of tax revenues from the Gas Tax
Fund for street-related expenditures.
(1)
(I)
(I)
(2)
(1)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
General Fund
For the Fiscal Year Ended June 30, 2005
Annual YTD
Amended YTD Activity Percent
Budget Activity Encumbr. + Encumbr of Budget
Expenditures:
City Council $ 380,200 $ 357,318 $ 357,318 94%
Community Support 441,700 388,453 $ 47,500 435,953 99%
City Manager 1,037,200 979,327 4,116 983,443 95%
Economic Development 932,013 876,866 22,594 899,460 97%
City Clerk 912,000 826,353 12,412 838,765 92%
City Attorney 850,000 608,281 608,281 72% (11)
Finance 1,796,760 1,633,260 43,161 1,676,421 93%
Human Resources 507,100 501,550 501,550 99%
Planning 3,274,685 2,941,197 52,439 2,993,636 91%
Building & Safety 2,782,070 2,629,710 25,668 2,655,378 95%
Land Development 2,009,440 1,789,463 1,789,463 89% (12)
Public Works 5,826,711 3,994,668 678,102 4,672,770 80% (13)
C1P Admin 2,503,700 2,051,144 2,051,144 82% (14)
Disaster Relief 1,100,000 394,771 12,250 407,021 37% (15)
Police 13,945,072 13,032,361 186,921 13,219,282 95%
Fire 5,105,598 4,857,611 36,297 4,893,908 96%
Animal Control 132,000 107,430 107,430 81%
Non-departmental 8,547,405 7,851,537 749,105 8,600,642 101% (16)
Total Expenditures (Excluding Transfers) 52,083,654 45,821,300 1,870,565 47,691,865 92%
Revenues Over/(Under) Expenditures 153,476 11,012,950
Operating Transfers Out 4,680,156 4,680,156
Revenues Over/(Under) Expenditures
and Operating Transfers (4,526,680) 6,332,794
Beginning Fund Balance, July 1,2004 26,557,220 26,557,220
Ending Fund Balance, June 30, 2005 $ 22,030,540 $ 32,890,014
Notes:
11) The variance in City Attorney is a result of a decrease in litigation activity citywide.
12) The variance in Land Development is due to staff vacancy and less than expected consulting costs.
13) The variance in Public Works is due to staff vacancies and less street maintenance costs being
funded by the General Fund.
14) The variance in CIP Administration is due to staff vacancies that were filled during the year.
15) The variance in Disaster Relief is due to the timing of expenditures on repairing and replacing damaged
infrastructure due the Winter Storms. Due to the extensive damage and the necessary remediation, this
process is expected to continue into FY2005-06. As such, most expenditures have not yet been incurred.
16) The variance is due to increasing sales tax revenues from businesses within CFD88-12 which results in an increase of the
City's obligation to reimburse property owners of that District.
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Gas Tax Fund
For the Fiscal Year Ended June 30, 2005
Annual
Amended YTD Percent
Budget Activity of Budget
Revenues:
Sectiou 2105-2107 $ 1,392,500 $ 1,474,501 106%
Investment interest 3,000 2,435 81%
Total Revenues 1,395,500 1,476,936 106%
Expenditures:
Operating transfers out 1,395,500 1,614,073 116% (1)
Revenues Over/(Under) Expenditures (137,137)
Beginning Fund Balance, July 1, 2004 137,137 137,137
Eudiug Fuud Balauce, June 30, 2005 $ 137,137 $ 0
Notes:
1) The variance is due to transfer of year -end revenue receivable to the General Fund.
,
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
State Transportation Fund
For the Fiscal Year Ended June 30, 2005
Annual
Amended YID Percent
Budget Activity of Budget
Revenues:
Investment interest $ 269
Traffic congestion relief (1)
Total Revenues 269
Expenditures:
Operating transfers out $ 72,494 72,494 100%
Revenues Over/(Under) Expenditures (72,494) (72,225)
Beginning Fnnd Balance, July 1,2004 73,622 73,622
Ending Fund Balance, June 30, 2005 $ 1,128 $ 1,397
Notes:
1) Funding from the State was suspended for fiscal year 2004-05
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Development Impact Fund
For the Fiscal Year Ended June 30, 2005
AnnuaJ
Amended Y1D Percent
Budget Activity of Budget
Revenues;
Open Space $ 409,174 $ 319,611 $ 78%
Investment interest 303,807
Public facilities
Quimby 350,805 95,183 27%
Street improvements 1,401,558 1,479,332 106%
Traffic signals 228,924 214,362 94%
Parks 1,056,676 711,501 67%
Corporate facilities 420,653 370,858 88%
Fire protection 268,587 181,163 67%
Library 500,674 407,588 81%
Road/Median hnprovement 37,000
Public Art 50,000 54,929 110%
Police 130,497 122,235 94%
T otaI Revenues 4,817,548 4,297,569 89% (1)
Expenditures:
Operating transfers out 17,258,704 4,006,040 23% (2)
Revenues Over/(Under) Expenditures (12,441,156) 291,529
Beginning Fund Balance, July 1,2004 14,624,807 13,122,494
Ending Fund Balance, June 30, 2005 $ 2,183,651 $ 13,414,023
Notes:
1) The variance in DIP revenues is due to the timing of permits pulled.
2) The variance is due to Capital Improvement Projects funded with DIF that have not been completed
during this fiscal year.
7
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Community Development Block Grant
For the Fiscal Year Ended June 30, 2005
Expenditures:
Other outside services
Operating transfers out
Total Expenditures
Annual
Amended YfD Percent
Budget Activity of Budget
$ 1,698,900 $ 69,597 4% (1)
1,698,900 69,597 4%
478,400 69,597 15%
1,220,500 (1)
1,698,900 69,597 4%
Revenues:
Grant revenue
Total Revenues
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2004
Ending Fund Balance, June 30, 2005
$
$
Notes:
1) Funding is being continued for future years for the Temecula Community Center Expansion,
Lorna Linda Park Structure Surfacing and Old Town Gymnasium.
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
AB 27 66 Fund
For the Fiscal Year Ended June 3D, 2005
Annual
Amended YTD Percent
Budget Activity of Budget
Revenues:
AB 2766 $ 90,000 $ 68,417 76%
Investment interest 4,182
Total Revenues 90,000 72,599 81%
Expenditures:
Operating transfers out 131,000
Revenues Over/(Under) Expenditures (41,000) 72,599
Beginning Fund Balance, July 1,2004 163,607 163,607
Ending Fund Balance, June 30, 2005 $ 122,607 $ 236,206
Notes:
I) The variance is due to the last quarter 2004-05 revenues not received as of August 31, 2005.
2) The Temecu1a Park and Ride CIP project budgeted from this fund was not started this fiscal year.
(1)
(2)
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
AB 3229 COPs
For the Fiscal Year Ended June 30, 2005
Annual
Amended YID Percent
Budget Activity of Budget
Revenues:
AB 3229 - COPS $ 113,700 $ 113,790 100%
Investment interest 400 322 81%
Total Revenues 114,100 114,112 100%
Expenditures:
Operating transfers out 101,000 114,112 113% (1)
Revenues Over/(Under) Expenditures 13,100
Beginning Fund Balance, July 1,2004 $
Ending Fund Balance, June 30, 2005 $ 13,100 $
Notes:
1) The variance is due to reimbursement to the general fund for AB3229 eligible expenditures.
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Measure "A"
For the Fiscal Year Ended June 30, 2005
Annual
Amended YTD Percent
Budget Activity of Budget
Revenues:
Measure "AU $ 3,015,600 $ 3,155,455 105% (1)
Investment interest 115,599
Total Revenues 3,015,600 3,271,054 108%
Expenditures:
Debt service - principal 451,585 451,585 100%
Debt service - interest 114,950 114,937 100%
Operating transfers out 5,277,024 2,546,000 48% (2)
Total Expenditures 5,843,559 3,112,522 53%
Revenues Over/(Under) Expenditures (2,827,959) 158,532
Beginning Fund Balance, July 1, 2004 4,334,968 4,334,968
Ending Fund Balance, June 30, 2005 $ 1,507,009 $ 4,493,500
Notes:
1) Measure A revenues exceeded budget due to increases in sales tax collections
by RCTC that were passed on to the City.
2) The variance in operating transfes out is due to several CIP project budgeted
with Measure A funding that have not yet completed during this fiscal year.
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Capital Improvement Projects Fund
For the Fiscal Year Ended June 30, 2005
Annual
Amended YTD Total Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Operating transfers in $ 51,236,797 $ 18,974,169 $ 18,974,169 37% (3)
Grants 19,088,615 1,059,919 1,059,919 6% (4)
Reimbursements 10,530,159 10,219,497 10,219,497 97%
Reimbursements~ 11JMF 11,208,990 4,352,000 4,352,000 39% (5)
Reimbursements- AD 8,263,204
Rcimbursements- CFD'S 23,200,000
Rcimbursements- TASIN 1,423,405 1,804,049 1,804,049 127% (1)
Investment interest 89,294 89,294
Total Revenues 124,951,170 36,498,928 36,498,928 29% (2)
Expenditures:
Murrieta Creek Bridge/Overland Ext 165-602 393,783 139,427 $ 245,093 384,520 98%
Pauba Rd Improvements II 165-606 2,012,045 38,236 1,054 39,290 2%
Intersection Monitoring System 165-607 155,000 5,833 5,833 4%
Winchester Rd Widening 165-608 2,305,315 1,705,934 548,224 2,254,158 98%
Rancho Ca Rd WidelY nez Rd 165-611 250,678 183,140 66,827 249,967 100%
Guardrail InstallationIRainbow Canyon 165-619 327,263 27,479 553 28,032 9%
Jefferson Pavement Rehabilitation 165-621 3,453,973 3,234,170 195,079 3,429,249 99%
Medians Citywide 165-622 189,952 76,773 76,773 40%
Rancho Ca Wide Old Town Front 165-624 1,106,907 40,371 40,335 80,706 7%
79 South Medians 165-625 3,319,029 82,005 18,474 100,479 3%
Bus Bench Upgrades 165 -629 273,025 11,054 243,958 255,012 93%
Pala Road bridge 165-631 36,315 8,767 27,548 36,315 100%
Diaz Realignment Vincent Moraga 165-632 1,120,642 827,586 32,572 860,158 77%
Pavement Rehabilitation 165-655 760,040 34,379 465 34,844 5%
I 15n9S Interchange- Ultimate 165-662 8,012,544 7,255,330 296,434 7,551,764 94%
Pechanga Parkway Improvements 165-668 15,568,577 7,867,677 2,151,908 10,019,585 64%
Flashing Beacons 165-670 20,000
Diaz Road Extension at Cherry St 165-684 137,362 17,640 100,509 118,149 86%
Rancho Ca Bridge/Murrieta Creek 165-710 1,440,241 987,416 387,959 1,375,375 95%
Traffic Signal Equipment Installation 165-712 344,986
Localized Storm Drain Improvements 165-715 179,968 5,408 5,408 3%
French Valley Parkway S.B. Offr-dTllp 165-719 3,342,716 115,018 153,440 268,458 8%
Bridge Barrier Rail Replacement 165-722 245,866 5,525 20,869 26,394 11%
Butterfield Stage Rd Extension 165-723 20,825,000
Freuch Valley Parkway 115 OITramp 165-726 7,964,240 235,883 974,580 1,210,463 15%
Fire Station Wolf Creek 165-733 2,887,707 15,266 43,173 58,439 2%
79S SidewalkJLandscape 165-734 284,738 160,498 7,113 167,611 59%
Munieta Creek Improvements 165-735 150,000
12
City ofTemecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Capital Improvement Projects Fund
For the Fiscal Year Ended June 30, 2005
Annual
Amended YID Total Percent
Budget Activity Encwnbr. Activity of Budget
Fire Station Roripaugh Ranch 165-741 4,728,180 894,902 3,398,422 4,293,324 91%
Maintenance Facility Expansion 165-742 731,212 297,825 428,329 726,154 99%
Main St BridgeIMurriet Creek 165-743 4,460,348 172,283 116,192 288,475 6%
Signals - Meadows @ La Serena 165-744 225,013 203,286 203,286 90%
Signals- Meadows @Rancho Vista 165-745 165,204 144,726 144,726 88%
Long Canyon Detention Basin 165-746 89,901 13,973 13,973 16%
Temecula Park & Ride 165-747 131,000
Pauba Rd Imp East of Margarita 165-748 130,000
Santiago Road AD 165-749 700,000
Rancho Vista@AvenidaDe La Reina 165-750 110,000
Old Town Properties Master Plan 165-751 250,000 12,775 164,931 177,706 71%
Rancho Ca Wide I15- E Ynez 165-752 341,800 705 705 0%
Murrieta Creek Multi-Purpose Trail 190-142 1,310,279 93,993 62,821 156,814 12%
Childrents Museum 190-165 135,811 75,888 6,620 82,508 61%
Community Theater 190-167 8,553,373 5,156,618 3,036,600 8,193,218 96%
Sports Complex 190-173 16,957,108 4,419,053 12,004,752 16,423,805 97%
Play Structure Retrofit 190-179 25,000
Pablo Apis Park Add Amenities 190-182 385,923 371,806 2,583 374,389 97%
Multi-Trails System Citywide 190-185 156,000 65,388 71,335 136,723 88%
Old Town Gyrrmasium 190-186 1,857,888
Vail Ranch Middle School Basketball 190-188 165,939 63,127 64,632 127,759 77%
Veteran's Memorial Phase I 190-189 478,165 475,506 475,506 99%
Kent Hindergardt Memorial Park 190-191 25,000
Loma Lind Play Structure 190-192 150,000
Nakayarn Gardeu & Tree Light 190-193 170,000 159,732 159,732 94%
Rancho Ca Sports N/S Fields 190-194 102,000 67,124 31,053 98,177 96%
Roripaugh Ranch Open Space 190-195 42,238 14,370 25,866 40,236 95%
Temecula Community Center Exp. 190-197 55,000
TES- Swim Pool Renovation 190-198 142,500 136,014 6,065 142,079 100%
Library 199-129 16,504,383 176,006 13,246,004 13,422,010 81%
Old Town Parking 199-130 181,551 81,046 7,818 88,864 49%
Old Town Property Purchase 199-131 240,000 8,000 8,000 3%
Total Expenditures (Excluding Transters) 136,808,728 36,184,961 38,230,190 74,415,151 54% (2)
Revenues Over/(Under) Expenditures (11,857,558) 313,967
Beginning Fund Balance, July 1,2004 16,088,962 16,088,962
Ending Fund Balance, June 30, 2005 $ 4,231,404 $ 16,402,929
Notes:
1) An unanticipated contribution amount was received from TASIN for the Wolf Creek Fire Station Project.
2) The variance in CIP revenues and expenditures is primarely due to timing of several projects.
3) Funds are transferred in as project expenditures are incurred.
4) The variance is due to no grant eligible project expenditures being allocated yet for several projects.
5) All eligible Tillv1F expenditures have been reimbursed, the variance is due to timing of expenditures not yet incurred.
13
Internal Service Funds
Combining Balance Sheet
As ofJune 30, 2005
Information Support
Insurance Vehicles Systems Services Facilities
Fund Fund Fund Fund Fund Total
Assets:
Cash and investments $ 1,477,563 $ 579,965 $ 1,000,783 $ 270,496 $ 184,338 $ 3,513,145
Receivables 9,625 2,216 6,850 1,490 2,049 22,230
Prepaid assets 179,671 179,671
Property, plant and equipment (net of
accumulated depreciation) 1,299,063 351,082 15,010 1,665,155
Total assets $ 1,666,859 $ 1,881,244 $ 1,358,715 $ 286,996 $ 186,387 $ 5,380,201
Liabilities and fund equity:
Liabilities:
Current liabilities $ 437,774 $ $ 128,299 $ 49,412 $ 40,161 $ 655,646
Capital leases payable 8,799 8,799
Total liabilities 437,774 0 128,299 58,211 40,161 664,445
Fund equity:
Contributed capital
Retained earnings 1,229,085 1,881,244 1,230,416 228,785 146,226 4,715,756
Total fund equity 1,229,085 1,881,244 1,230,416 228,785 146,226 4,715,756
Total liabilities and fund equity $ 1,666,859 $ 1,881,244 $ 1,358,715 $ 286,996 $ 186,387 $ 5,380,201
Please note that these balances are unaudited.
14
City ofTemecula
Statement of Revenues, Expenses and Changes in Retained Earnings
Internal Service Funds
For the Fiscal Year Ended June 30, 2005
Infonnation Support
Insurance Vehicles Systems Services Facilities
Fund Fund Fund Fund Fund Total
Revenues;
Charges for services $ 521,323 $ 1,073,187 $ 1,836,970 $ 288,858 $ 619,359 $ 4,339,697
Investment interest 32,412 4,354 16,835 4,776 2,570 60,947
Miscellaneous 1,909 120 136 22,188 24,353
Total Revenues 555,644 1,077,661 1,853,941 315,822 621,929 4,424,997
Expenses:
Salaries & wages 48,116 964,940 126,696 322,800 1,462,552
Operating expenses 547,546 638,325 104,199 301,993 1,592,063
Interest 1,065 1,065
Depreciation 295,293 252,974 63,143 611,410
Total Expenses 595,662 295,293 1,856,239 295,103 624,793 3,667,090
Revenues Over/(Under) Expenditures (40,018) 782,368 (2,298) 20,719 (2,864) 757,907
Retained Earnings, July 1, 2004 1,269,103 1,098,876 1,232,714 208,066 149,090 3,957,849
Retained Earnings, June 30, 2005 $ 1,229,085 $ 1,881,244 $ 1,230,416 $ 228,785 $ 146,226 $ 4,715,756
ITEM 6
APPROVAL~
CITY ATTORNEY ~ ~
DIRECTOR OF FINANCE r.G-
CITY MANAGER cr
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Tim Thorson, Director of Information Systems
DATE: September 13, 2005
SUBJECT: Microsoft Software Licenses - Annual Renewal
RECOMMENDATION: That the City Council authorize the annual purchase of 250 Client
Access Licenses (CAL) of Microsoft Windows Professional from ASAP Software for $54,972.50.
DISCUSSION: The City is currently enrolled in a Microsoft Enterprise Agreement for 250
workstations. While this is a three-year agreement totaling $164,917.50, it will be equally divided
and be separately budgeted in each fiscal year. This is the final payment on this agreement.
Negotiations will begin for a new three year agreement that will be effective in the FY 2006-07
Budget.
The Microsoft Enterprise Agreement is available on the State of California County Information
Services Directors Association (CCISA) Multiple Award Schedules under Microsoft State and Local
Enterprise Agreement. The competitively quoted price is provided by an authorized CCISA
contractor. Under this agreement, it is within the City's discretion to take advantage of the pricing on
another governmental entity contract. The contract is made available for use by State of California
agencies and any city, county, or local governmental agency empowered to expend public funds.
Therefore, this purchase is exempt from competitive bidding requirements. Staff's research has
determined that the CCISA price is the most competitive and that there are no local vendors on the
CCISA suppliers list. Also, it has been determined that the CCISA program is consistent with the
City's procurement policies and regulations and that it is used by many cities as an industry
standard. The attached enrollment form is for the purchase of Microsoft licenses from ASAP
Software:
FISCAL IMPACT: $54,972.50 was appropriated in the Fiscal Year 2005-06 Budget for the
Information Services Internal Services fund.
Attachment: ASAP Software Enterprise Agreement En~ollmentlQuote
R:IS/caseym/agendarepolts/microsoftlicense
For . ~!crosoft Internal Use Purposes
. r--l ~
Enrollrn~m Number I I I 'a5ot 3 <3
Reseller Must Complete the Following
Customer Purchase Order Number I
Enterprise Agreement Number 01E50944
MICROSOFT STATE AND LOCAL GOVERNMENT ENTERPRISE ENROLLMENT
This MICROSOFT STATE AND LOCAL GOVERNMENT ENTERPRISE ENROLLMENT is entered into between you (the enrolled
affiliate signing below) and us (the Microsoft affiliate signing below) as of the effective date identified below. If different from the main
contact information, any notices must be address.ed to the contact and locations outlined in the notices section below. We will notil}' you in
writing if our address information changes. You must notil}' us in writing if your address changes.
Customer Name Name and address of contracting Microsoft affiliate
City of Temecula MSLI, GP
Street Address and/or post ollice box Street Address and/or post ollice box
43200 Business Park Drive 6100 Neil Road
Suite 210
City and State I Province City and State I Province
Temecula, California Reno, NV
Country and Postal Code Country and Postal Code
USA 92589-9033 USA 89511-1137
Contact Name
Tim Thorson
Phone Number Phone Number
909~94~427 775-823-5600
Fax Number Fax Number
909~94-1999 775-826-7287
Email Address Email Address
thorsont@cityoftemecula.org SelQue~ microsoft.com
For the Attention of: For the Attention of:
Tim Thorson Dept. 551, Volume Licensing
Customer Notices Information (if different from above) The enrollment and attached documents should be sent to the
above address for approval and processinl!.
Customer Name All NOTICES should have Copy To:
Microsoft Comaration. Law and Como rate Affairs
Street Address and/or post office box
One Microsoft Wav
City and State I Province
Redmond. W A
Country and Postal Code
USA 98052
Contact Name
Phone Number
Fax Number
425-936-7329
Email Address
For the Attention of: For the Attention of:
Volume Licensing Attorney
Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier as provided in
the State and Local Government Enterprise Agreement or extended as set out in the next sentence. You may elect to extend the tenn of this
enrollment for an additional 12 full calendar months. To do so, you must submit an order for the extension period to your reseller within
15 days following the term, covering the enterprise products, the additional products, and any additional qualified desktops added prior to
Microsoft Slate and Local Government Enterprise Enrollment
(MSLl) v5.2 (Norlh AmerIcan) March I, 2001
Cover Page
Page I of 14
the end of the term (including any qualified desktops for which you are required to submit an order as part of your third anniversary true
up). The reference price fur the eXlension of each cnlerprisc product will be equal 10 the Iotal enterprise product price divided by 3, divided
by Ibe initial number of qualified desktops, multiplied by Ibe IOtal number of qualified desklOps licensed as of Ibe end of Ibe lerm
(including any qualified desktops for which you are required to submit an order as part of your third anniversary true up). We ue Dot able
to provide additional product reference pricing for the extension term. Please contact your rescUer for your price and payment terms for the
enterprise products and additional products for the extension term.
Terms used in this enrollment shall have the meanings assigned to them in the State and Local Government Enterprise Agreement
identified above. .
By signing Ibis enroUmcn~ you represent and warrant that:
a. You have read and understood the State and Local Government Enterprise Agreement identified above, including any
addenda and amendments to that agreement (specifically including but not limited to the current version of the product use
rights), and agrce 10 be bound by Ibose lerms.
b. You arc eilb<< Ibe entity which signed the Stale and Local Government EntCJprisc Agrcemcnt or its alIiliale.
c. You have 250 or more qualified desktops.
This enrollment consists of (I) this cover page, (2) Ibe Shipping Information Form, (3) Ibe Enlerprisc Order Form, (4) the Enlerprisc
Updale Slalcmen~ (5) Ibe Reseller Information Form, and (6) Ibe Product List, and by signing below, you agrce Ibat you arc bound by Ibe
terms of the State and Local Government Enterprise Agreement identified above and the product use rights applicable to products ordered
under this enrollment
By signing below. you represent that the information that you provide on each of the attached forms is accurate.
N.me of Customer (Entity Name):
Temecula
Name of contruting Microsoft affillate:
~
Signature
ose Sandoval
Printed Name
Jeffrey E. Stone
Printed N
Printed Title
Mayor
Signature Date
Printed Title
Signature Date
(dateMicroso1laffilialcCOUldenip)
o ,7, -03
Effective Date
(may be dif'fcftm lhanour signature date)
\ 0 -- ?:>-O~
Micr(uojl Slate and Local Govemment Enrerprire Enrollment
(MSU) v5.2(North A.merican) March 1, 2001
Cover Page
Page 2 of 14
Sblpplng Information Form
License confinnations and CD-ROM subscriptions will be shipped to the following address. If the CD-ROM shipping
address differs from the license confinnation shipping address, please complete the Initial Fulfillment Kit/CD-ROM
Shipment Contact address section on the following page,
License Confirmation Shl -to Information
Customer Name
ity of Temecula
Street Address
m address 011 the cover Q e
Customer Contact Email Address
P.Q, Box 9033
City and State' Province and Postal Code
Temecula, California 92589-9033
Country
USA
Contact Name
Tim Thorson
Phone Number
909-694-6427
Fax Number
909-694-6498
Customer Contact Language (If different than
language of this enrollment)
Microsoft Account Manager Name
Microsoft Office Location
Microsoft Contact Email Address (if applicable)
Microsoft will automatically sbip ODe CD-ROM kit, aDd periodic additional CD-ROMs containing updates, for
each pool and language designated in the table below. Please mark each box witb an "X" for the language(s) you
wish to bave shipped for eacb of tbe enterprise and additional products for wblcb you bave cboseD uDder tbls
eDrollmeDt. If you would like to receive additloDal sblpmeDts of CD-R
OM kits, you may order them through your reselIer for a fee.
IDitl.. FulfillmeDt Kit' CD-ROM Sbl meDt CODtact
Customer Name
City ofTemecula
Street Address
Ciy and State I Province and Postal Code
Temecula, California 92589-9033
CoWllry
USA
43200 Business Park Dr
rmarion contact
Fax Number
909-694-6498
Entail Address
hafelitk@cityoftemecula.org
Microsoft Slate and Local Government Enterprise Enrol/ment
(MSU) v5.2(North AmerIcan) March I. 2001
ShippIng Information Form
Page) of14
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Microsoft Stole and Local Government Enterprise Enrollment
(MSLl) vJ.2(North American) March I, 2001
Shipping J'lforma/ion Form
Page 4 of 14
Enterprise Order Form
\, Definition of the Enterorise
Section 1: Your enterprise must consist of entire agencies, departments, or jurisdictions. not partial agencies. departments or
jurisdictions. Each affiliate must be entirely "in" or entireJy "out". Note: when we refer to Enterprise Enrollment, we mean either an
Enterprise Enrollment or an Enterprise Select Agreement Please check onlY!l!lt of the applicable boxes in Section I below. Note: all
affiliates acquired after the effective date of this enrollment that are Dot party to an Enterprise Enrollment of their own will automatically
be included unless vou fill in Section 2 below.
(i) IXI You and all affiliates.
(ii) [ ] You and the followiOJ/affiliates will be oartieiva/inJ?:
I.
2.
3.
4.
5.
6.
<NOTE: If more than 6 affiliates are beinl? included, attach list of names on separate niece ofnaoer.)
(iii) [ ] You and all affiliates. exceot thejollowinJ?affilia/es. will be oarticioatin2:
I.
2.
3.
4.
5.
6.
<NOTE: If more than 6 affiliates are beinl? excluded, attach list of names on seoarate oiece of Daper.)
Section 2: Unless you check the box below, all affiliates acquired after the effective date of this enrollment that are not party to an
Ente rise Enrollment of their own will automaticalI be included.
[ ] Exclude all affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of
their own.
2. Designated Languages
You will use the enterprise and additional products in the language category specified below. Please mark one box below with an "X" for
the language category of your choice.
"Listed languages" means any of the following localized language versions: Chinese Simplified, Chinese Traditional, Czech, English,
Greek, Hebrew, Hungarian, Korean, French Canadian, Iapanese, Polish, Portuguese (Brazil), Russian, Turkish, Thai and if this enrollment
is signed in Latin America, then Spanish.
"Alllangnages" means (i) all of the languages in the listed languages category above, and (ii) all of the restricted languages below.
"Restricted languages" means Danish, Dutch, Finnish, French, Geonan, Italian, Norwegian, Portuguese (portugal), Spanish, Swedish,
Arabic and, if the enrollment is signed in Austria, Belgium, Denmark, France, Finland, Geonany, Ireland, Italy, Luxembourg,
Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden, or Spain, then English becomes a restricted language.
t9. Listed Languages Note: By electing the listed language category you may use a
maximum of toolo of the copies of any product in the restricted
All Languages languages.
Microsoft State and Local Government Enterprise Enrollment
(MSLl) v5.2(Nor/h American) March I, 2001
Enterprise Order Form
Poge 5 of /4
Enterprise Order Form
3. Language Allncatlon
You estimate in good faith that you wil1 use the enterprise and additional products in the languages and percentages specified below (if
more space is needed. please attach on a separate sheet):
LaDll'U82'e Versions
Percenta2es
ENGLISH
100
%
%
%
%
4. Enterprise Product Licenses
The prices slated below are for your reference only. Your price, and payment terms for al1 products ordered will be detennined by
agreement with your chosen rescUer.
8. Initial Order for Enterprise products
(To be completed by Microsoft or reseller)
The price of the enterprise licenses will be billed to your rescUer in annual installments. The first installment will be invoiced upon
submission of the order; the remaining installments will be invoiced at each anniversary of the effective date of this enrollment.
Qualified Desktops: You represent that the total number or qualified desktops in your I
enterprise is, or will be increased to this number, during this enrollment. (This number must be
equal to at least 500 desktops.)
250
You must choose the Enterprise Desktop Professional Platform or at least one of the individual enterprise products by checking the boxes
below. (You may choose more than one of the individual enterprise products.) This choice must be made before selecting any of the
additional products listed in section Sa below.
Currency
usn
(a)
(b) = (a) * number of
qualified desktops above
(c) ~ (b) * 3 year term
Enterprise Product
~ Annual enterprise
product l!IT desktop
price
Annual enterprise product
price
Total enterprise product price
Enterprise Desktop
Professional Platform
X $243
$60,750
$182,250
Ineludes: Microsoft Office Professional, Microsoft BackOffice Client Access License, and Microsoft Windows Desktop Operating System
Upgrade
Office Professional
BackOffice Client Access
License
Windows Desktop
Operating System
Upgrade
$60,750
Microsoft State and Local Government Enterprise Enrollment
(MSLl) vJ.2(North American) March J, 2001
Enterprise Order Form
Page 60{14
Enterprise Order Form
Note: Because all operating system licenses provided under this program will be upgrade
licenses, you agree that all new or replacement qualified desktops acquired during the tenn of
this enrollment on which you will run the Windows operating system will be licensed for one
of the roHawing from the desktop's Original Equipment Manufacturer: Windows 95. Windows
98. Windows NT Workstation, Windows 2000 Professional, or successor products to Windows
2000 Professional.
The enterprise products are:
. Windows Desktop Operating System Upgradej
-Microsoft Office Professional (the current version of which consists of the following components: Microsoft Word, Microsoft Excel.
Microsoft PowerPoint. Microsoft Outlook, Microsoft Publisher and Microsoft Access);
-Microsoft BackOffice Client Access License (the current version of which consists of Client Access Licenses for the following
components: Windows NT Server, SQL Server, Microsoft Exchange Server, Systems Management Server, Site Server and SNA
Server)
b. Enterprise True-up Orders ror Enterprise products
(To be completed by Microsoft or reseller)
The price of the enterprise license for any true-up order will be billed to your reseUer upon submission or your order. True-up orders must
be submitted within 15 days following the anniversary of the effective date and expiration or termination oflhis enrollment.
Please comolete t e tab e e ow or t e entemnse ora ucts se ecte In sechan a a ave.
Currency usn
Enterprise Product Year one per desktop Year two per desktop Per desktop price for subsequent
price price years
Enterprise Desktop $601 $483 $363
Professional Platform Includes: Microsoft Office Professional, Microsoft BackOffice Client Access License, and Microsoft Windows Desktop Operating System
Upgrade
Office Professional
BackOffice Client Access
License
Windows Desktop ,
Operating System Upgrade
Note: Because all operating system licenses provided under this program will be upgrade
licenses, you agree that all new or replacement qualified desktops acquired during the tenn of
this enrollment on which you will run the Windows operating system will be licensed for one
of the following from the desktop's Original Equipment Manufacturer: Windows 95, Windows
98, Windows NT Workstation, Windows 2000 Professional, or successor products to Windows
2000 Professional.
h
I b I ~ h
d
d'
4() b
c. Subsequent orders for Enterprise Products
The price oflbe enterprise licenses for any subsequent enterprise product order placed prior to the first anniversary will be billed to your
reseUer in annual instaUments. The first installment will be invoiced upon submission of the order; the remaining instaUments wiU be
invoiced at each anniversary of the effective date oflhis enrollment. The price of the enterprise licenses for any subsequent enterprise
product order placed after the first anniversary will be billed to your reseUer upon submission of your order.
Microsoft Slate and Local Government Enterprise Enrollment
(MSLI) v5.2(North American) March I, 2001
Enterprise Order Form
Page 7 of 14
Enterprise Order Form
5. Additional Prodnct Llcen.e.
(To be comp/eled by Microsoft or resel/er)
The prices stated below are for your reference only. Your price and payment terms for all products ordered will be dctcnnined by
agreement with your chosen rescUer. The price of Ute additional product licenses for the initial order in section 5(a) below and any
additional product licenses ordered prior to the first anniversary of the effective date will be billed to your rescUer in annual installments.
The first installment wilJ be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the
effective date of this enrollment. Subsequent orders of additional products placed after year 1 wHl be invoiced in total upon submission of
the order.
a. Initial Order for Additional product.
(To be completed by Microsoft or reseller)
You may choose to license additional products by entering the names and quantities for the products of your choice in the table below. For
a list of the available additional products, contact your reseller. You may choose more than one additional product. Please enter the
appropriate quantity of licenses for each additional product you choose to license. If you choose to license more than 10 additional
products, attach a list of names and quantities for the remaining products on a separate piece of paper.
Currency USD
(a) (b) (c) = (a) * (b) (d) ~ (c) * 3 year term
Additional Products Quantity Annual Annual additional Total additional product price
additional product price
product Wtl:
license price
228-01721 4 $2189 $8756 $26,268
312-02356 1 $320 $320 $960
Microsoft State and Local Government Enterprise Enrollment
(MSU) v5.2(North American) March J. 2001
Enterprise Order Form
Page 8 of 14
Enterprise Order Form
Currency
(a)
(b)
Additional Products
Quantity
Annual
additional
product I!!r
license price
(e) - (a)' (b)
Annnal additional
product price
$9,076
(d) ~ (e) . J year term
Total additional product price
6. Initial Product Order Total for the enterprise and additional products chosen in 48 and Sa above
(To be completed by Microsoft or reseller)
Microsoft Stare and Local Government Enterprise Enrollment
(MSLI) v5.2(Norrh Amerfcan) March J. 200/
Enterprise Order Form
Page 9 of /4
I )
Enterprise Order Form
Currency
usn
I
Annual enterprise and additional product price
I Initial Enterprise
Product Order Total
from 48
$60,750
2 Initial Additional
Product Order Total
from Sa
$9.076
3 Grand Total 3=1+2
$69,826
Microsoft Stale and Local Government Enterprise Enrol/ment
(MSLI) v5.2(North American) March J, 2001
Enterprise Order Form
Page 10 of 14
i )
\ j
Enterprise Update Statement
ENTERPRISE AGREEMENT NUMBER
ENROLLMENT NUMBER
COMPANY NAME
ENROLLMENT ANNIVERSARY DATE
An Enterprise Update Statement must be submitted ONLY if the number of qualified desktops for the enterprise products has
not increased as of any of the anniversary dates of your State and Local Government Enterprise Enrollment. Ifthere has been
an increase in the number of qualified desktops for the enterprise products, please submit an order to your reseUer.
I agree that there has been no increase in the number of qualified desktops for the enterprise products in my enterprise.
Statement completed by:
Name of Customer
Authorized signature
Contact Name (please print)
Title
Date
Submit an original to:
Your reseller
Microsoft State and Local Government Enterprise Enrollment
(MSL/) v5.2(North American) March 1,200/
Enterprise Update Statement
Page II 0[14
10/09/2003 04:34PM
(~AP Software
PAGE 2 OF 2
Ii it \ )SD'2. i'1 Ii '12..
ReselIer Informadon Form
(ReseUer should CtImpldelh, folk1wlng ,lfCtiDn..)
1. GenerallnCormatlon
2. Billing information for enterprise and additional product coverage'
:'
'. , ' ", (To be [riled in for. cllltomen,with 500-4,999 desktops ONL Yo A Channel Price Shed will b, slIpplied by Microsoft for
customers wUJr 5,000 Rifd greRter de6ktops.) , .,
0).' 'Di,.ct Portner purchase order numher: I i '7 LJ 4 6 itJ ' I
b) Part,number andprice information for enterprise andaddilional product license coverage: Insert in the table below:
th.,Microsoft'partnumber and 'price information to be billed for the enterprise prodnet desktop, and additional,'
product qnantities entered in Parts 40 and Sa of the Enterprise Order Fonn and by language selected in Part 20flhe
Enterprise Order Form.
c) Price list month (the month of the priee list the prices listed below arefrom): I CJ'S
(NOTE: TIfe lHIrt ,,"mber ,,,tI ",iN ,~, In (mtlld}",. UJlMlrtd below II pmwrki If} t1u DlruJ P,ftnn on the EtlJopnn 5 Pria Ust)
Cu"ency USD
Microsoft Part Number Product Offering Price Purchtu~ Usage Country Quantity
Language Lev,l Unit
AD'?' 00030 B-il.-l.IS" , c.u.s (!fJS" fS4L ~ uS O)~O
;>,;>8- Dn:2.i 6v,-"",s.~ ADb Ptl.b~ b 6<\c.<f ttS If
31,';/ "6~3~ EN(..LiS~ .A. . f.", i) '" C " IA-S .1.
MicrOJofl SIalt and Local OOVl!rnmenl Enterprise Enrollm/!nt
(MSLI) l'5.2(North Arnl'.ricQn) March J. 2001
Re.reller Infurma/ltJn Form
Pag~/2ofJ4
ReseUer Information Form
Currency
Microsoft Part Number Product Offering Price Purchase Usage Country Quantity
Language Level Unit
Microsoft Stote and Local Government Enterprise Enrollment
(MSLI) v5.1(North American) March I. 1001
Reseller Information Form
Page 13 of 14
. ,
!
Reseller Information Form
Please note: Billing enrrencies are limited to tbe cnrrencies Microsoft accepts In a given country. Microsoft accepted
billing currencies are stated, by conntry of enrollment, in tbe table below. The eurreney seleded for this enrollment
wll\ apply for the entire term of this enrollment Inc1nding tbe extensions.
Current
US Dollars
Danish Krone
]a anese Yen
Korean Won
Norwe ian Krone
Pound Sterlin
Swiss Frane
Swedish Krona
Taiwan Dollar
Acce ted in Connt
United States, Latin America, Asia (except Japan, Korea, and Taiwan), Greece,
Eastern Euro e Middle Eas Africa
Canada
Australia
New Zealand
Austria, Belgium, Denmark, Finland, France, Gennany, Ireland, Italy,
Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and
United Kin dom
Denmark
]a an
Korea
Norwa
United Kin dom
Switzerland
Sweden
Taiwan
Canadian Dollars
Australian Dollars
New Zealand Dollars
EURO
The above price levels for the initial order will be extended to reseller for the tenn of this enrollment The price of the
enterprise licenses and additional product licenses will be billed in annual installments. The first installment will be
invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date
of this enrollment. Signature acknowledges that the above price level.and country of usage information has been reviewed
and agreed to by the rescUer, subject to the terms and conditions of its agreement with the licensing Microsoft affiliate.
Reseller by signing below, acknowledges that it has read this enrollment (including any amendments to it), and reseller
acknowledges that pursuant to the terms of this enrollment, the enrolled affiliate may have rights to terminate this
enrollment under certain circumstances, or reduce the number of qualified desktops covered in ways that may reduce the
total enterprise and additional product price.
The nnderslgned confirms that the reseller information is correct.
Date:
Microsoft State and Local Government Enterprise Enrollment
(MSLI) v5.2(North American) March 1, 200/
Reseller Information Fonn
Page 14 of /4
i i
lhe end of lb. lellD (including any qualified desktops for which you are required '" submit an order as part of your third annivenaJY true
up). The ~flftllCe price fur the ex.....i<lll of each enterprise product will be equal'" lb.lotal CIlterprise product price divided by 3, divided
by the initial numbo< of qualified desktops, multiplied by the "'tal number of qualified desktops licensed as of the end of lb. term
(including my qualified desktops for which you are JOquired 10 submit an order as pari of your third anniversary bu. up~ W. are notable
to provide additional product reference pricing for the extension term. Please contact your rescUer for your price and payment tcnm for the
enterprise producIB and additional pJUducta for the ex.....i... lenu.
Terms used in this enrollment shaD have the meanings assigned 10 lhem in the SIBle and Local Oovemment Bnterprise Agreement
idellti1ied abov..
By signing this earo\lmen~ you ~prcsenl and warrant that
.. You have read and understood the State and Local Government Enterprise Agreement identified above, including any
addenda and amendmellts to that agreement (specifleally including but nollimited 10 the CUIJ'ellt veIlion of the product nsc
rights), and agree to be bound by thosetellDs.
b. You are either the entily which signed the Stste and Local Oovemmellt Enterprise Agreement or its affiliate.
c. You have 250 or more qualified desktops.
ThiI enroUment coasista of (1) this cover page, (2) the Shipping Information Form, (3) the Enterprise Order Fonn, (4) the Enterprise
Update Statemen~ (5) the Reseller Information Fonn, and (6) the Pnxluct LiJI, and by signing below, you agree that you arc bound by the
terms of the Slate and Looal Oovemmenl Bnterprise Agreement identified above and the product ..e righta applicable to prociucla ordered
under this enrollment
By signing below, you represent that the information that you provide on each or the attached forms is accurate.
Name of CuJtomcr (Entity Nllmc):
Temecula
Name of eoDtractiDg Mlc:rolOft aft111ate:
MSLI, GP
Signatun:
Printed Name
Printed Tid.
Mayor
Signature Date
Printed Title
Signature Date
(dateMiaosoft affiliatt; c:oumenips)
Effective Date
(may be cliffcza1t chID. our lipalurC date)
MiC1'O$Ofl SulM and Local Gt'Jve",IMrU Enruprbe Enrollment
(MSU) yj.2(N0I'Ih A...rlcan) March I, 2001
Cover Pag~
Page 2 ofU
... ASAP
~ SoftwareN
Alison Turner
National Manager,
State & Local Govemment
A Buhtmann Company
10900 NE Fourth Slreet
Suit. 2300
Bell.vu., WA 98004
August 25, 2003
42f;.467 -4690
atumer@as8D.com
Attn: Tim Thorson
Chief Information Officer
City of Temecula, California
Re: Microsoft Enterprise Agreement: Microsoft Reference Price vs. City ofTemecula Price
Tim,
Under the Microsoft Enterprise Agreement sponsored by the County of Riverside on behalf of CCISDA
and MISAC members, under which the City of Temecula is enrolling, the following information applies:
· The Microsoft Annual Per-Desktop Reference Price for the Desktop Pro license is $243.00. This
Reference Price is set by Microsoft and is the pricing that is referred to on all official Microsoft
documents, including the EA Enrollment paperwork.
. This Per-Desktop Reference Price includes licensing for the following products: Office
Professional, Windows Professional Upgrade, and the Core CAL (Client Access Licenses for the
Windows, Exchange, SMS and SharePoint servers).
· This Per-Desktop Reference Price also includes Software Assurance - meaning you can deploy
the most current versions of these products, that are released during the term of your EA
Enrollment, at any time.
· The actual Per-Desktop price being offered by ASAP Software, as the named reseller and
fulfillment agent for this contract, is $219.89 per year over each of the three years in the
Enterprise Enrollment term.
ASAP is the exclusive Microsoft Large Account Reseller for this special program and won a
competitively bid RFP sponsored by the County of Riverside on behalf of CCISDA and MISAC
members. ASAP is currently able to guarantee this price of $219.89 per desktop/per year to all qualified
California Cities and Counties that sign an Enterprise Agreement Enrollment to join this program and
place their Enterprise Agreement orders through ASAP Software.
The City of Temecula has signed an Enrollment to participate in this program, and ASAP guarantees this
annual Per-Desktop price of$219.89 over each of the three years of the City's EA Enrollment.
Please let me know if you have any questions. Thank you for your business!
Sincerely,
~~
Alison Turner
CITY OF TEMECULA
-- ~ _tl ~ ~. ~~~0--
Michaela A. Ballreich
Deputy City Clerk
Approved As to Form:
~
Pe~r M. Thorson, City Attorney
ASAP Software
10900 NE Fourth Street
Suite 2300
Bellevue, WA 98004
~\V~
Alison Turner
~
ITEM 7
APPROVAL
CITY ATTORNEY -ttJ1?fJ/il
DIRECTOR OF FINANCE~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jim Domenoe, Chief of Police
DATE: September 13,2005
SUBJECT: California Department of Justice - Drug & Alcohol Analysis/Fingerprinting
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council authorize an expenditure of $71,500 from the
Police Department budget for drug & alcohol analysis/fingerprinting for Fiscal Year 2005/06 from
the California Department of Justice.
BACKGROUND: In July of 2001, the City of Temecula entered into an open agreement for
drug and alcohol testing and fingerprinting services with the California Department of Justice
(DOJ). The drug and alcohol testing services include analysis of blood and urine samples,
alcohol breath testing, and administrative and logistical support of field alcohol tests. This
agreement also provides staff training of certified breath test operators, consultation, and expert
testimony. The DOJ bills the City of Temecula for analysis requested of DOJ by a law
enforcement agency within the Temecula City limits. Law enforcement agencies which may
conduct these tests include the Temecula Police Department, Murrieta Police Department,
California Highway Patrol, and the Riverside County Sheriff's Department. Each year the
Riverside County District Attorney's office reimburses the City approximately 100% for all DUI
testing services conducted in the prior year, which amounted to approximately $41,500 last
fiscal year.
All fingerprint processing services for paper and LiveScan fingerprinting are provided by the
DOJ. The Human Resources Department utilizes LiveScan services to perform background
checks on all new employees. The Police Department conducts LiveScan fingerprinting out of
the Old Town Storefront as a service to the community. Applicants pay the DOJ fee along with a
$12 service fee which offsets administrative and DOJ costs. In fiscal year 2005, approximately
$44,000 were collected in fingerprint fees.
FISCAL IMPACT: Adequate funds exist within the 2005-06 Police Department and Human
Resources budgets to make this purchase (001-170-999-5324, 001-170-999-5328, and 001-
150-999-5250).
R:\PAPAGG\AGENDAS\DQJ Fingerprinting.doc
ITEM 8
APPROVAL
CITY ATTORNEY ~1i2-
DIRECTOR OF m:;;JJE fJI\..
CITY MANAGER '
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Jim O'Grady, Assistant City Manager
DATE: September 13, 2005
SUBJECT: Resolution of Support in an Effort to Reduce Drinking & Driving Accidents
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 05_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, SUPPORTING THE POSTING OF
TRANSPORTATION SERVICE PROVIDERS AT ALL
RESTAURANTS AND BARS THAT SERVE ALCOHOL AND
REQUIRING THAT ALL FUTURE CONDITIONAL USE PERMIT
APPROVALS INCLUDE A REQUIREMENT FOR POSTING
THESE RESOURCES IN A VISIBLE AREA IN AN EFFORT TO
REDUCE DRINKING & DRIVING ACCIDENTS
BACKGROUND: At a recent City Council meeting, Mr. Ed Varela made a presentation
regarding the transportation service his family provides for drivers that have had too much to
drink, "Jon Boy's" Confidential Transportation. As you heard, Mr. Varela has made this effort his
mission after tragically losing his son, Jonathan Michael Varela on April 28, 1996 to a motorist
who was drinking and driving. Since January 1st of this year, his transportation service has
assisted on 55 occasions in safely transporting individuais who have called upon his service.
There is no cost for this service and the Varela family of volunteers has the resources available
to assist at any given time.
In an effort to publicize such a service in restaurants and bars that serve alcohol, City staff has
prepared a list of all known transportation providers including "Jon Boy's" Confidential
Transportation. Staff is recommending as a part of adopting a resolution, that such signage (see
attached) be posted at all existing restaurants and bars that serve alcohol for consumption. The
Temecula Valley Chamber of Commerce would assist in the dissemination of this information.
In addition, it is staff's recommendation that all future Conditionai Use Permit (CUP's) approvals
for establishments that serve alcohol be conditioned by Planning staff to post such
transportation options in an area visible to patrons.
While the City cannot clearly advocate for one particular transportation company, staff feels that
providing a resource directory of such options will provide a balanced effort in encouraging folks
C:\Documeots and Setlings\Aaron.AdamsILocal SellingslTemporary Internet Files\OLK949\Jon Boy AGenda Report,OOC
to drink responsibly and take advantage of such transportation services if they have had too
much to drink.
FISCAL IMPACT:
None
Attachment: Resolution No. 05-_
Resource Guide
C:\DoaJlT1ent$ and SellingslAaron.Adams\Local SellingslTemporillY Intemel FileslOLKS49\Jon Boy Agenda Report.DOC
RESOLUTION NO. 05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, SUPPORTING THE POSTING OF
TRANSPORTATION SERVICE PROVIDERS AT ALL
RESTAURANTS AND BARS THAT SERVE ALCOHOL
AND REQUIRING THAT ALL FUTURE CONDITIONAL
USE PERMIT APPROVALS INCLUDE A REQUIREMENT
FOR POSTING THESE RESOURCES IN A VISIBLE
AREA IN AN EFFORT TO REDUCE DRINKING &
DRIVING ACCIDENTS
WHEREAS, Jonathan Michael Varela was killed by a driver under the influence
of alcohol on April 28, 1996; and
WHEREAS, Jonathan's parents, Eddie & Nikki Varela and family members have
gone to great efforts to reduce the number of drinking & driving incidents within the City
of Temecula; and
WHEREAS, Mr. and Mrs. Varela have established "Jon Boy's" Confidential
Transportation as a no cost transportation alternative to drinking and driving; and
WHEREAS, in addition to "Jon Boy's" Confidential Transportation, there are
additional transportation companies available to patrons who have consumed too much
alcohol and need assistance in getting home safely; and
WHEREAS, the City of Temecula has prepared a list of such transportation
providers and requests that all restaurants & bars within the City post these resources in
a visible area to their patrons;
WHEREAS, the City of Temecula and the Temecula Valley Chamber of
Commerce will coordinate efforts to assist in the dissemination of this information; and
WHEREAS, from this day forth, the City of Temecula will make such
transportation postings a condition for all future Conditional Use Permit approvals for
establishments that serve alcohol; and
WHEREAS, the City of Temecula is committed to advertising such transportation
resources that will remind patrons to drink responsibly and consider a transportation
service if they have consumed too much alcohol; and
NOW, THEREFORE, be it resolved that the City Council of the City of Temecula
declares its support to reduce drinking and driving accidents & fatalities through the
postings of available transportation options for patrons at all establishments that serve
alcohol. In addition, the City Council has requested that the postings of these
transportations options become a requirement or condition placed on all future
Conditional Use Permit approvals.
R:\AOAMSAlCOUNCILlReso. Jon Boy transportation.doc
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 13th day of September, 2005.
Jeff Comerchero, 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. 05_ was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 13th day of September 2005, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R\ADAMSAlCOUNCILlReso. Jon Boy transportation.doc
2
ITEM 9
APPRqVhl...?~
CITY ATTORNEY -torI
DIRECTOR OF FINANCE .
CITY MANAGER tJD
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Herman Parker, Director of Community serviceB
September 13, 2005
DATE:
SUBJECT:
Concert Grand Piano for the Old Town Temecula Community
Theater
\3, Bruce A. Beers, Theater Manager
RECOMMENDATION: That the City Council authorize the City Manager to purchase a
Concert Grand Steinway Piano for use in the Old Town Temecula Community Theater for a sum not
to exceed $70,500.
PREPARED BY:
DISCUSSION: The Theater is intended to attract and present quality artists for the
benefit of the community. Most concert pianists that would typically play the Old Town Temecula
Community Theater require that a concert grand piano be made available to them for rehearsal and
concert. And most of these pianists specifically require a Steinway instrument.
On average, staff anticipates that the piano would be used one or two times per month. Rental
and cartage for a concert grand piano would cost between $1,700 and $2,250 per rental
depending on availability and proximity to the Theater. The pay-back period is calculated to be
between 21 and 28 months.
The price of a new Steinway concert grand piano is in the $110,000 range. Properly maintained
Steinway used pianos tend to develop a richer sound over time. Staff intends to employ a
qualified Steinway piano technician to audition several available pianos to determine the best
instrument and value for our purposes. Purchase of a quality Steinway instrument will ensure
that the Theater will be able to attract and accommodate distinctive artists and musical events.
FISCAL IMPACT: Sufficient funds have been budgeted and are appropriated in the
Community Theater Capital Improvement Project Fund, CIP Parks Projects, FF&E.
ITEM 1 0
CITY ATTA6:~~:A~.Ii ,iiJ
DIR.OF FINANCE
CITY MANAGER -
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Mam~City Council
Grant~, Assistant to the City Manager
TO:
DATE:
September 13, 2005
SUBJECT:
Temporary Staffing Agreements
PREPARED BY: Beth Gutierrez, Human Resources Specialist
RECOMMENDATION: That the City Council approve:
1) An agreement for temporary staffing services with AppleOne in the amount of $150,000 plus
10% contingency.
2) An agreement for temporary staffing services with Manpower in the amount of $200,000 plus
10% contingency.
BACKGROUND: We recently completed an RFP process for temporary services. There were
seven (7) submissions (Kimco, Venturi Staffing, TriStaff, OfficeTeam, Peak Technical, Manpower
and AppleOne) and all agencies were invited to give presentations., Based upon these
presentations, we are recommending two (2) primary agencies (Manpower and AppleOne) to
provide temporary staffing services for all operating department's temporary staffing needs. These
recommended contract amounts ensure that all City departments can utilize these two staffing
agencies to meet their operational needs.
The City of Temecula has utilized temporary staffing agencies to provide supplemental temporary
employment services on an as needed basis. Each Departments' operating budgets have included
funding for temporary employee needs through the current fiscal year. In addition, during the
recruitment phase of filling a position and when essential staff is out on extended periods, temporary
staff has been utilized to fill the void and manage the workflow until the authorized position is filled or
the absent staff member returns to work.
For the past few years, we have utilized AppleOne and Manpower consistently to meet the staffing
needs of our organization. They have proven to be competitive in their pricing and have provided a
high caliber of candidates to meet our temporary staffing needs. Therefore, we are confident that
the business relationship we have successfully developed with AppleOne and Manpower will
continue to provide a top quality service for our City. The attached agreements and amounts would
ensure that our ongoing need for temporary staffing would be satisfied through the end of this fiscal
year.
C:\Documents and Settings\Belh.Gutierrez\Local Setlings\Terrporary Internet FileS\OlK9\Tertl)Staffing Over $25K.doc 1
FISCAL IMPACT: Adequate funds are budgeted within each department to fund temporary staffing
services.
ATTACHMENTS: Agreements with AppleOne and Manpower.
C:\Docurrenls and Settings\Beth.Gutierrez\Local Setlings\Te~rary Internet Files\OLK9\TempStaffing Over $25K.doc 2
AGREEMENT
FOR TEMPORARY STAFFING SERVICES
BETWEEN THE CITY OF TEMECULA
AND MANPOWER
THIS AGREEMENT is made and effective as of July 1, 2005, between the City of
Temecula, a municipal corporation ("City") and Manpower (Contractor). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2006, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed $200,000 (Two Hundred
Thousand Dollars and no Cent) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement, but in no event shall the total sum of the agreement exceed twenty -five thousand
dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City
Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
P:\Agreeement SampJe\Consultant.Prof Services.2003
Updated 8/2003
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement. City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of a II work, data, documents, proceedings a nd activities related to this
P:\Agreeement Sample\Consultant.Prof Services.2003
Updated 8/2003
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 0001
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
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(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
projecVlocation or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Ernployer's Liability: One million dollars ($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 elirninate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, clairn adrninistration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; prernises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no speciallirnitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the 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 Consultant's insurance and shall not contribute
with it.
(3) Any failure to cornply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, ernployees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whorn c1airn is rnade or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
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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 A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the City with 0 riginal
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. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, I etters of support, testimony at depositions, response to interrogatories 0 r other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
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b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Manpower
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
16. GOVERNING LAW. The City and Consultant understand and agree thatthe
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
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17. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Manpower
By:
Name:
Title:
By:
Name:
Title:
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EXHIBIT A
TASKS TO BE PERFORMED
Provide temporary staffing services as needed and requested throughout the year.
P:\Agreeement Sample\Consultant.Prof Services.2003
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
The amount of this agreement is for $200,000 which will be paid based 0 n the hourly rates
established by the work being preformed.
P'\b.nr""""",m""nt ~::lmnJ",\r.nn_C:lllt::lnt_Prnf .!=;p.rvicp.s.2003
Updated 8/2003
AGREEMENT
FOR TEMPORARY STAFFING SERVICES
BETWEEN THE CITY OF TEMECULA
AND APPLE ONE
THIS AGREEMENT is made and effective as of July 1, 2005, between the City of
Temecula, a municipal corporation ("City") and Apple One (Contractor). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2006, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed $150,000 (One Hundred and
Fifty Thousand Dollars and no Cent) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement, but in no event shall the total sum of the agreement exceed twenty -five thousand
dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City
Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
P:\Agreeement Sample\Consultant.Prof Services.2003
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provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends ortenninates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection 0 f a II work, data, documents, proceedings a nd a ctivities related tot his
P:\Agreeement Sample\Consuftant.Prof Services.2003
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Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
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(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
projecVlocation or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of Califomia;
Employer's Liability: One million dollars ($1 ,000,000) per accidentfor
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 Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. 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 Consultant'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 Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the pOlicies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, retum receipt requested,
has been given to the City.
P:\Agreeement Sample\Consultant.Prof Services.2003
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e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with 0 riginal
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. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself infonned of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, I eUers of support, testimony at depositions, response to interrogatories 0 r other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
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b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
13. NOTICES, Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Apple One
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
16. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
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17. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Apple One
By:
Name:
Title:
By:
Name:
Title:
P:\Agreeement Sample\Consultant.Prof Services.2003
Updated 8/2003
EXHIBIT A
TASKS TO BE PERFORMED
Provide temporary staffing services as needed and requested throughout the year.
P:\Agreeement Sample\Consultant.Prof Services.2003
Updated 8/2003
EXHIBIT B
PAYMENT RATES AND SCHEDULE
The amount of this agreement is for $150,000 which will be paid based 0 n the hourly rates
established by the work being preformed.
P:\A.greeement Sample\Consultant.Prof Services.2003
Updated 8/2003
ITEM 11
APPROVAL
CITY ATTORNEY '----icjlt!ii!..--
DIRECTOR OF F~ fcJ.p..
CITY MANAGER ·
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
John Meyer, Redevelopment Director ~
DATE:
September 13, 2005
SUBJECT:
Professional Service Agreement for Overland Pacific Cutler, Inc. for Relocation
Services
RECOMMENDATION:
That the City Council:
1. Approve a Professional Service Agreement for Overland Pacific and Cutler, Inc. to
provide relocation services in the amount of $45,000.
2. Authorize the City Manager to approve amendments to the agreement not to exceed the
contingency of forty-five hundred dollars ($4,500) which is equal to 10% of the
Agreement amount.
3. Approve an appropriation from the unreserved General Fund balance in an amount not
to exceed $299,500 for relocation services and assistance.
BACKGROUND: The Agency is currently acquiring two properties in Old Town located at
41910 and 41934 Main Street. One property has a single tenant and the other has a two story
office building with 11 tenants
Per State Law, the tenants may be entitled to and eligible for relocation assistance. To facilitate
this process, we are proposing to retain the services of Overland, Pacific and Cutler, Inc (OPC).
We have used OPC and its predecessor, Pacific Relocation Consultants, in this capacity on
previous relocation projects. Upon close of escrow, OPC and City staff will meet with the
tenants to explain the relocation process with them. After that, OPC will meet individually with
the tenants to negotiate a relocation settlement. OPC has recommended a relocation budget of
$250,000.
FISCAL IMPACT: The $ 299,500 for relocation services and assistance will be funded from the
unreserved General Fund balance.
Attachment: PSA Agreement
A:\OPC\OPC PSA staff report.doc
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND OVERLAND PACIFIC & CUTLER, INC.
FOR THE CIVIC CENTER PLAZA RELOCATION PROJECT
THIS AGREEMENT is made and effective as of September 13, 2005, between the
City of T emecula, a municipal corporation ("City") and Overland Pacific & Cutler, Inc. ("Consultant").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on September, 13, 2005, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
September 13, 2006, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of T emecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed Forty Five Thousand Dollars
R:\Agreements\OverIandpacificconsultant.Prof ServicesaugOS.dot
and 00/100 ($45,000.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement. Any additional work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
R:\Agreemeots\Over1andpaciflcconsultanLProf ServicesaugOS.dot
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi.
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts therefrom as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, and employees from and against any and all claims,
demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or
liability of any kind or nature which the City, its officers, agents and employees may sustain or incur
or which may be imposed upon them for injury to or death of persons, or damage to property arising
out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto).. If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
R:\Agreements\OverIandpacificconsultanLProf ServicesaugOS.dOl
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
projecVlocation or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
(4) Professional Liability coverage: One million ($1,000,000) per
claim and in aggregate.
c. Deductibles and Self.lnsured 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 Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, and employees are to be covered as
insured's as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of
the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the
Consultant. 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 Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self.insured
R:\Agreements\Overlandpacificconsultant.Prof ServicesaugOS.dot
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after 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 A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. The endorsements are to be on forms approved by the City. All
endorsements are to be received and approved by the City before work commences. As an
alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these .
specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents. or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers. employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. lEGAL RESPONSIBiliTIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
R:\Agreements\Overlandpacificconsultant. Prof ServicesauJZOS .dot
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to be present at any deposition, hearing or similar proceeding. Consultant
agrees to cooperate fully with City and, subject to the concurrence of the Consultant's Counsel, to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Vince McCaw, Project Manager
3170 4th Avenue, Suite 200
San Diego, CA 92103
(619) 688-7980
R:\Agreemenls\OverlandpacificconsullanlProf ServicesaugOS.dot
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
(Remainder of the page intentionally left blank)
R:\Agreements\OverlandpacificconsuJtantProf ServicesaugOS.dot
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Overland Pacific & Cutler, Inc.
100 W Broadway, Suite 500
Long Beach, CA 90802-4451
(619) 688-7980
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
R:\Agreements\Overlandpacificconsultant.Prof Servicesau20S .dot
EXHIBIT A
TASKS TO BE PERFORMED
PAYMENT RATES AND SCHEDULE
R:\Agreements\OverlandpacificconsultantProf Servicesaug05.dot
FEB 2 5 2005
REDEVELOPMENT
3170 4th Avenue, Suite 200
San Diego, CA 921 03
619.688.7980 ph
619.688.7985 fax
WW'N.OPCservices.com
February 18, 2005
Mr. John Meyer
City ofTemecula
43200 Business Park Drive
Temecula, CA 92590
RE: Proposal for the Civic Center Plaza Relocation Project
Dear Mr. Meyer:
Thank you for allowing Overland, Pacific & Cutler, Inc. to submit our proposal for the City of
Temecula's Civic Center Plaza relocation services project. Included in our submittal are firm
qualifications, information on our project personnel and a fee schedule.
Thank you again for the opportunity to submit our proposal for this important project. We are
ready to commit our staff to this project and we look forward to speaking to you soon.
Sincerely,
Overland, Pacific & Cutler, Inc.
1.:2::
Senior Project Manager
Table of Contents
Table of Contents............................................................................................................................. 2
Finn Overview .............................................. ......................................... .......................................... 3
Project Personnel............................................................................................................................. 4
Relevant Project Experience............................................................................................................ 9
Scope of Services........................................................................................................................... 12
Proj ect Budget....................................................................................................................... ........ 14
Hourly Rate Schedule .....................................................................Error! Bookmark not defined.
CALIFORNIA:
Overland, Pacific & Cutler, Inc.
100 West Broadway, Suite 500
Long Beach, CA 90802
800.400.7356 Toll Free
562.304.2000 ph
562.304.2020 fax
Overland, Pacific & Cutler, Inc.
31704'" Avenue, Suite 200
San Diego, CA 92103
619.688.7980 ph
619.688.7985 fax
Overland, Pacific & Cutler, Inc.
8950 CaI Center Dr., Suite 102
Sacramento, CA 95826
916.857.1520 ph
916.857.1525 fax
NEVADA:
Overland, Pacific & Cutler, Inc.
8530 W. Sahara Avenue, BO-132
Las Vegas, NY 89117
702.391.8158 ph
702.360-2360 fax
OHIO:
Overland, Pacific & Cutler. Inc.
5335 Far Hills Ave., Suite 220
Dayton, Ohio 45429
937.436.5216 ph
866.644.6672 Toll Free
937.436.5740 fax
OffICe Locations
Overland, Pacific & Cutler, Inc.
24422 Avenida de la Carlota, Suite 275
Laguna Hills, CA 92653
949.951.5263 ph
949.951.6651 fax
Overland, Pacific & Cutler, Inc.
5400 W. 98'" Street
Los Angeles, CA 90045
310.417.0753 ph
310.216.7831 fax
Overland, Pacific & Cutler, Inc.
1626 Newport Blvd.
Costa Mesa, CA
949.645.1414 ph
949.6451244 fax
WASHINGTON:
Overland, Pacific & Cutler, Inc.
10900 North-East 8th Stree~ Suite 900
Bellevue, W A 98004
425.462.5667 ph
562.304.2020 fax
TEXAS:
Overland, Pacific & Cutler, Inc.
3000 South 31" Street, Suite 307
Temple, TX 76502
254.778.6060 ph
254.778.6868 fax
2
Overland, Pacific & Cutler, Inc.
7901 Oakport Stree~ Suite 4800
Oakland, CA 94621
510.638.3081 ph
510.638.0750 fax
Overland, Pacific & Cutler, Inc.
41555 Cook Stree~ Suite 250
Palm Desert, CA 92260
760.776.1238 ph
760.776.1636 fax
PENNSYLVANIA:
Overland, Pacific & Cutler Northeas~
LLC
2900 Beale Avenue
Altoona, P A 16601
866.944.8006 Toll Free
814.944.8006 ph
814.944.2082 fax
Overland, Pacific & Cutler, Inc.
1717 Swede Road, Suite 213
Biue Bell, PA 19422-3372
610.239.0848
610.239.0845
.
Firm Overview
Overland, Pacific & Cutler, Inc. ("OPC") is a full-service acquisition, relocation and property
management finn serving public and private sector clients. Our finn is made up of a diverse staff
of over 120 full-time multilinl!ual acauisition. relocation and property manal!ement
professionals. The principals and project managers of OPC all have significant hands-on case
and project oversight experience. We conduct training courses and seminars for numerous
professional associations with which we are affiliated and make frequent public presentations to
support projects and educate project stakeholders.
OPC provides an integrated start-to-finish scope of services, which includes: project cost studies
and estimates, project management, real property and F&E appraisal, property and right of way
acquisitions and negotiations, title & escrow, relocation assistance plans and implementation,
goodwill analysis, property management, and expert witness testimony. Services can be
contracted individually or as part of a suite of services.
The finn's clients include both for-profit and non-profit developers and local, regional, state, and
federal public agencies and school districts. With offices in California, Texas, Pennsylvania and
Ohio, OPC implements programs successfully according to its client's expectations, on time and
within budget.
tool' "i,' th~ o'San
Agency, partnering with Sol Price Charities, is developing the next phase of this exciting project. Once
completed, there will be one-hundred and sixteen (116), two to four bedroom, town homes for low-income
families, an underground parking structure and a multi-story office building exclusively for non-profit
organizations. .
OPC was retained by the San Diego City Attorney's Office to coordinate the appraisal of the real estate, fixtures
and equipment as well as the goodwill analysis. Along with these management tasks, OPC was retained to
relocate 23 businesses including
pharmacy.
restaurants, auto uses, clothing and bargain stores~a ,gflwn shop and a
~\\ f~ -.
Red I CITY OF SAN DIEGOt ~~ I/~ HoIfl/>b..o"--l>
evelopmen ,; , .,'. =-
Agency :.;;: ~~ -.
IoSclnlfNllo.'
ij,-
','it"
3
.
Project Personnel
Following is a list of resumes for the proposed project staff for the proposed project. Mr. Vince
McCaw will be the designated Project Manager for this assignment.
Barry McDaniel
Principal-in-Charge
California State University, Dominguez Hills - M.B.A.; Arizona State
University - B.S in Urban Systems Engineering
Mr. McDaniel has over three decades of experience with relocation consulting,
project planning and engineering and construction management. Since 1982,
Mr. McDaniel has directed large scale relocation programs including program
development, budgeting, relocation planning, relocation case implementation,
property management, housing inspections, staff and client training, and quality
control. These relocation activities were undertaken while employed with a
public agency and while consulting to over 150 public agencies, including,
airport authorities, housing authorities, school districts, transportation agencies,
redevelopment and economic development agencies, and other special districts
throughout California. As Chief Executive Officer of OPC, Mr. McDaniel is
responsible for setting company goals and objectives, communicating and
building trust with clients and staff, planning and anticipating the needs of the
firm to better serve clients, tracking and reviewing feedback, selecting and
retaining the most highly qualified staff in the industry, and fostering an
atmosphere of success. The success of OPC is not only derived from its
management, but from the ethics and standards of its founding principals. Mr.
McDaniel has extensive experience in coordinating with public agency
management and regulatory agencies overseeing relocation activities. Mr.
McDaniel's duties have included acting as Project Director for inter-disciplinary
teams of acquisition/relocation consultants for projects involving both large
numbers of residential and business displacements. These projects have
involved a variety of funding sources that required compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (URA) and state and local public agency relocation assistance law and
guidelines.
4
.
Vince McCaw
Project Manager
Bachelor of Arts in Public Administration, concentration in Finance. Asset
Management Training - 5-day course. Community Development Program - 3-
week course. Advanced Rental Finance Training - 3-day bond and tax credit
course. Affiliations include: Washoe County Home Consortium; International
Right of Way Association; San Diego Housing Consortium (June 1998-May
1999); San Diego Regional Partners in Homeownership (June 1998-May 1999)
Mr. McCaw has over 15 years of real estate rehabilitation and relocation
assistance experience. As a Senior Project Manager for the firm, Mr. McCaw
manages the San Diego regional office, overseeing a staff of eight relocation
consultants. He provides relocation advisory and financial assistance to
displaced persons and businesses, as a result of acquisition of real property for
public use, assists with the preparation of relocation plans, cost studies and
relocation impact studies. He ensures compliance with applicable federal, state
and local guidelines, policies and procedures concerning relocation. Mr. McCaw
also speaks at public meetings and citizen participation groups. Following are
some notable projects that Mr. McCaw has managed:
Centre City Development Corporation - Ballpark Project, Ballpark Lofts
Project, Park to Bay Project, Tailgate Park Project - Project Manager and
relocation case implementation for projects that displaced over 130 business and
residential occupants.
Community Housing of North County - Winona Project, Maplewood Project,
Solutions Family Center Project - Project Manager and relocation case
implementation for various projects during substantial rehabilitation of
affordable housing projects. Over 60 residential units were relocated, either
permanently or temporarily. One project involved the temporary relocation of
an 80 unit property, with a 100% Somalia population.
San Diego Metropolitan Transit Development Board - Mission Valley East
Project, Project Manager and relocation case implementation for approximately
20 industrial and business uses for this San Diego East County trolley expansion
project.
Southern California Housing Development Corporation - Numerous Projects -
Project Manager and relocation case implementation for over 100 residential
units that were permanently or temporarily displaced as a result of the
acquisition and rehabilitation of various properties that were converted from
market rate housing to affordable housing.
City of Vista - Sunset Vista Apartments - Project Manager for a City
Redevelopment site, which displaced over 55 residential occupants; Sycamore
Creek Mobilehome Park - Project Manager, acquisition and relocation case
implementation of 15 owner-occupied mobilehome coaches.
5
.
Daniel Furr
Senior Consultant
University of San Diego School of Law, San Diego, CA Juris Doctor, May 1998
University of California, Los Angeles Los Angeles, CA Bachelor of Arts in
Psychology, June 1995
Mr. Furr has over 3 years of experience managing relocation projects. As a
Senior Relocation Consultant for the finn, Mr. Furr is responsible for business
and residential relocations and replacement housing referrals. He possesses
excellent interview skills and is knowledgeable of both federal and state
regulations relating to relocation assistance and benefits. His experience
includes drafting relocation plans, assisting at community meetings and project
kick off meetings, extensive coordination with housing authorities for Section 8
beneficiaries and public housing beneficiaries. Mr. Furr has handled a wide
variety of relocation cases ranging from tenants, homeowners, businesses, non-
profits and affordable housing tenants. Following are some notable projects that
Mr. Furr has perfonned on:
San Diego City Schools - Mary L. Fay Elementary School Project - Relocation
Consultant responsible for the relocation of 23 residential tenants including
Section 8 and Public housing beneficiaries and 3 owner occupants.
Cherokee Point Elementary School Project - Relocation Consultant responsible
for the relocation of28 residential tenants.
Herbert Ibarra Elementary School Project - Relocation Consultant responsible
for the relocation of36 tenants and 1 homeowner.
Lincoln High School Expansion Project - Relocation Consultant responsible for
2 homeowner and 7 residential relocations.
San Diego Redevelopment Agency - College Center Redevelopment Project -
Surveyed 13 businesses for Relocation Plan, provided Resource data and Table
for 30 businesses.
Orange County Transit Authority (OCT A) - Surveyed 17 businesses in support
of the relocation plan.
Paseo/SDSU - Surveyed 7 businesses and 4 non-profits and provided resource
data for the Relocation Plan.
Centre City Development Corporation - Ball Park Lofts Project, Tailgate Park
Project - Relocation Consultant responsible for 6 business relocation cases.
National City - Downtown Project - Relocation Consultant responsible for 3
business relocation cases.
6
.
Fabiola Leija
Senior Consultant
(Bilingual English-
Spanish)
San Diego State University - B.A. in Broadcast Journalism & minor in Political
Science 1995; Southwestern College - Real Estate courses in Principles,
Practice, Finance, Property Management & Real Estate Law 2003-2004; The
International Right of Way Association - courses in Relocation, Advance
Relocation & Mobile Home Relocation 2003-2004
Ms. Leija is a Relocation Consultant for Overland, Pacific & Cutler, Inc. She
provides replacement housing referrals, relocation advisory and financial
assistance for residential tenants and homeowner who have been displaced as a
result of acquisition of real property for public use. Ms. Leija is knowledgeable
of both federal and state regulations relating to relocation assistance and
benefits and is bilingual in English and Spanish. Following are some notable
projects that Ms. Leija has performed on:
Metropolitan Transit District Board - Webber Properties Project - Relocation
Consultant responsible for relocation assistance for 6 residential tenants.
Southern California Housing Development Corp. - Escondido-Washington
Plaza Project - Relocation Consultant responsible for 17 residential tenants.
San Marcos- Autumn Ridge Project - Relocation Consultant responsible for 18
residential tenants.
South Bay Community Housing - Relocation Consultant responsible for 7
residential tenants.
San Y sidro School District - Relocation Consultant responsible for 5 residential
tenants.
Centre City Development Corporation - Ball Park Project -Relocation
Consultant responsible for over 100 storage units.
San Diego Community College District - Relocation Consultant for Educational
Cultural Complex Expansion which consists of 20 relocations.
San Diego City Schools - Cherokee Point Elementary - Relocation Consultant
responsible for 36 residential tenants and 6 homeowners; Herbert Ibarra
Elementary - Relocation Consultant responsible for 47 residential tenants and 2
homeowners; Normal Heights Elementary - Relocation Consultant responsible
for 13 residential tenants; Lincoln High School Rebuild - Relocation Consultant
responsible for 7 homeowners and 5 residential tenants; Florence Griffith-
Joyner Elementary - Relocation Consultant responsible for 22 residential
tenants; Mary L. Fay Elementary - Relocation Consultant responsible for I
homeowner and 29 residential tenants.
7
.
Virginia Horn
Consultant
Minerva Cortes
Property Manager
(Bilingual English-
Spanish)
Currently pursuing associates degree in Real Estate at Cuyamaca College, EI
Cajon, California; Licensed California Notary Public and Licensed California
Real Estate Salesperson
Ms Horn has two years experience as relocation consultant. Ms. Horn has a
good understanding of the Federal Uniform Relocation Act. She has supported
preparation of relocation plans, relocation assistance for residential and business
displaces, Section 8 inspections and property management. Ms. Horn is also in
the process of training for right-of-way and property acquisition duties for
upcoming projects. She is currently a licensed California real estate salesperson
as well as a licensed notary public. Following are some notable projects that Ms.
Horn has performed on:
San Diego City Schools - Herbert Ibarra Elementary - 44 renterslhomeowner
relocation; Adams-Franklin Elementary - 35 renters/homeowner relocation;
Lincoln High School - 11 renterslhomeowner relocation; Mary Lanyon Fay
Elementary - 117 renterslhomeowner relocation
City of Vista - Sycamore Creek - acquisition and relocation of 13 mobile
homes.
San Diego Community College District - Education Cultural Complex - 20
residential and I business relocation. Ms. Horn provided project coordination
support and surveys.
Cesar Chavez - 2 business relocations. Ms. Horn provided project coordination
support.
District Service Center - 2 business relocations. Ms. Horn provided project
coordination support.
Ms. Cortes is the Property Manager responsible for all of the property
management at Overland, Pacific & Cutler, Inc.' s San Diego office. She has
over three years experience in the property management field and handles
ninety-day notices/advisory notices, invoices, rents/rent refunds, tenant issues,
security deposits, property abandonment reports, utility service requests, and
supervision of cleanup of the sites. Ms. Cortes has primarily handled property
management projects for the San Diego City School District as described below.
San Diego City Schools - Cherokee Point Elementary School Project - Property
Manager responsible for property management for 138 cases.
Florence Griffith-Joyner Elementary School Project - Property Manager
responsible for property management for 132 cases.
Herbert Ibarra Elementary School Project - Property Manager responsible for
property management for 225 cases.
Mary Lanyon Fay Elementary School Project - Property Manager responsible
for property management for 167 cases.
8
.
Relevant Project Experience
This section contains a partial list of salient relocation assistance projects completed by the firm
in the San Diego area. The projects stated demonstrate the firm's capacity to successfully
complete relocation assistance and related activities for similar size and scope projects. We
included the names and telephone numbers of all of our clients and encourage you to follow-up
with several of them - they will attest to the expertise and professionalism of Overland, Pacific &
Cutler, Inc.
Centre City
Development
Corporation, San
Diego, California
Various Relocation
Projects
David Allsbrook
Manager, Contracting
and Public Works
Centre City
Development
Corporation
225 Broadway, Suite
1100
San Diego, CA 92101
(619) 533-7112
San Diego City Schools,
California
Various Projects
Sue Lawrence
San Diego City Schools
4860 Ruffner Street
San Diego, California
921111
(858) 573-5851
Overland, Pacific & Cutler, Inc. is currently providing relocation assistance
to the Centre City Development Corporation (CCDC). Over the past several
years, OPC has successfully executed numerous relocation assistance
projects for the CCDC. Following is a partial list of projects:
East Village Redevelopment District Project - relocation plan, relocation of
33 residential, I homeowner, 72 businesses and 3 non-profit organizations
and provide litigation support
Ballpark Lofts Project - relocation of 5 businesses and I residential case and
provide litigation support
Park to Bay Project - relocation of 5 business tenants and provide litigation
support
Tailgate Park Project - relocation of 12 businesses, including 2 non-profit
organizations and I residential case and provide litigation support
OPC is currently providing relocation plan preparation, complete relocation
services and property management services for the Cherokee Point
Elementary School, Herbert Ibarra Elementary School, Lincoln High School
Expansion and Adams/Franklin Elementary School projects. The projects
entail the relocation of approximately 575 residences and businesses.
Property management activities include 90-day notices/rental agreements,
rent collections, key collection, property abandonment reports,
repair/maintenance coordination, utility service requests, security service
coordination, vendor accounts payable and invoicing.
In the past, OPC administered and implemented the relocation and interim
property management program for projects involving the displacement of 14
businesses and over 400 residential tenants necessary for new school
construction in 4 separate projects.
9
.
City of San Diego
Redevelopment
Agency, California
City Heights Urban
Village Town Home &
Office Project
Lisa O'Neal, Esq.,
Deputy City Attorney
San Diego
Redevelopment Agency
1200 3rd Ave., 15th
Floor
San Diego, CA 92101
(619) 236-7729
San Diego
Metropolitan Transit
Development Board,
CA
El Cajon, Santee, Old
Town and Mission
Valley East and West
Light Rail Lines
Mr. Bill Rose, Former
Project Manager for
MTDB
Now with San Diego
County Water Authority
4677 Overland Ave.
San Diego, 92123
(858) 522-690 I
Overland, Pacific & Cutler, Inc. was selected to provide management and
coordination, and business relocation services for the City Heights Urban
Village Town Homes and Office Projecf in the heart of San Diego. The
Redevelopment Agency, partnering with Sol Price Charities, is developing
the next phase of this exciting project. Once completed, there will be one-
hundred and sixteen (I 16), two to four bedroom, town homes for low-
income families, an underground parking structure and a multi-stol)' office
building exclusively for non-profit organizations.
OPC was retained by the San Diego City Attorney's Office to coordinate the
appraisal of the real estate, fixtures and equipment as well as the goodwill
analysis. Along with these management tasks, OPC was retained to relocate
23 businesses including restaurants, auto uses, clothing and bargain stores, a
pawn shop and a pharmacy.
Overland, Pacific & Cutler, Inc. was selected for five projects for the
construction and development of a light rail system throughout Southern San
Diego County. OPC's involvement included project planning and budget
estimates, and the displacement and relocation of approximately 65
commercial, light industrial and residential tenants. Projects involved both
FT A and Local oversight.
IO
.
Escondido Union
Elementary School
District
Gina Manusov,
Director of Facilities
Planning and
Construction
1330 E. Grand Avenue
Escondido, CA 92027
(760) 432-2159
San Diego Housing
Commission,
California
Relocation Services
Dan Turpin, Housing
Construction Supervisor
San Diego Housing
Commission
9541 Ridgehaven Court
San Diego, CA 92123
(619) 578-7481
San Diego Housing
Commission,
California
On-Call Relocation
Services
Marie Cavarlez
Program Analyst
San Diego Housing
Commission
1625 Newton Avenue
San Diego, CA 92113
(619) 578-7566
Overland, Pacific & Cutler, Inc. provided relocation assistance for 28
residential cases for the elementary school project.
The Commission retained the services of Overland, Pacific and Cutler.in
connection with construction defect litigation at multiple sites. OPC was
retained to provide relocation services for the tenants who were temporarily
displaced in order for the Commission to conduct inspections and testing of
affected units.
Additionally, OPC worked with the Commission's legal counsel to provide
expert witness services.
Overland, Pacific & Cutler, Inc. has provided on-call relocation consulting
services to the Commission for the past four years. Services have included
staff in-service programs and opinions concerning the adequacy of
development proposals and relocation plans.
II
.
Scope of Services
Relocation Plan Preparation (Optional)
A conscientiously prepared relocation plan is a valuable tool in the acquisition process. A well-
mapped plan can help the acquisition team phase the project so that an adequate supply of
housing is available. It can also identify potential commercial pitfalls in the project scheduling
process.
The active steps in the relocation plan preparation process are:
I. Interview all potentially affected occupants to determine relocation needs. This includes a
business needs analysis including: the number of employees at the location, special
licensing or zoning needs, needed permits, information on trade areas, special moving
requirements, etc. The interview also queries household information such as: the number,
ages and gender of all occupants, income of the household, distance to employment and
utilized neighborhood services, special needs of the household, etc.
2. Research the marketplace for available replacement locations andlor establish rent
schedules for compiling project costs.
3. Compile available housing and business replacement sites.
4. Calculate potential project costs.
5. Draft relocation plan for presentation to client.
6. Make the plan available for public inspection.
7. Make any needed revisions brought up during the public inspection period.
Relocation Assistance Program Implementation
Overland, Pacific & Cutler, Inc. will follow the Uniform Relocation and Real Property
Acquisition Policies and Title 25 - Housing and Community Development (California Code of
Regulations) to implement a controlled relocation assistance program consistent with law and
with the City's goals. Specific tasks include:
Conduct the following activities necessary for the effective relocation of non-residential
occupants:
I. Conduct personal, on-site interviews of prospective displacees to ascertain relocation
needs and special requirements.
2. Inform displaced businesses of available relocation assistance services and benefits,
and explain relocation process.
3. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day
Notices to Vacate, and other notices, as may be required.
4. Assist displacees in locating replacement business sites and provide a required number
of written referrals to same.
12
.
5. Provide on-going advisory assistance to business displacees, including lists of
qualified movers and vendors.
6. Prepare specifications for the move and inventory of personal property, insuring
thorough coordination with City staff and/or legal counsel, that no real property is
included on the personal property inventory list.
7. Coordinate the walk-through for a minimum of two bids and move estimates with
movers and the displaced business.
8. Monitor the actual move to replacement site and re-establishment activities, as
necessary .
9. Determine eligibility for and proposed amount ofrelocation benefits, including actual
and reasonable moving payments, re-establishment payments, and fixed payments.
10. Prepare all applicable benefit claim forms, secure claimant's signatures on claim
forms, and submit claim forms to City for processing and payment.
11. Deliver benefit checks and other appropriate payments to claimants.
12. Maintain necessary case documentation and provide City with periodic standard status
reports.
Property Management (OPTIONAL)
A. Pre-Possession Activities:
1. Determine whether there are any vacant units at the time of acquisition, and prepare and
present Rent to Hold Open Agreements to property owner and secure agreement
(covering units vacant at time of first written offer).
2. Prepare and present Loss of Rent Agreements to property owners and secure agreement
(covering units vacated through efforts of relocation agents prior to closing of escrow).
3. Coordinate with relocation agent to capture and track vacate dates for claim processing.
B. Post Possession Activities:
1. Prepare and deliver rental agreements tailored to project objectives (if desired).
2. Collect and deliver monthly rent payments to the Client.
3. Work with or provide (as appropriate) on-site managers.
4. Collect keys and verify abandonment.
5. Provide utility disconnection and meter removal.
6. Administer emergency and unsafe condition repairs.
7. Contract board-up and other security services, as units become vacant.
8. (optional - extra work item) Provide asbestos and demolition cost estimates and
coordination of asbestos abatement and demolition contractors.
13
.
EXHIBIT B
PAYMENT RATES AND SCHEDULE
R:\Agreements\Overlandpacificconsultant.Prof ServicesaugOS .dot
Project Budget
( i\ if ( l'flllT Pla.l<l HdOl':lliOIl Sf'n in's
Projl'l't Blltlgd
Relocation Plan
Relocation Assistance
(Based upon 12 business relocations @ $3,200
each)
Project Management
TOTAL
$2,500
$38,400
$3,840
$44,740
For activities associated with the identified Scope of Services, OPC may submit monthly invoices
for the relocation services rendered based on the hourly rate schedule provided below as well as
the not to exceed fee indicated above. However, in no event will OPC's total hourly billing
exceed the total not-to-exceed fee without prior authorization from the Client. Additional cases
identified during the implementation of the Project, delays or long-term negotiations in the
acquisition which take the relocation process past six months, and/or substantial changes in the
required scope of work are items which may result in the revision ofthe proposed fee.
14
.
Hourly Rate Schedule
21111:' Sdll'llllk of 1I01lrl~ Ibl,"
(ht'rlalHl. P:u'ilir t.\:.: ("utler.IIIl'.
Corporate Officer
Regional Manager
Sr. Project Manager
Project Manager
Senior AcquisitionlRelocation Consultant
AcquisitionlRelocation Consultant! Analyst
Real Estate Technician/Escrow Officer/Project Support
SecretariaVClerical
$175 per hour
$130 per hour
$115 per hour
$105 per hour
$95 per hour
$85 per hour
$60 per hour
$40 per hour
The firm considers photocopying, postage, telephone, facsimile and cellular communication
charges as a normal part of doing business. These charges are included in the stated hourly rates.
Out-of-pocket expenses, including pre-approved travel and lodging, outside exhibit preparation,
requested overnight courier charges, and specialty reproduction will be charged at cost plus 10%
to cover administration, coordination and handling. Subcontracted services will be invoiced at
cost plus 10%.
Any consulting services or advice necessary for appeal, or to support litigation, such as
depositions, pre-trial research and court testimony, are not part of our normal fees and shall be
invoiced at two times our hourly rates.
If you should have any further questions about this proposal or any portion of it, please do not
hesitate to contact me at 619-688-7980.
15
.
ITEM 12
APPROVAL
CITY ATTORNEY '-())f/
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Jim O'Grady. Assistant City Manager
DATE:
September 13, 2005
SUBJECT: FY2005-06 Economic Development Operating/Marketing Agreements
PREPARED BY: Gloria Wolnick, Marketing Coordinator
RECOMMENDATION: 1) That the City Council approve the
operating/marketing agreements and authorize the Mayor to execute the agreements
with the following organizations:
a) The Temecuia Valiey Chamber of Commerce in ihe amouni of $148,000.
b) The Economic Development Corporation of Southwest California in the amount
of $22,500.
BACKGROUND: For a number of years, the City has had a philosophy of
partnering with other agencies to lend synergy to our economic development efforts.
The Economic Development Subcommittee, consisting of Council members Jeff
Comerchero and Ron Roberts, and Staff met to discuss the Economic Development
funding requests on April 20, 2005. The subcommittee's recommendations were
incorporated in the City's FY 2005-06 Operating Budget, which was approved by the City
Council on Tuesday, June 14,2005.
Each organization has provided a summary of materials including their work plan,
financials and services that they provide (see Attachment 1 A and 2A). Also, attached
are operating/marketing agreements for each organization for the FY2005-06 term.
Funding of each of their programs will be allocated as follows:
Temecula Valley Chamber of Commerce
Economic Development Corporation of Southwest California
Total
$148,000
$ 22.500
$170,500
These agencies and their recommended programs, which are funded for FY2005/06 are
as outlined in this report.
Temecula Vallev Chamber of Commerce
The mission of the Chamber is to promote the economic environment of all member
businesses and by so doing, support the programs, which preserve and improve the
quality of life.
The Chamber primarily supports the area's small business community, as well as
provides walk-in visitor and tourist information. In addition, the Chamber responds to
relocation and business inquiries and sends corresponding information to prospective
visitors, residents and potential businesses.
The Chamber encourages existing businesses and residents to "Shop Temecula First"
and provides avenues for businesses to promote their products and services. The
Chamber serves as a representative for business legislative issues that affect the overall
welfare of the business community. In cooperation with the School District, the Chamber
plans, coordinates and assists in programs that foster and encourage a viable working
partnership among businesses, educators and students. The Chamber supports a
Leadership Development Academy Program, a diversified performance improvement
program, designed to enhance business capabilities in not just the business sector but
also foster leadership skills for participation in the business community and civic arena.
The Chamber serves as an informational resource center with a friendly experience and
unmatched services. They provide the community and visitors with a new state of the
art Chamber facility and have expanded its tourism services through a Convention &
Visitors Bureau (CVB). The CVB responds to requests for tourism, coordinates FAM
tours, attends tourism trade shows and provides booking services.
The Chamber is made up of over 1,350 members and has represented the interests of
the local business community.
The Chamber received $148,000 for FY 2004-05. The Chamber's request in the amount
of $148,000 was budgeted in the FY 2005-06 Operating Budget.
Economic Development Corporation of Southwest California
The EDC is a public/private non-profit organization serving cities and unincorporated
communities within the Southwest California area. The mission of the Economic
Development Corporation of Southwest California is to maximize the region's economic
development assets by delivering a wide range of development resources and action
programs. Such developrnent resources and action programs will support significant,
high-quality business expansion, retention, and development throughout the region.
The vision of The Econornic Deveiopment Corporation of Southwest California is
dedicated to utilizing the region's human, financial, capital, educational, governmental,
and natural resources to help build sustainable long-term community wealth in
Southwest California through regional partnerships.
The EDC approved a regional strategic plan in February 2003 in cooperation with the
Southwest California Economic Alliance, cities of Temecula, Murrieta, & Lake Elsinore,
the County of Riverside, public and private businesses and interested citizens. As a
result of the regional strategic plan, the EDC created the following action committees
that meet monthly: Business Attraction Advisory Committee, Education Committee,
Transportation & Infrastructure Committee, Industrial Action Committee, and Permit &
Planning Committee.
The EDC hosts the Loopnet site, which provides links that will allow users to search the
Southwest California area for available commercial property. Contact information is
provided for the Brokers handling the property.
The Visitation Program, conducted by the EDC's Business Relations Committee, is very
successful. Temecula's Business Retention Program includes 2 - 4 site visitations to
local businesses per month. Businesses are contacted by phone, surveyor personal
visits. EDC members, City staff, Chamber members and volunteers visit local
businesses. Information is compiled after each visit, which is utilized in the City's
retention efforts. During visits, information on labor/education needs and available
training programs that can be utilized as well as business issues relating to city services,
permits and city programs are also discussed.
The EDC received $22,500 for FY 2004-05. The EDC's request of $22,500 was
budgeted in the FY 2005-06 Operating Budget. This will provide funding for the
operations of the organization including business retention/development programs, a
newsletter, and quarterly informational luncheon meetings.
FISCAL IMPACT: Appropriate funding for the organizations is available in the
FY 2005-06 Economic Development Department Operating Budget #001-111-999-5264.
ATTACHMENTS:
1A
Temecula Valley Chamber of Commerce Support
Information
City/Chamber Operating Agreement
1B
2A Economic Development Corporation of Southwest
California Support Information
2B City/Economic Development Corporation of Southwest
California Operating Agreement
ATTACHMENT1A
CHAMBER OF COMMERCE SUPPORT INFORMATION
Questions
Application Page 3
How will your organization use the funding awarded? The TVCC Chamber will continue
to focus on providing programs, which help the business community flourish, creating a
strong economic base for the City ofTemecula and the region.
Professional Organization
I. Describe your organization, goals, operations, and activities and how it benefits the
economic development of Temecula?
Mission Statement: The Mission of the Temecula Vallev Chamber of Commerce is
to promote the economic environment of all member businesses and bv doing so.
support the programs which preserve and improve the Quality of life.
Goals: To encourage the growth of existing member industries and businesses. To
assist anv legitimate firms or individuals seeking to locate in the Temecula Vallev.
To serve as a responsible representative for all business legislation and activity that
affects the overall welfare of our members. To serve as an informational resource
center for members and the communitv at large.
)
To continue to coordinate the StRte of the City Adilress. ~An.nual Awards Gala.
Economic Outlook Conference. Leadership Academv Program, Member to Member
Discount Program, monthlv Roundtable Discussions. Business Expo. Shop Temecula
First Program. networking events. and Legislative Summit. Service all inquiries
requesting area information such as demographics. citv maps. relocation guides.
homes & rental information. newsletters. e-Commerce News and the 2005 business
resource guide and business directorv.
2. Does your organization submit to Staff the required information, monthly reports,
financials, etc. on time?
Yes, we currentlv send monthlv activitv reports to the Economic Development
Department.
3. Explain how your organization has worked well with the community to achieve your
goals?
The Chamber's goal is to provide residents, potential businesses and visitors a
friendlv experience and unmatched service when visiting the Temecula Vallev
Chamber of Commerce. In support of the business communitv. the TVCC offers
meeting space to SCORE representatives who offer counseling services to new
businesses and those businesses wishing to expand. The Chamber also offers meeting
space to Southern California Edison on a monthly basis for providing business
members with information on energy/cost conservation. The Military Recruiting
offices also utilize the Chamber's conference room twice per month to conduct
testing. We continuallv monitor legislative issues of importance to our members and
the residents of Temecula and activelv strive to inform them of the issues and
encourage them to activelv participate in the process.
4. Please describe your financial reporting?
The TVCC operates on a modified cash basis. An independent accounting firm
compiles our [mancial information and provides statements of financial position and
activity to the Board of Directors for their review on a monthly basis.
5. If your organization received City of Temecula funding in the previous year, please
provide a bliefrecap of the organization's accomplishments. Are there any notable
operations and/or program changes? If so, please explain.
)
The TVCC initiated the Leadership Academv Program. a diversified performance
improvement program. offered to work collaborativelv in dealing with professional
and communitv issues and provide the necessary management tools and leadership
skills. In 2005 the Chamber will publish 15.000 Business Resource Guides and
Business Directories. The guide offers a great deal of information on shopping.
entertainment. Temecula history. economic profile and the Chamber member
directory. TVCC Monthlv Newsletter - The newsletter is distributed to the business
membershio and contains business nromotions AS .well as information on issues that
will help them succeed. We continue to provide a monthly e-commerce Newsletter
for the businesses. This newsletter has been very successful at keeping the
membership up to date on current issues and programs. For the second year. the
Chamber participated in the Citv of Temecula's Star Spangled 4th of Julv. offering
local residents area and Chamber information. We are currentlv in the process of
updating the Chamber's website to include additional pertinent area infonnation. In
cooperation with the Lake Elsinore and Murrieta Chambers of Commerce. the TVCC
has contracted with Chamber Advocacv to create the Southwest California
Legislative Council. The purpose of the SWCLC is to act on local. state and federal
government issues to secure a favorable and profitable business climate for the
region. The TVCC strives to remain relevant in changing times. The Chamber's
Business Development Resource Committee is in the process of coordinating a Tech
Expo in an effort to inform the business community of the manv technological
advances that thev can take advantage of. These are a few of the past and newlv
formed programs we have implemented throughout the vear.
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I FINANCIAL STATEMENTS Application Page 2
This Page Must Be Completed And Submitted
(Based on your organization's last fiscal year)
This form serves as a guideline ofthe financial information requested. Hyour organization
has financial statements (balance shcet & income statement) please attach. In addition,
please attach the organization's current budget for the organization.
Balance Sheet as of Seotember 30, 2004
Audited: Yes _ NO---1L
Assets
Liabilities & Fund Balance
Cash and Investments $ 104.] 69
Current Payables $ 9,379.00
Receivables (detail)
NotesPayable $824.560
Inventory
Fund Balance
Fixed Assets
$1.247,129
Other Assets
Total Assets
$1,551,750
Total Liabilities &
Fund Balance $ 833.939
) Income Statement for the Year Ended June 30, 2004
Audited: Yes _ NO-2L
Income
Expenses
Fundraising
$ 1] .087
Salaries
$ 760.472
Events -luncheons $ 748. 7 <; 7
Grants
$
Operating Expenses $ 275 .018
Membership - Cash $ 11 7 . 770
-In Kind $
RentJMortgage
$ 67 ,200
City Funds
$ 148.000
Other Expenses
$
Other Sources
$ 19. 648 (J.e~Re Income)
Please note with an asterisk (*) any amounts that require additional explanation, and comment on
these items.
Temecula Valley Chamber of Commerce
Statement of Financial Position
September 30, 2004
ASSETS
Current Assets
Cash - COMNB 2172715 $ 22,109,38
Money market - COMNB 2541281 208.375,06
Economic uncertainty fund - COMNB 2545120 25,490.20
CD Pacific Trust 1459980 44,165,81
CA Bank Trust 700194-19 3,829,00
Petty Cash 200,00
Total Current Assets $ 304,169.45
Property and Equipment
Vehicle 15,000,00
Land 220,000,00
Building and improvements 998,464,97
Office furniture and equipment 140,910,54
1,374.375,51
Less: Accumulated depreciation and amortization 127.245,72
) Total Property and Equipment 1,247,129,79
Other Assets
Deposits 450,00
Total Assets $ 1,551,749.24
LIABILITIES AND NET ASSETS
Current Liabilities
Accrued payroll liabilities and related taxes $ 9,378,50
Total Current Liabilities $ 9,378,50
Long-Term liabilities
Note payable - Temecula Valley Bank 824.559,71
Total Long-Term Liabilities 824,559,71
Total Liabilities 833,938,21
Net Assets
Beginning balance 595,986,02
Net income 121.825,01
Total Net Assets 717.811,03
Total Liabilities and Net Assets $ 1.551,749,24
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TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
INDEPENDENT AUDITORS' REPORT AND
FINANCIAL STATEMENTS
FISCAL YEAR ENDED SEPTEMBER 30, 2003
)
WONG JOHNSON & ASSOCIATES, A PROFfSSIONAL CORPORATION
CERTIFIED PUBLIC ACCOUNTANTS
SUITE 102
28938 OLD TOWN FRONT STREET, TEMECULA, CALIFORNIA 92590
TELEPHONE 909-893-1120. FACSIMILE 909-893-1189
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WONG JOHNSON lit ASSOCIATES, A PROFESSIONAL CORPORATION
CERTIFIED PUBUC ACCOUNTANTS
SUITE 102
2B936 OLD TOWN FRONT STREET, TEMECULA, CAUFORNIA 92590
TELEPHONE 90!Hl93-1120. FACSIMILE 90!Hl93-1169
INDEPENDENT AUDITORS' REPORT
May 15, 2004
To the Board of Directors
Temecula Valley Chamber of Commerce
Temecula, California
We have audited the accompanying statement of fmancial position of the Temecula Valley Chamber of
Commerce (a California public benefit corporation) as of September 30, 2003, and the related statements
of activities and of cash flows for the fiscal year then ended. These financial statements aT", th",
responsibility of the organization's management. Our responsibility is to express an opinion on these
fmancial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America. Those standards require that we plan and perform the audit to obtain reasonable assurance
about whether the fmancial statements are free of material misstatement. An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the fmancial statements. An audit also
includes assessing the accounting principles used and significant estimates made by management, as well
as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable
basis for our opinion.
In oUr opinion, the financial statements referred to above present fairly, in all material respects, the
financial position of the Temecula Valley Chamber of Commerce as of September 30, 2003, and the
changes in its net assets and its cash flows for the fiscal year then ended in conformity with accounting
principles generally accepted in the United States of America.
Our audit was conducted for the purpose of fonning an opinion on the basic fmancial statements taken as
a whole, The supplementary schedules of unrestricted revenue and of expense are presented for purposes
of additional analysis and are not a required part of the basic fmancial statements. Such informatioB has
been subjected to the auditing procedures applied in the audit of the basic fmancial statements and, in our
opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a
whole.
\Jo~ :r J\'SQ/\ t A sSOCl.tk.s
WONG JOHNSON & ASSOCIATES
A Professional Corporation
T emecula, California
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TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
STATEMENT OF FINANCIAL POSITION
September 30, 2003
ASSETS
Cash and cash equivalents
SpeCial event receivables
Prepaid expenses and other current assets
Land, building and equipment, net
Total assets
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LIABILITIES AND NET ASSETS
LIABILmES
Accounts payable and accrued liabilities
Notes payable
Total liabilities
NET ASSETS
Unrestricted .
Temporarily restricted
Total net assets
Total liabilities and net assets
The accompanying notes are an integral part of these [mancial statements.
$ 190,319
2,600
633
1,256,009
$1,449,561
$ 28,337
839,125
867.462
576,049
6,050
582,099
$1,449,561
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TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
STATEMENT OF ACTMTIES
Fiscal Year Ended September 3D, 2003
UNRESTRICTED NET ASSETS
Revenue:
Membership dues
City ofTemecula
Special events:
ClolftolUltaDlent
Installation dinner
Business Showcase
Other
In-kind revenue
Other
Total unrestricted revenue
Net assets released from restrictions
)
Total unrestricted revenue and other support
Expense:
Special events:
Clolf tOlUltaDlent
Installation dinner
Business Showcase
Other
Salaries and commissions
Other employee-related expenses
Publications and printing
Insurance
Depreciation
Interest .
Telephone
Office supplies
Rent
Postage and delivery
Utilities
The accompanying notes are an integral part of these financial statements.
$ 287,213
148,000
42,040
95,790
25,455
69,752
10,000
45,463
723,713
68,368
792,081
17,728
62,535
5,304
44,450
285,633
35,554
33,405
29,263
23,154
22,289
17,681
15,842
15,623
12,787
8,610
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TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
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STATEMENT OF ACTIVITIES
Fiscal Year Ended September 30, 2003
Scholarships
Computer maintenance
Copier maintenance
Credit card fees
Repairs and maintenance
Professional services
Property taxes
Other
Total expense
Increase in unrestricted net assets
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TEMPORARILY RESTRICTED NEf ASSETS
Contributions for special events to be held in the next fiscal year
Contributions for construction of building
Net assets released from restrictions
Decrease in temporarily restricted net assets
Increase in net assets
Net assets at beginning of year
Net assets at end of year
The accompanying notes are an integral part of these rmancial statements.
.
8,000
6,080
5,452
5,373
4,105
3,810
3,168
30,411
696,257
95,824
6,050
54,768
(68,368)
(7,550)
88,274
493,825
$ 582,099
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TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Pubic BenefitCorporation)
STATEMENT OF CASH FLOWS
Fiscal Year Ended September 30, .2003
CASH FLOWS FROM OPERATING ACTIVITIES
Increase in net assets
Adjustments to reconcile increase in net assets to
net cash provided by operating activities:
Depreciation
(Increase) decrease in operating assets
Receivables
Prepaid expenses and other current assets
Increase ( decrease) in operating liabilities
Accounts payable and accrued liabilities
Deferred revenue
Net cash provided by operating activities
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CASH FLOWS FROM INVESTING ACTIVITIES
Payments for equipment
Payments for building
Net cash used by investing activities
CASH FLOWS FROM FINANCING ACTIVITIES
Principal payments on note payable
Net cash used by fmancing activities
Net increase in cash and cash equivalents
Cash and cash equivalents at beginning of year
Cash and cash equivalents at end of year
SUPPLEMENTAL CASH FLOW INFORMATION:
Interest paid
Income taxes paid
NON CASH INVESTING AND FINANCING ACTIVITIES:
Construction of building with note payable
The accompanying notes are an integral part of these fmancial statements.
$ 88,274
23,154
(2,600)
(633)
26,425
(13,600)
121,020
(27,438)
(63,711)
(91,149)
(5,875)
(5,875)
23,996
166,323
$190,319
$ 22,289
$
$ 845,000
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TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
NOTES TO FINANCIAL STATEMENTS
September 30, 2003
NOTE 1 - ORGANIZATION AND NATURE OF ACTNITIES:
The Temecula Valley Chamber of Commerce (the "Chamber") was established in 1966 pursuant to the
general non-profit corporation law of the State of California. The Chamber was formed to promote and
extend trade and commerce in the City of Temecula and vicinity, to advance the commercial, industrial,
social and public interest in and around Temecula and to foster and promote the educational facilities of
Temecula.
The Chamber is funded through membership dues, perfonnance of services for the City of Temecula (the
"City") and sponsorships from businesses and the general public in conjunction with its fund raising
efforts.
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES:
)
Basis of accounting
The Chamber accounts for transactions on the accrual basis.
Recognition of revenue
Membership dues are recorded as revenue in the year received. Management believes that recording the
revenue on a monthly pro-rata basis would have an immaterial effect on the statement of activities.
Special event revenues are recorded when the event is held.
The Chamber has entered into an agreement with the City to perform various functions promoting and
extending trade in the City. The City paid $148,000 for such services during the fiscal year ended
September 30, 2003. The agreement is renewable annually and may be terminated by either party giving
30 days written notice. In this event, all monies paid by the City and unspent by the Chamber shall be
refunded.
Grants and other contributions of cash and other assets are reported as temporarily restricted support if
they are received with donor stipulations that limit the use of the donated assets or ifthey relate to
activities or events, which have not yet occurred. When a donor restriction expires, that is, when a
stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets
are reclassified to unrestricted net assets and reported in the statement of activities as net assets released
from restrictions.
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NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: (Continued)
Land, building and equipment
Purchases of land, building and equipment are recorded at cost. Donated items are recorded at estimated
fair value when received. Depreciation and amortization on both purchased and donated items are
recorded on the straight-line basis using lives ranging from three to forty years.
Normal repairs and maintenance are expensed as incurred, whereas significant charges that materially
increase values or extend useful lives are capitaliz~ and depreciated over the estimated useful lives of
the related assets.
Donated services
The Chamber records donated materials and equipment as contributions at their estimated fair value on
the date they are received. Numerous hours of volunteer services were performed on behalf of the
Chamber during the fiscal year ended September 30, 2003 in support of special events. As these services
do not meet the criteria for recognizing a monetary value of such services as specified in Statement of
Financial Accounting Standards No. 116, Accountingfor Contributions Received and Contributions
Made, no such value has been assigned to these services in the Chamber's financial statements.
During the fiscal year ended September 30, 2003, use of the facility for the Chamber's installation dinner
with an estimated value of $1 0,000 was donated. TItis donation is included as a component of in-kind
service revenue in the statement of activities.
)
Cash and cash equivalents
The Chamber considers cash on hand and investments with maturity dates of three months or less at the
date of investment to be cash and cash equivalents.
Concentration of credit risk
The Chamber maintains the majority of its cash accounts with a single fmancial institution. Balances in
such accounts are guaranteed up to $100,000 by the Federal Deposit Insurance Corporation. At various
times during the year, the amount on deposit with this financial institution may exceed federal depository
insurance limits. At September 30, 2003, the Chamber had balances on deposit approximating $42,000
in excess of such limits. Management does not believe that this represents a significant risk to the
Chamber.
Use of estimates
The preparation of fmancial statements in conformity with generally accepted accounting principles
requires management to make estimates and assumptions that affect the reported amounts of assets and
liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and
reported amounts of revenues and expenses during the reporting period. Accordingly, actual results
could differ from those estimates.
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NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: (Continued)
Tax status
The Chamber is a non-profit public benefit coIpOration organized under the laws of California and, as
such, is exempt from federal and state income taxes under Section 501 (cX6) of the Internal Revenue
Code and corresponding state provisions. Accordingly, no provision for income taxes has been provided
for in the financial statements.
NOTE 3 - LAND, BUILDING AND EQUIPMENT:
Land, building and equipment at September 30, 2003 consisted of the following:
Land
Building and improvements
Office furniture and equipment
$ 202,000
1,008,714
138.504
1,349,218
Less: accumulated depreciation and amortization
93.209
$1 256009
NOTE 4 - NOTE PAYABLE:
On April 2, 2003, the Chamber entered into a business loan agreement with Temecula Valley Bank for
$845,000 to replace a construction loan on the Chamber's building in Temecula, California. MontWy
principal and interest payments of $5,623 are due through April 2012 with a balloon payment of
approximately $623,000 due at maturity. The interest rate under the agreement is the Wall Street Joumal
prime rate plus 1.5 percent (6.25 percent at September 30,2003) adjusted every three years until
maturity. The agreement is secured by the building.
Principal payments due on this agreement are as follows:
Fiscal Year Ending Seotember 30.
2004
2005
2006
2007
2008
Thereafter
$ 14,100
. 15,500
17,100
18,800
20,700
752.925
$839 125
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NOTE 5 - COMMITMENTS:
During June 2003 the Chamber entered into an agreement to lease a portion of its building to Maxim
Healthcare Service, Inc. ("Maxim"). The lease requires monthly payments of $3,125 through September
30,2008. Future minimum annual rental payments, excluding obligations for insurance and certain other
expenses, are as follows:
Fiscal Year Ending Se.ptember 30.
2004
2005
2006
2007
2008
$ 37,500
37,500
37,500
37,500
37.500
$187.500
Maxim has the option to extend the term of this lease for an additional three-year period. The minimwn
monthly lease payment during this option period will be $3,988.
There are no significant legal proceedings against the Chamber with respect to matters arising in the
ordinary course of business. In the opinion of management, no material liability exists with respect to
outstanding matters.
NOTE 6 - RETIREMENT PLAN:
In 1999 the Chamber established a defmed contribution retirement plan under Section 40 I (k) of the
Internal Revenue Code covering substantially all employees. Employees become eligible after
completing 90 days of service with the Chamber. Participants may contribute up to 15 percent of their
compensation, subject to certain statutory limits. The Chamber matches employee contributions up to
five percent of each employee's annual compensation. Employee contributions vest immediately, and
employer contributions vest over five years of service. The Chamber's matching contributions were
$14,038 for the fiscal year ended September 30,2003.
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SUPPLEMENTARY INFORMATION
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TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
SUPPLEMENTARY INFORMATION
SCHEDULE OF UNRESTRICTED REVENUE
Fiscal Year Ended September 30, 2003
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Membership dues
New members
Renewals
City of Temecula
Special events:
Chamrock Golf Classic
Installation dinner
Business Showcase
~t~tp f"lf th". ("';t....
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Monte Carlo Nite
Economic Outlook
Legislative Summit
Shop Temecula First
Other revenue:
Newsletter
Vistor Center
Sublease income
Mixers
Interest income
Miscellaneous
In-kind revenue
$ 84,050
203,163
148,000
42,040
95,790
25,455
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19,792
14,070
13,950
2,090
12,945
10,777
6,249
5,014
2,677
7,801
10,000
Total unrestricted revenue
$ 723.713
TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
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SUPPLEMENTARY INFORMATION
SCHEDULE OF EXPENSE
Fiscal Year Ended September 30,2003
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Special events: ~
Chamrock Golf Classic $ 17,728
Installation dinner 62,535
Business Showcase 5,304
State of the City 10,273
Legislative Summit 10,048 i.
Monte Carlo Nite 6,806
Economic Outlook 6,072
C'l,..........'T'..............."'..1... 1:':.....4- A f'\n'"
......uv.t' ..........u..........u............u..... '+,VO.L.-
Mixers 766 ~l
) Other 6,403
Salaries 272,969
Commissions 12,664
Employer taxes 21,516
Pension plan 14,038
Insurance
Health and dental 15,173
Workers compensation 6,560
GeneraIliability 4,465
Director and officer 1,674
Equipment breakdown 729
Group life 662
Publications and printing
Newsletter 28,535
. Office 2,924
Membership 1,946
Depreciation 23,154
Interest 22,289
Telephone 17,681
Office supplies 15,842
Rent
Office 14,083
. " Storage 1,540
Postage and delivery 12,787
Utilities 8,610
Scholarships 8,000
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Computer maintenance
Copier maintenance
Credit card fees
Meals and entertainment
Seminars
Repairs and maintenance
Professional services
Accounting
Payroll processing
Property taxes
Mileage reimbursement
Janitorial services
Plaques
Web maintenance
Dues and subscriptions
Alann maintenance
Association fees
Moving expenses
Trash disposal
Miscellaneous
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Total expense
TEMECULA VALLEY CHAMBER OF COMMERCE
(A California Public Benefit Corporation)
SUPPLEMENTARY INFORMATION
SCHEDULE OF EXPENSE
Fiscal Year Ended September 30, 2003
6,080
5,452
5,373
4,484
4,359
4,105
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1,290
3,168
3,050
2,750
2,291
1,924
1,455
1,182
750
676
625
6,865
$ 696,257
ATTACHMENT1B
CITY/CHAMBER OF COMMERCE OPERATING AGREEMENT
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND
TEMECULA VALLEY CHAMBER OF COMMERCE
This Agreement, made in triplicate, this 13th day of September, 2005, by and between the
CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue
of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA
VALLEY CHAMBER OF COMMERCE, a California nonprofit corporation (hereinafter referred
to as "CHAMBER") with reference to the following facts which are acknowledged by each party
as true and correct:
I. RECITALS
A. The City is desirous of promoting its advantages as a business, industrial, tourist and
residential center; disseminating information relative thereto, and of properly following up and
giving consideration to inquiries made relative to the various activities of City of Temecula
("City") and its possibilities as such to residential, industrial, tourist and business interests.
B. The Chamber has special knowledge, experience and facilities for disseminating
information; and is organized for and equipped to carry on promotional activities on behalf of
City; and to publicize and exploit its advantages.
C. Such activities are recognized by law as being in the public interest and
serving a public purpose.
II. AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. Chamber shall undertake, during the 2005-2006 fiscal year, to carry on promotional
activities on behalf of City and to particularly render the following services:
1. To maintain suitable quarters and employ competent professional personnel
to carry on the promotional activities herein stated.
2. To promptly answer correspondence relative to the business, industrial, tourist
and residential advantages and opportunities in the City of Temecula, and to disseminate
information by correspondence, newspaper public Agency and personal contacts favorably
advertising such advantages and opportunities.
3. Respond to legislative issues through the Chamber's Government Action
Committee. Track legislation through the Legislative Advocacy Policy.
4. Offer meeting space to SCORE representatives to offer counseling services to
newly starting and expanding businesses. Offer meeting space for counseling from the Small
Business Development Department.
5. Assist in trade show and Familiarization Tour participation.
\\San3\city manager\ Wolnickg\Sponsored Events\Chamber Agreement 'OS.doc
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6. Develop and execute marketing seminars.
7. Provide travel booking services to the area.
8. To assist potential businesses in opening and relocating to Temecula.
9. To assist in the development and implementation of a citywide marketing plan
to promote tourism and business expansion.
10. To promote and invite trade and business meetings and celebrations whereby
outside interests and individuals may become acquainted with the advantages and opportunities
in Temecula.
11. To support the City in all ways possible in the furtherance of the activities of the
City of Temecula.
12. To maintain a public office within the business area of City, easily accessible
and fully equipped for the purpose of disseminating information and answering correspondence
and inquiries regarding the City. Said office shall be open to the public not less than eight hours
a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time
President/CEO, a portion of whose duties shall be to promote the welfare and activities of the
City of Temecula; its industries, business activities and opportunities, residential advantages;
and other matters of general public interest.
13. Retention Committee for community businesses to sustain and nurture existing
businesses in Temecula.
14. Produce and update relocation packets for new residents.
15. Provide demographic information to interested individuals.
16. Organize events to promote goodwill in the City such as the Shop Temecula
First Awareness Program, Legislative Summit, Business Expo, State of the City Event (20
seats), Annual Awards Gala (20 seats), and Economic Outlook Conference (10 seats).
17. Maintain and update Chamber web site.
18. Update and reprint Visitor Guide, which will include a detailed Old Town
Temecula section. The Chamber shall supply City with a minimum of 2,000 Visitor Guides for
distribution at no cost to City.
19. Update and reprint City Maps. The Chamber shall supply City with a
minimum of 2,000 City Maps for distribution at no cost to City.
20. Provide a Leadership Academy Program to educate individuals on
becoming effective leaders in the business community regarding city, county and state offices.
B. That in consideration of the services to be performed by Chamber for City, as set forth
in paragraph 1 hereof, City hereby agrees to pay Chamber, during the term of this Agreement,
\\San3\city manager\ Wolnickg\Sponsored Events\Chamber Agreement 'OS.doc 2
the sum of $148,000 for the fiscal year 2005-06, payable upon receipt of invoice quarterly
beginning on execution of this Agreement.
C. In the event the City of Temecula should desire any additional service, Chamber
shall, upon request of City, furnish a proposal including an itemized statement of the estimated
cost thereof, and the City of Temecula may modify or alter the proposal in its sole discretion or
may direct the submission of a new proposal which may be accepted, altered or rejected. Upon
the final approval of any such proposal and execution thereof, by the City of Temecula and the
Chamber, as herein provided, the City will pay to Chamber the cost thereof, and the Chamber
shall perform the work. All money due for carrying out said plan or proposal shall be supported
by a detailed statement of Chamber showing the basis of said claims, and certified by proper
officers of Chamber. Chamber shall not be entitled to receive any compensation for its normal
services or expenses.
D. The President/CEO of the Chamber shall prepare and submit to the City Manager
and Assistant City Manager a monthly written report specifying the activities of Chamber. Said
report shall be prepared in a format acceptable to the City of Temecula and is requested by the
second Friday of each month.
E. Chamber agrees that it will defend, indemnify and hold the City and their respective
elected officials, officers, agents, and employees free and harmless from all claims for damage
to persons or property by reason of Chamber's acts or omissions or those of Chamber's
employees, officers, agents or invitees in connection with their services rendered hereunder to
the maximum extent allowed by law.
F. Chamber shall secure from a good and responsible company or companies doing
insurance business in the State of California, pay for and maintain in full force and effect for the
duration of this Agreement a policy of comprehensive automobile and workers' compensation
and employees' Liability Insurance in which the City of Temecula is the named insured or is
named as an additional insured with the Chamber and shall furnish a Certificate of Liability
Insurance to the City of Temecula. Notwithstanding any inconsistent statement in the policy or
any subsequent endorsement attached thereto, the protection offered by the policy shall;
1. Include the City of Temecula as the insured or named as an additional insured
covering the services to be performed under this Agreement against all claims arising out of, or
in connection with, the Agreement.
2. Include the City of Temecula, its officers, employees and agents while acting
within the scope of their duties under this Agreement against all claims arising out of, or in
connection with, the Agreement.
3. Provide the following minimum limits:
A. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage.
B. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
\\San3\city manager\Wolnickg\Sponsored Events\Chamber Agreement 'OS.doc
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C. Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the Labor Code of the State of
California and Ernployers' Liability limits of $1,000,000 per
accident.
4. The insurer shall agree to waive all rights of subrogation against the Agency,
its officers, officials, employees and volunteers for losses arising from work performed by the
Contractor for the City.
5. Bear an endorsement or shall have attached a rider whereby it is provided
that, in the event of expiration or proposed cancellation of such policy for any reason
whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return
receipt requested, not less than thirty (30) days before.
6. Any deductible or self-insured retention must be declared to and approved by
the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such
deductible or self-insured retention as respects the City, its officers, officials and employees; or
the Chamber shall procure a bond guaranteeing payment of losses and related investigation
claim administration and defense expenses.
G. Should any litigation be commenced between the parties hereto concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition any other relief to which it may be entitled.
H. This Agreement shall be effective for the fiscal year commencing July 1, 2005, and
terminating June 30, 2006.
I. This Agreement may be terminated by either party upon thirty (30) days written notice
with any sums due and payable hereunder.
\\San3\city manager\Wolnickg\Sponsored Events\Chamber Agreement '05.doc
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
TEMECULA VALLEY
CHAMBER OF COMMERCE
Jeff Comerchero, Mayor
Pamela Voit
Chairman of the Board
ATTEST:
Susan Jones, CMC
City Clerk
Alice Sullivan
PresidenUCEO
APPROVED AS TO FORM:
Janese Reyes
Secretary
Peter Thorson, City Attorney
Katherine Bailey
Treasurer
Aqencv Information
Temecula Valley Chamber of
Commerce
26790 Ynez Court
Temecula, CA 92591
(951) 676-5090
\\San3\city manager\Wolnickg\Sponsored Events\Chamber Agreement '05.doc
5
ATTACHMENT2A
ECONOMIC DEVELOPMENT CORPORATION OF
SOUTHWEST CALIFORNIA SUPPORT INFORMATION
OFFICERS
Dennis Frank
Prrsident
UC Riverside Extension
I{eith Johnson
. ~'fP"sidmt
, _ .Juion Oaks National Bank
Scott Crane
5 emtary
Southwest Healthcare System
Hany Shank
T",,,,,,,,.
SOllthwtsl COm11lllmry Bank
ExECUTIVE COMMITTEE
Boh Brady
City of Lake Elsinore
Ken Carlisle
Gttidar.! Corporation
Richard Domagalski
Wells Fmgo Bank - Riverside DivisiM
Stevie Field
Riverside Cotln!} EDA
Gregory Lee
Southwest CafijOmia Economic Alliance
Mike Murray
Venzon
Lori Moss
City of Murrieta
Jim O'Grady
Of} ofTemeGlh
Ron Roberts
Ci!J nfTemecu/o
Joan Sparkman
T emuulo Volley Bank
'i)IRECfORS-AT-LARGE
.l./.mk Casciari
. California Bank & T nisI
Mike Doblado
The Promenade In TemeC1lIa
Jobo Fill
Solid Stole Stamping, Inc.
Kimberly Freize-Uhler
Rancho Physi,al ThraJ!Y
Stan Harter
LnPOffice ojSlanlqA. Harter
Scott Hurst
WYman Properties
Bruce Keeton
Keelon Construction
Melanie Nieman
Easlern Municipal Wafer Distrid
Rex Oliver
Murrieta Chamber of Commem
David Phares
D.L Phares & Arsociotes
Greg Prudhomme, CPA
lVIebler, P17Idhomme & Compo'[Y
Claude Reinke
The Californian
Peter Rosen
Ronron Rea! Eslote
Barbara Tooker
TetJJtC1I1a Vafky UnifiedSchoolDistrid
Gaty Youmans
j'1m11ni{y Nationnl Bank
.Jger Ziemer
The Gas Compo'!)'
EXECUTIVE DIRECTOR
EDce'
Soutbwest Riverside County_
March 18, 2005
Jim O'Grady
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
RECEIVED
MAR 2 3 2005
CITY MANAGER'S . ~
- OFFtCE ~jiI
RE: FUNDING REQUEST FOR FY 2005-2006
Dear Jim:
The Economic Development Corporation of Southwest California (EDC)
is pleased to submit for your review the organization's current operating
budget for FY 2004-05, financial statements ending June 30, 2004, and
Summary of Activities FY 2004-05. The EDC operating budget for FY
2005-2006 has not yet been approved by the Board; however, our funding
request in the amount of Twenty- Two Thousand, Five Hundred dollars
($22,500) will be reflected in the EDC draft budget as anticipated
revenue from the City of Temecula. We hope to secure the funding in
July 2005, which coincides with a planned membership campaign.
There are no anticipated changes to the existing contract between the City
and the EDC. Scope of services will continue with business relations and
development, community outreach, and education programs.
Additionally, a strategic plan for regional economic development is
included in the EDC's scope of services.
Thank you for your consideration in this request. We look forward to
meeting with the Economic Development Subcommittee in ApriL
Respectfully, _~
j'l)v&JW~A119Uo-
iane Sessions
Executive Director
cc:
encl.:
EDC Board of Directors
City of Temecula Economic Development Funding Program
Application - FY 2005-2006
Diane
Post Office Box 1388 Temecula, CA 92593-1388 ' 37552 Winchester Road' Murrieta, CA 92563
Office 951/677-1862 ' Fax 951/698-7920 ' Email info@edc-swrc.org . www.edc-swrc.org
I FINANCIAL STATEMENTS
This Page Must Be Completed and Submitted
(Based on your organization's last fIScal year)
This form serves as a guideline ofthe fmancial information requested. If your organization
has financial statements (balance sheet & income statement) please attach. In addition,
please attach the organization's current budget for the organization.
Application Page 2
Balance Sheet as of June 30. 2004
Assets
Cash and Investments $
Receivables (detail)
Riverside County $11,889
(received contribution after end ofFY)
Inventory
Fixed Assets
Other Assets
Total Assets
Audited: Yes _No-X-
Liabilities & Fund Balance
84,860
Current Payables $ 0
11,889
Notes Payable 0
o
Fund Balance 84,860
o
o
Total Liabilities &
Fund Balance $
84,860
96,749
)
Income Statement for the Year Ended June 30, 2004
Audited: Yes_No-2L-
Income
Fundraising
Events - luncheons $
Grants
Membership - Cash $
-In Kind $
City Funds
Other Sources
Expenses
$
37,196
Salaries
$
62,970
16,627
$
Operating Expenses $
o
14,521
37,000
2,980
RentIMortgage
11,889
$
$
Other Expenses
ll.7~0*
$
ll.069*
$
897*
Please note with an asterisk (*) any amounts that require explanation, and comments on these
items.
Citv Funds
Lake Elsinore
Murrieta
TemecuIa
$ 5,000
$ 6,250
$22.500
Other Sources
ln~ $546
Miscellaneous $351
$897
Other EXDenses
Insurance & Accting. $ 3,056
Membership 392
Quarterly Lunch 12,592
GolfToumament 16,804-
Special Projects ~
$33,069
EDC SOUTHWEST RIVERSIDE COUNTY
OPERATING BUDGET
JULY 1, 2004 TO JUNE 3D, 2005 (rev. 8/19104)
Revenue Current
Membership - Cash $ 50.000.00
Membership -In Kind Services. $ 4,500,00
City Participation $ 35,000,00
County Participation $ 12,500.00
Special Event Revenue (golf) $ 34,250.00
Quarterty luncheons $ 18,000.00
Interest Income $ 500,00
Special Projects $
Miscellaneous Income $
TOTAL REVENUE $ 154,750.00 S 154,750.00
EXPENDITURES
Personnel Services
Director Salary $ 43,800.00
Director 401 K Contribution $ 1,150,00
Payroll Taxes $ 3,200,00
Workers' Camp $ 1,250,00
Director - payroll services $ 1,050,00
Secretary - temporary services $ 30,550,00
Temp Payroll Service" $ 500.00
TOTAL PERSONNEL EXPENSES $ 81,510.00
Direct Operating Expenses
Accounting" $ 1,000,00
Advertising $ 200,00
Insurance $ 1,790,00
Office Supplies $ 2,000.00
) Equipment repairs $ 300,00
Telephone $ 1,600.00
Postage $ 2,400,00
Printing/copyinglbinding $ 2,000.00
Dues/memberships $ 500,00
Website $ 2,900,00
Conference/trainingworkshops $ 1,000,00
Travel $ 900,00
Storage" $ 3,000,00
Rent $ 12,500,00
Taxes & license $ 150,00
Professional Fees $ 2,000.00
Miscellaneous Expenses $ 500,00
Total Direct Operating Expenses S 34,740.00
Direct Program Expenses
Membership Drive $ 1,000.00
Newsletter Expense $ 2,500.00
Quarterty Luncheons $ 16,800.00
Goff Tournament $ 14,700.00
Special Projects $ 3,500,00
Total Direct Program Expenses $ 38,500.00
TOTAL EXPENDITURES $ 154,750.00
EXCESS EXPENDITURES OVER REVENUE $
~1rH<ind Services'" $3,000 Storage, $1,000 Accounting, and $500 discount on staffmg fee
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
BALANCE SHEET
JUNE 30, 2004
, I
,
ASSETS
CURRENT ASSETS
Cash in checking - Calif Bank & Trust $ 89
Money Market - Calif Bank & Trust 84,770
Prepaid expenses -
TOTAL CURRENT ASSETS $ 84,860
PROPERTY & EQUIPMENT
Equipment 0
Less :Accumulated Depreciation 0
NET PROPERTY AND EQUIPMENT 0,00
TOTAL ASSETS $ 84,860
LIABILITIES AND FUND BALANCES
'\ FUND BALANCE
Fund balance, beginning $ 78,857
Excess (deficit) of revenues over expenses 6,003
TOTAL FUND BALANCE 84,860
TOTAL LIABILITIES AND FUND BALANCE $ 84,860
ACCOUNTS RECEIVABLE ACCOUNTS PAYABLE
5/27 Quarterly Lunches 60.00
Riverside County EDA 11,889.42
In-Kind rent reimb.
TOTAL $11,949.42 TOTAL $0.00
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
STATEMENT OF REVENUES AND EXPENSES
FOR THE MONTH AND TWELVE MONTHS ENDED JUNE 30, 2004
f
\ Current Year To Year To Variance Annual Balance
Period Date Date Budget Remaining
Months 12 Budaet Comments
Percent 100%
REVENUES
Memberships - cash 500 37,<Y:XJ 46,<Y:XJ (9,<Y:XJ) 46,<Y:XJ (9,<Y:XJ)
Memberships - in-kind selVices 1,980 2,980 2,980 0 2,980 o Kuebler Prudhomme & Vail Ranch Storage
City contracts 0 33,750 35,000 (1,250) 35,000 (1,250)
County contribution 0 0 12,000 (12,<Y:XJ) 12,<Y:XJ (12,000)
Special event revenue (golf) 14,946 37,196 27,800 9,396 27,800 9,396
Quarterty luncheons 1,440 16,627 12,800 4,027 12,600 4,027
Intererst income 52 546 500 46 500 46
Special Projects 0 0 0 0 0 0
Miscellaneous Income 0 351 0 351 0 351
TOTAL REVENUES 18,920 128,451 136,880 (8,429) 136,880 (8,429)
EXPENSES
PERSONNEL SERVICES
Director Salary 2,544 30,570 37,800 (7,230) 37,800 7,230
Director - Employer IRA Contrib. 95 1,134 1,150 (16) 1,150 16
Payroll Taxes 835 10,278 3,200 7,078 3,200 (7,078)
WorKers' Camp Insurance 0 979 1,250 (271) 1,250 271
Director - payroll services 66 778 1,060 (282) 1,060 282
Secretary - temporary services 2,488 19,231 26,000 (6,769) 26,<Y:XJ 6,769
TOTAL PERSONNEL SERVICES 6,027 62,970 70,460 (7,490) 70,460 7,490
ADVERTISING/CONSUL TlNG/1NSURANCE
Accounting 0 1,<Y:XJ 1,<Y:XJ 0 1,000 o Kuebler Prudhomme & Vail Ranch ~lorage
Advertising 0 0 200 (200) 200 200
) Insurance - general 855 2,056 1,790 266 1,790 (266)
TOTAL ADVERTISINGJCONSUL Tl~ 855 3,056 2,_ 66 2,_ (66)
DIRECT OPERATING EXPENSES
Office Supplies 183 1,682 1,500 182 1,500 (182)
Equipment & Repairs 43 366 300 66 300 (66)
T eJephone 269 1,405 1,800 (395) 1,800 395
Postage 38 1,899 2,000 (101) 2,<Y:XJ 101
Printinglcopying/binding 506 1,997 2,000 (3) 2,<Y:XJ 3
Dues/memberships/subscriptions 0 588 800 (212) 800 212
Website 177 2,469 2,900 (431) 2,900 431
Conferenceltrainingfworkshops 40 619 1,000 (381) 1,000 381
Travel 216 669 700 . (31) 700 31
Storage 1,980 1,980 1,980 0 1,980 0
Rent 1,010 11,889 12,000 (111) 12,000 111
Taxes & License 20 30 150 (120) 150 120
Professional Fees 0 0 2,000 (2,000) 2,000 2,000
Miscellaneous 40 816 500 316 500 (316)
TOTAL DIRECT OPERATING EX 4,522 26,410 29,630 (3,220) 29,630 3,220
DIRECT PROGRAM EXPENSES
Membership (drive, certs, frames) 40 392 1,500 (1,108) 1,500 1,108
Newsletter expense 0 0 2,500 (2,500) 2,500 2,500
auarterlyluncheons 2,546 12,592 12,800 (8) 12,600 8
Golf tournament 14,621 16,804 13,700 3,104 13,700 (3,104)
Special Projects 225 225 3,500 (3,275) 3,500 3,275
TOTAL DIRECT PROGRAM EXP 17,432 30,013 33,800 (3,787) 33,600 3,787
TOTAL EXPENSES 28,836 122,448 136,880 (14,432) 136,880 14,432
i
EXCESS (DEFICIT) OF REVENUES
OVER EXPENSES (9,916) 6,003 0 6,003 0 (6,003)
EDG~
Southwest Riverside CountY.
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST CALIFORNIA
SUMMARY OF ACTIVITY
Fiscal Year July 1,2004 - June 30, 2005
(report as of March 18,2005)
Business Develooment
. EDC responded to 53 business development leads generated by a variety of sources including
referrals from the City of Temecula, City of Murrieta, City of Lake Elsinore, and requests
generated by the EDC website, telephone and community outreach.
Business RetentionlExoansion
. The Business Relations Committee held 8 monthly meetings and completed 17 visitations as
of the date of this report. Survey data was collected in person and by telephone. Committee
members responded to 9 requests for assistance from business owners on various business-
related issues.
)
ED Marketine:lOutreach
. EDC wiii have hosted 4 events by fiscai year end: i) EDC & Econornic Aiiiance Open House
(7/29/04); 2) EDC Quarterly Lunch on March Air Reserve Base (9/23/04); 3) EDC Breakfast
- EDC Strategic Plan Revisited (2/10/05); and 4) EDC Quarterly Lunch - The Gas
Company's Natural Gas Vision for California (scheduled on 4/28/05).
. EDC emailed 38 community event announcements on regional economic and business
development as of the date of this report.
. EDC staff and/or directors participated in or attended regularly-held meetings and/or special
events related to economic development:
~ Boys and Girls Club of Southwest Riverside County "Our Kids Rock" event - Staff
was a volunteer for the event set-up
~ California Open Golf Tournament - Staff was a volunteer during the tournament
~ Canyon Lake Chamber of Commerce - Staff was a guest speaker.
~ Chaparral High School- Robotics Team presentation
~ Foreign Trade Zone Workshop
~ Good Morning, Washington with Congressman Darryl Issa
~ Greater San Diego EDC CLASS Workshop
~ Lake Elsinore Mayor's State of the City Address
~ Lake Elsinore Council Meeting
~ Lake Elsinore Valley Chamber of Commerce EDC "Connections" - Diane Sessions
~ Leaders of Distinction Awards
~ "Leads" Networking Meeting
~ Murrieta Brokers' Meetings
~ Murrieta City Council Meeting
~ Murrieta Chamber's Annual Golf Tournament (volunteer)
~ Murrieta Interview Panel - Staff was a panelist on job interview committee.
~ Murrieta-Temecula Group
~ Riverside County Supervisor Jeff Stone - Open house reception
~ SBA Loan Fair Planning Meeting
EDC of Southwest California
Summary of Activity Report - FY 04-05
Page 2 of3
ED MarketinlUOutreach (continued)
~ Southwest California Economic Alliance partner meetings & regional update
breakfast
~ Southwest California TV Station Planning Meeting
~ Susan G. Komen Race for the Cure Committee
~ State of the Inland Empire
~ Temecula Chambers' Legislative Summit
~ Temecula Noon Rotary
~ Temecula Chamber Economic Outlook Meeting
~ Temecula Chamber -International Visitor Program
~ T emecula Chamber Partners in Education - Staff serves as committee member.
~ Temecula Higher Education Center Stakeholders' Meeting
~ Temecula State of the City Address - Staff serves as committee member.
~ TVVSD Board Meeting - special TPE presentation to the Board of Trustees
~ TVUSD School Dedications - Great Oak High School and Alamos Elementary
~ VCR Connect Planning Meeting
~ Valley EDC events
)
EDC Education Action Committee
. The EDC Education Committee is focused on the following items: I) Higher Education
Center; 2) ASV AB aptitude testing of high school and college students to match skills with
employers; and 3) workforce education assessment survey.
EDC Industrial Committee
. The EDC is focused on the following items: I) High school robotics program; 2) Foreign
Trade Zone; 3) montWy "Shop Talks" program; and 4) annual Excellence Awards program
for manufacturers.
EDC TransDortation and Infrastructure Action Committee
. The EDC T&I Committee is focused on the following items: 1) Road improvements on Hwy
79 North & South and other major transportation corridors; 2) alternate transportation route
to Orange County; 3) March lPA and French Valley Airports; 4) "remote worker" project as
it relates to local residents who commute to San Diego jobs; and 4) adequate utility
infrastructure.
EDC Ol'l!.anization I Administration
. EDC employs one full-time Executive Director and one part-time administrative employee.
. EDC continues to move toward accomplishing new goals and objectives in its strategic plan
for regional economic development.
e The following action committees meet each month: Education, Transportation &
Infrastructure, Business Relations, and Industrial.
EDC of Southwest California
, Summary of Activity Report - FY 04-05
Page 3 on
)
EDC Ol'l!:anization I Administration (continued)
. EDC has begun a new corporate identity project that includes a name change to reflect the
Southwest California branding and also includes a new logo and printed material.
. The EDC Board of Directors recently revisited the goals and objectives of the EDC Strategic
Plan for Regional Economic Development. New strategies will be formed to address the
current economic development needs of the region's business community.
. EDC will host its 1111t Annual Golf Tournament on Friday, June 10,2005. The annual golf
tournament is the EDC's major fundraising event. Last year's annual tournament exceeded
revenue goals by approximately $5,000.
. EDC held 8 general Board of Directors meetings to date, which are held on the third
Thursday of every month at 9:00 a.m.
. The Board of Directors took action and/or authorized position letters on 8 regional issues:
~ EDC donated $10,000 for lobbying efforts to keep military operations at March ARB
~ Letter to Support - continued military activity at March ARB
~ Letter to Support - 2004 Local Taxpayers and Public Safety Protection Act
~ Letter to Support - continued partnership between Metropolitan Water District and
Riverside County in the operation of Lake Skinner
~ Letter to Support - long-term economic development at March Global Port
~ Letter to Oppose - City of Lake Elsinore's tentative separation from the EDC and
Economic Alliance to join the JEEP
~ Letter of Support - Mt San Jacinto College 2004-2005 Job Development Incentive Fund
Application
~ Letter to Oppose - General Plan Amendment No. 00717, Item 3 for the Riverside County
Southwest Area
EDC Partnerships
. EDC is affiliated with the following organizations:
~ Cities of Lake Elsinore, Murrieta, Temecula
~ Employment Development Department
~ Lake Elsinore Valley Chamber of Commerce
~ Mt San Jacinto College
~ Murrieta Chamber of Commerce
~ Murrieta-Temecula Group
~ March Joint Powers Authority
~ Riverside County EDA
~ Rotary Club of Temecula
~ San Diego North EDC
~ San Diego Association of Governments
~ Southwest California Economic Alliance
~ TVUSD - Partners in Education
~ Temecula Valley Chamber of Commerce
~ UC Riverside
~ Valley EDC
~ Western Riverside County Council of Governments
ATTACHMENT 28
CITY/ECONOMIC DEVELOPMENT CORPORATION OF
SOUTHWEST CALIFORNIA OPERATING AGREEMENT
AGREEMENT BETWEEN THE CITY OF TEMECULA AND
ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST CALIFORNIA
REGARDING
THE PROVISION OF ECONOMIC DEVELOPMENT SERVICES
This Agreement, made in triplicate, this 13th day of September, 2005, by and between the
CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue
of the laws of the State of California, (hereinafter referred to as "City"), and the ECONOMIC
DEVELOPMENT CORPORATION OF SOUTHWEST California, a California nonprofit
corporation (hereinafter referred to as "EDCSWC") with reference to the following facts which
are acknowledged by each party as true and correct:
RECITALS
A. The City is desirous of promoting its advantages as a business, industrial, and
residential center; disseminating information relative thereto, and of properly following up and
giving consideration to inquiries made relative to the various activities of City of Temecula
("City") and its possibilities as such to residential, industrial, and business interests,
B. The EDCSWC has special knowledge, experience and facilities for accomplishing
economic development activities,
C, The City now desires to retain the EDCSWC to accomplish various economic
activities and the EDCSWC is willing to be so retained pursuant to the terms and conditions of
this Agreement.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
OPERATIVE PROVISIONS
1, RESPONSIBILITIES OF THE EDCSWC
1.1 The EDCSWC shall undertake, during the 2005-06 fiscal year, to carry on the
EDCSWC's scope of services as listed in the attached executive summary (refer to Exhibit #1),
which is attached to and made a part of this agreement. These services include business
relations, business development, community outreach, and education programs, These duties
may be adjusted from time to time as agreed upon by the EDCSWC and the City,
The Executive Director of the EDCSWC shall prepare and submit to the Assistant City Manager
a monthly written report specifying the activities of the EDCSWC, Said report shall be prepared
in a format acceptable to the City of Temecula and submitted to the City by the second Friday of
each month,
1
\\San3\city manager\ Wolnickg\Sponsorcd Evcnts\EDC Agreement '05 - '06.doc
2. PAYMENT TO EDCSWC
2,1 In consideration of the services to be performed by the EDCSWC for the City as
set forth in paragraph 1 hereof, the City hereby agrees to pay the EDCSWC, the sum of
$22,500. This shall be considered a payment for services rendered from July 1, 2005 through
June 30, 2006.
2,2 In the event the City should desire any additional services, the EDCSWC may,
upon request of the City, furnish a proposal including, an itemized statement of the estimated
cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its
entirety at its sole discretion, or may direct the submission of a new proposal which may be
accepted, altered or rejected. Upon the final approval of any such proposal and execution
thereof by the EDCSWC and the City, as herein provided, the City will pay to the EDCSWC the
cost thereof and the EDCSWC shall perform the services set forth in the proposal. All money
due for carrying out said plan or proposal shall be supported by a detailed statement of the
EDCSWC showing the basis of said claims, and certified by proper officers of the EDCSWC,
3. INDEMNIFICATION
The EDCSWC agrees that it will defend, indemnify and hold the City and its elected
officials, officers, agents, and employees free and harmless from claims for damage to persons
or property by reason of the EDCSWC's acts or omissions or those of the EDCSWC's
employees, officers, agents or invitees in connection with their services rendered hereunder to
the maximum extent allowed by law,
4, INSURANCE
The EDCSWC shall secure from a good and responsible company or companies doing
insurance business in the State of California, pay for and maintain in full force and effect for the
duration of this Agreement a policy of workers compensation and employers' Liability Insurance
in which the City is the named insured or is named as an additional insured with the EDCSWC
and shall furnish a Certificate of Liability Insurance to the City Manager of the City of Temecula
before execution of this Agreement. Notwithstanding any inconsistent statement in the policy or
any subsequent endorsement attached thereto, the protection offered by the policy shall:
4.1 Include the City as the insured or named as an additional insured covering the
services to be performed under this Agreement against all claims arising out of, or in connection
with, the Agreement.
4,2 Include the City, its officers, employees and agents while acting within the scope
of their duties under this Agreement against all claims arising out of, or in connection with, the
Agreement. Provide the following minimum limits:
A. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage,
B, Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
2
\\San3\city manager\ Wolnickg\Sponsorcd Events\EDC Agreement '05 - '06.doc
C. Workers' Compensation and Employers' Liability: Workers'
Compensation limits as required by the Labor Code of the State of
California and Employers' Liability limits of $1,000,000 per
accident.
4,3 The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work performed by the
Contractor for the City,
4.4 Bear an endorsement or shall have attached a rider whereby it is provided that,
in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the
City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested,
not less than thirty (30) days before.
4,5 Any deductible or self-insured retention must be declared to and approved by the
City of Temecula, At the option of the City, either the insurer shall reduce or eliminate such
deductible or self-insured retention as respects the City, its officers, officials and employees; or
the EDCSWC shall procure a bond guaranteeing payment of losses and related investigation
claim administration and defense expenses.
5. ATTORNEY'S FEES
Should any litigation be commenced between the parties hereto concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition any other relief to which it may be entitled,
6, TERM
This Agreement shall be effective for the fiscal year commencing July 1, 2005, and
terminating June 30, 2006,
6,1 This Agreement may be terminated for any reason, by either party upon thirty (30)
days written notice with any sums due and payable hereunder for services actually performed.
7. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
3
\\San3\city manager\Wolnickg\Sponsored Events\EDC Agreement '05 - '06.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
ECONOMIC DEVELOPMENT
CORPORATION OF
SOUTHWEST CALIFORNIA
Jeff Comerchero, Mayor
Dennis Frank, President
ATTEST:
Susan W. Jones, CMC
City Clerk
Scott Crane, Secretary
APPROVED AS TO FORM:
Aqencv Information
Economic Development Corporation
Of Southwest California
P,O, Box 1388
Temecula, CA 92593-1388
Peter Thorson, City Attorney
4
\\San3\city manager\ Wolnickg\Sponsored Events\EDC Agreement '05 - '06.doc
EXHIBIT #1
EDCSWC's Scope of Services
5
\\San3\city manager\Wolnickg\Sponsored Events\EDC Agreement '05 - '06.doc
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
STRATEGIC PLAN FY 2005-2006
Executive Summary
The Board of Directors recently adopted a new organizational name: Economic Development
Corporation of Southwest California. A new corporate logo was adopted by the Board on March
17,2005. The EDC Strategic Plan for Regional Economic Development is being updated as of
February 10, 2005.
The Strategic Plan focuses on six key economic development objectives, but is not limited to the
following. The Board of Directors will have the authority to add or delete items as needed with
Board approval. The key objectives are:
}
L (a) Continue and expand EDC services through business retention and expansion of
primary businesses in Southwest California. Primary businesses include but are not
limited to commercial, industrial, manufacturing and professional industries.
(b) Increase EDC identity through various methods such as routine press releases,
newsletters, luncheons, and community announcements to create a source of public
information for businesses assistance.
(c) Develop a new entrepreneurial program that will link technology businesses
to resources they need for success. (New Program)
2. Act as a "One Voice" advocate on the region's key business issues. Create a
proactive synergy between the business community, public agencies, education and
training facilitators, and economic development organizations throughout the region.
3. Support the Southwest California Economic Alliance in business attraction,
regional branding and marketing efforts to attract high-technology, higher-wage
companies to the region.
4. Act as a catalyst for streamlining the various government permit and planning entities
in Southwest California.
5. Facilitate and support activities in higher education and skills-training for excellent
workforce development
6. Facilitate and support transportation and infrastructure projects such as utilities
delivery and supply, recreational lakes, regional transportation corridors and air
transport and delivery.
Economic Development Corporation
of Southwest California
Strategic Plan Executive Summary FY 2005-2006
Page 2 of2
In order to reach these objectives, the EDC must continue to create partnerships and expand its
membership to better fund the efforts outlined above. Membership expansion will also attract
additional expertise that the EDC can draw from to meet goals. Currently, membership is
centered in the Southwest California area.
Southwest California companies rely on the EDC to take a leadership role in economic
development, with primary expectations of advocating and supporting greater business
opportunities. The EDC's organizational strategies will ensure that companies in the region will
have the business resources and support to expand locally, which will create more jobs and help
influence companies to stay in the region. With new jobs created, the high commuter population
of Southwest California will decrease, producing a more favorable balance between a desirable
place to live and to do business.
)
2
ITEM 13
APPROVAL
CITY ATTORNEY'-iO;7~
DIRECTOR OF FINA~C! .
CITY MANAGER / JI1'}}
'IY
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Jim O'Grady, Assistant City Manager
DATE:
September 13, 2005
SUBJECT:
Approve the Sponsorship Request for The Great Tractor Race
and Inland Empire Affiliate of The Susan G, Komen Breast Cancer
Foundation Race for the Cure Sponsorship and Funding
Agreement.
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION: That the City Council approves the event sponsorship and
funding agreements and authorizes the Mayor to execute the following agreements:
1. Approve the event sponsorship agreement for actual City-support costs in
the amount up to $14,490 for The Great Tractor Race,
2. Approve the event sponsorship and funding agreement in the amount of
$25,000, City-support costs in the amount of approximately $13,075, and
promotional services valued at $11,925 for the Inland Empire Affiliate of
The Susan G, Komen Breast Cancer Foundation Race for the Cure
event.
BACKGROUND:
Staff has received a sponsorship request from Southwest Events for The Great Tractor
Race and a sponsorship and grant funding request from The Inland Empire Affiliate of
The Susan G, Komen Breast Cancer Foundation for the Race for the Cure event.
The Economic Development Subcommittee, consisting of Mayor Jeff Comerchero and
Mayor Pro Tem Ron Roberts, and Staff met to discuss the Economic Development
funding requests on April 20, 2005, The subcommittee's recommendations were
incorporated in the City's FY 2005-06 Operating Budget, which was approved by the City
Council on Tuesday, June 14,2005.
The Great Tractor Race
Staff has received a request from Southwest Events to provide city-support costs in the
amount up to $14,490 for the 29th Annual Great Tractor Race event. The Tractor Race
has long been a Temecula tradition. The event will be held September 30 - October 2,
2005 at the flood control property located at Cherry and Adams streets. Staff has
received written approval from the Flood Control District for use of this property,
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
1
The event will benefit Rancho Damacitas, a local non-profit charity that benefits abused
and neglected children. Other revenue recipients will include local charities that work
during the event which include the: Elks, Lions Club, React and the Temecula Sheriffs
Posse,
The 2005 event, budget and publicity/advertising will be structured the same as last
year's event. Southwest Events estimates the attendance to be 7,000 people.
Last year, approximately 7,500 people attended The Great Tractor Race. Venues
included tractor races, tractor parade, mud games, kid's carnival games, kid's mud bog,
and musical entertainment. Southwest Events was able to provide a small donation in
the amount of $750 to the Rancho Damacitas charity. Other revenue recipients included
The Elks, Lions Club, React and the Temecula Sheriff's Posse as they provided services
during the event.
The 2004 Great Tractor Race marketing and publicity included newspapers, radio, cable
television, direct mail, posters, flyers and their website,
In addition to the fundraisin9 for the local charities, the event has the potential to provide
tourism and economic benefits to the City of Temecula,
Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation
Staff has received a request from The Inland Empire Affiliate of The Susan G. Komen
Breast Cancer Foundation, to provide City-support costs in the amount of approximately
$13,075 and $25,000 cash which will be allocated to pay for breast exams, counseling
and other services for under served Temecula citizens, In addition, the Komen
Foundation has requested the City to provide an outline and estimated value of
promotional services that the City provides for this event. The estimated value of these
services are $11,925, The 7th annual Inland Empire Race will be held at the Promenade
Mall in Temecula, corner of Ynez and Winchester Roads, on Sunday, October 16, 2005.
This event is family-oriented, with something for everyone. In addition to the Team
Competition, the schedule includes Women's and Coed 5K Run/Walks, a family one-
mile Fun Run/Walk, live entertainment, exhibits, Kids' Expo, and Komen Expo. A special
ceremony will be held that pays tribute to the hundreds of breast cancer survivors
expected to participate. New this year is the "Sleep in for the Cure" which is sponsored
by Embassy Suites Hotel, People who are out-of-town or busy on Race day are able to
participate and sign up with their team,
The Race will serve as a fund raiser for The Susan G, Komen Breast Cancer Foundation,
a non-profit organization that was established in 1982. 75% of the net Race proceeds
will fund local breast health education programs to spread the lifesaving message of
early detection to thousands of Inland Empire men and women. The remaining 25% of
the net Race proceeds is designated to the Susan G, Komen Foundation Award and
Research Grant Program,
The Komen Foundation is a national organization with more than 75,000 volunteers
working through a network of more than 100 affiliates, making it the most progressive
grassroots organization in breast cancer today. From its inception to the end of its fiscal
year 2004, the Komen Foundation with its Affiliate Network has raised over $180 million
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
2
in the fight against breast cancer. Over $1 million has been granted to non-profit
organizations in the Inland Empire to fund education, screening and treatment programs,
$300,000 has been awarded to the Susan G. Komen Foundation National Award and
Research Program by the Inland Empire Affiliate.
For the last six years, the Inland Empire Race has been held in Temecula and proved to
be successful. The 2004 Race for the Cure drew nearly 10,000 participants and 1,200
spectators, sponsors and vendors and raised $616,000 in cash and $748,000 in-kind
donations, From the money raised, the Inland Empire Affiliate granted $372,000 to non-
profit organizations, furthering the mission of the Komen Foundation, and $120,000 was
awarded to the Susan G. Komen Foundation National Award and Research program.
The grants currently funded from the 2004 Race proceeds are Desert Healthcare
Foundation, Gilda's Club Desert Cities, Michelle's Place, Neighborhood Healthcare and
Quinn Community Outreach Corporation,
This event has gained wide support by our community, throughout the Inland Empire
and on a national level, National sponsors for the 2005 event include: Yoplait,
American Airlines, Johnson & Johnson, Ford, Kellogg's, New Balance, Quilted Northern,
and Silk Soymilk,
Businesses are encouraged to support this event by getting their employees involved.
Many local and out-of-area businesses have registered their teams, The City of
Temecula employees are planning to enter a team in the event.
The Komen Foundation event promotions will follow last year's program, which include
event posters, website, print media, radio, and television. Also, national sponsors will
demonstrate their support locally in television, radio and print.
In addition to its primary aim of fundraising for The Susan G, Komen Breast Cancer
Foundation, the event has the potential to provide tourism and economic benefits to the
City of Temecula. The Race for the Cure will give exposure for Temecula both on a
local and national level. The event should increase tourism revenue for the City's
restaurants, hotels, shopping areas, and the wineries. There will be no commissions
paid to any party for the City of Temecula's sponsorships,
FISCAL IMPACT: Estimated city-support costs for The Great Tractor Race are
$14,490, Funds are available in the FY2005-06 Operating Budget of the various support
departments affected.
The Race for the Cure funding of $25,000 cash is appropriated in Community Support
(Council Discretionary) Account #001-101-999-5285. The City-support costs of $13,075
and costs for promotional services valued at $11,925 for The Race for the Cure event
are included in the FY2005-06 Operating Budget of the various support departments.
ATTACHMENT (S): I. The Great Tractor Race
Attachment A - Sponsorship Benefits
Attachment B - Estimated City Support Services and Costs
Attachment C - 2005 Event & Media Promotions
Attachment D - 2005 Budget
Attachment E - 2004 Great Tractor Race Recap
Attachment F -- Sponsorship Agreement
\ISan3lcily managerlWolnickglAgendareportslTractor & Race for Cure 2005 Sponsorship Requests.doc
3
II. Kamen Race for the Cure
Attachment A - Sponsorship Benefits
Attachment B - Estimated City Support Services and Costs
Attachment C - Value of City Promotional Services
Attachment D - 2005 Event & Media Promotions
Attachment E - 2004 Race for the Cure Event & Grant Recap
Attachment F - Sponsorship and Funding Agreement
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
4
Attachment I A
The Great Tractor Race
Sponsorship Benefits
IISan31city managerlWolnickglAgendareportslTractor & Race for Cure 2005 Sponsorship Requests,doc
5
ATTACHMENT 1 A
THE GREAT TRACTOR RACE
SPONSORSHIP BENEFITS
VIP Event Tickets - Upon Request
24 General Admission Tickets
City logo or name will appear on flyers and advertisements relating to the event
City name on all press releases
City of Temecula will be listed as a major sponsor in all areas of the event
Attachment I B
The Great Tractor Race
Estimated City Support Services and Costs
Below are the estimated City generated services and their costs provided to Southwest
Events for "The Great Temecula Race."
Police Services
Service costs:
$8,480,00
Fire Services
Service costs:
$5,000.00
Public Works
Service costs:
$ 460,00
Community Services
Service costs:
$ N/A
Code Enforcement
Service costs:
$ 550.00
TOTAL ESTIMA TED SERVICE COSTS: $14,490.00
\\San3\cily managerlWolnickglAgendareports\Tractor & Race for Cure 2005 Sponsorship Requests,doc
6
Attachment I C
The Great Tractor Race
2005 Event & Media Promotions
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
7
THE GREAT TRACTOR RACE
MEDIA PROMOTIONS
Media promotions will be similar to last year's event. Media promotions for the event will
include newspaper, radio, website and coverage by The Outdoor Channel. Flyers and
promotional materials will be distributed, City of Temecula will be listed as a major
sponsor in all areas of the event. City name or logo will appear on flyers and
advertisements relating to the event
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Attachment I D
The Great Tractor Race
2005 Budget
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
8
9/2/05
RE: GREAT TRACTOR RACE 2005- PROPOSED BUDGET
Dear Mr, O'Grady,
The following table shows the Southwest Events proposed budget for the 2005 Great Tractor
Race:
REVENUE
Gate Receipts S 18,000
Beverage Sales S8,OOO
Entry Fees S3,200
Parlcing S2,250
RV Parking S700
Sponsorships SI,500
Vendor Receipts S8,500
TOTAL REVENUE: $42,150
In Kind Sponsorship, City of Temecu1a S14,46O
EXPENSES:
Advertising S9,200
Trophies, elc. $1,000
Adult Beverages S3,800
Contingencies S2,000
Donations for Services S2,500
Mise, ent Rental S3,800
Insurance S3,500
Licenses & Permits S600
Restroom Facilities $2,750
Security $4,000
Signage $1,600
Site Preparation S3,OOO
Trash Removal S2,750
VIP Tent S500
Meals for Volunteers S500
TOTAL EXPENSES $41,500.00
PROFlTILOSS $650
9/2105
Proposed Budget
Page 2
We thank you for your consideration in this matter, If you have any further questions, don't
hesitate to call me,
Sincerely,
Southwest Events
Dave Johnson
President
Attachment I E
The Great Tractor Race
2004 Great Tractor Race Recap
\\San3\city managenWolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
9
. ..:t..
9@!!fffl/1f!!JJlff92?
!, E;VE~Ts
l (')s \) 50.....08
Tractor Race 2004
The new venue at Cherry and Jefferson in Temecula worked
out to be even better than we expected. The attendance was
up slightly from last year to about 7500 PEOPLE.
We had good racing and entertainment all weekend, with
bands playing a variety of music Saturday and Sunday. We had
vendors who supplied food and kiddy rides for the children.
Our tug of war in the mud pit is a great way to get the fans
involved and is growing every year. As always the kids mud
pit was the most popular place for the kids. Our mud queens
contest had many local beauties trying out for one of the
coveted positions of the queen and her court. We were honored
to have Sis Herron, a long time resident and a tireless
volunteer in the community was our Grand Marshall this year.
We had two independant film crews filming at the event
this year who were going to see if they could market the
footage to some tv shows. The Outdoor Channel here in Temecula
filmed a great deal of footage and created a segment for
their popular Whistle Stop Series. The show was aired all
across the country. We received many positive responses from
people who had seen the program. We also had good coverage
from the news papers and several radio stations. In a high
tech world the Tractor Race brings people back to a simpler
time when the valley was starting to grow.
The service organizations that participated with us
from Temecula, Lions Club, Crest React and Temecula Sheriff'S
Possee, were extremely pleased with the ~onderful exposure for
their organizations plus the finicial co~pensation.
Southwest Events. 27860 Del Rio Road, #A ' Temecula, CA 92590 . (909) 506-4408 . into@tractorrace,com
www.TracrorRace.com www.SouthweSlEvenrs.om
S@!!lfl!lI!!!Jl!ff92?
. ~ t\1:J'tTs
> ("51150~40408
(2)
We beleive we present Temecula in a positive, family
friendly light and our feedback has been great.
Southwest Events. 27860 Del Rio Road, #A . Temecula, CA 92590 . (909) 506-4408 . into@tractorrace.com
www.TracrorRace.com www.SouthwestEvems.org
SOUTHWEST EVENTS
STATEMENT OF PROFIT AND LOSS
For The Year
Ending 12/31/04
Sales
Tractor Race
July 4th Events
$
21,094.42
1,883.00
91.8%
8.2%
Total Sales
22,977.42
100.0%
Cost of Goods Sold
Tractor Race Expenses
July 4th Expenses
17,514.99
745.00
76.2%
3.2%
Total Cost of Sales
18,259.99
79.5%
GROSS PROFIT
4,717.43
20.5%
Operating Expenses
Gas & Oil
Bank Charges
Commissions
Contributions
Equipment Rental
Insurance - General
Legal & Accounting
Postage & Deliveries
Rent - Buildings
Repairs & Maintenance
Meals & Entertainment
Office Help
Telephone
Total Operating Expense
100.00 4"
. 0
34.52 2"
. 0
100.00 4"
. 0
2,215.00 9.6%
255.68 1.1%
2,682.00 11.7%
150.00 7"
. 0
37.00 2"
. 0
1,200.00 5.2%
394.55 1.7%
389.20 1.7%
862.00 3.8%
920.34 4.0%
9,340.29 40.6%
$ -4,622.86 -20.1%
NET INCOME or <LOSS>
Prepared by TALCOTT CO. 951-676-3971
UNAUDITED
Attachment I F
The Great Tractor Race
Sponsorship Agreement
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
10
SPONSORSHIP AGREEMENT BETWEEN
CITY OF TEMECULA AND
SOUTHWEST EVENTS
This Agreement, made this 13th day of September. 2005, by and between the
CITY OF TEMECULA, (hereinafter referred to as "City"), and SOUTHWEST EVENTS,
a California nonprofit corporation,
A. Southwest Events will operate "The Great Tractor Race" on September 30
- October 2, 2005. The Great Tractor Race is a special event located at Cherry and
Adams streets in Temecula,
The event features tractor races and mud games including mud surfing and mud tug-of-
war. The event is expected to draw approximately 7,000 people for the 3-day event.
B. The City of Temecula desires to be a "Special Event Sponsor" of the 2005
Great Tractor Race.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. In exchange for providing city-support costs up to $14,490 for the costs of
Public Works, Code Enforcement, Fire and Police, the City of Temecula shall be
designated as a "Special Event Sponsor" of the 2005 Great Tractor Race. Profits of the
event will be donated to the local charities as listed below in item B.
In exchange for being a "Special Event Sponsor," the City of Temecula will
receive the benefits as listed in Attachment A
B. The Great Tractor Race will serve as a fundraiser for the Thessalonika Family
Services, the Rancho Damacitas branch, local non-profit organizations benefiting youth,
Southwest Events will continue support for the Elks, Lions Club, React and the Temecula
Sheriffs Posse for services they provide at the event.
C. Within 60 days following The Great Tractor Race, Southwest Events shall
prepare and submit to the Assistant City Manager a written report evaluating The Great
Tractor Race, its attendance, and describing the materials in which the City was listed as
a "Special Event Sponsor." The report should also include samples of media press
clippings, flyers, pamphlets, etc. in a presentation notebook format.
D. In addition, Southwest Events will provide complete financial statements,
which includes a balance sheet and income statement of The Great Tractor Race, This
must be submitted to the City 60 days following the event. Financial statements must be
compiled by a certified public accountant.
E. Southwest Events shall file a Temporary Use Permit application with the
City of Temecula no later than 60 days proceeding the first day of The Great Tractor
Race.
F. Once the Temporary Use Permit application has been submitted and the
event agreement has been executed in final form, Southwest Events will receive city-
support services at the time of the event
G. Southwest Events agrees that it will defend, indemnify and hold the City
and its elected officials, officers, agents, and employees free and harmless from all claims
for damage to persons or property by reason of Southwest Event's acts or omissions or
those of Southwest Event's employees, officers, agents, or invites in connection with The
Great Tractor Race to the maximum extent allowed by law.
H, Southwest Events shall secure from a good and responsible company or
companies doing insurance business in the State of California, pay for and maintain in
full force and effect for the duration of this Agreement a policy of comprehensive general
liability and liquor liability in which the City and Redevelopment Agency is named
insured or is named as an additional insured with Southwest Events and shall furnish a
Certificate of Liability by the City. Notwithstanding any inconsistent statement in the
policy or any subsequent endorsement attached hereto, the protection offered by the
policy shall;
\, Include the City as the insured or named as an additional insured
covering all claims arising out of, or in connection with, The Great Tractor Race.
2, Include the City, its officers, employees and agents while acting
within the scope of their duties under this Agreement against all claims arising out of, or
in connection with The Great Tractor Race.
3. Provide the following minimum limits:
(A) General Liability: $2,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage with a $2,000,000 aggregate,
(B) Liquor Liability: $2,000,000 combines single limit per
occurrence for bodily injury personal injury and property
damage,
4, The insurer shall agree to waive all rights of subrogation against
the City, its officers, officials, employees and volunteers for losses arising from The
Great Tractor Race,
5. Bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of expiration or proposed cancellation of such policy for any
reason whatsoever, the City shall be notified by registered mail, postage prepaid, return
receipt requested, not less than thirty (30) days beforehand,
6. Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the City, its officers,
officials and employees or Southwest Events shall procure a bond guaranteeing payment
of losses and related investigations, claim administration and defense expenses,
I. Should any litigation be commenced between the parties hereto
concerning the provisions of this Agreement, the prevailing party concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition to any other relief to which it may be entitled,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written,
DATED:
SOUTHWEST EVENTS
CITY OF TEMECULA
BY:
Dave Johnson, President
Southwest Events
27860 Del Rio Road, Suite A
Temecula, CA 92590
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTACHMENT A
THE GREAT TRACTOR RACE
SPONSORSHIP BENEFITS
ATTACHMENT. A
THE GREAT TRACTOR RACE
SPONSORSHIP BENEFITS
VIP Event Tickets - Upon Request
24 General Admission Tickets
City logo or name will appear on flyers and advertisements relating to the event
City name on all press releases
City of Temecula will be listed as a major sponsor in all areas of the event
II. KOMEN RACE FOR THE CURE ATTACHMENTS
1/. KOMEN RACE FOR THE CURE
Attachment 1/ A
Sponsorship Benefits
In exchange for providing $25,000 cash and approximately $13,075 for all city-
support costs of Public Works, Fire and Police and City promotional services valued at
$11,925 for the Inland Empire Susan G, Komen Race For The Cure, the City of
Temecula shall receive the following benefits,
. City log%r name will appear on flyers, advertisements, and program relating to the
event.
. The City log%r name will appear on event t-shirts, posters, banners and
promotional items relating to the 2005 event.
. Recognition at Awards Ceremony
. Free booth space at event: 10 x 10 booth space for City booth at Expo and 10 x 10
booth space for the Imagination Workshop Children's Museum at the Children's
Expo
. 4 City banners displayed
.. City name on all press releases
. Complimentary team photo
. Complimentary Sponsor Appreciation Dinner tickets (10)
. Commemorative sponsor award
. City logo/name on Inland Empire Web Site
. 10 Race entries and tee shirts
. Logo in "Thank You" ad
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
11
KOMEN RACE FOR THE CURE
Attachment II B
Estimated City Support Services And Costs
Based on the input from City departments we received estimated cost projections for the
2005 Inland Empire Susan G. Komen Race for the Cure. The following expenses can be
anticipated for this event:
Police: $ 5,500
Fire: 1,500
Public Works: 4,225
Code Enforcement: 1,100
Community Services: 750
TOTAL: $13,075
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
12
KOMEN RACE FOR THE CURE
Attachment II C
Value of Promotional Services Provided by
The City of Temecula
The estimated cost value for promotional assistance provided by The City of Temecula
for the 2005 Inland Empire Susan G. Komen Race for the Cure is as follows:
Item
City Street Banners
Temecula Tourism CD
City Newsletter Mailed to Residents
Website & Press Kits
Temecula Auto Mall Marquee
Quarterly Calendar of Events to Media
City Council Meeting Broadcasts
TOTAL:
Value
$5,800
1,000
900
500
3,000
250
475
$11,925
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
13
KOMEN RACE FOR THE CURE
Attachment II D
2005 Event & Media Promotions
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
14
~ The Susan G. Komen
~~ Breast Cancer Foundation
III
--=
II.
2.
III'
a
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~
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Presented by (E6pla~l
NATIONAL SERIES SPONSORS:
~ Coldwater CreeJi ~~
Amer\c.llnAlrllnee"
dLlJd_ ,. fB f/J1!l!1B silk
If"I"'tI/4 ne;bolonce .' U&. SOYMILlI'
)l6out cr1ie CJ?g.ce
:Mission Statement
';<-'<r./'~~' _ :_, ': -,~,,,r;; ""),.'l_...,!:-:;~{,"_.
the"'msildri"'ofihe Susan G. Kamen Breast Cancer Foundation is to eradicate bre..
:':".. 8' ~">!'1i-'_~:;;;"~'''h<'';';,:- - , .'_"' -,"
.8'r;:~:L!t~f.,tt!~t~PJ~g disease by advancing research, education, screening andtr,;~t
".'~,::,.;i~l')i~~0;i:~1:~::~~'j0S~~~~l;:;\:::_.: : . ".,j".'''. ,
,Th~;~M(~Ptli,'~QJlj~ Breast Cancer Foundation was founded on a promise between
.'-':' _" :,," _r:,';" ':.~; :':'~:" ,f' <l""~.I' 'c' : .
~~,,::"~!~~~;;I~~~R, ~oodman Komen and Nancy Brinker. Suzy was diagnosed with
1:l~~~~~~r~RiJ~lo~. a time when little was known about the disease and it was rarely
,~~~~J!l;l~l> "'r6Jjg;;Before she died at the age of 36, Suzy asked her sister to do
:~H '.' , .:. .' t.'.. J~Jo. bring an end to breast cancer. Nancy kept her promise by
.... ~s,~&lf.~..".. J~~an G. Kamen Breast Cancer Foundation in 1982 in Suzy's memory.
,:~&~},~~1~l;:jffi}:\1~jf}f;j~~::;;~~~~~~~;. ,: "4' .
Since its origination in 1983, the Komen Race for the Cure@ Seri~~.;
from one local Race with 800 participants in Dallas, Texas, toa's~d~;~:;litim~:)4~~;
than 100 Races worldwide. Over one million race participants are'~:~~i~lfll~;~
>',:-," '''',"0,''''',:-,';'_'_''"'
~'.::;~;if~:~~~};~1~~~:;:~f~t~~?~11~
The Kamen Race for the Cure@ is about much more than just rynniM~C,:"
a 5K. For many people, it's an act of support, love and commitmentloSQl)1fL,c,c<
- ',' ';-'~-":'~'::';":'''::?~':~':::-,r~~?~~
who has battled breast cancer. "~',>;;~:;!.i;~.
'c /."<:n',}l~i'<;'d:i~'
Join the Race!
4
"'.L:;'};',d(Sin~4,tt~}~
. . ", :t' ~
'\C,,;orrlen Race for the Cure@ Series help fund important breast canCer rrs~'.
~:.,_:, _ ,,', ,/;:'~:"; ,', ,":',_',:,.;:;:'__;--f
as' 45 , ea matives on a local level. Up to seventy-five percent of the net proceedsrema
Inii:I,Ad~~h:lli1iJ:~i;1;h~lpii1g to support breast health education, breast
'. ,-;-,.t~tJ,J,~~iir:~;:{~J;trt~~'dt-:&J?f~:,,;?~:;:'_':" ~
. ~1)~f;~~pfbm!f/~'9"~~~fnd treatment programs for the medically un-
:'cograms are funded based upon a special needs
!<:,:C''''
;erformed by each Komen Affiliate. Twenty-five
'i~eds help fund breast cancer research and
:ii:ti,"~'
g~athrough Komen Foundation Headquarters.
f'''':;,;;--~-i;: . , ",'
tn\fniliion people are expected to participate in
'~{YMt~.
pired ~ Get involved ~ Make a new friend
''",-''',
;:
, , NEW THIS YEARIIII, '
',': _', ,.'. _"{'-, ."'.1'.
'Work nights? Or just want to sleep in on a Sunday Morning? Sleep in for theCi!M@'l~~,
,'and the fight against breast cancer, Sign up for Sleep in for the cure@arid:~~~'
The Cure@ Pillow Case, Sleep In Registration Deadnri~~,:~i:~:~:";t;,,
.~.}.!Ze of your team?
"1''';<'--','
,/yiorkers who are out
aysign up with your team
',''''"
,----.... /~-~-.....
~------/---y >' '"
/, ~
/ Sleep In For The Cure \.
/J, m 6:r~ )
/ t!I ;~~), ((,fall // ,(/(;;/11('11 // \
(, EMBASSY SUITES HOTEl/ii' ( ", ,,)
\ I" "" ",., (' .. (nO '_ ./II/({//(/ll/ll/)(~(" //1r,/((rf{'
~l!Inll'l ,/ <'1 11/," 011/111.\ l-'~ \'\: 't' ",,\V/f _,I
\\,,___ Stomp Out Breast ~ncer )//
~ \ /--------/ /
~-~. /
'-----~
II
In-1(jruf (j)onations
'iY/,.: ' " ,-,.-'
~p,.$1~OO spent the Kamen Foundation must rai!S~~.4;Qq;~t:
,;,pfilc<3eds fund local grants, and help support breast health, education, scngening,\",
'r,;',:;,'_;"<:;;':,~ _ _ -:; ';" ._,->t-:::"
~ic~ervedin the Inland Empire, Sponsors can offset our expenses by donating agi~~iil~4{
. ,. ""€l',business merchants: '
<"\.'~. " . . - ", ",,"". ...... -,'-. '.:
,'pgt . OlIiceMax . Kinko's . Lowes . Home Depot . Ralphs I Food For ~:::.-
lhcliIdt" :
. Pledge Prizes . Postage and Shipping ·
.. Printing - Collateral . Advertising
" . ,Printing - Signage . Entertainment
ii[jedoing MEDIA ADVERTISING between
, 'y~.a(S,Raceby adding our Media Logo to your marketing ad,
fii~WnSorship by the following:
';<'..-",
.~,. . c'-
'-'~H5eiing 'sponsorship oppotunities, please contact the
":t"'(:,;'.':): ,_ .
t:951-304'9500
'.'V'<"''',',
:r, ,\,;,_!~
~",\. IOlai';tEiii,p;re",_
"\~~ ~u~a_",G:f9m"eJL ~/!
, RacefO:f;ThiCuree '
0cI013W1S:2005
The P'OOlonade In Temecula
p~llD~ ~~ij~~ ~
~,
~ Inlarid.;~pire flt.~
y~.. .- ~U.1a-p J~:-'91TI~.!L-- ~:i~-
Race FotJhifCure@ .,;.
OclobElr 16,-2005
The Promenade In TemeclJla
1/2 Pa e Ad
p~ ~~\)f
1(jds P.YIpo
Survivor's Wa{[ ofJ[ope
Come out race day and paint:~ tiltH&r
survivor. Our Survivor Wall bfj-iopejsrl
Promenade in the lower M~9Y's \Vii}"
" "'.,,y.'<"
KOMEN RACE FOR THE CURE
Attachment II E
2004 Event & Grant Recap
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
15
2004 1?JI,ce 1<i-Cap
'~Run n e r s. , . . . . , , , , , , . . . ' , , , , ' . . , , , ' , , . ' ,4 , 392
$,~'rs.... ,. , .. ,. , , ., .,. '., " , , , ' , , , ' , , , " 3,994
j)panls.......",..",.""....",...., 8,386
S:.......",.....""",.,.""""""""", .137
,,<i.. " ,.,..... , , ... , ,. , , , , , , , ,..., ' , ' " , , , ,., 325
arti c i pan Is.. , ., ........, , , , , , , , , , ,. ,., ' , . 1 68
ri's-or s & Ve n d 0 r s , . . .. .. .. .. .. .. .. . , .. . 1 200
J;~,~rs. . . . . . , . , . . . , , , , , , , , , , . . . , . . . , , . , . , . . . ,700
''''',' "';"":;<I~":':it(i
Even the pouring rain dldn'ts~o~':::;';"
1 0,000 participants from 'showbig' ,.\S;,'
support during the 2004 InlindEmplre:~~,j~:,'*i
Race For The Cure@1
5
'" ':""'''"'''''''1''
:",,"'-;',',.,~'<:\:<.';:\J
, ,,;.; '..':;X;~L>,:,~;:{
";,
. ",', 1-.,_ -~, A;:,"' , ',";'''''', "";~'
. .' " ""~.,, "^".,",
.. :j~:\ ~;~;::~:~~;t"';,,$.;~~:8Vif
2004 ~ 'V'o6mteercftlie 'Year
~~irld.~~'~i~~:'~eeling with the Inland Empire Komen Foundation in 1999, At that meeting I learned
. '~~6uf;II1~Rat~iF6rThe Cure@ and took on the role of Operations and Logistics, I have been committed
"':';J~~"ei'ko'~~4t,:f~M~~,~t!6n ,and the Race because I believe they playa crucial role in educating women
,~:~ ' """'eancer)andraising money to fund research,
-":'~~ _ __3:~t~~~~.i~;:~:':'_ ;'" ,-,,--
'~"i:,.. Y9xem~6fLIf)?9P4 has been especially meaningful to me as my wife Rita was diagnosed with breast
'-..;';:'''~''v!!.:';{'b(';'h,'''' ,,:,.:,~ ;';';{+.0i::'::;~""<"'~"_';
"C'.." ,", ',:we:Qe.~~2,?~r journey the Board Members and volunteers rallied around us and we began
[siems.
" ~'\
ll~,p~rt of the Inland Empire Race For The Cure@ each year as the foundation continues . ......','
"lfQEIi1 from which one can receive support, information, and assurance that help is availa.bl,~'; ~n9,::r9 e:.is:
"hd~olunteers of the Komen Foundation have helped so many people and provide(ntl~#ei~Cijj
,.... '\faee this brutal disease,"
)::'_;,0:i:ii,~"
20051?JI,ce Committee
Sponsor Chair.....................,....Jennifer Jones
Kids For Komen Chair..............Carol Crocker
Expo I Teams Chair......................Debi Hardy
Marketing Chair............,..............Judy Zulfiqar
2004 :Meaia Promotion/ )twardS
c
t!J[g~
[ID[iJ~
COMMUNITY
LITTLE BOOK
Mission Award
..~. .... ";'i,"" "'. _ .,.,.,':'f
JaneseM:', ""~ 'liiii#j~\~
Charlene Rose Milrth~AwNfifi;;JM?';l'i
. Rancho News
. The Business Press
. The Californian
. The Country Review Magazine
. The Press-Enterprise I ." ""
· The Valley Business Journal ~ TA'e &U/-t.l?'1 ~Jat71 r:~t
· The Vineyard Press ~",..,
~_~ ~ "" ."'~ ~:.:....- ~ ~''''!.:l...i'~ =t::U.~ 't 'jf_,~,- - ~
· TransWestern Publishing IAmencan Media Meclta 71waro ::",)i,';iit~~~~1'~
.. \f~Hol/ I iI/inn M';ln~7ino ~ ~ I
......""J -,...,~ ,.,....;:l....~"''''
Sponsor'E:{posure Opportunities
1\\lIu\\ ~,
"" \/,\1,\ rl\\!. .'
_ 2004Sponsor"'I1ian{'You" _
Over the past 6 years the Inland Empire Race has always had wonderful and loyal sponsors who have understood the mission
of the Susan G. Komen Breast Cancer Foundation and our need to raise funds to advance the work of eradicating breast can-
cer as a life-threatening disease. We thank you for your support of the 2004 Race and invite you to join us this year on
Sunday, October 16th as a sponsor of the 7th Annual Inland Empire Affiliate Komen Race for the Cure@).
Co-Survivor Sponsor
Local Presenting Sponsors
m [g
~ 1I[b]1!I I!!f~-.
THE,~RP'~.~~E 001111 ~
~ $II fRt;'lf~W6k .
~. 'lOll "'....,"'.TTOPS_."'Ade/phia
Platinum
11IE
fll!D
FooDllLESS
FOUNDATION
~
SOUTHWEST
HEALTHCARESVSTEM
INl.Al\.'D VAUEY MEDICAL CENTER
llANOlO SPRINGS Ml!OICAL COlTeR
ITl1JansWesfern$
b9:1Publishlng
THE PRESS-ENTERPRISE
inland Southern California ~ Newspaper
@omcast
GUI(]ANT
IT" .. . lit.' T 1_( T. . E "ll"l~
,.... _1....1
UUIU
/77Jrlghton
.,JU COllEaIBlES
~TY
1013 fin
IIII1I1IID'I1BI &iJm.oGYI
CONSU~NTS
Todav1 &: Y/!;ften1~ Hie
Diamond
City of Murrieta. Inland Empire Family Magazine' K-CAL 96,7 . K-Frog 92,9 . Kuebler. Prudhomme & Co,
Lake Elsinore Storm Baseball Team' My 94,5 & 103,3 KGB, Painted Earth' Temecula Valley Bank' Temecula Valley Women's Club
Bronze
Burgess Moving & Storage' California Coast Credit Union' Countrywide Home Loans - Jeff Farr . CR & R . Endar . Equine, Inc
Gables Residential' Hansen Beverages' McDonalds Temecula . Milgard Windows' Monteleone Meadows' Mulligan Family Fun Center
Pechanga Resort & Casino' Plant Equipment. Southern California Gas Co, . The Country Review Magazine' The Valley Business Journal
Wal-Mart
Crystal
Altura Credit Union Formerly Riverside County's Credit Union' CC & Company' Chemicon . Craig & Deborah Hardy' Engineering Ventures
Fastsigns ' Heels & Wheels Girl's Cruising Assoc, ' Kaiser Permanente . Minuteman Press' Musicians Workshop
Neighbors Publications, Inc, ' Nimmo Construction' Pili pi no Enquirer' Presto's' Propel Fitness Water' Rancon Group
Rancho Springs Hospital Auxiliary' RKR Media' Sizzler' The Californian' Trevi Spa & Salon' Valley Living Magazine
Friends
Aerial Geodesy' Blood Bank of San Bernardino & Riverside Counties' CDM Croup' City of Desert Hot Springs' Community National Bank
Granite Construction' Innovative Respiratory Care' Jeff Stone 3rd District County Supervisor Elect . J.H, Thompson & Sons, Inc.
Lowes Company, Inc. . Murrieta Day Spa' Soboba Band of Luiseno Indians' Studio Video Associates' Temecula Valley Fire Equipment
Temecuia Valley OB/GYN Medical Association' Temecula Valley Tennis & Fitness' The Law Offices of Rosenstein & Hitzeman
The Law Offices of Timothy Kuzelka . The Original Pancake House' Valley Health System' Verizon . Wilson Creek Winery
Professionals for a Cure
Anderson & Associates Counseling Services, Inc. . California Bank & Trust. Cookie Art . Elsinore Valley Municipal Water District
Godfather's Pizza' Macy's . Murrieta Oaks Nursery' Progressive Plumbing Systems, Inc' RW, Lyall & Co, ' Southern California Edison
Voit Management
Also Thanks to:
Claim Jumper Restaurant. Fabulous Palm Spring Follies' Lorna Vista Bed & Breakfast. The Charteston Salon
. ,
t
-~-
,:~ff::
,'"-,,
'. j..',It,..,~,'f~r,!1,>,~m!l~~~i;:i[ . '
,.' ";:!,,,~-;-,:<: }:t:~,ft>J;\~ \i\.
I nfatuf 'Empire
2005 grant '1(fcipWnts
. , '\:~',<J~
Desert Healthcare Foundabon.......................;;';;i.Wli
Wayne B, Soucy, Chief Executive Officer '. "Yli~
1140 N. Indian Canyon Drive'"
Palm Springs, CA 92262
Phone: 760.323,6113 Fax: 760.323.6509
wsoucy@dhcd,org
Transportation Support for Breast Cancer Patients. ."
Gilda's Club Desert Cities.........................;;..\L}u'"
Carol Austin, LMFT, Project/Program Director . . . ,', ,.,"
~:i~~~r~m0,ah"l ~~~~~n Drive, Suite 7A .... <':'i'i~~~~
Phone: 760,770,5678 Fax: 760,770.5667
Caustingede@aol,com
Educational and Social Support for Women with
Breast Cancer and their Families
./ft~:
Michelle's Place... ...... .... ...... ... ... ... ...... ....... .........~i;;.;
The Breast Cancer Resource Center . . "..j"'..:.
Kim Goodnough, Executive Director
41533 Eastman Drive
Murrieta, CA 92562
Phone: 951.304,1280 Fax: 951.304.1279
!nfo@michellesp!ace.org
Care Coordinators Project-Guiding Breast Cancer" ..'
Patients through the Treatment Course . ' ":f'"(;(i,~1!;
Neighborhood Healthcare... ........ ........;..,.;.........),.:....,
Taide Villa, Access to Care-North Manager '. . ""t';;
41002 County Center Drive, #310 "'.:;:15"_
Temecula, CA 92591
Phone: 951,600.6300 Fax 951.600.6306
taidev@nhcare.org ., .,.,,';, i..;i/
Breast Health Access Project-Providing Mammograms}.'"
and Breast Examinations for Underserved Women' "." .
6
, ,<<.
Quinn Community Outreach Corporation.;;;,';':,t;;
Eudora Mitchell, President"...."""; .
25400 Alessandro Boulevard, Suite 104 '. "i'r"
,",~;;'-'
Moreno Valley, CA 92553
Phone: 951.485,9334 Fax: 951.485.4031 ..,
EudoraMitchell@hotmail,com
Southern California Witness Project -Breast Canc;er.._ "'i',"
Education and Community Outreach for Low Incorne.",.yl
Latina and African American Women .:', ',':>'.,,',:
Additional Small Grants................;,.,....';:L\!jk~
Monies to be available for allocation for,. . ',:;:' .
education throughout the year.
Superior Rated Research Grant$;~;i;':;
,,"
, ',' ',' '.. ....i"..-_
Total Monies For Gra/"lfFl.fildl.
: ,~" /.' >:~ht"~>2o:;'Jlt,>;;;,'
KOMEN RACE FOR THE CURE
Attachment II F
Sponsorship and Funding Agreement
\\San3\city manager\Wolnickg\Agendareports\Tractor & Race for Cure 2005 Sponsorship Requests.doc
16
SPONSORSHIP AND FUNDING AGREEMENT BETWEEN
THE CITY OF TEMECULA AND
THE INLAND EMPIRE AFFILIATE
OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION
This Agreement, made this 13th day of September, 2005, by and between the
CITY OF TEMECULA, (hereinafter referred to as "City"), and THE INLAND EMPIRE
AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, a California
nonprofit corporation (hereinafter referred to as "IESGKF"),
A, IESGKF will operate the "Inland Empire Susan G, Komen Race For The
Cure" on October 16, 2005. The Race For The Cure is a special event located at The
Promenade Mall in Temecula, corner of Ynez and Winchester Road. The event includes
Women's and Coed 5K RunlWalks, a Family One-Mile Fun RunlWalk, live
entertainment, exhibits, Kid's Expo, Komen Expo, Breast Cancer Survivor Tribute, and
"Sleep in for the Cure," The 2004 Inland Empire Komen Race for the Cure attracted
approximately 10,000 participants and 1,200 spectators and raised $616,000 in cash
and $748,000 in-kind donations,
B. The City of Temecula desires to provide Community Services Funding
and city-support costs of Public Works, Fire and Police and promotional services for the
2005 Inland Empire Susan G, Komen Race For The Cure.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as foilows:
A. In exchange for providing for the Inland Empire Susan G, Komen Race
For The Cure of approximately $13,075 for all city-support costs of Public Works, Fire
and Police, and approximately $11,925 in promotional services, the City of Temecula
shall receive the benefits as listed in Attachment A - 1,
B. The Community Support Funding of $25,000 cash will be allocated to pay
for breast exams, counseling and other services for under served Temecula citizens. In
6 months and again in 12 months following the Inland Empire Race For The Cure, the
IESGKF will provide a general summary report on how funds were expended and what
clinics/health agencies received funding and that funds were used for under served
Temecula residents, Upon request, City staff may audit the supporting documentation
from the IESGKF.
C. Within 60 days following the Inland Empire Race For The Cure, IESGKF
shail prepare and submit to the Assistant City Manager a written report evaluating the
Race For The Cure, its attendance, and describing the materials in which the City was
listed as a financial supporter. The report should also include samples of media press
clippings, flyers, pamphlets, etc. in a presentation notebook format
D, The IESGKF shall file Temporary Use Permit, Special Event Permit
applications and provide certificates of insurance with the City of Temecula 30 days or
sooner preceding the day of the Race For The Cure event
E. IESGKF agrees that it will defend, indemnify and hold the City and its
elected officials, officer, agents, and employees free and harmless from all claims for
damage to persons or by reason of IESGKF's acts or omissions or those of IESGKF's
employees, officers, agents, or invites in connection with the Inland Empire Race For
The Cure to the maximum extent allowed by law.
F. IESGKF shall secure from a good and responsible company or
companies doing insurance business in the State of California, pay for and maintain in
full force and effect for the duration of this Agreement a policy of comprehensive general
liability in which the City is named insured or is named as an additional insured with
IESGKF and shall furnish a Certificate of Liability by the City, Notwithstanding any
inconsistent statement in the policy or any subsequent endorsement attached hereto,
the protection offered by the policy shall;
1. Include the City as the insured or named as an additional insured
covering all claims arising out of, or in connection with, the Inland
Empire Race For The Cure.
2, Include the City, its officers, employees and agents while acting
within the scope of their duties under this Agreement against all
claims arising out of, or in connection with Inland Empire Race For
The Cure.
3, Provide the following minimum limits:
(A) General Liability: $2,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage,
(B) Worker's Compensation insurance as required by the State
of California and Employer's Liability Insurance,
Employer's Liability: $1,000,000 per accident for bodily
injury or disease, Worker's Compensation insurance is
required only if Inland Empire Race For The Cure employs
any employees,
4. The insurer shall agree to waive all rights of subrogation against
the City, its officer, officials, employees and volunteers for losses
arising from the Inland Empire Race For The Cure.
5, Bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of expiration or proposed cancellation
of such policy for any reason whatsoever, the City shall be notified
by registered mail, postage prepaid, return receipt requested, not
less than thirty (30) days beforehand,
6, Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer
shall reduce or eliminate such deductible or self-insured retention
as respects the City, its officers, officials and employees or
IESGKF shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses,
G, Should any litigation be commenced between the parties, hereto,
concerning the provisions of this Agreement, the prevailing party concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition to any other relief to which it may be entitled,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
DATED:
THE INLAND EMPIRE AFFILIATE OF
THE SUSAN G. KOMEN BREAST CANCER
FOUNDATION
CITY OF TEMECULA
BY:
Leasa Stephenson, Race Co-Chair
Inland Empire Affiliate of the
Susan G, Komen Breast Cancer Foundation
26765 Madison Ave" Suite 108
Murrieta, CA 92562
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTACHMENT A-1
LOCAL PRESENTING SPONSORSHIP BENEFITS
In exchange for providing $25,000 cash and approximately $13,075 for all City-
support costs of Public Works, Fire and Police and approximately $11,925 in promotional
services for the Inland Empire Susan G, Komen Race For The Cure, the City of
Temecula shall receive the following benefits.
. City log%r name will appear on flyers, advertisements, and program relating to the
event.
. The City log%r name will appear on event t-shirts, posters, banners and promotional
items relating to the 2005 event.
. Recognition at Awards Ceremony
. Free booth space at event: lOx 10 booth space for City booth at Expo and lOx 10
booth space for the Imagination Workshop Children's Museum at the Children's
Expo
. 4 Cily banners displayeu
. City name on all press releases
. Complimentary team photo
. Complimentary Sponsor Appreciation Dinner tickets (10)
. Commemorative sponsor award
. City logo/name on Inland Empire Web Site
. 10 Race entries and tee shirts
. Logo in "Thank You" ad
ITEM 14
APPROVAL 0,0//)
CITY ATTORNEY ~ft/I(/
DIRECTOR OF FINA~
CITY MANAGER Z-~
CITY OF TEMECULA
AGENDA REPORT
FROM:
n City Manager/City Council
,vJJ....- William G. HU9hes, Director of Public Works/City En9ineer
TO:
DATE:
September 13, 2005
SUBJECT:
Authorize Temporary Street Closure of Old Town Front Street between Third
Street and Fifth Street for the "Old Town Temecula Antique Street Faire"
event scheduled for September 24, 2005 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
~eve Charette, Associate Engineer
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
OLD TOWN FRONT STREET BETWEEN THIRD STREET AND
FIFTH STREET FOR THE "OLD TOWN TEMECULA ANTIQUE
STREET FAIRE" EVENT SCHEDULED FOR SEPTEMBER 24,
2005 AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
BACKGROUND: The "Old Town Temecula Antique Street Faire" event is scheduled for.
Saturday, September 24, 2005 from 10:00 AM to 4:00 PM with the actual street closure scheduled
between 6:00 AM to 6:00 PM, It is the first Old Town Temecula's Antique Street Faire and
admission is free, This event will include hundreds of antiques, collectibles and heirlooms for sale.
Dealers from local antique malls as well as Southern California-based dealers will be on display,
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
closing is necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing".
1
R:\AGENOA REPORTS\2005\091305\Old Town Temecula Antique Street Faire.Road Closure.DOC
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 Temecula Antique Street Faire", 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.
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, 2005_
2, Vicinity Map
2
R:\AGENDA REPORTS\2005\091305\Old Town Temecula Antique Street Faire,Road ClosureDOC
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
OLD TOWN FRONT STREET BETWEEN THIRD STREET AND
FIFTH STREET FOR THE "OLD TOWN TEMECULA ANTIQUE
STREET FAIRE" EVENT SCHEDULED FOR SEPTEMBER 24,
2005 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 Temecula Antique Street Faire"
event, for which such temporary street closure on Old Town Front Street between Third Street and
Fifth Street promote the safety and protection of persons usin9 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 Old Town Front Street for the "Old Town Temecula Antique Street Faire" event scheduled for
September 24, 2005; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City
Engineer to approve the temporary street closure of Old Town Front Street for the "Old Town
Temecula Antique Street Faire" 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 En9ineer to permit the temporary street closure of Old
Town Front Street forthe "Old Town Temecula Antique Street Faire" event scheduled for September
24, 2005, 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 meetin9 held on the 13th day of September, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
3
R:\AGENDA REPORTS\2005\091305\0Id Town Temecula Antique Street Faire,Road Closure DOC
[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, 2005-_ was duly and regularly adopted by the City Council of the City ofTemecula
at a regular meeting thereof held on the 13th day of September, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
R:\AGENDA REPORTS\2005\091305\Old Town Temecula Antique Street Faire,Road Closure DOC
...
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Antique Street Faire
Sat , September 24th
~ ~ ts close 6 a~~i:1
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4th Street
Main Street
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Third Street
First Street
Street Closure and Booth Locations
In Purple
Event operation hours
10 a.m. to 4 p.m.
ITEM 15
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~William G, Hughes, Director of Public Works/City Engineer
September 13, 2005
TO:
DATE:
SUBJECT:
Authorize Temporary Partial Street Closures for "Race for the Cure" Event
October 16, 2005, in the Promenade Mall area (Margarita Road, Overland
Drive, Ynez Road, and Solana Way),
PREPARED BY: Ronald J, Parks, Deputy Director of Public Works
~Csteve Charette, Associate Engineer
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET
CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE"
EVENT ON OCTOBER 16, 2005 AND AUTHORIZING THE CITY
ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL
EVENT.
BACKGROUND: The Susan G. Komen Breast Cancer Foundationrremecula Chapter
has applied for permission to close portions of public streets in order to hold the Inland Empire Race
for the Cure on Sunday, October 16, 2005, on and around the Promenade Mall area, Coordination
for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. A
number of sponsors are supporting this event.
The directly affected streets, including Ynez Road, Overland Drive, Margarita Road, and Solana
Way would require some partial or full closures on the event date, The Mall Ring Road, a private
road, will also be partially closed for the event. Provision for traffic movements along the race route
and abutting streets have been reviewed and revised to meet traffic concerns along both major
traffic routes and neighboring residences and businesses during the proposed event period,
The race route begins at the starting line located on the Mall Ring Road near Macy's, proceeds to
Promenade Way southerly to Overland Drive, then easterly on Overland Drive with a u-turn at
Margarita Road, then westerly again along Overland Drive, The route then proceeds southerly
along Ynez Road, easterly and southerly along Motor Car Parkway to Solana Way and then easterly
along Solana Way, to Margarita Road. From Solana Way the route proceeds northerly to a u-turn at
Winchester Road, returning southerly on Margarita Road to Mall Entrance at North General Kearney
Road, westerly to Mall Ring Road to the finish line located in the parking lot adjacent to Edward's
Cinema,
1
R\AGENDA REPORTS\2005\091305\RaceForTheCure2005,Road Closure.doc
The following summarizes the extent of street closures, The actual event hours are from 5:00 AM to
2:00 PM:
Overland Drive - Overland Drive, between Margarita Road and Promenade Way, will be fully closed,
Overland Drive, between Promenade Way and Ynez Road, will be partially closed. The two (2)
eastbound lanes will be closed for the event
Ynez Road - Ynez Road, between Overland Drive and Motor Car Parkway, will be partially closed,
The easternmost northbound lane will be closed for the event
Solana Way - Solana Way, between Motor Car Parkway and Margarita Road, will be partially closed,
The northernmost westbound lane will be closed.
Margarita Road - Margarita Road, between Solana Way and Overland Drive, will be partially closed.
The two (2) southbound lanes will be closed. Margarita Road, between Overland Drive and
Winchester Road, will be partially closed. The westernmost northbound lane will be closed for the
event Margarita Road, between Winchester Road and the Mall Entrance Road, will be partially
closed, The two (2) southbound lanes will be closed for the event
Mall Entrance Road (Private Street) - The westbound lane of the Mall Entrance Road, the one
opposite North General Kearny Road, will be closed for the event
Mall Ring Road (Private Street) -A portion of The Mall Ring Road, between the start and finish lines,
will be closed entirely for the event The traffic control plan shows the limits of closure.
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
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 right of way.
While a process was established for reviews and approvals, no mechanism was provided for
delegating authority to temporarily close streets, or portions of streets, for these special events,
The recommended resolution delegates the authority to approve temporary street closures for the
Inland Empire "Race for the Cure" Event sponsored by The Susan G. Komen Breast Cancer
FoundationfTemecula Chapter. This authority is limited to and delegated to the City Engineer (oran
authorized representative) only. Any other special events requiring temporary street closures,
construction related closures, etc., remain subject to the approval of the City Council subject to rules
and regulations established by the City Council. These rules and regulations shall also be adopted
by resolution in accordance with California Vehicular Code Section 21101,
The basic racecourse and event schedule is attached hereto, The approved traffic control plans will
more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in
the adjoining areas, the residential neighborhoods, and the Solana Ridge Apartments,
FISCAL IMPACT: Costs for City services have been provided for in the City budget in
accordance with the funding agreement with the Inland Empire affiliate of the Susan G. Komen
Breast Cancer Foundation,
ATTACHMENTS:
1, Resolution No, 2005-_.
2. Race Course Map
2
R:\AGENDA REPORTS\2Q05\091305\RaceForTheCure2005.Road Closure.doc
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY
PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE
FOR THE CURE" EVENT ON OCTOBER 16, 2005, AND
AUTHORIZING THE CITY ENGINEER TO ISSUE PERMIT FOR
THIS SPECIFIC SPECIAL EVENT
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 ofTemecula desires to authorize the partial closure of public streets for
the Inland Empire Inaugural "Race for the Cure" Event sponsored by The Susan G, Komen Breast
Cancer FoundationrTemecula Chapter, for which such temporary street closures promote the safety
and protection of persons using or proposing to use those streets for the special event: and,
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close public streets for the Inland Empire Temecula "Race for the Cure" on Sunday, October 16,
2005 from 5:00 AM to 2:00 PM, possibly longer to allow everyone to finish the race: and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve
temporary street closures for the Inland Empire "Race for the Cure" sponsored by The Susan G,
Komen Breast Cancer FoundationrTemecula Chapter, 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 City Engineer to permittemporary street closures for the Inland Empire "Race for the
Cure" Event on Sunday, October 16, 2005 from 5:00 AM to 2:00 PM, possibly longer to allow
everyone to finish the race,
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 13th day of September 2005,
Jeff Comerchero, Mayor
ATTEST:
Susan W.Jones, CMC, City Clerk
3
R:\AGENOA REPORTS\200SI091 30S\RaceForTheCure200S.Road Closure,doc
[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. 2005- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 13th day of September, 2005, by the following
vote:
AYES:
o
COUNCILMEMBERS:
NOES:
o
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
o
Susan W, Jones, CMC, City Clerk
4
R:\AGENDA REPORTSI2005\091305\RaceForTheCure2005.Road Closure.doc
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ITEM 16
APPROVAL
CITY ATTORNEY ~/I
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
rrJd William G, Hughes, Director of Public Works/City Engineer
TO:
DATE:
September 13, 2005
SUBJECT:
Authorize Temporary Street Closures for the 6th Annual Temecula Fall Car
Show & Old Town Cruise Event (Old Town Front Street, between Moreno
Road and Second Street, and other related streets)
PREPARED BY:
Ronald J, Parks, Deputy Director of Public Works
Steve Charette, Associate Engineer.
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES
FOR THE 6th ANNUAL TEMECULA FALL CAR SHOW EVENT,
AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT
FOR THIS SPECIFIC SPECIAL EVENT
BACKGROUND: The 6th Annual Temecula Fall Car Show necessitates the physical
closure of certain streets in the Old Town area, and-related detouring, to accommodate and provide
the "Street Scene" ambience that allows the free movement of pedestrian traffic by minimizing
potential vehicular-pedestrian conflicts,
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
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 right of way.
While a process was established for reviews and approvals, no mechanism was provided for
delegating authority to temporarily close streets, or portions of streets, for these special events.
The recommended resolution delegates the authority to approve temporary street closures for the
6th Annual Temecula Fall Car Show Event sponsored by P & R Productions. This authority is
limited to and delegated to the City Engineer (or an authorized representative) only. Any other
special events requiring temporary street closures, construction related closures, etc., remain
1 R:\AGENOA REPORTS\2005\091305\6lt1 Annual Temecula Fall Car Show,Road Closure.doc
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,
This year's Temecula Fall Car Show Event sponsors propose street closures as follows: Old Town
Front Street between Moreno Road (E) to Second Street from 2:00 pm to 11 :00 pm on Friday
October 7th, 2005, and from 5:00 am to 5:00 pm on Saturday, October 8th, 2005, Main Street mid-
block, east and west of Old Town Front Street, will also be closed to through traffic, Main Street
west of Old Town Front Street shall be closed just east of the Mercantile Building. Sixth Street, Fifth
Street, Fourth Street, and Third Street will be closed mid-block east of Old Town Front Street.
Access is provided to handicap parking lots located at Sixth Street and Mercedes Street and at First
Street and Old Town Front Street. Show car parking will be at designated parking lots and along
both sides of Old Town Front Street as shown on the attached Location Map,
Due to the scheduled opening of the Temecula Community Theater during this same weekend, the
scheduled starting time for the Car Show event on Fridaywas changed to 2:00 pm instead of Noon,
The Car Show hours for Saturday will not be affected by the theater opening. Main Street on the
west end will be closed at a point just east of the Mercantile building to allow shuttles to drop off
patrons attending the theater and Mercantile performances, Theater patrons will park their vehicles
at the Temecula Community Center on Pujol Street and be dropped off in the parking lot of the
Children's Museum next to the Community Theater. The shuttle service will occur during the day
and through the evening on Friday and all day Saturday, City personnel will staff the Temecula
Community Service Center parking lot and the Children's Museum drop-off area with Boy Scout
volunteers, as well as a paid staff along with security personnel.
The Entertainment Stage for the Car Show will be located in an area that does not conflict with the
theater opening. The alternative locations for the stage setup include the bus area of the Sixth
Street parking lot, Main Street just west of Mercedes Street, or Third Street west of Old Town Front
Street. The stage will be left up overnight.
Clean-up for the Car Show will be provided by Rene Commercial Management. Priority for the clean
up each day shall be in front of the Community Theater and then move to the east. The final clean-
up for the Car Show event will occur Saturday evening after the car show.
P & R Foundation, the Car Show event organizers and City Staff will continue to work closely to
address any conflicts that may arise due to both the Fall Car Show and the Theater Opening
occurring at the same 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. 2005- .
2. Location Map
2 R:\AGENDA REPORTS\2005\091305\6lh Annual Temecula Fall Car Show, Road Closure.doc
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY STREET
CLOSURES FOR THE 6th ANNUAL TEMECULA FALL CAR
SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
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 desires to authorize the closure of public streets for the
6th Annual Temecula Fall Car Show Event sponsored by P & R Productions, for which such
temporary street closures promote the safety and protection of persons using or proposing to use
those streets for the special event: and,
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close public streets for the 6th Annual Temecula Fall Car Show Event, specifically Old Town Front
Street between Moreno Road (E) and Second Street, Main Street mid-block, east and west of Old
Town Front Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Friday,
October 7,2005 from 2:00 PM to 11 :00 PM and on Saturday, October 8,2005 from 5:00 AM to 5:00
PM; and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve
temporary street closures for the 6th Annual Temecula Fall Car Show Event sponsored by P & R
Productions, 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 City Engineer to permit temporary street closures for the 6th Annual Temecula Fall
Car Show Event, and establishes the general rule that all other temporary public street closures
shall be approved or denied approval by the City Council as follows: Old Town Front Street between
Moreno Road (E) and Second Street, Main Street mid-block, east and west of Old Town Front
Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Friday, October 7,2005
from 2:00 PM to 11 :00 PM and on Saturday, October 8, 2005 from 5:00 AM to 5:00 PM,
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 13th day of September 2005.
Jeff Comerchero, Mayor
3
R:\AGENDA REPORTS\2005\091305\6th Annual Temecula Fall Car Show.Road Closure.doc
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. 2005-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 13th day of September 2005, by the following
vote:
AYES:
o
COUNCILMEMBERS:
NOES:
o
COUNCILMEMBERS:
ABSENT:
o
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
R:\AGENDA REPORTS\2005\091305\6th Annual Temecula Fall Car Show,Road Closure,doc
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ITEM 17
APPROVAL _L'l
CITY ATTORNEY '-tt(j?(t/tl
DIRECTOR OF FINANCE
CITY MANAGER (h')
Ir
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
(}.j~illiam G. Hughes, Director of Public Works/City Engineer
September 13, 2005
DATE:
SUBJECT:
Award the Construction Contract for Project No, PW04-12
Pavement Rehabilitation Program FY 2005/06 - Ynez Road
PREPARED BY: ($Greg Butler, Principal Engineer
~vlin R. Odviar, Associate Engineer
RECOMMENDATION: That the City Council:
1. Award a construction contract for Project No, PW04-12 Pavement Rehabilitation
Program FY 2005/06 - Ynez Road, to Silvia Construction, Inc. in the amount of
$709,568.39 and authorize the Mayor to execute the contract.
2, Authorize the City Manager to approve change orders not to exceed the contingency
amount of $70,956,84, which is equal to 10% of the contract amount.
BACKGROUND: On July 26, 2005 the City Council approved the Construction Plans and
Specifications and authorized the Department of Public Works to solicit construction bids for the
subject project.
This project will restore the roadway pavement on Ynez Road between Rancho California Road and
Solana Way. In most areas, restoration will involve removal and overlay. In other areas, the full
depth of roadway structural section will be reconstructed, Existing features such as striping, traffic
signal detector loops, and utility facilities will be reinstalled or adjusted as necessary, An agreement
between the City and Eastern Municipal Water District will address reimbursement for work on
sewer facilities,
Four (4) bids were received and publicly opened on Wednesday, August 24, 2005. The results were
as follows:
1,
2.
3.
4.
Silvia Construction, Inc.
All American Asphalt
Hardy & Harper, Inc.
R.J, Noble Company
$709,568.39
$745,600.00
$796,750.78
$814,942.82
A copy of the bid summary is available for review in the City Engineer's office.
R\AGENDA REPORTS\2005\091305\PW04-12 AWARD.DOC
Staff has reviewed the bid proposals and found Silvia Construction, Inc" of Rancho Cucamonga,
California, to be the lowest responsible bidder, Silvia Construction, Inc. has extensive experience in
roadway rehabilitation and has successfully completed similar projects for other city agencies.
The Engineer's estimate for this project was $740,000,00, The specifications allow fifty (50) working
days for the completion of this project. To minimize disruption to the traveling public, the bulk of
construction work is planned for execution during the night.
FISCAL IMPACT: The Pavement Rehabilitation Program Citywide is a Capital Improvement
Project funded through Measure A Funds. Adequate funds are available to cover the total project
construction cost of $780,525,23, which includes the contract amount of $709,568,39 plus 10%
contingency amount of $70,956.84,
ATTACHMENT:
1, Project Description
2, Location Map
3, Contract
2
R\AGENDA REPORTS\2005\091305\PW04-12 AWARD.DOC
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BEGIN CONSTRUCTION
LOCATION MAP
PW04-12
PAVEMENT REHAB PROG FY 2005/06
YNEZ ROAD
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECTNO.PWO~12
PA VEMENT REHABILITA TION PROGRAM FY 2005/06 - YNEZ ROAD
THIS CONTRACT, made and entered into the 13th day of September, 2005, by and between
the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and Silvia
Construction, Inc., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond,
Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04.12,
PAVEMENT REHABILITATION PROGRAM FY 2005/06 - YNEZ ROAD, Insurance Forms, this
Contract, and all modifications and amendments thereto, the State of California Standard Plans
and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the
California Department of Transportation, where specifically referenced in the Plans, Special
Provisions, and Technical Specifications, and the latest version of the Standard Specifications
for Public Works Construction, including all supplements as written and promulgated by Public
Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW04-12,
PAVEMENT REHABILITATION PROGRAM FY 2005/06 - YNEZ ROAD. Copies of these
Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials, and
construction methods for this Contract except as amended by the General Specifications,
Special Provisions, and Technical Specifications for PROJECT NO. PW04-12, PAVEMENT
REHABILITATION PROGRAM FY 2005/06. YNEZ ROAD,
In case of conflict between the Standard Specifications and the other Contract Documents, the
other Contract Documents shall take precedence over, and be used in lieu of, such conflicting
portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed and in
place and that only the best general practice is to be used. Unless otherwise specified, the
CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all
the work involved in executing the Contract.
EXHIBIT "C' - STANDARD PLANS
C-1
~"__""""""_'<IIOONmlOCOONFIHI:I~'~_'"
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all, Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and
all utility and transportation services required for the following:
PROJECT NO. PW04-12
PAVEMENT REHABILITATION PROGRAM FY 2005/06. YNEZ ROAD
All of said work to be performed and materials to be furnished shall be in strict accordance with
the Drawings and Specifications and the provisions of the Contract Documents hereinabove
enumerated and adopted by CITY,
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to the
approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE, The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of:
SEVEN HUNDRED NINE THOUSAND FIVE HUNDRED SIXTY EIGHT DOLLARS and
THIRTY NINE CENTS ($709,568.39), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed fifty (50) working days,
commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence
until bonds and insurance are approved by CITY.
5. CHANGE ORDERS, All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as established by
the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to the City
Engineer a schedule of values allocated to the various portions of the work, prepared in such
form and supported by such data to substantiate its accuracy as the City Engineer may require,
This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the
CONTRACTOR's payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104,50 of the Public Contract Code, within thirty (30) days after
submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to
ninety percent (90%) of the value of the work completed according to the bid schedule.
Payment request forms shall be submitted on or about the thirtieth (30th) day of each
successive month as the work progresses. The final payment, if unencumbered, or any part
thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the
EXHIBIT 'C' - STANDARD PlANS
C-2
.~,,--...........__......~~_...
CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY,
C, Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for which
payment is demanded has been performed in accordance with the terms of the Contract, and
that the amount stated in the certificate is due under the terms of the Contract. Partial
payments on the Contract price shall not be considered as an acceptance of any part of the
work,
D, Interest shall be paid on all undisputed payment requests not paid within thirty (30) days
pursuant to Public Contracts Code Section 20104.50, Public Contract Code Section 7107 is
hereby incorporated by reference.
E. In accordance with Section 9-3,2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be
requested by the Contractor for review and approval by the Engineer if the progress of the
construction has been satisfactory, and the project is more than 50% complete, The Council
hereby delegates its authority to reduce the retention to the Engineer.
7, LIQUIDATED DAMAGES EXTENSION OF TIME, In accordance with Government
Code Section 53069,85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand five hundred dollars ($1,500.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for unforeseeable
delays beyond the control of, and without the fault or negligence of, the CONTRACTOR
including delays caused by CITY. Within ten (10) calendar days of the occurrence of such
delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the
occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to
support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and
documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay
claims against CITY.
8, WAIVER OF CLAIMS, On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work
related to the payment. Unless the CONTRACTOR has disputed the amount of the payment,
the acceptance by CONTRACTOR of each payment shall constitute a release of all claims
against the CITY related to the payment. CONTRACTOR shall be required to execute an
affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contract, from the Director of the
Department of Industrial Relations. These rates are available from the California Department of
Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a
copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum, CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776,
1777,5,1777.6, and 1813 of the Labor Code.
EXHIBIT 'C' - STANDARD PLANS
C-3
ot"<:PI'Al>Jf=---,,__...........y..._....."'"""""""~""*""...
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY,
as a penalty, the sum of $25,00 for each calendar day, or portion thereof, for each laborer,
worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done
under this Contract, by him or by any subcontractor under him, in violation of the provisions of
the Contract.
10, TIME OF THE ESSENCE, Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone,
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or indirectly out
of the obligations herein undertaken or out of the operations conducted by CONTRACTOR,
save and except claims or litigations arising through the sole active negligence or sole willful
misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all
costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall
deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees, agents,
or representatives with a view toward securing this Contract or securing favorable treatment
with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or any
architect, engineer, or other preparers of the Drawings and Specifications for this project.
CONTRACTOR further warrants that no person in its employ has been employed by the CITY
within one year of the date of the Notice Inviting Bids.
14, CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen
and persons employed, all firms supplying materials, and all subcontractors upon the Project
have been paid in full, and that there are no claims outstanding against the Project for either
labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed
claims or items in connection with a Stop Notice which has been filed under the provisions of
the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all
relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the CITY.
17, INSPECTION, The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and places,
EXHIBIT "C' - STANDARD PLANS
C-4
'''-''~tl_._...........__fIUI_'"""""",*-__'''
including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner as to
not unduly delay the work, The work shall be subject to final inspection and acceptance
notwithstanding any payments or other prior inspections, Such final inspection shall be made
within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion, national origin,
color, sex age, or handicap,
19, GOVERNING LAW, The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event of litigation between the parties concerning
this Contract, the prevailing party as determined by the Court, shall be entitled to actual and
reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board
member, officer or employee of the City of Temecula has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, or in the business of the contracting party
other than the City of Temecula, and that if any such interest comes to the knowledge of either
party at any time, a full and complete disclosure of all such information will be made, in writing,
to the other party or parties, even if such interest would not be considered a conflict of interest
under Article 4 (commencing with Section 1090) or Article 4,6 (commencing with Section 1220)
of Division 4 of Title I of the Government Code of the State of California.
21. ADA REQUIREMENTS, By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as
amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S, Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to
the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O, Box 9033
Temecula, CA 92589-9033
Street Address:
William G, Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
EXHIBIT 'C' - STANDARD PLANS
C-5
.~"_........,,.,...,-''''''''''''''''''-'..,---
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written,
DATED:
CONTRACTOR
Silvia Construction, Inc.
9007 Center Ave.
Rancho Cucamonga, CA 91730-5311
(909) 481-8118
Joseph M, Silvia, President
Clare R. Manchester-Wamel, Secretary
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Jeff Comerchero, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
EXHIBIT "C' - STANDARD PLANS
c-S
'~~1Z__",,"""_~FLW_'-'-'_"
ITEM 18
APPROVA~
CITY ATTORNEY '-UJ/2
DIRECTOR OF fiNANCE .
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: I'~i William G, Hughes, Director of Public Works/City Engineer
DATE: September 13, 2005
SUBJECT: City Maintenance Facility Expansion/Field Operations Center-Phase I,
Project No, PW03-06
PREPARED BY:
Greg Butler, Principal Engineer
Kavon Haghighi, Project Manager
RECOMMENDATION:
That the City Council:
1. Award a construction contract for the Phase I of the Field Operations Center
(Maintenance Facility Expansion), Project No. PW03-06, to Western Rim Constructors,
Inc" in the amount of $636,094,80, and authorize the Mayor to execute the contract.
2, Authorize the City Manager to approve change orders not to exceed the contingency
amount of $63,609.48, which is equal t01 0% of the contract amount.
BACKGROUND: On June 28, 2005, the City Council approved the plans and
specifications for the subject project and authorized the public work department to solicit
construction bids, The engineer's estimate for the Phase I for this project is about $766,000,00.
The entire project consists of the construction of a 17,000 square foot field Operations Center
(building) and secured corporate yard (shaded heavy equipment, vehicle storage and material
storage bays, etc,) to be constructed on an approximate 3,25-acre lot adjacent to the existing
City Hall, located in the Rancho California Business Park, Phase I of the site work consists of
the construction of parking area including earthwork, grading, and paving, site utility service
connections, on site drainage systems, parking lot lighting, erosion control, irrigation and
landscaping.
Five (5) bids for the project were publicly opened on August 24, 2005, They are as follows:
1.
2.
3.
4.
5.
Western Rim Constructors, Inc.
C,S, Legacy Construction, Inc,
Landmark Site Contractors
Road Builders, Inc.
4-Con Engineering, Inc.
$636,094.80
$666,268,00
$734,734,00
$799,989,00
$836,796,00
A copy of the bid summary is available for review in the City Engineer's office.
Staff has reviewed the bid proposals and found Western Rim Constructors, Inc, of Escondido,
California, to be the lowest responsible bidder for this project. Staff has contacted references
and determined Western Rim Constructors, Inc, has satisfactorily performed similar type of work
for other agencies.
The specifications allow One hundred (100) working days for completion of the project. Work is
expected to begin in October 2005 and barring weather delays, should be completed by the
April 2006,
FISCAL IMPACT: The City Maintenance Facility Expansion/Field Operations Center-Phase I
is a Capital Improvement Project and funded through Development Impact Fees, Corporate
Facilities and Capital Projects Reserves. The total construction cost is $699,704,28, which
includes the contract amount of $636,094,80, plus the 10% contingency amount of $63,609.48,
ATTACHMENTS:
1. Project Location
2. Project Description
3, Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW03.06
MAINTENANCE FACILITY. FIELD OPERA TIONS CENTER. PHASE 1
THIS CONTRACT, made and entered into the 13th day of September, 2005, by and between
the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Western
Rim Constructors, Inc., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1. CONTRACT DOCUMENTS, The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond,
Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW03-06,
MAINTENANCE FACILITY - FIELD OPERATIONS CENTER. PHASE 1, Insurance Forms,
this Contract, and all modifications and amendments thereto, the State of California Standard
Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by
the California Department of Transportation, where specifically referenced in the Plans, Special
Provisions, and Technical Specifications, and the latest version of the Standard Specifications
for Public Works Construction, including all supplements as written and promulgated by Public
Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW03.06,
MAINTENANCE FACILITY. FIELD OPERATIONS CENTER. PHASE 1. Copies of these
Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc,
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials, and
construction methods for this Contract except as amended by the General Specifications,
Special Provisions, and Technical Specifications for PROJECT NO. PW03-06, MAINTENANCE
FACILITY. FIELD OPERATIONS CENTER. PHASE 1.
In case of conflict between the Standard Specifications and the other Contract Documents, the
other Contract Documents shall take precedence over, and be used in lieu of, such conflicting
portions,
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed and in
place and that only the best general practice is to be used, Unless otherwise specified, the
CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all
the work involved in executing the Contract.
CONTRACT
C-1
RICIPIPROJECTSIPW03IPW03.(J6 City Hall.Main!. Facility ExpansionlConstructionlConstru>
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and
all utility and transportation services required for the following:
PROJECT NO. PW03-06, MAINTENANCE FACILITY
FIELD OPERATIONS CENTER PHASE 1
All of said work to be performed and materials to be furnished shall be in strict accordance with
the Drawings and Specifications and the provisions of the Contract Documents hereinabove
enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to the
approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of:
SIX HUNDRED THIRTY SIX THOUSAND NINETY FOUR DOLLARS and EIGHTY CENTS
($636,094.80), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed one hundred (100)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall
not commence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as established by
the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to the City
Engineer a schedule of values allocated to the various portions of the work, prepared in such
form and supported by such data to substantiate its accuracy as the City Engineer may require.
This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the
CONTRACTOR's payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after
submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to
ninety percent (90%) of the value of the work completed according to the bid schedule.
Payment request forms shall be submitted on or about the thirtieth (30th) day of each
successive month as the work progresses. The final payment, if unencumbered, or any part
thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the
CONTRACT
C-2
R:\CIP\PROJECTSIPW03\PW03-06 City Hall-Maint. Facility Expansion\Construction\Consln>
CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for which
payment is demanded has been performed in accordance with the terms of the Contract, and
that the amount stated in the certificate is due under the terms of the Contract. Partial
payments on the Contract price shall not be considered as an acceptance of any part of the
work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days
pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is
hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be
requested by the Contractor for review and approval by the Engineer if the progress of the
construction has been satisfactory, and the project is more than 50% complete. The Council
hereby delegates its authority to reduce the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand five hundred dollars ($1,500.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for unforeseeable
delays beyond the control of, and without the fault or negligence of, the CONTRACTOR
including delays caused by CITY. Within ten (10) calendar days of the occurrence of such
delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the
occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to
support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and
documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay
claims against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work
related to the payment. Unless the CONTRACTOR has disputed the amount of the payment,
the acceptance by CONTRACTOR of each payment shall constitute a release of all claims
against the CITY related to the payment. CONTRACTOR shall be required to execute an
affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contract, from the Director of the
Department of Industrial Relations. These rates are available from the California Department of
Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a
copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776,
1777.5, 1777.6, and 1813 of the Labor Code.
CONTRACT
C.3
R:ICIPIPROJECTSIPW03IPW03.06 City Hall.Maint. Facility ExpansionlConstructionlConstru'
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY,
as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer,
worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done
under this Contract, by him or by any subcontractor under him, in violation of the provisions of
the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or indirectly out
of the obligations herein undertaken or out of the operations conducted by CONTRACTOR,
save and except claims or litigations arising through the sole active negligence or sole willful
misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all
costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall
deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees, agents,
or representatives with a view toward securing this Contract or securing favorable treatment
with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or any
architect, engineer, or other preparers of the Drawings and Specifications for this project.
CONTRACTOR further warrants that no person in its employ has been employed by the CITY
within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen
and persons employed, all firms supplying materials, and all subcontractors upon the Project
have been paid in full, and that there are no claims outstanding against the Project for either
labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed
claims or items in connection with a Stop Notice which has been filed under the provisions of
the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all
relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and places,
CONTRACT
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R:\CIPIPROJECTSIPW03IPW03-06 City Hall.Main!. Facility ExpansionlConstructioo\Consln>
including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner as to
not unduly delay the work. The work shall be subject to final inspection and acceptance
notwithstanding any payments or other prior inspections. Such final inspection shall be made
within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion, national origin,
color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event of litigation between the parties concerning
this Contract, the prevailing party as determined by the Court, shall be entitled to actual and
reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board
member, officer or employee of the City of Temecula has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, or in the business of the contracting party
other than the City of Temecula, and that if any such interest comes to the knowledge of either
party at any time, a full and complete disclosure of all such information will be made, in writing,
to the other party or parties, even if such interest would not be considered a conflict of interest
under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220)
of Division 4 of Title I of the Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as
amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to
the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT
C.5
R:ICIPIPROJECTSIPW03IPW03-06 City Hall.Main!. Facility ExpansionlConstructionlConstru'
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
Western Rim Constructors, Inc.
912 S. Andreasen Dr., Suite 108
Escondido, CA 92029
(760) 489-4328
Ray C. Samuelson, President
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Jeff Commerchero, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
CONTRACT
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R:ICIPIPROJECTSIPW03\PW03-06 City Hall.Main!. Facility ExpansionlConstructionlConstru'
ITEM 19
APPROVAL Ll
CITY ATTORNEY ~
DIRECTOR OF FI~E IJf-
CITY MANAGER ; /
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
John Meyer, Redevelopment Director ;J..>>fi,
DATE:
September 13, 2005
SUBJECT:
Purchase and Sale Agreement for Property located in Old Town
RECOMMENDATION:
It is Recommended that the City Council:
1. Approve the Purchase and Sale Agreement and escrow instructions for certain real
property located at 41910 Main Street (APN 922-044-019) in the City of Temecula and
authorize the Mayor to execute.
2. Approve an appropriation from unreserved General Fund balance in an amount not to
exceed $595,000 for acquisition, escrow, closing costs, appraisal, testing, and related
fees.
BACKGROUND: Staff has been working with Peter Keen on the purchase of property
located at the southwest corner of Main and Mercedes Streets in Old Town. The subject
property is 7,500 sq ft and contains a small off building and modular unit. The property has
been appraised and the total value has been set at $575,000. A Phase I Environmental
Analysis will be conducted on the properties to determine the potential for the presence of
hazardous waste or unacceptable SQil conditions.
Additional fund authorization in the amount of $20,000 is requested to cover escrow and closing
costs, Phase I environmental analysis, and related fees.
FISCAL IMPACT: The $595,000 million acquisition and related costs will be funded from the
unreserved General Fund balance.
Attachments:
1. Purchase and Sale Agreement
R:\Oldtown\OT ACQ\Staff Report OT Acq Sep 13, 200S-Keen.doc I
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 August 30, 2005, is entered into by and between PETER W.
KEEN AND BRENDA A. KEEN, TRUSTEES (collectively "Seller"), and the CITY OF
TEMECULA, a public body, corporate and politic ("Buyer"), upon the following terms and
conditions:
1. 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 parcel of real property of
approximateiy 7,217 square feet identified as Assessor's Parcei Number 922-044-019, located
in the City of Temecula, County of Riverside, State of California, commonly known as 41910
Main Street, Temecula, California 91292, 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
described above shall be Five Hundred Seventy-Five Thousand Dollars ($575,000), payable in
cash. Within five (5) 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.
1.3 Seller's Waiver of Relocation Assistance._ Seller hereby acknowledges
and agrees that the Property is tenant occupied, and that the purchase and sale of the Property
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is being made in the course of voluntary negotiations between Seller and Buyer resulting from
Seller's having offered the Property for sale. Buyer shall have no further obligation to Seller
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 they 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. This waiver does not apply to any of the tenants on the subject property.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CL TA Standard Coverage Form of Owner's Policy of Tille Insurance (or an
AL TA 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 First American Title Company Preliminary Report dated as of October 29,
2004, Order No. NCS-119211 RIV (the "Preliminary Report"): Items 5 through 15.
2.2 Acts After Date of Aqreement. 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 Coveraqe. Buyer shall have the option of obtaining an
AL T A Extended Coverage Form Policy of Title Insurance or a CL T A Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the AL T A
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.
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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 its 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
successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
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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 Aoreement 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 Ooenino of Escrow.
delivery to the Escrow Holder of a fully
Agreement.
Escrow shall be deemed open on the date of
executed copy or executed counterparts of this
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
October 15, 2005 ("Closing Date"). All risk of loss or damage with respect to the Property shall
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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 September
30, 2005, 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 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:
Seller hereunder;
4.7.1 Seller shall have performed all agreements to be performed by
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;
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;
110B7f0001fB32602.1
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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 receipi of wriilen noiice
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: Deliverv 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
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.
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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 Charoes. 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,
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;
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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. Seller has advised Buyer of a
missing staircase in the building, however, Seller is not aware if this constitutes a violation of
any law or govermental regulation. Buyer acknowledges this fact and expressly releases Seller
of any liability resulting from this fact;
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
Code 1445; and
Seller is not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property, except for those identified in Exhibit "B" hereto. Seller
acknowledges that all security deposits for said leases shall be transferred to Buyer. Buyer
acknowledges that all rent accrued prior to the Close of Escrow shall be promptly delivered to
Seller. Seller further acknowledges that it will pro-rate all pre-paid rent and promptly deliver to
Buyer the balance of the rent applied to the period following the Close of Escrow.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
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constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; 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 seq; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et seq; 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 seq; 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 at 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 seq; the Clean Water Act, 33 U.S.C. Section 1251
et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321
et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; 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 seq; the Atomic Energy Act, 42 U.S.C.
Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; 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
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
11087/0001/832602.1
8/02/05
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. 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: (951) 694-6412
Fax: (951) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
11087/0001/832602.1
8/02/05
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Sellers:
Peter & Brenda Keen, Trustees
777 Havenhilll Court
Naples, Florida 34104
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
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.
11087/0001/832602.1
8/02/05
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 anyone 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 October 15, 2005. 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
11087/0001/832602.1
8/02/05
day and year first above written.
"SELLER"
PETER W. KEEN
BRENDA A. KEEN
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
11087/0001/832602.1
"BUYER"
THE CITY OF TEMECULA, a municipal
corporation
By:
Jeff Comerchero, Mayor
Attest:
Susan Jones, City Clerk
8/02/05
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
A.P.N.922-044-019
LOTS 17 AND 181N BLOCK 19 OF THE TOWN OF TEMECULA, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15
PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.
TOGETHER WITH THOSE PORTIONS OF MAIN STREET IN SAID BLOCK 19 THAT
WOULD PASS BY A CONVEYANCE DESCRIBING SAID LOTS, SAID MAIN STREET
HAVING BEEN VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF RIVERSIDE, A CERTIFIED COPY OF SAID RESOLUTION BEING
RECORDED APRIL 23, 1975 AS INSTRUMENT NO. 46491 OF OFFICIAL RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA.
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Keen.DOCA-1
8/02/05
ITEM 20
APPRO\t~
CITY ATTORNEY "'-c,un
DIRECTOR OF F~CE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Council/City Manager
Jim O'Grady, Assistant City Manag~
September 13, 2005 ~...
TO:
DATE:
SUBJECT:
Approval of a license agreement with the Boy Scouts of America Troop 309 to use a
City-owned vacant lot located north westerly of the intersection of Diaz Road and
Rancho California Road for a parking lot during the Temecula Fall Car Show on
October 8, 2005.
PREPARED BY:
Knute Noland, Development Processing Coordinator
RECOMMENDATION:
That the City Council approve a license agreement between the City of Temecula and the Boy
Scouts of America, Troop 309, to use a City-owned vacant lot for off-street parking and fundraisin9
activities during the Temecula Fall Car Show.
BACKGROUND:
The City of Temecula was approached by Ms. Shelly Siciliano, a representative of The Boy Scouts
of America, Troop 309, to obtain permission to use a City-owned vacant lot located north westerly of
the intersection of Diaz Road and Rancho California Road for parking and fundraising activities
related to the Temecula Fall Car Show that will take place on October 8, 2005 in Old Town
Temecula.
The members of the troop will act as parking lot attendants and request a $5.00 donation from each
car parked for their fund raising activity.
A letter will be sent to the Rancho California Business Park Association notifying them that a
temporary parking lot is proposed for this property under their jurisdiction. The City of Temecula will
defer to the Association's comments and approval prior to finalizing this agreement.
FISCAL IMPACT:
None
ATTACHMENT:
License Agreement
R:\noland\Boy Scout Parking Lot License Agreement.doc
LICENSE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND BOY SCOUTS FOR USE OF A PORTION
OF CITY REAL PROPERTY FOR PARKING AT DIAZ ROAD
AND RANCHO CALIFORNIA ROAD
THIS LICENSE AGREEMENT is entered into by and between the City of
Temecula, a municipal corporation ("City"), and Boy Scouts of America, Troop 309 ("Licensee") and
is made as of September _,2005. In consideration of the mutual agreements contained herein,
the parties hereto agree as follows:
1. Right to Use the Property. City is the owner of a parcel of real property in
the City of Temecula located north westerly of the intersection ofDiaz Road and Rancho California
Road which described on Exhibit A, attached hereto and incorporated by this reference (hereafter
"Property"). City hereby grants a license to the Licensee to use the Property for the parking of
vehicles in connection with the Temecula Fall Car Show being held in Old Town Temecula, subject
to the terms and conditions of this Agreement.
2. Term of License. The term of this License Agreement shall be from 5:00 a.m
to 5:30 p.m. on October 8, 2005.
3. Responsibilities of the Parties.
a. Licensee shall pay no rent or fee for this License Agreement.
b. Licensee shall maintain the Property in a neat and clean condition
during its use and shall restore the Property to the condition it was in at the time this License
commenced.
c. Licensee shall comply with all applicable local, state and federal laws,
ordinances, rules and regulations in the conduct of its operations on the Property.
d. Licensee shall comply with all conditions of the Temporary Use Permit
issued by the City of Temecula.
4. Indemnification. Licensee shall defend, indemnifY, assume all
responsibility for and hold City, and its officers, officials, agents, employees and volunteers,
harmless from all costs (including attorneys fees and costs), claims, demands, mechanics liens,
liabilities or judgments for injury or damage to property and injuries to persons, including death,
which may be caused by any of the actions or inactions of the Licensee or users of the Property or
which may result from the Licensee's use of the Property, whether such actions or inactions or use be
by Licensee or any person directly or indirectly employed or contracted with by the Licensee and
whether such action shall accrue or be discovered before or after termination of this Agreement.
This section shall survive termination of this License Agreement.
5. Insurance Requirements. Licensee shall procure and maintain for the duration
of the contract insurance against claims for injuries to persons or damages to property, which may
837253.1 September 6, 2005
1
arise from or in connection with the performance of the work hereunder by the Licensee, its agents,
representatives, or employees.
a. Minimum Scope ofInsurance. Coverage shall be at least as broad as:
(I) Insurance Services Office Commercial General Liability form
No. CG 00 01 II 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Licensee owns no automobiles, a non-owned auto endorsement to the
General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Licensee has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Licensee shall execute a
declaration that it has no employees.
than:
b. Minimum Limits ofInsurance. Licensee shall maintain limits no less
(1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($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 Director of Finance. At the
option of the Director of Finance, either the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the City, its officers, officials, agents, employees or
volunteers; or the Licensee shall procure a bond guaranteeing payment oflosses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
837253.1 September 6,2005
2
(1) The City, its officers, officials, agents, employees and volunteers are
to be covered as insured's as respects: liability arising out of
activities performed by or on behalf of the Licensee; products and
completed operations of the Licensee; premises owned, occupied or
used by the Licensee; or automobiles owned, leased, hired or
borrowed by the Licensee. The coverage shall contain no special
limitations on the scope of protection afforded to the City their
officers, officials, agents, employees or volunteers.
(2) For any claims related to this project, the Licensee' 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, agents, employees or
volunteers shall be excess of the Licensee' 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, agents, employees or
volunteers.
(4) The Licensee' insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has
been given to the City.
e. Acceptabilitv ofInsurers. Insurance is to be placed with insurers with
a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Licensee 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. All endorsements are to be received and approved by
the City before work commences. As an alternative to the City's forms, the Licensee' insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
6. 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)
837253.1 September 6,2005
3
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:
City:
CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92590
Attention: City Manager
Licensee:
Boy Scouts of America, Troop 309
Temecula, Ca. 92590
Attn: Shelly Siciliano
(951) 296-8144
6. Interpretation. Each party had the full opportunity to participate in the drafting
of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the
ground that the party drafted the Agreement or caused it to be prepared.
7. Authoritv to Enter Into Agreement. Each person signing below personally
warrants and represents to the City that the Licensee has approved this License, intends to be bound
by its terms and that they are duly authorized to execute this License Agreement on behalf of the
Licensee.
8. Entire Agreement. This Agreement and any documents attached hereto or .
referred to herein integrate all terms and conditions mentioned herein or incidental hereto and
supersede all oral or written negotiations and prior writing in respect to the use of the Property as
provided in this Agreement.
1111
1111
837253.1 September 6, 2005
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first above written.
CITY OF TEMECULA
Shawn D. Nelson
City Manager
ATTEST:
Susan Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
837253.1 September 6, 2005
5
BOY SCOUTS OF AMERICA, TROOP 309
By:
Name:
Title:
By:
Name:
Title:
[Signatures of two officers of Licensee Required]
837253.1 September 6, 2005
6
EXHIBIT A
DESCRIPTION OF PROPERTY SUBJECT TO LICENSE
837253.1 September 6, 2005
7
EXHIBIT A
DESCRIPTION OF PROPERTY SUBJECT TO LICENSE
837253.1 September 1, 2005
N
A
7
TEMECULA COMMUNITY.
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
AUGUST 23, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:58 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Comerchero, Naggar, Roberts
and Washington
ABSENT:
o
DIRECTORS:
None.
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of August 9, 2005.
2 Acceptance of Landscape Bonds and Aqreements for Parcel Map Nos. 29353. 29353-1.
and 29353-2 - Roripauqh Ranch Landscaped Medians and Neiqhborhood Park
RECOMMENDATION:
2.1 Accept the agreement and surety bonds from Ashby USA, LLC to improve
landscaped medians along Butterfield Stage Road within Parcel Map No. 29353;
2.2 Accept the agreement and surety bonds from Ashby USA, LLC to improve
landscaped medians along Murrieta Hot Springs Road within Parcel Map No.
29353-1 ;
2.3 Accept the agreement and surety bonds from Ashby USA, LLC to improve
Neighborhood Park within Parcel Map No. 29353-2.
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Edwards seconded the motion and electronic vote reflected unanimous approval with
the exception of Agency Member Roberts who abstained on Item No. 1.1
DEPARTMENTAL REPORT
No additional comment.
R:IMinutes.csdI082305
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
GENERAL MANAGER'S REPORT
General Manager Nelson commended the Community Services Department for the outstanding
programs and activities offered during the summer.
BOARD OF DIRECTORS' REPORTS
Agency member Naggar commented on the aesthetically unpleasing landscaping on the slopes
along Margarita Road across Temecula Elementary School and directed staff to explore options
available for the Council to discuss maintenance opportunities.
President Washington relayed that Agency Member Comerchero and he have had informal
discussions regarding the implementation of a Teen Center, advising that it would be his opinion
that the Community Services Commission be engaged in the planning sessions and meetings
regarding a Teen Center.
Highlighting on President Washington's comment, Agency Member Comerchero suggested
establishing a student advisory group and requested that this suggestion be added to a Community
Services Commission agenda to review and discuss.
President Washington congratulated the Community Services Department for a wonderful summer
of activities.
ADJOURNMENT
At 8:05 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, September 13, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
R:\Minutes.csd\082305
2
ITEM 2
APPROVAL ,A]
CITY ATTORNEY ~;9~
FINANCE DIREC~
CITY MANAGER ~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Genie Roberts, Director of Finance
DATE:
September 13, 2005
SUBJECT:
Financial Statements for the Fiscal Year Ended June 30, 2005
PREPARED BY:
Jason Simpson, Assistant Finance Director ~
Pascale Brown, Senior Accountant Pl3 {f
RECOMMENDATION: That the Board of Directors:
1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2005.
DISCUSSION: The attached financial statements reflect the unaudited activity of the
Community Services District for the Fiscal Year Ended June 30, 2005. Please see the attached
financial statements for an analytical review of financial activity.
FISCAL IMPACT:
None
ATTACHMENTS:
Combining Balance Sheet as of June 30, 2005
Statement of Revenues, Expenditures and Changes in Fund Balance for
The Fiscal Year Ended June 30, 2005
TEMECULA COMMUNITY SERVICES DISTRICT
Combining Balance Sheet as of
June 30, 2005
And the
Statement of Revenues, Expenditures and Changes
in Fund Balance
For The Fiscal Year Ended
June 30, 2005
(Unaudited)
Prepared by the Finance Department
Tenrcula Connnmity Services District
Corrbining Balance Sheet
As of June 30, 2005
Parks & Service Service Service
Recreation LevelB Level C LevelD
Assets:
Cash and investrrrnts $ 1,224,163 $ 158,955 $ 352,345 $ 1,681,832
Receivables 137,125 16535 42,291 121.486
Due from other funds
Total assets S 1,361,288 S 175,490 $ 394,636 $ l)lU3.31H
Liabilities and fund balances:
Liabilities:
Due to other funds
Other current liabilities $ 430,790 $ 63 S 91,653 $ 1,802,469
430,790 63 91,653 1,802,469
Fund balances:
Reserved
Designated 930,498 175,427 302,983 849
Total fund balances 930,498 175,427 302,983 849
Total liabilities
and fund balances $ 1,361,288 $ 175,490 $ 394,636 $ 1.803,318
Please note that these balances are unaudited
Ten~ula Conull.mity Services District
COrrDining BalaIll:e Sheet
As of J Ulte 30, 2005
Service Service Debt
Level R LevelL Service Tulal
As..<;ets:
Cash and investnrnts $ 30,346 365,077 $ 4,500 $ 3,817.218
Receivables 392 2,575 28 320,432
Due from other funds
Total assets $ 30,738 367,652 $ 4,528 $ 4,131,650
Liabilities and fund balances:
Liabilities:
Due to other funds
Other current liabilities $ 92,819 $ 2,411,194
92,819 2,411,194
Fund balances:
Reserved
Designated S 30,13M 274,M34 $ 4.52K UIY.:'~57
Total fund balances 30,738 274.834 4,528 l.71Y,857
Total liabilities
and fund balances $ 30,738 $ 367,652 $ 4.528 $ 4,137,650
Please note that these balances are unaudited
2
Temecula Conununity SeIVices District
Citywide Operations
Statement of Revenues, Expenditures and Changes in Fund Balance. Budget and Actual
For the Fiscal Year Ended June 30. 2005
Annual
Amended YTD Tolal Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Special tax $ 2,763,531 2.747,916 $ 2,747.916 99(fr,
TCSD admin ree creditl"REST" 3.725,200 3.725.200 ].725200 IOO(lr
Recreation programs 1.216.600 1.281.640 1.281.640 lO5'7e ([)
Investment interest 10,000 13.733 1].733 D7(lr (2)
Total Revenues 7,715,331 7,768,489 7,768.489 101%
Expenditures:
Parks, medians and arterial street lighting 4.845.615 4,568.851 10.087 4.578.9]8 94(* (3)
Seniors 166,400 150,314 150.314 901/(,
Community Recreation Center (CRC) 469,400 426,107 1.129 427,236 91(7r,
Recreation programs 751.648 672.060 28,030 700,090 93%
Temecula Corrrmunity Center (TCC) 172,847 159.225 159,225 92%
Museum 197,800 179.718 179,718 91%
Aquatics 489.450 4]2.623 2.688 435,311 89%
Sports 227,350 167,696 ].493 17L189 75(.1(
Children's Museum 224,644 222.438 UOl 223.739 100(3
Community Theater 91.1 00 64.564 16.900 81.464 89(;'~
Operating transfers out 566.300 566.300 566,]00 1001}(,
Total Expenditures 8,202,554 7.609,896 63,628 7,67],524 94%
Revenues Over/(Under) Expenditures (487,223) 158,59]
Beginning Fund Balance, July 1, 2004 771,905 771,905
Ending Fund Balance, June 30. 2005 $ 284,682 $ 930.498
Notes:
1) The variance is due to increased participation in Recreation Programs.
2) Interest investment was higher than expected due to steady interest rate increase by the Fedral Open Market Commitke.
3) The variance is due to lesser than expected expenditures for Utility. Street Lighting. consulting and landscape maintenance
services.
3
Temecula Community Services District
Service Level B
Residential Street Lights
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Fiscal Year Ended June 30, 2005
Assessments
Street lighting fees
.Miscellaneous
Annual
Amended YTO Total Percent
Budget Activity Encumbr. Activity of Budgel
$ 481.680 $ 478,881 $ 478.881 991;1,
24,000 32.316 32.316 L15(?r (I)
1.800 1.863 1.863 104(?r.
507,480 513.060 513.060 101170
Revenues:
Total Revenues
Expenditures:
Salaries & Wages
Street lighting
.Miscellaneous
5,000 5.368 5.368 107(7r
560.000 495,563 495.563 88(;1-
13.900 9.592 5.700 15.292 110(;>1,
578.900 510.523 5.700 516.223 89(;i{
(71.420) 2.537
172.890 172.890
$ 101.470 $ 175.477
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2004
Ending Fund Balance, June 3D. 2005
Notes:
1) The increase in Street lighting fees is due to the timing of developers paying advance energy fees for
future TCSD maintained residential Street lights.
4
Temecula Community Services District
Service Level C
Perimeter Landscaping and Slope Maintenance
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Fiscal Year Ended June 30, 2005
Annual
Amended YTIJ Towl Pen:t;nt
Budget Activitv Encumnr. Activity ofBud~l:t
Revenues:
Assessments $ 1,202.732 $ 1.189,269 $ 1.189,269 990/r,
Investment interest 2,000 4.441 4.441 222% (1)
Plan check and inspections 30,000 16,721 16,721 56',;
Miscellaneous 31.320 3],316 3],316 1001,7,
Total Revenues 1.266,052 1,241.747 1,241.747 9XrJ7n
Expenditures:
Salaries and wages 246,800 225,088 225,088 91%
Landscape maintenance 690,000 687,856 687.856 10017r,
Utilities 265,000 254,137 254,137 961;;
Other expenditures 83,700 66,74] 1.100 70,041 X4'7,
Total Expenditures 1.285.500 1.233.X22 3,300 L2.17.122 96'7,
Revenues Over/(Under) Expenditures (19.448) 7,925
Beginning Fund Balance, July I, 2004 295,058 295,058
Ending Fund Balance, June 30, 2005 $ 275.610 $ 302.983
Notes:
1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
5
Temecula Cornrnunity Services District
Service Level D
Refuse Collection, Recycling and Street Sweeping
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Fiscal Year Ended June 30. 2005
Annual
Amended YTD Total Pcn.:ent
Budget Activity Encumhr. Activity (If Bud~cl
Revenues:
Assessments $ 3,5n,671 $ 3.567.600 $ 3.567.600 100r7o
Grants 25.820 20.818 20,818 XI% (I)
Investment interest 2,000 6,765 6.765 33W7o (1)
Recycling Program 5,000 5.000 5.000 1000;{,
Street Lighting Fees 7.000 0 0%,
Operating Transfer in 70,000 70.000 70,000 100%
Total Revenues 3,688,491 3,670.183 3.670,1~3 ]00%
Expenditures:
Salaries and wages 38.500 40,527 40.527 105rVr,
Refuse hauling 3,604,100 3.604,099 3.604.099 100%
Other expenditures 59.650 44,B41 S 5.500 50,141 X417,
Total Expenditures 3,702,250 ],6X9,467 5.500 ],694,967 lOOt;;
Revenues Over/CUnder) Expenditures (1 ],759) (19.2H4)
Beginning Fund Balance, July I, 2004 20.133 20,133
Ending Fund Balance, June 30, 2005 $ 6,374 $ 849
Notes:
I) The variance in Grant revenue is due to the Recycling Grant included in this amount.
2) Inveslment interest was higher than expected due to steady interest rale increases
by the Federal Open Market Committee.
6
Temecula Conununity Services District
Service Level R
Street>; and Roads
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Fiscal Year Ended June 30. 2005
Assessments
Invesbnent interest
Annual
Amended YTD Total Percent
Budget Activity Encumbr. Activity of Budget
$ 9.159 9.925 $ 9.925 108(;'
500 650 650 130% (I)
9.659 10,575 10,575 109%
Revenues;
Total Revenues
Expenditures:
Emergency street maintenance
Other expenditures
14,045 9.460 $ 1.945 11.405 81 (% (1)
100 81 81 81(,1r
14,145 9.541 1.945 11.486 811;(
(4.486) 1,034
29.704 29,704
$ 25,218 $ 30.738
Total Expenditures
Revenues Over/(Uncler) Expenditures
Beginning Fund Balance. July 1, 2004
Ending Pund Balance, June 30, 2005
Notes:
1) Invesbnent interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
2) The variance is due to a decrease in Emergency Street Maintenance repairs during the fiscal year.
7
T emecula Community Services District
Service Level L
Lake Park Maintenance
Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual
For the Fiscal Year Ended June 30, 2005
Investment interest
Operating Transfer in
Arumal
Amended YTD Total Percent
Budget Activity Activity of Budget
$ 300 4.141 4.141 1380% (I)
309.545 309,545 309.545 100%
309.845 313.686 313.686 101%
Revenues:
Total Revenues
Expenditures:
Lake maintenance
Other expenditures
12.000
48.000
10.542
28.310
10.542
28.310
88(l; (1)
59(Jr (1J
Total Expenditures
60.000
38,852
38,852
65%
Revenues Over/CUnder) Expenditures
249.845
274.834
Beginning Fnnd Balance, Jnly 1. 2004
Ending Fund Balance, June 30, 2005
$
249.845 $
274.834
Notes:
1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Conunittee.
2) Lake maintenance and other expenditures are lower than expected due to Lake activities did not start until March 2005.
B
Temecula Community Services District
Debt Service Fund
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Fiscal Year Ended June 30, 2005
Operating transfers in
Investment interest
Annual
Amended YTD Percent
Budget Activity of Budget
$ 496.300 $ 496.300 $ 100%
1.000 1.805 181% (I)
497.300 498.105 100%
Revenues:
Total Revenues
Expenditures:
Debt service - principal
Debt service - interest
Other expenditures
230,000 230.000 100%
261,800 261,800 100%
4,500 4,050 90%
496.300 495,850 100%
1.000 2,255
2.273 2.273
$ 3,273 $ 4.528
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance. July I. 2004
Ending Fund Balance, JWle 30, 2005
Notes:
I) Investment interest was higher than expected due to steady interest rate increases
by the Federal Open Market Conumttee.
9
ITEM 3
APPROVAL ?A0
CITY ATTORNEY ~/lJj?{Jf!:
DIRECTOR OF FINANCF I'"I/~
CITY MANAGER Nr,
7/
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Boards of Directors
Herman D. Parker, Director of Community Services ~
September 13, 2005
DATE:
SUBJECT:
Harveston Lake Park and Temecula Duck Pond Water
Management/Maintenance Services
PREPARED BY: '3<.
Jerzy Kanigowski, Facility Maintenance Coordinator
RECOMMENDATION:
That the Board of Directors:
1) Award contract to Marine Biochemists, for Water Management/Maintenance Services at
the Harveston Lake Park and Temecula Duck Pond in the amount of $64,000.00
BACKGROUND: On April 6, 2005 a six (6) month maintenance contract was awarded to Lake
Management Inc., to provide Water Management/Maintenance Services for Harveston Lake Park.
This contract with Lake Management Inc. will expire on September 30, 2005. Therefore the
Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for
Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond
on July 27,2005. Proposals were sent to three (3) qualified Water Management contractors. Two (2)
contractors have responded and their prices are listed below:
Monthly
Maintenance
Supplemental
Services
Total
Amount
1. Marine Biochemists
2. Lake Management Inc.
$43,695.00
$52,200.00
$20,305.00
$20.305.00
$64,000.00
$72,505.00
Marine Biochemist was determined to have provided the lowest qualified proposal for the Water
Management/Maintenance Services.
FISCAL IMPACT: The amount to provide scheduled Water Management/Maintenance Services is
$43,695.00. In addition an estimated $20,305.00 is being requested for non scheduled repairs and
supplemental services. Sufficientfunds have been included in the TCSD operating budgetforfiscal
year 2005-06.
Accounts: 196.180.999.5250
190.180.999.5250
196.180.999.5212
190.180.999.5212
R:\KANIGOWJ\Agenda Report\Marine Bochemists 05-06.doc
ATTACHMENT:
1. Contract
2
R\KANIGOWJ\Agenda Report\Marine Bochemists 05-06.doc
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
CONTRACT AGREEMENT FOR
PROFESSIONAL LAKE & POND MANAGEMENT SERVICES
THIS AGREEMENT, is made and effective as of October 1, 2005, between the
Temecula Community Services District, a municipal corporation ("City") and Marine Biochemists,
('Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. TERM. This Agreement shall commence on October 1, 2005, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. The City
reserves the option to extend the contract(s) under the same terms and conditions for a maximum of
two (2) additional one-year terms per the attached pricing schedule in "Exhibit B".
2. SERVICES. Vendor shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Vendor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Vendor hereunder in meeting its obligations under this
Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of Temecula. Vendor shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Vendor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5. 1777.6,
and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Vendor shall
forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of
the Contract.
5. PAYMENT.
a. The City agrees to pay Vendor monthly, in accordance with the payment rates and
terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached
hereto and incorporated herein by this reference as though set forth in full, based upon actual time
spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of
payment are null and void. This amount shall not exceed Sixty Four Thousand Dollars and 00
Cents ($64,000.00) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
R:\KANIGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 .060825 05.doc
b. Vendor shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Vendor shall be
compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Vendor at the time City's written authorization is given to Vendor for the performance
of said services. The City Manager may approve additional work up to ten percent (10%) of the
amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic
agreement amount and contingency amount) exceed twenty -five thousand dollars ($25,000.00).
Any additional work in excess of this amount shall be approved by the City Council.
c. Vendor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth business day of each month, for services provided
in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to
all nondisputed fees. If the City disputes any of Vendor's fees it shall give written notice to Vendor
within 30 days of receipt of a invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days
prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under
this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of
this Agreement such suspension or termination shall not make void or invalidate the remainder of
this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Vendor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Vendor will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Vendor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder
arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it
shall not be considered a default.
b. If the City Manager or his delegate determines that the Vendor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with
written notice of the default. The Vendor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Vendor fails
to cure its default within such period of time, the City shall have the right, notwithstanding any other
provision ofthis Agreement, to terminate this Agreementwithoutfurther notice and without prejudice
to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Vendor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the performance
of services under this Agreement. Vendor shall maintain adequate records of services provided in
R:\KANlGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 - 06 08 25 OS.doc
sufficient detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified and readily
accessible. Vendor shall provide free access to the representatives of City or its designees at
reasonable times to such books and records, shall give City the right to examine and audit said
books and records, shall permit City to make transcripts there from as necessary, and shall allow
inspection of all work, data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be maintained for a period of three (3) years after
receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Vendor.
With respect to computer files containing data generated for the work, Vendor shall make available
to the City, upon reasonable written request by the City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Vendor shall not be
liable for any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Vendor.
9. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain
or incur or which may be imposed upon them for injury to or death of persons, or damage to property
arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to
the performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the City.
10. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the Vendor, its
agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
0692 covering Automobile Liability, code 1 (any auto). If the Vendor
owns no automobiles, a non-owned auto endorsement to the General
Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Vendor has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Vendor shall execute a
declaration that it has no employees.
b. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
R:\KANIGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 - 06 08 25 OS.doc
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
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 Vendor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
Vendor; or automobiles owned, leased, hired or borrowed by the
Vendor. 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 Vendor'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 Vendor'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 Vendor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
R:\KANIGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 ~ 06 08 25 OS.doc
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Vendor shall fumish 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. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete,
certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Vendor shall
at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers,
employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor's
officers, employees, or agents except as set forth in this Agreement. Vendor shall not at any time or
in any manner represent that it or any of its officers, employees or agents are in any manner officers,
employees or agents of the City. Vendor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Vendor for performing services
hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury
or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Vendor shall at all times observe and comply with all such ordinances, laws and regulations. The
City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of
the Vendor to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Vendor in performance of this Agreement shall be
considered confidential and shall not be released by Vendor without City's prior written authorization.
Vendor, its officers, employees, agents or subcontractors, shall not without written authorization
from the City Manager or unless requested by the City Attorney, voluntarily provide declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any project or property located
within the City. Response to a subpoena or court order shall not be considered "voluntary" provided
Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed there under or
with respect to any project or property located within the City. City retains the right, but has no obli-
R:\K.ANIGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 - 06 08 25 05.doc
gation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding.
Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Vendor. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
Marine Biochemists
2940 B East La Jolla St.
Anaheim, CA 92806
Phone (714) 632-5253
Contact Person Bill Thomas
15. ASSIGNMENT. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Vendor's sole compensation shall be payment for actual
services performed up to, and including, the date of termination or as may be otherwise agreed to in
writing between the City Council and the Vendor.
16. LICENSES. At all times during the term of this Agreement, Vendor shall have
in full force and effect, all licenses required of it by law for the performance of the services described
in this Agreement.
17. GOVERNING LAW. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
R:\KANIGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 - 06 08 25 OS.doc
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations ofthe parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to
the performance of its obligations hereunder.
/1/1
/ /I /
R:\KANIGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 - 06 08 25 OS.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Chuck Washington, President
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
Contractor
Marine Biochemists
2940 B East La Jolla St.
Anaheim, CA 92806
Phone (714) 632-5253
Contact Person Bill Thomas
By:
Name:
Title:
By:
Name:
Tille:
(Signatures of two corporate officers required for Corporations)
R:\KANIGOWJ\Contractor agreement\ANNUAL AGREEMENTS\Marine Biochemists 05 - 06 08 25 OS.doc
EXHIBIT A
CITY OF TEMECULA
HARVESTON LAKE PARK AND TEMECULA DUCK POND WATER
MANAGEMENT/MAINTENANCE SERVICES
SPECIFICATIONS/SCOPE OF WORK
Preventative maintenance duties described in this Scope of Work are to be performed on lake and
pond at the following locations:
A. Harveston Lake, 29005 Lake House Road, 8.4 acres, approximately 22,800,000 gallons:
water supply: recycled water and potable water.
B. Temecula Duck Pond, 28250 Rancho California Road, 2.5 acres approximately 4, 1 00,000
gallons water supply: potable water and off site runoff.
SCOPE OF WORK FOR HARVESTON LAKE PARK I TEMECULA DUCK POND
Services to the Lake & Pond will be provided three or two times per week, please
see
EXHIBIT "B" PRICING SHEET for more information.
1. Each service visit by the vendor will include the following:
. Inspect the entire waterscape system
. Clean pump intake screens and skimmer baskets
. Remove all trash and debris within 20 feet of the Lake/Pond edge (includes floating
debris and bottom debris)
. Inspect all Lake/Pond circulation equipment and aeration equipment for proper
operation (notify City immediately if not operating properly)
. Provide routine maintenance of Lake/Pond mechanical equipment (circulation
pumps, aeration pumps and diffusers)
. Monitor Lake/Pond water condition and provide required water treatments (both
chemical and manual)
. Contractor shall supply and apply all required labor, materials/chemicals to maintain
and promote a healthy and aesthetically acceptable Lake/Pond condition at all times
(provide labels & MSDS for all materials to be used)
. Contractor shall provide aquatic vegetation control measures to maintain an
aesthetically acceptable condition at all times
. Contractor shall notify the City representative immediately of any abnormal water
condition
. Contractor shall provide insect control measures to manage the aquatic bome insect
population at an acceptable level at all times
. Contractor shall provide a monthly report of the services performed and chemicals
applied and a general observation of the Lake/Pond water condition
2. 1\ is the responsibility of the Vendor to notify the City when any equipment is faulty or in
need of repair, or if the Lake/Pond water chemistry is in a condition deemed hazardous
and/or unsightly. The City has the option, to use City staff, the Vendor or another
contractor to perform repairs.
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3. Additional work may be requested by the City of Temecula, at the rate shown in the
Pricing Sheet (Exhibit "B").
4. A weekly report, showing service times, tasks performed and dates shall be provided on a
monthly basis. Schedule will be delivered to the Maintenance Supervisor for review and
approval.
5. Vendor shall meet a minimum of one time per month with designated City representative,
to review performance and Lake/Pond condition.
//1/
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EXHIBIT "B"
PRICING SHEET
PROFESSIONAL LAKE & POND MANAGEMENT SERVICES
PRICE PRICE
PER PER
DESCRIPTION MONTH YEAR
Harveston Lake Park
To be serviced three times per $3,975.00 $47,700.00
week (Monday, Wednesday &
Friday)
Harveston Lake Park
To be serviced twice a week $3,300.00 $39,600.00
(Tuesday & Friday)
Temecula Duck Pond
To be services three times per $880.00 $10,560.
week (Monday, Wednesday &
Friday)
Temecula Duck Pond
To be serviced twice a week $600.00 $7,200.00
(Tuesday & Friday)
ALTERNATE BID ITEMS - for emer enc re airs or extra work authorized by City
MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF
PARTS, EQUIPMENT AND MATERIALS 15%
HOURLY RATE PER REGULAR MAN HOUR (Sam TO 5pm
Monda throu h Frida $55.00
HOURLY RATE PER OVERTIME MAN HOUR - After-hours,
Weekends, Holida s, etc. $85.00
Company Name:
Signature of Authorized Representative:
Title:
Date:
ITEM 4
APPROVAL
CITY ATTORNEY-iU;~
DIRECTOR OF F~ I
CITY MANAGER .
CITY OF TEMECULA
AGENDA REPORT
DATE:
Board of Directors
Herman D. Parker, Director of Community services'6?
September 13, 2005
TO:
FROM:
SUBJECT:
Harveston Lake Paddleboat Concession Agreement
PREPARED BY:
Cathy McCarthy, Development Services Administrator/
RECOMMENDATION: That the Board of Directors approve the Harveston Lake
Paddleboat Concession Agreement.
BACKGROUND: Harveston is a large Specific Plan located at the northern
boundary of the City east of Interstate 15. The Specific Plan included an 8.4 acre lake
surrounded by an 8.7 acre park. The Harveston Lake and Lake Park Development and
Transfer Agreement was approved by the Council February 22, 2005. The Lake Park facilities
are now part of the City's park system. The Lake Park facilities include an informal grass
amphitheater; gazebo; two restrooms; a boat dock; storage facility; age appropriate play areas;
benches and a ten (10) foot walkway.
In light of discussions during the approval process for the development and requests by the
residents, Community Services has negotiated an agreement with Goodtime Rentals to provide
paddleboat services at Harveston Lake Park. This would be a two year agreement with the
possibility of two one year extensions. Paddleboats would be available on weekends and
holidays from 10:00 am until dusk. From June 1st through September 1st the concessionaire
would also operate on Thursdays and Fridays. Extended hours maybe approved by the
Community Services Director. The agreement will require that qualified uniformed staff and
supervision be on site during operating hours. Goodtime Rentals will provide two million dollars
of general liability insurance with the City named as additional insured.
In considering our proposal from Good Time Rentals, staff contacted various other boat
concessionaires to evaluate their pricing, programs and services provided. The concessionaire
currently operating at Diamond Valley Lake did not provide paddle boat rental services and did
not provide us with a proposal. Staff also contacted Santee Lakes to determine how their
paddle boat concessions were handled. Their paddle boat services are currently handled by
staff and not a concessionaire. Good Time Rentals was the only provider of paddle boat
services in our general area that provided a proposal for these services.
Half hour and hourly rates will be based on the market. Harveston residents will be offered
reduced fees since they are contributing to the maintenance costs of the Lake Park through
their CFD. Goodtime Rentals will pay the TCSD a lease payment of $200 per month plus 5% of
the gross receipts over $2000.
R:\McCarthC\Agenda Reports\Harveston Park Paddleboal Concession Agreemenl.doc
FISCAL IMPACT: The agreement would provide the TCSD with a monthly payment
of $200 plus 5% of gross sales over $2000 per month. The agreement will provide the TCSD
with approximately $2400 annually in revenues.
ATTACHMENTS:
Harveston Lake Paddleboat Concession Agreement
R\McCarthC\Agenda ReportslHarveston Park Paddleboat Concession Agreement.doc
HARVESTON LAKE P ADDLEBOA T CONCESSION AGREEMENT
This Concession Agreement ("Agreement") is made and entered into as of September
13,2005 between the TEMECULA COMMUNITY SERVICES DISTRICT, a municipal
corporation ("TCSD"), and Keith Gars, dba Goodtime Rentals (hereinafter referred to as
"Concessionaire"). For and in consideration of the mutual covenants and agreements herein
contained, the parties agreed as follows:
1. AREAS AND FACILITIES TO BE LICENSED TO CONCESSIONAIRE
TCSD hereby grants to CONCESSIONAIRE the non-exclusive license to use the property
shown in Exhibit "A" (Premises) described herein, along with the rights granted in Section 2,
CONCESSION RIGHTS GRANTED, which shall be exercised within Harveston Lake Park
{'Park") during the term of this Agreement. CONCESSIONAIRE accepts the Premises in its
existing condition, agrees to provide all maintenance, repair and replacement, unless otherwise
provided herein, and shall return it to TCSD at the end of this Agreement in like condition,
excepting normal wear and tear. TCSD agrees to provide reasonable access to Concessionaire to
the Park during normal hours.
2.
CONCESSION RIGHTS GRANTED.
CONCESSIONAIRE shall have the
exclusive right and obligation to develop, maintain and operate a paddle boat rental business at
Harveston Lake Park ("Concession") pursuant to the terms of this Agreement.
CONCESSIONAIRE shall comply with the management plan for the Concession attached
hereto as Exhibit "B," Management Plan ("Management Plan"). In the event any portion of the
Management Plan conflicts with this Agreement, this Agreement shall control.
3. TERM The term of this Agreement is for a period of two (2) years,
commencing on September 13,2005 and ending September 30, 2007, unless sooner terminated
or extended as otherwise provided in this Agreement. The TCSD may elect, in its sole
discretion, to extend this agreement for two one-year extensions.
822741.4 9/2/05
I
4. MINIMUM MONTHLY CONCESSION FEE/RENT
A. CONCESSION FEE/RENT: In consideration for rights granted,
CONCESSIONAIRE shall pay as a minimum monthly concession fee and rent in the amount of
two hundred dollars ($200.00) per month plus five percent (5%) of the Gross Income in excess
oftwo thousand dollars ($2,000.00).
B. PAYMENT DATE: All Agreement payments are due and payable quarterly on
or before October lO, January lO, Aprill 0 and July lO of each year for such payments due from
the prior quarter and shall be accompanied by the monthly report required by Paragraph 7C,
Monthly Reports.
C. LATE PAYMENT PENALTIES: If any rent payment is not received when due
and payable, CONCESSIONAIRE shall pay to TCSD an additional fifty dollars ($50.00) each as
an administrative processing charge. The parties agree that this late charge represents a fair and
reasonable estimate of the costs that TCSD shall incur by reason of late payment by
CONCESSIONAIRE. Acceptance of a late charge shall not constitute a waiver of
CONCESSIONAIRE's default with respect to the overdue amount or prevent TCSD from
exercising any of the other rights and remedies available to TCSD. Agreement fees not paid
when due shall bear simple interest from the date due until paid in full at the rate often percent
(10%) per year.
D. GROSS INCOME: The term "Gross Income", as used in this Agreement, is
defined as all money, cash, receipts, including, but not limited to, gross charges, rentals, sponsor
payments, fees and commissions made, or earned, and all gross sums received by
CONCESSIONAIRE when collected or accrued, the concession authorized by this Agreement,
use or occupation of the Premises.
(1) There shall be no deduction from Gross Income of any overhead or
expense of operation, such as, but without limitation to, salaries, wages, cost of goods,
advertising, interest, debt amortization, discount, collection, insurance and taxes.
(2) Gross Income, however, shall not include Federal, State of California, or
Municipal sales and excise taxes, which may be required to be collected by
CONCESSIONAIRE.
822741.4 9/2/05
2
5. SECURITY DEPOSIT
A. Prior to the commencement of the term of this Agreement, CONCESSIONAIRE shall
deposit in a local bank, or savings and loan company having FD.I.C., or F.S.L.I.C., in favor of
the City of Temecula, the amount of One Thousand Dollars ($1,000.00).
B. If CONCESSIONAIRE defaults in payment of rent or any of the terms, provisions,
covenants and conditions of this Agreement, CITY may use, apply, or retain the whole or any
part of this security for the payment of any rent or payment in default or for any other sum which
the CITY may spend or be required to spend by reason of CONCESSIONAIRE's default.
C. The security deposit or any balance remaining of the security deposit, less any
deductions per Section 5.B., shall be returned to CONCESSIONAIRE, without interest, within
fourteen (14) days of the termination or expiration of this Agreement.
D. CITY may require, at any time, that the security deposit be increased in proportion to
the amount that minimum monthly rent or payment has increased.
E. In the event CITY uses part or all of the security deposit as provided herein,
CONCESSIONAIRE shall replenish the security deposit in the amount used within ten (10) days
of notice from CITY.
6. IMPROVEMENTS AND ALTERATIONS. CONCESSIONAIRE may make
minor improvements or alterations to the interior Premises only after first having received
written approval from Director of Community Services, or his or her designee ("Director"). The
Director may condition the approval as he or she deems appropriate. All improvements and
alterations made by CONCESSIONAIRE with the approval of the Director shall remain the
property of the CONCESSIONAIRE during the term of this Agreement, but become the property
of the TCSD at the end of the term of this Agreement and/or upon any termination of this
Agreement, unless otherwise agreed upon in writing prior to commencing construction of the
improvement/alteration.
822741.4 9/2/05
3
7. MANAGEMENT REQUIREMENT
A. CONCESSIONAIRE shall operate and manage the Concession, its service and
facilities in a professional, business-like manner in accordance with the Management Plan, and
shall comply with all applicable local, state and federal laws, ordinances and regulations and all
Park rules and regulations.
B. CONCESSION EMPLOYEES: CONCESSIONAIRE shall ensure that its
employees, agents and contractors at all times conduct themselves in a professional manner, and
that they conform to all applicable statutes, rules, regulations, and requirements, as well as rules
and regulations as hereafter may be promulgated or put into operation by the TCSD or applicable
governmental jurisdiction. CONCESSIONAIRE shall maintain a staff adequate to operate and
administer all Concessions and facilities located on the Premises in a safe and orderly manner.
CONCESSIONAIRE agrees to replace personnel whenever demanded by TCSD, upon due cause
being shown. Employees of CONCESSIONAIRE shall wear an easily identifiable visual uniform
approved by the Director, so the public can recognize this person as associated with
CONCESSIONAIRE. CONCESSIONAIRE and all employees shall wear a Name Tag in such
form as approved by the Director.
C. HOURS OF OPERATION: The Concession shall be open for business during the
published hours and days set forth in the Management Plan. Operating hours may be reasonably
adjusted by Director to reflect seasonal customer traffic levels and special events or special
circumstances. CONCESSIONAIRE shall provide schedule of operating hours for each quarter
for review and approval to Director thirty (30) days prior to the start of each calendar quarter.
D. EQUIPMENT RENTAL: CONCESSIONAIRE's sole service is to rent
paddleboats for use on Harveston Lake. CONCESSIONAIRE shall provide life jackets and
flotation cushions to its patrons without charge. TCSD retains the right to require
CONCESSIONAIRE to discontinue the rental or use of those items, which the Director
reasonably determines are not of high standards or are not consistent with the current operations
of the Park, upon five (5) days notice by the Director.
E. PRICES AND RATES: CONCESSIONAIRE shall provide TCSD access to and
the right to inspect the prices and rates for rentals upon the Premises. All rentals in said
Concession shall be at prices and rates that compare favorably with prices and rates put upon
822741.4 9/2/05
4
similar rentals by like businesses in Southern California. Prior to the commencement of the
Concession and on or before May 15 of each year, CONCESSIONAIRE shall provide Director
an inventory list of its proposed fees, rates and prices for the next twelve (12) months, including
justification for any increase/decrease. CONCESSIONAIRE shall provide a discount to residents
ofthe Harveston Tracts. Director shall, following consultations with the CONCESSIONAIRE:
(1) approve or conditionally approve in writing all prices and rates; (2) designate in writing, the
discount for Harveston residents; and (3) designate in writing the specific Harveston areas whose
residents shall be entitled to the discount. CONCESSIONAIRE shall keep a schedule of its fees
and rates in a conspicuous place on the Premises at all times. All rentals in said Concession shall
be at prices and rates approved by the Director.
F. USE OF NAME: All advertising, promotion and notices related to the operation
of Premises, which has not been approved as part of the Management Plan, shall have the prior
written approval by Director. This provision includes, but is not limited to, written and pictorial
advertisement in television, radio, live simulcasts, ticket printing, handbills, posters, flyers,
newspapers. Any and all advertising shall bear/display the phrase "Approved
CONCESSIONAIRE of the Temecula Community Services District."
G. SIGNS: All signs, banners/flags and their location on the Premises, shall be
approved by the Director prior to placement and shall be placed at CONCESSIONAIRE's
expense.
H. ADVERTISING: TCSD may, but is not required, to promote
CONCESSIONAIRE's activities and the Concession in TCSD's advertising notices of public
events, and promotional literature and broadcasts. CONCESSIONAIRE may, but is not required,
design and install an internet web page.
I. RULES AND REGULATIONS: CONCESSIONAIRE shall conform to and
abide by all rules and regulations relating to the operation herein authorized and is subject at all
times to applicable rules, regulations, resolutions, laws, ordinances, and statutes of the TCSD or
the City of Temecula, State of California, the federal government, and all other governmental
agencies having jurisdiction over the Park, Premises and/or Concession operation. Where
permits are required for such operations, the same shall first be had and obtained from the
822741.4 9/2/05
5
regulating body having jurisdiction thereof, before such operation is undertaken.
8. RECORDS AND ACCOUNTS
A. RECORDS AND ACCOUNTS: CONCESSIONAIRE shall, at all times during
the term of this Agreement keep, or cause to be kept, true and complete books, records, and
accounts of all financial transactions relating to Gross Income in such form as may be required
by the Director of Finance. The records shall be supported by documents from which the original
entry of the transaction was made, including sales slips or cash register tapes, or both. All
financial records and writings of the CONCESSIONAIRE relating to the Concession and this
Agreement, including without limitation writings related to the the Gross Income, in whatever
form and whether maintained, prepared or stored by the CONCESSIONARIE or his employees
or agents, shall be referred to as the "Books and Records." The Books and Records shall be
maintained and safeguarded by CONCESSIONAIRE for a period of three (3) years from and
after the date of the expiration or termination of this Agreement, unless otherwise approved in
writing by the Director of Finance.
B. RECORDATION OF SALES: All sales and charges shall be recorded by means
of sales invoices, tickets or cash registers which display to the customer the amounts of the
transactions and either physically or automatically issue receipts certifying the amounts recorded.
The Director of Finance shall approved the forms or devices to be used in the recording of cash
or charge sale transactions.
C. MONTHLY REPORTS: CONCESSIONAIRE shall deliver to TCSD, no later
than the tenth (10th) day following the end of each calendar quarter a true and correct certified
statement of all Gross Income for the preceding calendar quarter, showing separately the receipts
from each activity conducted pursuant to this Agreement.
D. INSPECTION OF RECORDS: All Books and Records shall at all reasonable
times be open and made available for inspection or audit by TCSD, its agents or employees,
upon prior request.
E. AUDIT: TCSD has the right to during the term of this Agreement or within three
(3) years after the expiration or termination of this Agreement, to audit the Books and Records
822741.4 9/2/05
6
for the purpose of verifying the payments required to be paid to TCSD hereunder. The audit
shall be at no cost to CONCESSIONAIRE, provided, however, that in the event that such audit
shows that CONCESSIONAIRE understated Gross Income by more than ten percent (10%), the
reasonable cost ofthe audit shall be paid by CONCESSIONAIRE within ten (10) days after the
audit report is furnished to CONCESSIONAIRE. Additionally, within such ten (10) days,
CONCESSIONAIRE shall pay to TCSD the full amount of any underpayment demonstrated by
such audit, together with simple interest on the amount of such underpayment at the rate of five
percent (5%) per year from the original due date of the underpayment until the underpayment is
paid in full. TCSD reserves the right to install any accounting devices or machines, with or
without personnel, for the purpose of accounting or audit.
9. REPAIRS AND MAINTENANCE
CONCESSIONAIRE agrees to maintain its rental equipment and the Premises in a clean,
neat, safe, inviting and professional condition. CONCESSIONAIRE agrees to repair any damage
and to include all equipment and fixtures to the Premises commencing within ten (10) days of
such damage, except that CONCESSIONAIRE shall perform its obligations immediately if the
nature of the problem presents a hazard or emergency. In addition to its obligations under this
Agreement, CONCESSIONAIRE shall immediately notify the Director if any condition of the
Premises presents a hazard or emergency. If CONCESSIONAIRE does not perform its
obligations with the time limitations in this paragraph, TCSD after giving CONCESSIONAIRE
at least ten (10) days advance notice except in an emergency/hazard, may perform the repairs and
have the right to be reimbursed for the sum it reasonably expends (including charges for TCSD
employees and equipment). CONCESSIONAIRE further agrees that it shall make no major
repairs or maintenance to said Premises without, in each case, the written consent of Director
having first been obtained, including, but not limited to, structural, electrical and plumbing
modifications. Further, that in the event any major repairs or maintenance in or to said Premises
are made necessary for any reason whatsoever, CONCESSIONAIRE shall submit plans and
specifications to Director for approval thereof. If Director determines that the repairs and
maintenance are acceptable, CONCESSIONAIRE shall pay to the contractor all costs involved
in completion of the approved requests. TCSD reserves the right for its authorized agents,
employees, or representatives to enter the Premises during normal business hours and at any time
in an emergency/hazard, to inspect the same or any part thereof and to attend or protect the
822741.4 9/2105 7
TCSD's interest under this Agreement. CONCESSIONAIRE shall repair or replace all rental
equipment as recommended by the manufacturer or an authorized dealer or repair shop.
10. TAXES
A. CONCESSIONAIRE recognizes and understands that this contract may create a
possessory interest subject to property taxation and that CONCESSIONAIRE may be subject to
the payment of property taxes levied on such interest.
B. CONCESSIONAIRE covenants and agrees to pay all taxes, including possessory
interest tax, and assessments upon all improvements, fixtures, furniture, and other property
owned by CONCESSIONAIRE and used in the exercise of CONCESSIONAIRE's rights under
this Agreement or levied by reason of the CONCESSIONAIRE's operations pursuant to this
Agreement.
11. INDEMNITY AND INSURANCE
A. DISCLAIMER OF LIABILITY: Temecula Community Services District
("TCSD") and the City of Temecula shall not liable at any time for loss, damages, or injury to
the person or property of any person whomsoever at any time, occasioned by or arising out of
any act of CONCESSIONAIRE or of anyone holding under CONCESSIONAIRE, nor for the
occupancy or use of the Premises or any part thereof by or under the CONCESSIONAIRE, nor
directly or indirectly from any state or condition of said Premises or any part thereof during the
term of this Agreement.
B. HOLD HARMLESS AGREEMENT. CONCESSIONAIRE shall inderrmity,
defend with counsel approved by the Director and hold harmless the TCSD, the City of
Temecula and their authorized officers, employees, agents and volunteers from any and all
claims, actions, losses, damages and/or liability arising out of this Agreement from any cause
whatsoever, including the acts, errors or omissions of any person, and for any costs or expenses
incurred by the TCSD, the City of Temecula or their authorized officers, employees, agents and
volunteers on account of any claim therefore, except where such inderrmification is prohibited by
law.
822741.4 9/2/05
8
C. INSURANCE REQUIREMENTS. Without in any way affecting the indemnity
herein provided and in addition thereto, the CONCESSIONAIRE shall secure and maintain
throughout the Agreement the following types of insurance with limits as shown:
(1) Workers' Compensation - A program of Workers' Compensation
insurance or a state-approved Self-Insurance Program in an amount and form to meet all
applicable requirements of the Labor Code ofthe State of California, including Employer's
Liability in the policy amount of one million dollars ($1,000,000) , covering all persons
providing services on behalf of the CONCESSIONAIRE and all risks to such persons under this
Agreement.
(2) Comprehensive General and Automobile Liability Insurance-- This
coverage shall include general liability, contractual, products and complete operations coverage
and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall
have combined single limits for bodily injury and property damage of not less than two million
dollars ($2,000,000). The policy for comprehensive general liability insurance shall be
Insurance Services Office Commercial General Liability form No. CG 00 01 II 85 or 88. The
automobile liability policy shall be Insurance Services Office Business Auto Coverage form CA
00010692 covering Automobile Liability, code 1 (any auto). If the CONCESSIONAIRE owns
no automobiles, a non-owned auto endorsement to the General Liability policy described above
is acceptable. If separate policies are obtained, General Liability shall be two million dollars ($2
million) and Automobile Liability shall be one million dollars ($1 million).
(3) Fire Insurance: Adequate to cover full cash value of
CONCESSIONAIRE's personal property, CONCESSIONAIRE's improvements and
betterments located on the Premises.
(4) Fire Legal Liability: Adequate to cover full cash replacement value of
TCSD's improvements and structures on the premises.
(5) Acceptability ofInsurers. Insurance shall be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self
insurance shall not be considered to comply with these insurance requirements.
D. Additional Named Insured - All policies, except for the Worker's Compensation,
shall contain additional endorsements naming the TCSD, the City of Temecula and their officers,
822741.4 9/2/05 9
employees, agents and volunteers as additional insured with respect to liabilities arising out of
the performance of services hereunder.
E. Waiver of Subrogation Rights - CONCESSIONAIRE shall require the carriers of
the above required coverages to waive all rights of subrogation against the TCSD, City of
Temecula its officers, employees, agents, volunteers, contractors and subcontractors.
F. Policies Primary and Non-Contributory - All policies required above are to be
primary and non-contributory with any insurance or self-insurance programs carried or
administered by the TCSD or the City of Temecula.
G. Proof of Coverage - CONCESSIONAIRE shall immediately furnish certificates
of insurance from the insurance company or its duly authorized agent for the issuance of
certificates of coverage to the Director, evidencing the insurance coverage, including
endorsements, above required, prior to the commencement of performance of services hereunder,
which certificates shall provide that such insurance shall not be terminated, suspended, modified
or expire without thirty (30) days written prior written notice by certified mail, return receipt
requested, to the Director, and CONCESSIONAIRE shall maintain such insurance from the
commencement date of the term hereunder until the termination of the Agreement. Prior to the
commencement of the term ofthis Agreement, the CONCESSIONAIRE shall furnish certified
copies of the policies and all endorsements.
H. Insurance Review - The above insurance requirements are subject to periodic
review by the TCSD. The Director of Finance is authorized, but not required, to reduce or waive
any of the above insurance requirements whenever the Director of Finance determines that any
ofthe above insurance is not available, is unreasonable priced, or is not needed to protect the
interests of the TCSD. In addition, if the Director of Finance determines that heretofore
unreasonable priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Director of Finance is authorized, but not required, to change
the above insurance requirements to require additional types of insurance coverage or higher
coverage limits, provided that any such change is reasonable in light of past claims against the
TCSD, inflation, or any other item reasonably related to the TCSD's risk.
822741.4 9/2105
10
I. Failure to Have Insurance: In the event TCSD receives a notice of cancellation
concerning any of the required policies, or should CONCESSIONAIRE fail to have in effect the
required coverage at any time during this Agreement, TCSD may give notice to
CONCESSIONAIRE to immediately suspend all CONCESSIONAIRE business activities on the
Park and/or notice to reinstate or acquire the affected coverage. Should CONCESSIONAIRE fail
to reinstate or acquire the affected coverage within ten (10) days ofTCSD's notice to reinstate or
acquire such coverage, TCSD may either terminate this Agreement, reinstate or acquire the
affected coverage, and CONCESSIONAIRE shall reimburse TCSD for the necessary cost at
TCSD's option. If CONCESSIONAIRE does not reimburse TCSD within ten (10) days after
demand by TCSD, TCSD shall have the right to withhold from future amounts due under this
Agreement or otherwise due to CONCESSIONAIRE the sum TCSD has expended until TCSD is
reimbursed in full.
J. TCSD shall have no liability for any premiums charged for such coverage(s). The
inclusion of the TCSD, the City of Temecula, their employees, agents, officials and volunteers
as additional named insured is not intended to and shall not make them or any of them a partner
or joint venturer with CONCESSIONAIRE in CONCESSIONAIRE's operations at the Park.
K. Any failure to compy with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, TCSD, their employees,
agents, officials and volunteers.
L. The insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the policy.
822741.4 9/2/05
II
12. ASSIGNMENT AND SUBLETTING
This Agreement and concession rights are not assignable. CONCESSIONAIRE shall not
voluntarily assign or encumber its interest in this Agreement or in the Premises, or any options
contained in this Agreement, or sub agreement all or any part of the Premises, or allow any other
person or entity (except CONCESSIONAIRE's authorized representatives) to occupy or use all
or any part of the Premises. Any assignment, encumbrance, or sub agreement is voidable and, at
TCSD's election, shall constitute a default. No consent to any assignment, encumbrance, or sub-
agreement shall constitute a further waiver of the provisions of this paragraph.
13. INTEGRATION OF AGREEMENTS
This Agreement contains 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,
whether oral or in writing, pertaining to any such matter shall be effective for any purpose.
14. AMENDMENTS
No provision of this Agreement may be amended or added to except by an agreement in
writing signed by the parties hereto or their respective successor in interest, expressing by its
terms an intention to modify this Agreement.
15. VIOLATION OF AGREEMENT
A. DEFAULT: In the event that CONCESSIONAIRE violates any of the terms and
conditions of this Agreement, TCSD may give CONCESSIONAIRE notice of specific violation
and demand for correction.
B. TERMINATION FOR CONVENIENCE. TCSD may terminate this Agreement
for any reason, with or without cause, on sixty (60) days written notice to CONCESSIONAIRE.
C. TERMINATION FOR DEFAULT: If, within fifteen (15) days after notice and
demand, other than insurance or the payment of money due to TCSD, CONCESSIONAIRE has
not commenced correction of the violation or shown acceptable cause therefore, TCSD has the
right to immediately terminate this Agreement and pursue any and all remedies provided by law.
TCSD has the right to terminate this Agreement on account of failure by CONCESSIONAIRE to
822741.4 9/2/05 12
correct a default in insurance or the payment of money owed to TCSD within five (5) working
days after notice and demand for correction. In the event oftermination for default, TCSD has
the right of immediate ownership of all buildings and improvements within the Premises.
D. LIABILITY FOR BREACH: Termination for default shall not excuse
CONCESSIONAIRE from any liability for breach of contract and any damages to which the
TCSD may be entitled pursuant to applicable law.
E. The receipt by the TCSD of any rent or of any other sum of money paid by
CONCESSIONAIRE after any default, the termination and forfeiture of this Agreement for any
reason, or after the giving by TCSD of any notice to effect such termination, shall not waive the
default, reinstate, continue or extend the term of this Agreement, or destroy, or in any manner
impair the efficacy of any such notice of termination as may have been given hereunder by
TCSD to the CONCESSIONAIRE prior to the receipt of any such sum of money or other
consideration, unless so agreed to in writing and signed by the TCSD. Neither acceptance of the
keys nor any other act of the TCSD or its agents or employees during the term ofthis Agreement
shall be deemed to be an acceptance of a surrender of the Premises, excepting an agreement in
writing signed by the TCSD agreeing to accept such surrender.
16. CONDITIONS AND SURRENDER OF PROPERTY
AND TERMINATION OF AGREEMENT
A. TCSD PROPERTY: CONCESSIONAIRE shall, upon termination for any reason,
surrender the Premises, and all fixed improvements in a condition equal to that when received,
normal wear and tear excepted.
B. CONCESSIONAIRE PROPERTY: CONCESSIONAIRE further agrees, in
addition to the above, upon termination for any reason, to remove all goods, chattels, fixtures and
equipment belonging to CONCESSIONAIRE from the Premises. Following the removal of such
goods, chattels, fixtures, and equipment belonging to CONCESSIONAIRE,
CONCESSIONAIRE shall repair any damage or injury to the said Premises or to any building,
structure, or improvement located thereon, occasioned by installation or removal thereof. In the
event that said goods, chattels, fixtures, and equipment are not removed within ten (10) days
after the expiration of this Agreement or its termination for any other reason,
822741.4 9/2/05
13
CONCESSIONAIRE shall be deemed to have abandoned to TCSD the facilities, equipment,
fixtures, goods, chattels, and any other property not so removed, at option ofTCSD. IfTCSD
enters the Premises but elects not to exercise its option of having said property revert to TCSD,
TCSD may remove the unclaimed property and dispose of it. CONCESSIONAIRE shall pay to
TCSD the reasonable cost of such removal and disposal.
17. NOTICE
A. All notices, approvals, consents or other communications required or permitted to
be given under this Agreement or under the unlawful detainer statutes of California shall be
given to the respective parties in writing, by registered or certified mail, postage prepaid or by
personal service to the following:
(i) Ifto TCSD:
TCSD of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, Ca. 92589-9033
Attention: Director of Community Services
(ii) If to CONCESSIONAIRE:
Keith Gors or
Goodtime Rentals
7466 Niagra Place
Rancho Cucamonga, CA 91730
B. Notices may be given at such other address or to such other persons as either of
the parties may from time to time designate by notice given as herein provided.
C. Notices, etc., given by registered or certified mail shall be deemed delivered two
(2) TCSD business days after being mailed.
18. EASEMENTS, TRUSTS AND WARRANTIES
A. EXISTING ENCUMBRANCES: It is expressly understood and agreed that this
Agreement and all rights and privileges hereunder granted are subject to all easements and
rights-of-way now existing in, to, under, or over the Premises for any purposes whatsoever. It is
further understood and agreed that this Agreement and any of the rights and privileges herein
822741.4 9/2/05
14
granted is subject to any and all grants, reservations, conditions, Agreements, restrictions, and
trusts upon which the Premises is held by TCSD or the City of Temecula; and
CONCESSIONAIRE covenants and agrees, any provision in this Agreement to the contrary
notwithstanding, that it shall not use or permit the Premises to be used for any purpose
inconsistent with any of the grants, reservations, conditions, Agreements, restrictions and trusts
upon or under which said lands are held by TCSD or the City of Temecula, the terms of which
are hereby incorporated into this Agreement as if set forth in full.
B. NO WARRANTS: TCSD makes no warrants, except as specifically provided in
this Agreement. In the event that this Agreement or any provision thereof is determined to be
null and void by a court of competent jurisdiction, neither TCSD nor any of its officers, agents,
or employees shall be liable to CONCESSIONAIRE, or to any person holding under or through
CONCESSIONAIRE for any claim, loss or damage of any nature whatsoever suffered or alleged
to be suffered by CONCESSIONAIRE or such person by reason of such determination.
C. ASSUMPTION OF RISK: CONCESSIONAIRE assumes all risks incident to the
use or occupation of the Premises in their present condition or in any condition thereof which
may prevail during the term ofthis Agreement. This paragraph shall not relieve TCSD for the
actions of its own agents or employees occurring after the commencement of this Agreement.
19. MISCELLANEOUS
A. NO PARTNERSHIP: It is expressly understood and agreed that TCSD nor any of
its officers, agents, volunteers or employees do not, in any way nor for any purpose, become a
partner, agent, principle of, or a joint venturer with CONCESSIONAIRE by reason of any
provision ofthis Agreement.
B. BINDING EFFECT: Each and all of the covenants, conditions, and agreements
herein contained shall, in accordance with the context, inure to the benefit of TCSD and apply to
and bind CONCESSIONAIRE, its principals, employees, heirs, legatees, devisees, executors,
administrators, successors, agents, and approved assignees.
C. CAPTIONS: The captions of articles and paragraphs ofthis Agreement are for
convenience only and do not in any way limit or amplify terms and provisions hereof.
822741.4 9/2/05
15
D. NO WAIVER: No waiver by TCSD at any time of any of the terms and
conditions of this Agreement shall be deemed to operate as a waiver at any time thereafter of the
same or of any other terms or conditions contained herein or of the strict and timely performance
of such terms and conditions.
E. NO DISCRIMINATION: CONCESSIONAIRE shall comply with all applicable
anti-discrimination laws and regulations.
F. DIRECTOR: The Director of Community Services is responsible for the
enforcement of this Agreement on behalf of TCSD and other duties set forth in this Agreement.
As used in this Agreement, "Director" means the Director of Community Services of the City of
Temecula or his or her designee.
G. TIME OF ESSENCE: Except as otherwise specifically provided, time is of the
essence of each provision of this Agreement which specifies a time within which performance is
to occur. In the absence of any specified time for performance, performance may be made within
a reasonable time.
H. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or
declare any party's rights hereunder, each party, including the prevailing party, shall bear its own
costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees
directly arising from any third party legal action against a party hereto and payable under
Paragraph 10, INDEMNITY AND INSURANCE.
I. VENUE: The parties acknowledge and agree that this Agreement was entered into
and intended to be performed in the City of Temecula, California. The parties agree that the
venue for any action or claim brought by any party to this Agreement shall be Riverside County.
Each party hereby waives any law or rule of court which would allow them to request or demand
a change of venue. If any action or claim concerning this Agreement is brought by any third
party, the parties hereto agree to use their best efforts to obtain a change of venue to the
Riverside County.
J. SURVIVAL: The obligations of the parties which, by their nature, continue
beyond the term of this Agreement, shall survive the termination of this Agreement.
822741.4 9/2/05
16
K. INTERPRETATIONS: As this Agreement was jointly prepared by both parties,
the language in all parts of this Agreement shall be construed, in all cases, according to its fair
meaning, and not for or against either party hereto.
L. DISCLOSURE OF INFORMATION: All information received by the TCSD
from any source concerning this Agreement, including the Agreement itself, may be treated by
the TCSD as public information subject to disclosure under the provisions of the California
Public Records Act, Government Code Section 6250 et seq. (the "Public Records Act").
CONCESSIONAIRE understands that although all materials received by the TCSD in
connection with this contract are intended for the exclusive use of the TCSD, they are potentially
subject to disclosure under the provisions of the Public Records Act. In the event a request for
disclosure of any part or all of any information which a CONCESSIONAIRE has requested
TCSD to hold in confidence is made to the TCSD, the TCSD shall notify the
CONCESSIONAIRE of the request and shall thereafter disclose the requested information unless
the CONCESSIONAIRE, within five (5) days of receiving notice of the disclosure request,
requests nondisclosure and agrees to indemnify, defend, and hold the TCSD and the City of
Temecula harmless in any/all actions brought to require disclosure. CONCESSIONAIRE waives
any and all claims for damages, lost profits, or other injuries of any and all kinds in the event
TCSD fails to notify CONCESSIONAIRE of any such disclosure request and/or requests for any
information received concerning the contract received from the CONCESSIONAIRE.
1/1/
/1//
822741.4 9/2105
17
IN WITNESS WHEREOF, the parties hereto have caused their respective names to be
hereunto subscribed by their respective proper officers thereunto duly authorized.
TEMECULA
DISTRICT
COMMUNITY
SERVICES
Chuck Washington
President
Attest:
Susan W. Jones, CMC
TCSD Clerk
Approved As to Form:
Peter M. Thorson
TCSD Attorney
KEITH GORS, DBA GOODTIME RENTALS
Keith Gors, an individual
822741.4 9/2/05
18
EXHIBIT A
DESCRIPTION OF PREMISES
822741.4 9/2/05
19
Exhibit B
Management Plan
RE: Pedal Boat Rental Concession
1. Location:
Harveston Lake Park
43200 Business Park Drive
Temecula, CA. 92589
2. Company Objectives:
Provide 10 New Pedal Power Boats plus 2 Electric Power Boats of same size
and shape, (For use by senior citizens) to Harveston Lake Park Location.
3. Company History:
Goodtime Rentals has been doing business as a sole proprietor since 1992 at
various locations throughout Orange, San Bernardino and Riverside
Counties, as an equipment rental business.
4. Mission Statement and Motto:
The primary mission of Goodtime Rentals is to make available safe boating
equipment, which is environmentally friendly and family oriented and
directed towards enhancing the park and lake experience for people of all
ages.
Goodtime Rentals, The Fun Starts Here!!!
5. Competitive Comparison:
Goodtime Rentals uses only the newest, most innovative products and
equipment on the market to keep the rental experience fresh and exciting.
Most rental units are replaced on a yearly basis. We search out only the
most friendly, courteous, experienced, motivated, bi-lingual associates to
help at each location, tailoring hours to suit each individual park needs, still
keeping my hourly rates the lowest of all my competitors.
R:\McCarthC\Harveston Development\Management Plan Pedal Boats.doc
6. Strategic Alliances:
Goodtime Rentals partners with several boat manufacturers on Development
and distribution. I help the manufacturing sector keep up to speed with the
special needs of the rental industry, Such as: Boat size, strength, color, and
design.
As an owner, operator, I attend numerous conventions and seminars relating
to boat products, rental business management and I maintain contact with
other owner operators in various countries and states to discuss any new
products or recurring problems and any matters of concern.
7. Projected Costs for Initial Pedal Boat Rental:
$ 17,000
$ 2,000
$ 1,500
$ L500
$ 22,000
$ 3,500
12 Boats
- Insurance / Per season
Advertising, Flyers and Office Supplies
Operator Wages / Per Season
First Year operating costs
per season after first year
8. Projected Revenues First 3-5 years:
Harveston Lake Park, City of Temecula
l5-25k Per season
9. Revenues:
Goodtime Rentals will record all gross revenues collected from the premises
on a gross receipt form provided by the City, on a monthly basis. A battery-
operated or electric cash register will be used at this location. A sequentially
numbered receipt will be given to each customer for every sale.
10. Staff and Uniforms:
Goodtime employees and maintenance staff will be provided name tags and
wear matching or similar colored clothing identifying them as related to the
business.
11. Safety Procedures:
All boaters younger than 12 years old are required to wear life jackets. All
occupants are provided a personal cushion type flotation device. Safety
procedures will be clearly posted and verbally explained to all users of any
equipment. Safety procedures will be attached to each boat.
R:\McCarthC\Harveston Development\Management Plan Pedal Boats.doc
12. Equipment:
All equipment will be in new and clean, operational condition, not needing
any safety related or visible need for repair. All equipment will be marked
with the operator's business name and phone number.
13. Insurance:
Goodtime Rentals carries Comprehensive Liability Insurance with Depalma
Insurance, a company familiar with, and well established in the boat rental
business. In addition to Goodtime Rentals, The city of Temecula would be
named as additional insured. All customers are required to sign a Liability
Release waiver and provide a current drivers license as a security deposit. In
my prior 12 years of operation, I have had an unblemished record of safety,
partly deriving from my deep concern and commitment to that end.
14. Facilities:
Goodtime Rentals will operate out of currently existing storage space,
providing easy access to the equipment, and utilizing the existing dock
space, which will easily accommodate 12 boats.
15. Signage:
A modest, attractive, and professionally painted three-foot sign will be used.
A permanent price board will be attached to the end of the unit. These signs
will be discreet, purposeful, and attractive, and are subject to the approval of
city officials.
16. Hours of Operation:
Goodtime Rentals will be open weekends and holidays. Hours will be daily
from 10:00 A.M. to 30 minutes prior to sunset. Optional: weekdays to be
open if lake attendance requires.
17. Advertising:
An Advertising budget of$2,500 has been established. It is my intention to
promote Goodtime Rentals to the local Harveston community. Our boats
attract a loyal following and many return visits by happy customers thereby
increasing lake attendance and revenue.
R\McCarthC\Harveston Development\Management Plan Pedal Boats.doc
ITEM 5
APP~Q),{~.k
CITY A TTORNEY -Wf/~
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
Board of Directors
Herman D. Parker, Director of Community services~
September 13, 2005
SUBJECT:
Acceptance of a Median Landscape Bonds and Agreement along
Rancho California Road and Meadows Parkway
PREPARED BY:
Barbara Smith, Senior Management Analyst eJ?S
RECOMMENDATION: That the City Council accept the Parkland/Landscape Improvement
Agreement and surety bonds from Venture Point for the landscaped medians along Rancho
California Road and Meadows Parkway.
BACKGROUND: Pursuant to the conditions of approval the developer is proposing to
construct and install a landscaped median along Rancho California Road and Meadows Parkway
adjacent to the shopping center located on the southeast corner.
To insure that the medians are constructed to City standards, the developer is normally required to
post securities to improve these areas based upon the approved landscape/irrigation plans and the
certified construction cost estimates for the improvements. As of this date, the final landscape plans
for these landscaped medians have not been approved. TCSD has agreed to accept the bonds in
the amount of 125% of the landscape/irrigation improvement costs for this project.
As a result, Venture Point has entered into an agreement with the City and has provided surety
bonds, issued by Insurance Company of the West, as follows:
1. Faithful Performance Bond No. 2135913 the amount of $138,286.00.
2. Labor and Materials Bond No. 213 59 13 in the amount of $69,143.00.
3. Warranty Bond No. 213 5913 in the amount of $13,828.00.
Upon completion and acceptance of the medians, staff will recommend the appropriate release or
reduction of the bonds.
FISCAL IMPACT:
borne by the developer.
None. The cost of construction for the landscaped medians will be
ATTACHMENTS:
Vicinity/Project Map
Agreement/Bonds
R:\SMlTIffi\Bonds\StaffRep-Bond CSD05-0005.doc
8/2212005
VICINITY MAP
~
1"1'
~
~
PROJECT LOCATION MAP
City Of Temecula
Community Services Department
43200 Business Park Dnve . Mailing Address: P.O. Box 9033, Temecula, CA 92589.9033
(951) 694-6480' Fax (951)694-6488. www.citvoftemecuia.ortl
Address of Subdivider (street):
Address of Subdivider (city, slate, zip):
Contact: ~
Phone Number. f1~)
r~
"if q 0,4 L.do ::h./TL:- &~
ffi...;fbtt ~ t!A q:2-..~""3
Title: 7Jz~-5/d~
Fax Number. (~ v 73 ~"2b
Name of Subdivision:
Spehar Temecula Center, LP
Tract No.: 22513
Parkland/Landscape Improvement Plans No.:
(Referred to as "Landscape Improvements")
Estimated Total Cost of Improvements:
Estimated Completion Date:
Referred to as "Com letion Date"
Rancho California Road and Meadows Parkway Median Landscaping
CSD05-0005
$138,286.00
7/0
Address of Surety (city, state, zip):
Name of Surety: - !'^,:;<.A.../J.A-~c...L r!l:>~
Address of Surety (street): </"10 /;4 S'-r.
5:]).
Contact: c:V.....v:b; 1Sf<:"L/YW-A../
Phone Number. (C&>t"1 "2. ~, 9 s.-"2- L-
,1'Ie.. v<.J E.. 'S.,-
Cfr
/B/o
qz/o I
Titie: 47Jk ~ "+- /irc..r
Fax Number. (QI-' "2.-? t '9 ";.- ~"'>
Faithful Performance Bond
q)3
qt.3
6(/3 5q 13
$138,286.00
$69,143.00
$13,828.00
"",,,,OJ ~.'"
r~lM~."
Labor and Materials Bond
Bond for Warranty
1
R:\KITCHEL, JanetlBondslRancho Calif Rd & Meadows Parkway Median 05-00051Parkland Landscape Agreement.doc
This Agreement is made and entered into by and between the City of
Temecula, California, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER has presented to CITY for approval and
recordation, a final subdivision map of a proposed subdivision pursuant to
provisions of the Subdivision Map Act of the State of California and the CITY
ordinances and regulations relating to the filing, approval and recordation of
subdivision maps. The Subdivision Map Act and the CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision Laws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
City Clerk and is incorporated into this Agreement by reference.
C. SUBDIVIDER is required, as a condition of the approval of the
tentative map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date. The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approval of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improvement work required by City in connection with
proposed subdivision. Subdivider has secured this agreement by
2
R:\KITCHEL, JanetlBondslRancho Calif Rd & Meadows Parkway Median 05-0005\Parkland Landscape Agreement.doc
Parkland/Landscaping Improvement Security required by the Subdivision Laws
and approved by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E. Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community
Services. The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference. All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approved by the Director of Community
Services.
F. An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY. The
Parkland/Landscape Improvement Plans have been prepared in conformance
with the CITY standards, (in effect on the date of approval of the Resolution of
Approval).
H. SUBDIVIDER recognizes that by approval of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION.
3
R:\KITCHEL, JanetIBondslRancho Calif Rd & Meadows Parkway Median 05-00051Parkland Landscape Agreement.doc
As a result, CITY will be damaged to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date. CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the event of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S ObliQations to Construct Parkland/LandscapinQ Improvements.
SUBDIVIDER Shall:
a. Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work performed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labor Code of the State of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations. These rates are on file
4
R:IKITCHEL, JanetIBondslRancho Calif Rd & Meadows Parkway Median OS-QOOSIParkland Landscape Agreement.doc
with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula. Subdivider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Subdivider
shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of
$25.00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less, than the stipulated prevailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c. Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improvement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improvements in conformity with the Parkland Improvement Plans and CITY
standards.
e. Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improvements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
5
R:\KITCHEL, Janet\BondslRancho Calif Rd & Meadows Parkway Median 05-o005\Parkland Landscape Agreement.doc
rights-of-way, easements and other interests in real property shall be sUbject to a
separate Agreement between SUBDIVIDER and CITY.
2. Acauisition and Dedication of Easements or Riahts-of-Wav. If any of the
Parkland/Landscape Improvements and land development work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a. The offer of dedication to CITY or appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from
the property owner to allow construction or installation of the Improvements or
work, or
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services.
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
comply in all respects with order of possession. Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in and amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
6
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b. to secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improvements required to be constructed or installed pursuant to this Agreement.
in the additional amount of 50% of the estimated cost of the Improvements; and
c. to guarantee or warranty the work done pursuant to this
Agreement for a period of one year following acceptance thereof by CITY against
any defective work or labor done or defective materials furnished in the additional
amount of 10% of the estimated cost of the Parkland Improvements. The
securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approved security, the replacement shall be filed with the City Clerk and,
upon filing, shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Imorovement Plans.
a. Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improvement as changed,
7
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altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
b. The SUBDIVIDER shall construct the Parkland Improvements in
accordance with the CITY Standards in effect at the time of adoption of the
Resolution of Approval. CITY reserves the right to modify the standards
applicable to the SUBDIVISION and this Agreement, when necessary to protect
the pUblic health, safety or welfare or comply with applicable State or federal law
or CITY zoning ordinances. If SUBDIVIDER requests and is granted an
extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
5. Insoection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City standards in effect at the time of
adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland Improvements by
CITY inspectors and to the shops wherein any work is in preparation. Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative. City Council authorizes the Director of Community
Services or the Director of Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax.
b. SUBDIVIDER shall continue to maintain the
Parkland/Landscape Improvements for ninety (90) days after they have been
certified completed. No improvements shall be finally accepted unless the
8
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maintenance period has expired, and all aspects of the work have been
inspected and determined to have been completed in accordance with the
Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER
shall bear all costs of inspection and certification.
6. Release of Securities. Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b. The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
provided, however, that no such release shall be for an amount less that 25% of
the total Parkland Improvement Security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improvement Security given for faithful
performance until expiration of the maintenance periOd and final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
Improvement Security, which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the work, be reduced to an
9
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amount equal to the total claimed by all claimants for whom lien have been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services to be required to
assure the performance of any other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed
during the warranty period have been settled. As provided in paragraph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7. Iniurv to Public Improvements. Public Propertv or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities facilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and all public property on public utility property damaged or destroyed by reason
of any work done. Under this agreement whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the CITY or any public or private utility corporation or by any
combination or such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
10
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8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER
a. default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolvency, appointment of a
receiver, or the filing of any petition in bankruptcy either voluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall have the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be
11
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used by CITY for the completion of the Parkland/Landscape Improvements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein. In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
over the work and prosecute the same to completion, by contract or by any other
method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
Agreement shall constitute consent to the filing by CITY of a notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval or otherwise
revert the SUBDIVISION to acreage. The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies available to CITY.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
12
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d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney's fees.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of SUBDIVIDER.
10. Warrantv. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished.
Where
Parkland/Landscape Improvements are to be constructed in phases or sections, the one
year warranty period shall commence after CITY acceptance of the last completed
improvement. If within the warranty period any work or improvement or part of any work
or improvement done, furnished, installed, constructed or caused to be done, furnished,
installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improvement Plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs or replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
13
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repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. Subdivider Not Aaent of Citv. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniurv to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
any of the improvements constructed or installed. CITY shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless
of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aareements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdividers for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances providing therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'S Obliaation to Warn Public Durina Construction. Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition.
15. Vestina of Ownership. Upon acceptance of work on behalf of CITY and
recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
14
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16. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements.
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5. Such
acceptance shall not constitute a waiver of defects by CITY.
17. IndemnitY/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improvements. This indemnification and
Agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of the Parkland/Landscape
Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public improvements. Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the Parkland/Landscape Improvements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
15
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particular improvement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services before approval of the
particular improvement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible
design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance.
Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,
checking, or correcting any plans or speCifications or in approving, reviewing or
inspecting any work or construction. The improvement security shall not be required to
cover the provision of this paragraph.
18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this
property will not relieve SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a novation of this Agreement and a
substitution of security. Upon approval of the novation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
16
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19. Time of the Essence. Time is of the essence of this Agreement.
20. Time for Completion of Work Extensions. SUBDIVIDER shall complete
construction of the improvements required by this Agreement no later than 7 / DCp .
In the event good cause exists as determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the improvements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security given for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which prevent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended .in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services.
21. No Vestina of Riahts. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance.
17
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22. Notices. All notices required or provided for under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
provided in this Section. Notice shall be effective on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
-J"t::f'r"k E _ t!Lz#l~N-r
AM tI~/2fi-;Z'm-
34/--/"7 thAM15 \ ~~t.~
~rd ./SMc-fl-, f!A- .q2-ck3
23. Severabilitv. The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
24. Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Litiaation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this contract, the prevailing party shall be entitled to litigation costs
and reasonable attorney's fees.
18
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26. Incorporation of Recitals. The recitals to this agreement are hereby
incorporated into the terms of this agreement.
27. Leaal Responsibilities. The Subdivider shall keep itself informed of all
local, State and Federal laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its obligations pursuant to this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Subdivider to comply with this section.
28. Entire Aareement. This Agreement constitutes the entire Agreement of
the parties with respect to the subject matter. All modifications, amendments, or waivers
of the terms of this Agreement must be in writing and signed by the appropriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager.
19
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IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
SUBDIVIDER
TEMECULA COMMUNITY
SERVICES DISTRICT (TCSD)
B~AIL 16'1",'-''-'" C"'NTCJ7. Lt'
Spehar Temecula Center, LP
By: VenturePoint Inc. I s Agent
<;/
By:
Name:
Chuck Washington
Title: ~o'''E.-l''
President
Title:
President
By:
Name:
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, CMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
Name:
William G. Hughes,
Director of Public Works/City Engineer
By:
Name:
Herman D. Parker
Director of Community Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
R:\Developmenl Services Forms\Bcnds\Par1<1and LandscaP2~greement.doc
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,'(\
I
State of California
=-
} ss.
Name(s) of Signer(s)
D personally known to me
G--proved to me on the basis of satisfactory
evidence
to be the personl.s1 whose name~ ~afe
subscribed to uie' within instrurflent and
acknowledged to me !Qat ~shelthey executed
the same in Qji)horftAek authorized
capacity(ie.sJ. and that by @/herfttTeir
signature(0'on the instrument the person~ or
the entity upon behalf of which the perso!J.ls'j
acted, executed the instrument.
WITNESS my hand and official seal.
~ -si:ref,;~~
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 reaffachment of this form to another document.
~CJy1t ~Y(P
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
@1997National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402
County of
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Description of Attached Do:nml1nt , I
Tille or Type of Document: '().JlK_JfiJ',JJ-
Documenl Date:
1~5,05
Signer(s) Other Than Named Above:
Capacity(jes) Claimed by Signer
Signer's Name:
o Individual
o Corporale Officer - Title(s):
o Partner - 0 Limiled 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
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Signer Is Representing:
Prod. No. 5907
Reorder: Call Toll-Free 1-8Q0.876.6827
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EXHIBIT A
(Attach the basis for the estimate of the cost of improvements.)
21
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Wieneke and AsJOciate.
41412005
RJ) OS' -- QCL0
CONSTRUCTIONCOSTEST~TE
RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY
MEDIAN LANDSCAPING
rrEM DESCRIPTION UNIT EST UNIT PRICE EXTENDED
NO. QTY AMOUNT
I TRAFFIC CONTROL LS 18,000.00 J 8,000.00
2 4 INCH STAMPED CONCRETE, NATURAL COWR SF 6,610 5.50 36,355.00
3 ROOT BARRIER EA 30 40.00 1,200.00
4 FERffilZ1NG AND CONDmONING SF 4,038 0.15 605.70
5 FINE GRADING SF 4,038 0.15 605.70
6 MULCH, 4 INCHES DEEP SF 4,038 0.50 2,019.00
7 24-INCH BOX TREES EA 15 225.00 3,375.00
8 5 GALWN SHRUBS EA 381 15.00 5,715.00
9 J GALWN SHRUBS EA 143 8.00 1,144.00
10 ELECI'RICAL SERVICES FOR SYSTEMS A & B EA 2
11 WATER SERVICES FOR SYSTEMS A & B EA 2
12 TELEPHONE SERVICE FOR SYSTEM B EA
13 IRRIGATION CONTROllER A EA 9,000.00 9,000.00
14 IRRIGATION CONTROLLER B EA 13,000.00 13,000.00
15 IRRIGATION SYSTEM A EA 4,900.00 4,900.00
16 IRRIGATION SYSTEM B EA 11,200.00 11,200.00
17 ~-BUlLTS AND CONTROllER CHARTS A& B EA I 2,500.00 2,500.00
18 9O-DA Y LANDSCAPE MAINTENANCE SF 4,038 0.25 1,009.50
19 TOTAL ESTlMA TE 110,628.90
110,628,90',
125. % K
138,286.13n
d'S'...t -1i1.creiA.~
't'lctY\ '" Vto+- tA-pproJ~ot.
CITY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
,
BOND NO. 213 59 13
PREMIUM $ 3,266.00 I 2 YEARS
WHEREAS, the City of Temecula, Stale of California, and Spehar Temecula
Center, LP (hereinafter designated as "Principal") have entered into an Agreement
whereby Principal agrees to install and complete certain Parkland Improvements, which
said Agreement, dated..)l.>l..-/ c; 20~, and identified as "Rancho California
Road and Meadows Parkway Median Landscaping CSD05-0005", is hereby referred to
and made a part hereof; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a
bond for the Faithful Performance of the Agreement.T
. ll'ISURANCE COMPANY OF THE
NOW, THEREFORE, we the Principal and WEST as surety,
are held and firmly bound unto the City of Temecula, California, in the penal sum of
$138,286.00, lawful money of the United States, for the payment of such sum well and
truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and
void if the above-bounded Principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to, abide by, well and truly keep, and
perform the covenants, conditions, and provisions in the Agreement and any alteration
thereof made as therein provided, on his or their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to his or their
true intent and meaning, and shall indemnify and save harmless the City of Temecula,
its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall
be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
R:\KITCHEL. Janel\Bonds\05-0005\parkland landscape fatthful performance.doc
Page 1 of3
~
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed there
under or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or the work or to the
specifications.
11/
R:\KITCHEL, Janet\Bonds\05-0005\parkland landscape faithful performance.doc
Page 2 Of/
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on JULY 26, 2005 , 20
(Seal)
if
C. ~'t-.
~ PRINCIPAL ..qL'FO~
B . . 9-- ~ 0 . By: Sra-\4t1. 1'lC.J.4EGU"oA CE.,.>~ . Lt'
CYJIlDI BEILMAN, ATTORNEY IN FACTllT': ..e,..T.....dol , .... ,n..' ;;...~
INS CE COMPANY OF THE' WEST
(Name) (Na e)
JOHN E. CLEMENT
PRESIPENT
(Title)
(Title)
.
By:
. . I
f1Y'IJJh/J,n
. '(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R:\KITCHEL, Janel\Bonds\05-0005\parkland landscape faithful performance.doc
Page3of3
No. 0004066
.
ICW.GROUP
Power of Attorney
Insurance Company of the West
Tbe Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State ofCaJifomia, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
JEFF DAVIS. CYNDI BEILMAN, RACHEL HOLBROOK, JEFF AASE, JANELLE L. MILLER
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
~"...,.y.......
,,~~
\rni
~o'" . ~
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
State ofCaJifornia
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
} ss
Witness my hand and official seal.
I@'MARYCOBB I
~,' -.-. COMM. #1321341
o . NOTARYPIJ BlIe.CAlIfORNlA lJ
tfj .... SAN DIEGO CO!JNTY n
CJ, M.J CommissIOn Expires ..
I SEPTEMBER 20. 2005 I
~.&.-M
,. -'0
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors ofeach of the Companies:
"RESOL YED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: TImt the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
m WITNESS WHEREOF, I have set my hand this 26TH
dayof___ JULY
2005.
John H. Craig, Assistant Secretlry.
To verify the authenticity of this Power of Attomey you may call 1-800..877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 EI CarninoReal, San Diego, CA 92130-2045 or call (858) 350-2400.
.
STATE OF California
} SS
COUNTY OF San Bernardino
Oil
7/26/2005
. before me. Janelle L. Miller. notary public
PERSONALLY APPEARED Cyndi Beilman
personally known to me (or proved 10 me on the basis afsalisfactory
evidence) to be the persoll(S) whose name(s} is/are subscribed to the
within ;nstntment and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies). and tlUll by hislhedtheir
sigllalllre(s) all the illstrumellt the persoll!s), or the elltity upon behalf
afwhich the persoll(s) acted, executed the instrument.
WITNESS my halld and official seal.
) A .,<' ,~".~ ,:. J~~~~~E. ~. ;";L~~~ . . (
: l '. COMM. #1496436 m
(I) ! 0; ; Notary PUblic.California en
LU,. SAN BERNARDINO COUNTY ~
My Comm. Exp, June 25, 2008
'''~'"' ~-'- .:L~
This area for Official Notarial Seal
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 lhis form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TIllE(S)
TITLE OF TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
o ATIORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTlTY{IES)
SIGNER(S) OTHER THAN NAMED ABOVE
10.1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
.
BOND NO. 213 59 13
PREKIUK INCLUDED IN PERFORMANCE BOND
CITY OF TEMECULA
PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and Spehar Temecula
Center, LP, (hereinafter designated as "Principal") have entered into an Agreement
whereby Principal agrees to install and complete certain Parkland Improvements, which
said Agreement, dated .J""'-T 5
,200{, and identified as "Rancho California
Road and Meadows Parkway Median Landscaping CSD05-0005", is hereby referred to
and made a part hereof; and
WHEREAS, under the term of said Agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Temecula, to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of DiYision 3 of the Civil Code of the State of
California; and
NOW, THEREFORE, we the principal and INSURANCE COMPANY OF THE WEslIs
Surety, are held and firmly bound unto the City ofTemecula, California, and all
contractors, subcontractors, laborers, material men, other persons employed in the
performance of the aforesaid Agreement and referred to in Title 15 of the CiYiI Code, in
the penal sum of.$69,143.00, lawful money of the United States, for materials furnished
or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that Surety will pay the same in an amount not
exceeding the amount set forth.
R:\KITCHEL, JanetIBondslO5-0005\parkland landscape labor and materials bond.doc
Pagelof3 ./
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of DiYision 3 of the CiYil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully perfonmed, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed there
under or the specifications accompanying the same shall in anyway affect its obligations
on this bond, and it does hereby waive notice of any such changes, extension of time,
alteration or addition to the tenms of the Agreement or to the work or to the
specifications.
R:\KITCHEL, JanellBonds\05-0005\parkland landscape labor and malerials bond.doc
Page2of3
/'
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on JULY 26, 2005 , 20
(Seal)
(Title)
PRINCIPAL
By: -;;;"04<0"- IG-...e.C......" L~f'E\. LP
1';;>....: "C!:~'...,..B- ,,,, "'l,~
- ~\-= '-
(Name
JOHN E. CLEMENT
fBESIDENI
(Title)
~
I ElLMAN, ATTORNEY IN FACT
COMPANY OF THE WEST
(Name)
By: ~UJ~.J ~~-J
_1#r~a..s. 41fJ~
(Name)
, I L
~Y"J n t!..'I!.4-
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R:\KITCHEL, JanetIBondslO5-0005\parkland landscape labor and materials bond.doc
Page 3 013
STATE OF California } SS
COUNTY OF San Bernardino
011 7/26/2005 , before me, Janelle L. Miller, notary public
PERSONALLY APPEARED Cyndi Beilman
,
personally known to me (or proved to me on the basis of sarisfactor)1
evidence) to be the persoll(s} whose name(s} is/are subscribed to tlte
within instntment and acknowledged to me that he/she/lhey executed
the same in his/her/their authorized capadty(ies). aOO tlUlI by his/her/fheir
signature(s) on the instrument the person(s), or the entity upon behalf I @" ,;."'~!;! ~;,iJ,;" "'
of which tlte person(s} acted. executed the instrument.
:=: ,/ ... COMM. #1496436 m
WITNESS my halld arui official seal. en ! 6 ~ Notary Public-California en
LLI ~ SAN BERNAROINO COUNTY ::
) . . :.: ~ . . ~y~ C~~~. .~P: J.u~e.2~, ~O.O~ E
'",,'"" 'J-lU.f' h ~Yh -.
V./
This areofar Official Notarial Seal
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 DESCRIPTION OF ATIACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY/IES)
SIGNER(S) OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004066
ICW GROUP
Power or Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company oCthe West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas. (collectively referred to as the "Companies"), do herehy appoint
JEFF DA VfS, CYNDl BEILMAN, RACHEL HOLBROOK, JEFF AASE, JANELLE L. MfLLER
their true and lawful Attomey(s)-m-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
~".......~
t:J~"'~
S yo ;t. 0(
~ . ~
~"'" . ~
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
Jolm L. Hannum, Executive Vice President
State of Cali fomi a
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
} ss.
... MARY COBB I
. ~... cOMM. #1321341
O. NOTAAYPu8UC.CA UfOANtA ~
.. -.. SAN DIEGO COJ.JNTY n
U, MyCommisslOnExpIres ..It
J SEPTEMBER 20. 2005 I
~&-M
Mary Cobb. Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and Ilotarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, lD1dertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: lbat the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying. "
CERTWICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, J have set my hand this
76TH day of
.TIlT.Y
2005
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call1..s00-877-l111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, JCW Group,
11455 El Camino Real, San Diego. CA 92130-2045 or call (858) 350-2400.
BOND NO. 213 59 13
CITY OF TEMECULA
PARKLAND/LANDSCAPE WARRANTY BOND
WHEREAS, the City of Temecula, State of California (hereinafter designated as
"City"), and Spehar Temecula Center, LP (hereinafter designated as "Principal") have
entered into an Agreement whereby Principal agrees to install and complete certain
designated Parkland Improvements, which said Agreement, dated
Ju I..T S 200 ( , and identified as "Rancho California Road and Meadows
Parkway Median Landscaping CSDOS-OOOS", is hereby referred to and made a part
hereof; and
WHEREAS, Principal is required to warranty the work done under the terms of
the Agreement for a period of one (1) year following acceptance thereof by City against
any defective work or labor done or defective materials furnished, in the amount of ten
percent (10%) of the estimated cost of the improvements;
NOW, THEREFORE, we the Principal and INSURANCE COMPANY OF THE WEST as
surety, are held and firmly bound unto the City of Temecula, California, in the penal sum
of $13,828.00, lawful money of the United States, for the payment of such sum well and
truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and seyerally. The condition of this obligation is such that the
obligation shall become null and yoid if the aboye-bounded Principal, his or its heirs,
executors, administrators, successors, or assigns shall in all things stand to, abide by,
well and truly keep, and perform the covenants, conditions, and provisions in the
Agreement and any alteration thereof made as therein provided, on his or their part, to
R:\KITCHEL, JanellBonds\05-0005\parkland landscape Warranty Bond 1.doc
Page 1 of3
/'
respects according to his or their true intent and meaning, and shall indemnify and save
harmless the City of Temecula, its officers, agents, and employees, as therein
stipulated; otherwise, this obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
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 Agreement or to the work to be performed
hereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
R:\KJTCHEL, Janel\Bonds\05-0005\parkland landscape Warranty Bond 1.doc
Page 2 of3
/
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on
JULY 26, 2005
,20_.
(Seal)
PRINCIPAL
By: S'~"'^ TCiM",~ ~m LY
,
~(": \l~1VI\~o~... - I'r'~ "'E.-of'
~~\ - '.
(Name)
JOHN E. CLEMENT
~RESIDENI
EI ATIORNEY IN FACT
CE COMPANY OF THE WEST
(Name)
(Title)
(Title)
By: ~"(/J~ ~~~~
/1 a.rU(L ....\' II~ 1i&.A
(Name) c../
, , i
'f1Y' ';'~~11..
itle)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R:\KITCHEL, JanetIBondSI05-0005\parkland landscape Warranty Bond 1.doc
Page 3 of 3
STATE OF California } SS
COUNTY OF San Bernardino
On 7/26/2005 . before me, Janelle L. Miller, notary public
PERSONAUY APPEARED Cyndi Beilman
personally known to me (or proved to me Oil the basis of satisfacIory
evidence) to be the persoll(s) whose name(s} is/are subscribed 10 the
within instrument and acknowledged 10 me that he/she/they executed
the same in his/her/theirauthorized caparity(ies), ami tlUlt by his/her/their
sigtUlntre(s) 011 the instrumellt the persoll(s), or the entity upon behalf I @.,~,u:; ~ ~;u,; . .1
of which the persorJ(s} acted, executed the instrument.
:!: :"' ......~. COMM. *1496436 m
WITNESS my hand alld official seal. U) ~ ",; ;: Notary Public..california en
UJ #'. SAN BERNARDINO COUNTY ::
J. .. ~'.'~. ~Y.C~~~,.E~p:J.u~e.2~.~O.O~ E
Signature ~....u~ ~Yh2L
Tllis area for o.tlicial Notarial Seal
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 lhis form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S} OR ENTITY(JES)
SIGNER(S) OTHER THAN NAMED ABOVE
10.1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
No. 0004066
'.
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty aod Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Cali fomi a, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
JEFF DAVIS, CYNDl BEfLMAN, RACHEL HOLBROOK, JEFF AASF:, JANELLE L. MILLER
their true and lawful Attomey{sHn.Fact with authority to date, execute, sign, seal. and deliver on behalfofthe Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
~~"""'~
IJ~~'~
i 't' ~ 0<
~ . I/;
~Q" . ~
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
StateofCalifomia
County of San Diego
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared JOM L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instIllment, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
} ss.
.. MARY COBB I
~.' .-" COMM.#1321341
O. NOTA RYPUS. lIC.CAlIfORNlA 1l
<n .,. SAN {)lEGe COjJNTY (')
U, MyCOmmisslOnExpIres ...
I S~PTEMBER 20. 2005 I
~&-M
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such fucsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTWICA 1E
I, the undersigned, Assistant Secretary of Insurance Company of the West, lbe Explorer Insunmce Company, and Independence Casualty and Surety Company. do
hereby certify that the foregoing Power of Attorney is in filll force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF. I have set my hand this 26THdayof JULY 2005
JOM H Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may caJlI-800-877~1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individua1(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, IeW Group,
11455 EI Camino Real. San Diego. CA 92130-2045 or call (858) 350-2400.
Surety Bond Review
The attached surety bonds (Insurance Company Of The West) have been reviewed.
(Rancho California Road and Median landscaping)
Bond #
2135913
$ 138,286
$ 69,143
$ 13,828
laThe surety company is an admitted company in the State of California
~ admitted company was verified at
www.insurance.ca.gov/docs/fs/admitted.htm
DThe surety company is not an admitted company in the State of California
Surety bond reference is A.M. Best 2004 version 071400 (A-:FSC VIII)
Verified by:
~ .
""'G PI F' IS . M
. us apago os, Isca ervlces anager
Approved As to Form:
Peter M. Thorson, City Attorney
Company Profile
Company Profile
Page lof2
INSURANCE COMPANY OF THE WEST
PO BOX 85563
SAN DIEGO, CA 92186-5563
800-877-1111
Agent for Service of Process
JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045
Unable to Locate the Agent for Service of Process?
Reference Information
NArC #:
NArC Group #:
California Company ID #:
Date authorized in California:
License Status:
Company Type:
State of Domicile:
27847
0922
2071-9
May 17, 1972
UNLIMITED-NORMAL
Property & Casualty
CALIFORNIA
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of any of these
terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
AUGUST 23, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:05
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 5
AGENCY MEMBERS
Edwards, Comerchero, Naggar,
Washington, Roberts
ABSENT: 0
AGENCY MEMBERS:
None.
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 August 9, 2005.
2 Status Update on the Temecula Education Center
RECOMMENDATION:
2.1 Receive and file.
MOTION: Agency Member Edwards moved to approve the Consent Calendar. Agency
Member Comerchero seconded the motion and electronic vote reflected approval with the
exceDtion of Chairman Roberts who abstained.
DEPARTMENTAL REPORT
No additional comments.
EXECUTIVE DIRECTOR'S REPORT
No additional comment.
AGENCY MEMBERS' REPORTS
No additional comments.
R:IMinutes.rdaI082305
ADJOURNMENT
At 8:06 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, September 13, 2005 in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes.rdaI082305
2
ITEM 2
APPROVAL '--tLJ..12
CITY ATTORNEY 'rd
FINANCE DIRECTOR
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Redevelopment Agency Members
FROM:
Genie Roberts, Director of Finance
DATE:
September 13, 2005
SUBJECT:
Financial Statements for the Fiscal Year Ended June 30, 2005
PREPARED BY:
Jason Simpson, Assistant Finance Director ~
Pascale Brown, Senior Accountant P8 ()-
RECOMMENDATION: That the Agency Members:
1. Receive and file the Finandal Statements for the Fiscal Year June 30, 2005.
DISCUSSION: The attached financial statements reflect the unaudited activity of the
Redevelopment Agencyforthe Fiscal Year Ended June 30,2005. Please see the attached financial
statements for an analytical review of financial activity.
FISCAL IMPACT:
None
ATTACHMENTS:
Combining Balance Sheet as of June 30, 2005
Statement of Revenues, Expenditures and Changes in Fund Balance for
the Fiscal Year Ended June 30, 2005
,
(
I
TEMECULA REDEVELOPMENT AGENCY
Combining Balance Sheet as of June 30, 2005
And the
Statement of Revenues, Expenditures and Changes in Fund
Balance For The Fiscal Year Ended
June 30, 2005
(Unaudited)
Prepared by the Finance Department
Temecula Redevelopment Agency
Combining Balance Sheet
As of June 30, 2005
LowlMod elF Debt
Fund Fund Service Tolal
Assets:
Cash and investment" $ 10, 1l0,859 $ 1,892.083 $ 3.276.684 $ 15.279.626
Receivables 890.688 296.333 54.144 U41.165
Land held for resale 98.484 98.484
Tolalassets $ 11,001,547 $ 2.286,900 $ 3.330.828 $ 16,619.275
Liabilities and fund balances:
Liabilities:
Due to other funds
Other current liabilities $ 127,368 $ 88.466 $ 1,582.427 S 1.798.261
Deferred revenue 451.115 125.000 576.115
Total liabilities 578.483 213 .466 1.582.427 2,374,376
Fund balances:
Reserved 10.423.064 2.073.434 12.496.498
Designated 1.748.401 1.748.401
Undesignated
T alai fund balances 10.423,064 2,073,434 1,748,401 14.244.899
T otalliabilities
and fund balances $ 11.001.547 $ 2.286.900 $ 3,330,828 $ 16.619.275
Please note that these balances are unaudited
City of Temecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Redevelopment Agency Low/Moderate Income Housing
For the Fiscal Year Ended June 30, 2005
Annual
Amended YTD Total Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Property tax increment $ 2,510,200 $ 2,532,770 $ 2,5 32.770 101%
Investment interest 135.000 192.582 ]92.582 14Jfl (I)
Rental income 50.000 50.000 50.000 lOOlk
Forgivable Loan Repayment/Misc 205.900 178.479 178.479 87 lit (2)
Reimbursment- Old Town Cottages 40.000 40.416 40.416
Total Revenues 2,941,]00 2.994,247 2.994.247 102(70
Expenditures;
Salaries and wages 278.600 260.910 260.910 941;{
Operating and administrative expenditures 835.762 323.855 52.969 376,824 45%)
Homebuyer programs 300.000 (3)
Residential rehabilitation programs 29],439 201.080 20,054 221.134 76% (4)
Housing development & acquisition 5,885.278 9,039 96] 10.000 0% (5)
Affordable housing / future obligation 305,000 305,000 305.000 100%
Total Expenditures 7,896,079 1.099.884 73.984 1.173.868 IS(,\(
Revenues Over/CUnder) Expenditures (4,954,979) 1,894.363
Beginning Fund Balance. July I. 2004 8,528,70] 8.528.701
Ending Fund Balance, June 30. 2005 $ 3,573.722 S 10.423,064
Notes;
1) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
2) The variance is due to less than expected residential rehab program loan pay offs received during this fiscal year.
3) The variance is homebuyer programs is due to housing in this area is too expensive and most of the applicanl"
do not meet the requirements to participate in the program.
4) The variance is Residential Rehab is due to a reduction in the number applicants qualifying for this program.
5) The variance is Housing development is due to the Campus project that is just getting underway.
2
City of Temecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Fund Balance. Budget and Actual
Redevelopment Agency-eIP
For the Fiscal Year Ended June 30, 2005
Annual
Amended YTD Total Pef(~ent
Budget Activity Encumbr. Activity of Budgt:t
Revenues:
Grants S 250.000 $ 250.000 S 250.000 100(f,
Investment Interest 150.000 104.075 104.075 69(,;;- (]]
Loan interest 12,000 11.873 11.873 99(;;:,
ReimbursementslMisc. 10.000 5.776 5.776 58% (2)
Operating transfers in 1.020,100 1.020,100 1.020.\ 00 1000/,.
Total Revenues 1.442,100 1.391,824 1.391,824 97%
Capital Projects:
Old Town Building Fa~ades 280-813 142.800 58.20\ 4.313 62.514 44(Jt (3)
Gateway Landscape OT 280-833 454,228 436.949 13,096 450,045 99%
ErIe Stanley Gardner 280-834 44,260 1,392 4.261 5.653 \3% (4)
Escallier House 280-835 805,000 (5)
Old Town Identification Sign 280-836 90.495 (6)
Old Town Properties 280-837 170.000 151.150 151.150 890/.
Operating Expenditures:
Salaries and wages 1]8.900 117.287 117.287 99(,';
Operating and administrative expenditures 312.700 279.706 22215 301.92 ] 97f,1(
ERAF Shift 770.000 769,553 769.553 1000/,
Old Town plan implementation 168.900 129,233 129,233 77% (7)
Banner program 1,000 934 934 93%
Operating transfers out 6,301,580 5,975,010 5.975.010 957r, (8)
Total Expenditures 9,379.863 7,919.415 43.885 7.963.300 85(.~
Revenues Over/(Under) Expenditures (7.937.763) (6.527,591)
Beginning Fund Balance, July], 2004 8,601,025 8,601,025
Ending Fund Balance, June 30, 2005 $ 663,262 $ 2.073,434
Notes:
1) Investment Interest was lower than expected due to a significant use of funds to construct the Old Town Community Theater.
2) The variance in reimbursement is due to the Erie Stanley Gardner project that has not yet started this fiscal year.
3) The variance is due to less than anticipated participation in the fa~ade improvement programs.
4) The ErIe Stanley Gardner project is currently in plan check and constructions is scheduled to begin next fiscal year.
5) The Escallier House project will move forwad once the Civic Center Master Plan is implemented.
6) The Old Town Idenfication Sign project has not yet started during this liscal year.
7) The varianace is Old Town plan implementation is due to less than expected cost" associated with entertainment
and Marketing.
8) The variance is due to the Conununity Theater project which was started in March 3. 2004 but not yet completed.
3
City of Temecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Fund Balance. Budget and Actual
Redevelopment Agency - Debt Service
For the Fiscal Year Ended June 30, 2005
Property tax increment
Investment interest
Annual
Amended YTD Percent
Budget Activity of Budget
$ 10,040,800 10,131,080 101%
30,000 47,717 159% (1)
10,070,800 10.178,797 101%
Revenues:
Total Revenues
Expenditures:
Passthrough agreements
Debt service - principal
Debt service. interest
Trustees admin fees
Property Tax admin Fees
Operating transfers out
6.982,000 6,981.873 100%
110.000 110.000 100%
1,454,400 1.451.439 1000/"
6.050 6,050 100%
134,650 130.056 97(fr,
1,020,100 1,020,100 100%
9.707.200 9,699,518 100%
363,600 479,279
1.269.122 1.269.122
$ 1,632.722 $ 1.748.401
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1,2004
Ending Fund Balance, June 30, 2005
Notes:
1) Investment interest was higher than expected due to steady interest rate increases
by the Federal Open Market Committee.
4
ITEM 3
APPROV~L
CITY ATTORNEY -1J}f,
DIRECTOR OF FINA E
CITY MANAGER
1/
CITY OF TEMECULAlTEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
Executive Director/City Manager
Agency Members/City Council Members
John Meyer, Redevelopment Directo)f~
September 13, 2005
DATE:
SUBJECT:
Third Amendment for Habitat for Humanity of the Inland Valleys Inc.
Housing Project
RECOMMENDATION:
1. That the City Council adopt a Resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND HABITAT FOR HUMANITY
2. That the Temecula Redevelopment Agency adopt a Resolution entitled:
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND HABITAT FOR HUMANITY
3. The Temecula Redevelopment Agency authorize an additional $100,000 to cover the
cost of the off the off-site improvements on Pujol, First and Habitat Way.
BACKGROUND: The City Council/Agency Board approved the Disposition and
Development Agreement (Agreement) with Habitat for Humanity Inland Valley Inc. (Habitat) on
February 11, 2003. The agreement has been amended twice before. The first amendment
provided an additional $7,000 to cover the cost of the City's processing fees. The second
amendment reduced the number of lots from six to five and changed the income qualifying
threshold from very low income to low income. Per the original Agreement, the Agency will also
provide $150,000 to finish off the off-site improvements on Pujol, First and Habitat Way.
R:\Habitat for HumanitylThirdAmendmentHabitat Staff Report 091!05.doc
ANALYSIS: Habitat has nearly completed the final map process for the five lots and will be
ready to commence construction on the units. The subdivision process took longer than
expected and as a result, the cost of improvements has gone up. A revised engineering
estimate projects the offsite improvements to cost $250,000, an increase of $100,000. The
schedule of performance has also been extended to reflect the delays.
In January of 2004, the Agency acquired the property adjacent to the north side of the Habitat
project. The Habitat project has been designed to expand onto this property. Habitat has now
formally requested to obtain the property to extend their existing project and build two additional
houses.
Staff is recommending that the Agency pay for and manage the contract to split this property
into two home sites. The cost of the engineering would be paid for by the Affordable Housing
Fund. The estimate for this service and the additional offsite improvements is $60,000.
FISCAL IMPACT: The previously committed $157,000 and the additional $100,000 will be
funded through Affordable Housing Units contained in the FY 06-10 Capital Improvement
Program. Sufficient Funds are available.
Attachment: Proposed Site Plan
Resolutions
Third Amendment to the Disposition and Development Agreement
KMA Memorandum and Summary Report
R:\Habitat for HumanitylThlrdAmendmentHabitat Staff Report 091205.doc
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I
LEXS'UPOlffl
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE AGENCY AND HABITAT FOR HUMANITY
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 ofTemecula 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 On February 11, 2003 the Agency and Habitat entered into that
certain "Disposition and Development Agreement by and between Redevelopment
Agency of the City of Temecula and Habitat for Humanity Inland Valley, Inc." ("Original
DDA"). On August 12, 2003 the Agency and Habitat entered into that certain "First
Amendment to Disposition and Development Agreement" ("First Amendment"). On
January 16, 2004, the Agency and Habitat entered into that certain "Second Amendment
to Disposition and Development Agreement" ("Second Amendment"). The Original DDA,
as amended by the First Amendment, Second Amendment and the Third Amendment
shall be known as the "Agreement" or "DDA."
D. The Third Amendment to the Disposition and Development Agreement
approved by this Resolution ("Third Amendment") along with the DDA 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 a home-ownership project within the
Pujol Street neighborhood. The Third Amendment will provide for a project consisting of
seven (7) single family homes to be sold exclusively to persons and families of low
income as defined in Section 50093 of the California Health and Safety Code(collectively
the "Project").
R:/Resos 2005/Resos 05-_
E. The Third Amendment is also intended to effectuate the objectives of the
Agency and the City ofTemecula (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 the 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.
F. On September 13, 2005, pursuant to the provisions of Health & Safety
Code Sections 33430, 33431 and 33433, 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.
G. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Third Amendment and
its relationship to the 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.
H. The conveyance of the property as proposed by the Third Amendment is
at less than fair market value based on the Agency's real estate analysis. Therefore, the
Agency Board specifically finds in accordance with the authority of Health & Safety Code
Section 33433 that: (1) the sales price is not less than the fair reuse value of the Site;
and (2) said difference is necessary to effectuate the provisions of the Plan and to allow
development and housing opportunities to come to the City and Project Area and
increase employment opportunities within the City and the Project Area.
I. The development of the Project as required by the Third Amendment will
assist in the elimination of blight in the Project Area as identified in the proceedings
establishing the Project Area in that development of Project on the Site will: (1)
Establish development standards and the rehabilitation and improvement of obsolete,
deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular
parcels into a site appropriate for development; (3) encourage and provide for
development of vacant properties in accordance with the Plan and the Old Town Specific
Plan; and (4) preserve, improve, and expand housing opportunities for low income
residents.
J. The Third Amendment is consistent with the Redevelopment Plan and
the Implementation Plan adopted by the Agency for the Project Area adopted by the
Agency.
K. The redevelopment of the Project site as provided in the DDA and is
consistent with the City's General Plan and the Old Town Specific Plan.
L. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Third Amendment.
M. The City Council has duly considered all terms and conditions of the
R:/Resos 2005/Resos 05-_ 2
proposed Third Amendment 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 in accord
with the public purposes and provisions of applicable State and local law requirements.
N. This Third Amendment 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 extent 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 affordable to 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
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 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 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.
R:/Resos 2005/Resos 05-_
3
Section 3. The City Council 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 feasible alternative method of financing the Project on substantially
comparable terms and conditions, but without subordination, is not reasonably available.
Section 4. While the Council 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 5. The approval of this Agreement by the Agency constitutes an action by
the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing
units to assure they are affordable to persons of low and moderate income. Therefore, the
Project is exempt from the provisions of the California Environmental Quality Act pursuant to
Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations).
Additionally, the Project is: (1) consistent with the applicable General Plan designation and all
applicable General Plan Policies as well as with applicable zoning designation and regulations;
(2) the Project occurs with in the city limits of the City of Temecula on a project site of less than
five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat
for endangered, rare, or threatened species; (4) approval of the Project would not result in any
significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is and "in-
fill project" and is exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of
Regulations). The Executive Director of the Agency is directed to file a Notice of Exemption of
this action as required by CEQA and the CEQA Guidelines.
Section 6. The City Council of the City of Temecula hereby approves that certain
agreement entitled "Third Amendment to Disposition and Development Agreement" by and
Between Temecula Redevelopment Agency and Habitat for Humanity Inland Valley, Inc. with
such changes as may be mutually agreed upon by the Developer and the Agency Executive
Director as are in substantial conformance with the form of such Third Amendment which is on
file in the Office of the Agency Secretary. A copy of the final Agreement when executed by the
Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency.
Section 7. Mayor Pro Tem Roberts did not participate in the consideration or
approval of this Third Amendment because he sits on the Board of Directors of the Developer,
Habitat for Humanity Inland Valley, Inc., which is a California non-profit corporation.
Section 8. The City Clerk shall certify the adoption of this Resolution.
R:/Resos 2005/Resos 05-_ 4
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a
meeting held on the 13th day of September, 2005.
Jeff Comerchero, 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
Resolution No. 05-_ was duly and regularly adopted by the City Clerk of the City of Temecula
at a meeting thereof, held on the 13th day of September, 2005, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2005/Resos 05-_
5
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THE THIRD AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY
AND HABITAT FOR HUMANITY
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of 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 On February 11, 2003 the Agency and Habitat entered into that
certain "Disposition and Development Agreement by and between Redevelopment
Agency of the City of Temecula and Habitat for Humanity Inland Valley, Inc." ("Original
DDA"). On August 12, 2003 the Agency and Habitat entered into that certain "First
Amendment to Disposition and Development Agreement" ("First Amendment"). On
January 16, 2004, the Agency and Habitat entered into that certain "Second Amendment
to Disposition and Development Agreement" ("Second Amendment"). The Original DDA,
as amended by the First Amendment, Second Amendment and the Third Amendment
shall be known as the "Agreement" or "DDA."
D. The Third Amendment to the Disposition and Development Agreement
approved by this Resolution ("Third Amendment") along with the DDA 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 a home-ownership project within the
Pujol Street neighborhood. The Third Amendment will provide for a project consisting of
seven (7) single family homes to be sold exclusively to persons and families of low
income as defined in Section 50093 of the California Health and Safety Code(collectively
R:/RDA Resos 2005/RDA 05-_
the "Project").
E. The Third Amendment 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 the 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.
F. On September 13, 2005, pursuant to the provisions of Health & Safety
Code Sections 33430, 33431 and 33433, 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.
G. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Third Amendment and
its relationship to the 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.
H. The conveyance of the property as proposed by the Third Amendment is
at less than fair market value based on the Agency's real estate analysis. Therefore, the
Agency Board specifically finds in accordance with the authority of Health & Safety Code
Section 33433 that: (1) the sales price is not less than the fair reuse value of the Site;
and (2) said difference is necessary to effectuate the provisions of the Plan and to allow
development and housing opportunities to come to the City and Project Area and
increase employment opportunities within the City and the Project Area.
I. The development of the Project as required by the Third Amendment will
assist in the elimination of blight in the Project Area as identified in the proceedings
establishing the Project Area in that development of Project on the Site will: (1)
Establish development standards and the rehabilitation and improvement of obsolete,
deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular
parcels into a site appropriate for development; (3) encourage and provide for
development of vacant properties in accordance with the Plan and the Old Town Specific
Plan; and (4) preserve, improve, and expand housing opportunities for low income
residents.
J. The Third Amendment is consistent with the Redevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area adopted by the
Agency.
K. The redevelopment of the Project site as provided in the DDA and is
consistent with the City's General Plan and the Old Town Specific Plan.
L. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Third Amendment.
R:/RDA Resos 2005lRDA 05-_
2
M. The Agency Board has duly considered all terms and conditions of the
proposed Third Amendment 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 in accord
with the public purposes and provisions of applicable State and local law requirements.
N. This Third Amendment 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 Board of Directors of the Redevelopment Agency 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 extent 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 affordable to 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
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 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 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 properly 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
R:/RDA Resos 2005/RDA 05-_
3
to the provisions of said Article XXXIV.
Section 3. 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 feasible alternative method of financing the Project on substantially comparable
terms and conditions, but without subordination, is not reasonably available.
Section 4. 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 5. The approval of this Agreement by the Agency constitutes an action by
the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing
units to assure they are affordable to persons of low and moderate income. Therefore, the
Project is exempt from the provisions of the California Environmental Quality Act pursuant to
Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations).
Additionally, the Project is: (1) consistent with the applicable General Plan designation and all
applicable General Plan Policies as well as with applicable zoning designation and regulations;
(2) the Project occurs with in the city limits of the City of Temecula on a project site of less than
five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat
for endangered, rare, or threatened species; (4) approval of the Project would not result in any
significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is and "in-
fill project" and is exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of
Regulations). The Executive Director of the Agency is directed to file a Notice of Exemption of
this action as required by CEQA and the CEQA Guidelines.
Section 6. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby approves that certain agreement entitled "Third Amendment to Disposition
and Development Agreement" by and Between Temecula Redevelopment Agency and Habitat
for Humanity Inland Valley, Inc. with such changes as may be mutually agreed upon by the
Developer and the Agency Executive Director as are in substantial conformance with the form of
such Third Amendment which is on file in the Office of the Agency Secretary. The Chairperson
of the Agency is hereby authorized to execute the Agreement, including related exhibits and
attachments on behalf of the Agency. A copy of the final Agreement 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 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 Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions,
certificates of completion and such other implementing agreements and documents as
contemplated or described in the Agreement.
Section 8. Board Member Roberts did not participate in the consideration or
approval of this Third Amendment because he sits on the Board of Directors of the Developer,
R:/RDA Resos 2005/RDA 05-_
4
Habitat for Humanity Inland Valley, Inc., which is a California non-profit corporation.
Section 9. 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 at a meeting held on the 13th day of September, 2005.
Ron Roberts, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk/Board Secretary of the Redevelopment Agency of
the City of Temecula, do hereby certify that Resolution No. RDA 05-_ was duly and regularly
adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a
meeting thereof, held on the 13th day of September, 2005, by the following vote:
AYES:
NOES:
BOARD MEMBERS:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, CMC
City Clerk/Board Secretary
R:/RDA Resos 2005/RDA 05-_
5
THIRD AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT ("Third Amendment") is entered into and effective as of September 13,
2005 by and between the REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, a public body corporate and politic ("Agency") and HABITAT FOR
HUMANITY INLAND VALLEY, INC., a California non-profit corporation ("Habitat").
In consideration of the mutual covenants and agreements contained herein and other
consideration, the adequacy of which is hereby acknowledged by the parties, the Agency
and Habitat hereby agree as follows:
1. Recitals. This Third Amendment is made with respect to the
following facts and for the following purposes, which each of the parties acknowledge to
be true and correct:
a. On February 11, 2003 the Agency and Habitat entered into that
certain "Disposition and Development Agreement by and between
Redevelopment Agency of the City ofTemecula and Habitat for Humanity Inland
Valley, Inc." ("Original DDA"). On August 12, 2003 the Agency and Habitat
entered into that certain "First Amendment to Disposition and Development
Agreement" ("First Amendment"). On January 16,2004, the Agency and Habitat
entered into that certain "Second Amendment to Disposition and Development
Agreement" ("Second Amendment"). The Original DDA, as amended by the
First Amendment and the Second Amendment shall be known as the
"Agreement" or "DDA."
b. The parties now desire to amend the DDA to provide for the sale
of additional land by the Agency to Habitat and the construction by Habitat of two
additional units oflow-income housing units on the Site.
2. Amendment of Sections 1.1.2 and 1.1.3. Recitals. Section 1.1.2 and
1.1.3 of the DDA, Recitals, are hereby amended to read as follows:
"1.1.2. The real property to be developed pursuant to this Agreement (the
'Site') is located at 28731,28747, and 28753 Pujol Street, Temecula, California,
and is specifically described and depicted on Exhibit No.1."
"1.1.3. The project to be developed on the Site pursuant to this Agreement
consists of the construction of seven (7) homes affordable to persons of low
income as is more particularly defined in Section 4.1 of this Agreement
('Project')."
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836069.2 August 26,2005
3. Amendment of Section 1.3. The Site.
Site, is hereby amended to read as follows:
Section 1.3 of the DDA, The
"Section 1.3 The Site. The Site is located in the City of Temecula,
California, at 28731 Pujol Street (APN 922-062-016), 28747 Pujol Street (APN
922-062-021), 28739 Pujol Street (APN 922-062-017), and 28733 Pujol Street
(APN 922-062-019). The Site consists of two parcels, the 'Original Parcel' and
the 'Supplemental Parcel.' The Site, the Original Parcel and the Supplemental
Parcel are specifically depicted and described on Exhibit I-A, Site Map and Legal
Description. "
4. Amendment of Section 2.1. Aeencv Ownership of Site. Section 2.1 of
the DDA, Agency Ownership of Site, is hereby amended to read as follows:
"Section 2.1 Ownership of Site. Habitat is the owner of the Original Parcel
of the Site. The Original Parcel was conveyed to Habitat on February I, 2004
pursuant to the terms of the Original DDA. Agency is the owner of the
Supplemental Parcel of the Site, The parties intend that the Agency convey the
Supplemental Parcel to Habitat pursuant to the terms of Sections 2.2 through 2.13
of the DDA. Therefore, since the Original Parcel of the Site has already been
conveyed to Habitat, the term "Site" as used in Sections 2.2 through 2.13 of the
DDA shall mean the Supplement Parcel of the Site."
5. Amendment of Section 2.4. Title and Title Insurance. Section 2.4 of
the DDA, Title and Title Insurance is hereby amended to read as follows:
"Section 2.4 Title and Title Insurance. Upon the Opening of Escrow,
Escrow Holder shall order from First American Title Company ('Title Company')
a title commitment for the Supplemental Parcel. Escrow Holder shall also request
two copies each of all instruments identified as exceptions on said title
commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these
instruments and the title commitment to Habitat and Agency. Habitat's fee title to
the Supplemental Parcel shall be insured at the Close of Escrow by a CL T A
Owner's Standard Coverage Policy of Title Insurance in the amount of Eighty
Two Thousand Five Hundred Dollars ($82,500.00), which each of the parties
hereto acknowledge and agree to the be value of the Supplemental Parcel without
the restrictions of this Agreement (the 'Policy'). The Policy shall insure Habitat's
fee interest in the Supplemental Parcel free and clear of all liens, encumbrances,
restrictions, and rights-of-way of record, subject only to the following permitted
conditions oftitle ('Permitted Title Exceptions'):
"2.4.1 The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the
Supplemental Parcel; and
R:\Habitat for HumanitylThird Amend Habitat DDA 8_26_05.002
836069.2 August 26. 2005
"2.4.2 Those non-monetary exceptions approved by Habitat within fifteen
(15) business days after the date Habitat receives the title commitment and
legible copies of all instruments noted as exceptions therein. If Habitat
unconditionally disapproves any such exceptions, Escrow shall thereupon
terminate, all funds deposited therein shall be refunded to Habitat (less
Habitat's share of escrow cancellation charges), and this Agreement shall
be of no further force or effect. If Habitat conditionally disapproves any
such exceptions, then Agency shall use Agency's best efforts to cause
such exceptions to be removed by the Close of Escrow. If such
conditionally disapproved non-monetary exceptions are not removed by
the Close of Escrow, Habitat may, at Habitat's option, either accept the
Supplemental Parcel subject to such encwnbrances, or terminate the
Escrow and receive a refund of all funds deposited into Escrow (less
Habitat's share of one-half of escrow cancellation charges), if any, and
this Agreement shall thereupon be of no further force or effect. At the
Close of Escrow, Habitat's fee title to the Supplemental Parcel shall be
free and clear of all monetary encwnbrances."
6. Amendment of Section 2.6. Section 2.6 of the DDA, Authorization to
Record Documents and Disburse Funds, is hereby amended to read as follows:
"Section 2.6 Authorization to Record Documents and Disburse Funds.
Escrow Holder is hereby authorized to record the docwnents and disburse the
funds and docwnents called for hereunder upon the Close of Escrow, provided
each of the following conditions has then been fulfilled:
"2.6.1 Title Company can issue in favor of Habitat the Policy,
showing the Supplemental Parcel vested in Habitat subject only to the
Permitted Title Exceptions.
"2,6.2 Escrow Holder shall have received Agency's notice of
approval or satisfaction or waiver of all of the contingencies to Habitat's
obligations hereunder, as provided for in Section 2.11;
"2.6.3 Agency shall have deposited in Escrow the Grant Deed for
the Supplemental Parcel.
"2.6.4 Habitat shall provide Agency with evidence that Habitat
has sufficient funds and/or financing and volunteer labor to complete the
Project pursuant to Section 1,7 of the Agreement
"2.6.5 Habitat shall have deposited in Escrow the duly approved
and executed Regulatory Agreement for the Original Parcel and the
Supplemental Parcel in substantially the form set forth on Exhibit No.3,
Regulatory Agreement.
R:\Habitat for Humanity\Third Amend Habitat DDA 8_26_05.009
836069.2 August 26. 2005
"Unless otherwise instructed in writing, Escrow Holder is authorized to record at
the Close of Escrow any instrument delivered through this Escrow if necessary or
proper for issuance of the Policy, including the Grant Deed."
7. Amendment of Section 2.7. Escrow.
Escrow, is hereby amended to read as follows:
Section 2.7 of the DDA,
"Section 2.7 Escrow. The parties hereby establish an escrow ("Escrow") to
accommodate the transaction contemplated by this Agreement. For purposes of
this Agreement, Opening of Escrow shall mean the date on which Escrow Holder
shall have received a fully executed original of this Agreement from Habitat and
Agency. Close of Escrow shall be the date upon which the Grant Deed for the
Supplemental Parcel to Habitat is delivered and recorded in the Official Records
of the County of Riverside. The Close of Escrow shall be on or before January
31, 2006. Before the Close of Escrow, all risk of loss and damage to the
Supplemental Parcel from any source whatsoever shall be solely that of Agency.
Agency shall pay all escrow costs."
8 Amendment of Section 2.11. Ae:encv Conditions Precedent to the Sale
of the Site to Habitat. Section 2.11 of the DDA, Agency Conditions Precedent to
the Sale of the Site to Habitat, is hereby amended to read as follows:
"Section 2.11 Agency Conditions Precedent to the Sale of
Supplemental Parcel to Habitat. Habitat hereby represents and warrants to
Agency the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct as of the Close of Escrow
and shall survive the Close of Escrow:
"2.11.1 Habitat continues to be a non-profit corporation in
good standing with the State of California and a 501 (c )(3) corporation
under the Internal Revenue Code;
"2.11.2 Habitat has submitted evidence of Habitat's funds
or has binding commitments for funds sufficient to pay all costs of
development which Habitat will be required to pay to complete the
development of the Site.
"2.11.3 Habitat has submitted and the City has approved
final construction plans satisfactory for obtaining all necessary building
permits exclusive of payment of permit fees; and
"2.11.4 Habitat has obtained all permits from all
governmental entities necessary for commencement of construction except
for City issuance of the building permit, including without limitation, the
subdivision of the Supplemental Parcel as necessary for development of
the homes".
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836069.2 August 26, 2005
9. Amendment of Section 2.14, Termination of Alrreement. Section
2.14 of the DDA, Termination of Agreement, is hereby repealed and amended to read as
follows:
"Section 2.14 [Intentionally deleted.]"
10. Amendment of Section 3.1, Scope of Development. Section 3.1 of
the DDA, Scope of Development, is hereby amended to read as follows:
"Section 3.1 Scope of Development. The Site shall be developed with
seven (7) single family homes oflow income housing, as defined in Section 4.2 of
this Agreement, with minimum home size of one thousand (1000) square feet
within the general controls established in the Temecula Municipal Code, and
related laws governing municipal planning, zoning and subdivision. The
architectural style of the homes shall be consistent with the architectural styles
required by the Old Town Specific Plan, Temecula, California."
11. Amendment of Section 3.2, Cost of Construction; Off-Site Public
Improvements. Section 3.2 of the DDA, Cost of Construction; Off-Site Public
Improvements, is hereby amended to read as follows:
"Section 3.2 Cost of Construction; Off-Site Public Improvements.
The cost of developing the Site and constructing all improvements on the Site
shall be borne by Habitat, except for work expressly set forth in the Agreement to
be performed by the Agency or others. Agency shall pay to Habitat a sum not to
exceed two hundred fifty thousand dollars ($250,000.00) for the construction and
installation of the off-site public improvements for the Original Parcel as such
improvements are described on Exhibit 5, Description and Estimate of Off-Site
Public Improvements. Agency shall cause to be prepared, at is expense, and
approved by the City of Temecula a parcel map for the Supplemental Parcel
which divides the property into two parcels in order to accommodate the proposed
homes. Additionally, Agency shall construct and install, at its expense, the off-
site public improvements required for the Supplemental Parcel prior to the
completion of the construction of the homes on the Supplemental Parcel."
12. Amendment of Section 4.1. Uses. Section 4.1 of the DDA, Uses, IS
hereby amended to read as follows:
"Section 4.1 Uses. Habitat covenants and agrees for itself, its successors, its
assigns, and every successor in interest to the Site or any part thereof, that during
construction and thereafter, Habitat, and such successors and such assignees, shall
devote, the Site to use as seven (7) units of low income housing, as defined in
Section 4.2 of this Agreement."
R:\Habitat for Humanity\Third Amend Habitat DDA 8_26_05.005
836069.2 August 26, 2005
13. Amendment of Section 6.7. Remedies and Ril!:hts Prior to Al!:encv
Convevance. Section 6.7 of the DDA, Remedies and Rights Prior to Agency
Conveyance, is hereby amended to read as follows:
"Section 6.7 Remedies and Rights Prior to the Agency Conveyance
"6.7.1 Termination by Habitat. Prior to the conveyance of the
Supplemental Parcel to Habitat, Habitat may terminate this Agreement and its
obligations thereunder (subject to Paragraph D below) with respect to the
Supplemental Parcel only, for any of the following reasons:
"6.7.1.1 the Agency does not convey title and possession
of Supplemental Parcel in the manner and condition and by the date
provided in this Agreement; or
"6.7.1.2 the Agency defaults in the performance of any
material obligation hereunder and such failure is not cured within the time
required by this Agreement; or
"6.7.1.3 Agency does not agree to remove title exceptions
to the Supplemental Parcel as provided in Section 2.4;
"6.7.1.4 Habitat disapproves the results of the
environmental investigation of the Supplemental Parcel as provided in
Section 2.9; or
"6.7.1.5 Habitat is unable to raise sufficient funds by
donation or financing to construct the Project or that portion of the Project
which will be built on the Supplemental Parcel.
"6.7.2 Termination by the Agency.Prior to the conveyance of the
Supplemental Parcel to Habitat, the Agency may terminate this Agreement and its
obligations thereunder (subject to Paragraph D below) with respect to the
Supplemental Parcel only for any of the following reasons:
"6.7.2.1 prior to the conveyance of the Supplemental
Parcel Habitat (or any successor in interest) assigns or attempts to assign
the Agreement or any rights therein or in the Site in violation of this
Agreement; or
"6.7.2.2 Agency disapproves the results of the
environmental investigation for the Supplemental Parcel as provided in
Section 2.9;
"6.7.2.3 Habitat does not submit certificates of insurance
and related documents as required by this Agreement, in the manner and
by the dates respectively provided in this Agreement;
R:\Habitat for Humanity\Third Amend Habitat DDA 8_26_05.~
836069.2 August 26. 2005
"6.7.2.4 Habitat does not take title to Supplement Parcel
under tender of conveyance by the Agency pursuant to this Agreement;
"6.7.2.5 Agency determines, in its sole discretion, that
Habitat does not have sufficient funds or financing to construct the
Project.
"6.7.2.6 Escrow does not close prior to January 31, 2006."
"6.7.3 Procedure for Termination. In order to terminate this
Agreement with respect to the Supplemental Parcel prior to conveyance of the
Supplemental Parcel to Habitat for any reason set forth in Paragraph 6.7.1 or 6.7.2
above, the party proposing to terminate shall deliver written notice of its intent to
do at least fifteen (15) days prior to the proposed date of termination and stating
the reasons for termination. The party proposing to terminate the Agreement with
respect to the Supplemental Parcel may withdraw the proposed termination or
extend the effective date at any time prior to the effective date of the termination.
"6.7.4 Consequences of Termination. In the event of termination of
this Agreement with respect to the Supplemental Parcel in accordance with this
Section, neither party shall have any rights or recourse against the other, except in
the case of termination pursuant to Paragraph 6,7.1.1, 6.7.2.\., 6.7.2.3, 6.7.2.4,
6.7.2.5, or 6.7.2.6 in which event the terminating party shall be entitled to any
damages or other relief in law or equity to which it may be entitled."
14. Amendment of Exhibit 1. Site MaD and Leeal DescriDtion of Site.
Exhibit 1 of the DDA, Site Map and Legal Description of Site, is hereby deleted and in
its place is substituted a new Exhibit 1, attached hereto as Exhibit I-A and incorporated
herein as though set forth in full.
15. Amendment of Exhibit 2. Schedule of Performance. Exhibit 2 of
the DDA, Schedule of Performance, is hereby deleted and in its place is substituted a new
Exhibit 2, attached hereto as Exhibit 2-A and incorporated herein as though set forth in
full.
16. Amendment of Exhibit 3. Reeulatorv Aereement to be Recorded on Behalf of
Habitat. Exhibit 3 of the DDA, Regulatory Agreement to be Recorded on Behalf of
Habitat, is hereby amended by deleting the legal description of the subject property and
substituting in its place, a new legal description of the subject property designated as
Exhibit I-A to this Third Amendment.
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836069.2 August 26, 2005
17. Amendment of Exhibit 4. Certificate of Comoletion. Exhibit 4 of the DDA,
Certificate of Completion, is hereby amended by deleting the legal description of the
subject property and substituting in its place, a new legal description of the subject
property designated as Exhibit I-A to this Third Amendment.
18. Amendment of Exhibit 5. Descriotion and Estimate of Off-Site Public
Imorovements. Exhibit 5 of the DDA, Description and Estimate of Off-Site Public
Improvements, is hereby deleted and in its place is substituted a new Exhibit 5, attached
hereto as Exhibit 5-A and incorporated herein as though set forth in full.
19. Other DDA Terms to Remain in Force. Except as specifically
provided in this Third Amendment, all other terms and obligations of the DDA shall
remain in full force and effect.
1/1/
1/1/
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836069.2 August 26, 2005
IN WITNESS WHEREOF, the Agency and Habitat have signed this agreement
as of the date first written above.
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
Ron Roberts, Chairperson
ATTEST:
Susan Jones, MMC
Agency Secretary/City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
Counsel to the Agency
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836069.2 August 26, 2005
HABITAT FOR HUMANITY INLAND V ALLEY, a
California Non-Profit Corporation
By:
Name:
Title:
By:
Name:
Title:
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836069.2 August 26, 2005
EXHIBIT NO. I-A
SITE MAP AND LEGAL DESCRIPTION OF SITE
R:\Habitat for Humanity\Third Amend Habitat DDA 8_26_05.DCfl
836069.2 August 26, 2005
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EXHIBIT NO. 2-A
SCHEDULE OF PERFORMANCE
I. Evidence of Abilitv to Complete Proiect. Habitat shall provide Agency
with evidence that Habitat has sufficient funds and/or financing and volunteer labor to
complete the Project pursuant to Section 1. 7 of the Agreement: On or before the Close of
Escrow on the Supplemental Parcel.
2. Subdivision of Original Parcel. Habitat shall complete the process of
subdividing the Original Parcel to accommodate five (5) homes as provided in this
Agreement: On or before December IS, 2005.
3. Subdivision of Supplemental Parcel. Agency shall initiate and complete
the process of subdividing the Supplemental Parcel to accommodate two (2) homes as
provided in this Agreement: On or before December 15, 2005.
4. Opening of Escrow for the Supplemental Parcel. Agency and Habitat
shall open escrow for the purchase of the Supplemental Parcel: Within 15 calendar days
of the recordation of the final map or other documents necessary to effectuate the
subdivision of the Supplemental Parcel.
5. Preliminary Title Report Approval. Habitat shall approve those non-
monetary exceptions to title to the Supplemental Parcel: Within fifteen (15) business
days after the date Habitat receives the title commitment and legible copies of all
instruments noted as exceptions therein.
6. Evidence ofInsurance. Habitat shall furnish to the Agency a certificate of
insurance as set forth in Section 3.7 of the Agreement: Prior to Habitat or its agents
entering the Site, performing any environmental testing or investigation, or
commencement of demolition, whichever occurs first.
7. Convevance of Title. Subject to Section 2.6 of this Agreement, the
Agency shall convey title of the Supplemental Parcel to Habitat, and Habitat shall accept
conveyance, and the escrow pertaining thereto shall close: As soon as possible but not
later than January 31, 2006.
8. Commencement of Construction on Original Parcel. Habitat shall
commence construction of the five units and off-site improvements on the Original Parcel
within six (6) months of the recordation of the final map or other documents necessary to
effectuate the subdivision of the Original Parcel and shall thereafter diligently proceed
with construction to completion.
9. Commencement of Construction on Supplemental Parcel. Habitat shall
commence construction of the two units on the Supplemental Parcel within six (6)
months of the recordation of the final map or other documents necessary to effectuate the
R:lHabitat for HumanitylThird Amend Habitat DDA 8_26_05.IXf2
836069.2 August 26, 2005
subdivision of the Supplemental Parcel and shall thereafter diligently proceed with
construction to completion.
10. Completion of Off-Site Improvements for Supplemental Parcel. Agency
shall complete the construction and installation of the off-site improvements for the
Supplement Parcel on or before the issuance of the completion of the two units on the
Supplemental Parcel.
II. Completion of Construction. Habitat shall complete construction of the
units on the Original Parcel and the off-site improvements for the Original Parcel no later
than six (6) months following commencement of construction on such parcel as required
by this Agreement. Habitat shall complete construction of the units on the Supplemental
Parcel no later than six (6) months following commencement of construction on such
parcel as required by this Agreement.
R:\Habitat for Humanity\Third Amend Habitat DDA 8_26_05.IXf3
836069.2 Augus126,2005
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KEYSER MARSTON ASSOClATES
ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT
ADvISORS IN:
StEAL ESTATE
REOEVELOPMENT
AHOROAalE HOUSING
ECONOMIC DEvELOrM~NT To:
MEMORANDUM
SAN FRANCISCO
A.. JElUtY KEYSER
TIMOTHY C. KELLY
KATE EAALE FUNK From:
DEBnlE M. KERN
RO&EKT J, WETMORE Date:
LOSANGHES
CAlVIN F~ HOUJS, II S b' t
KAnnEfN H. HEAD U Jec :
JAMESAIV.BE
PAUL C. ANDERSON
GREGOIlY O. 5oo.Hoo
Mr. John Meyer, AICP, Redevelopment Director
T emecula Redevelopment Agency
Paul C. Marra
August 30, 2005
Habitat for Humanity Inland Valley, Inc.
Review of Proposed Third Amendment
A. Introduction
SAN DIEGO
GERALD M, TRIMBLE
",ulC.MARRA Keyser Marston Associates, Inc. (KMA) has been requested to review the proposed
Third Amendment to the Disposition and Development Agreement (DDA) between the
Temecula Redevelopment Agency (Agency) and Habitat for Humanity Inland Valley, Inc.
(Developer). The proposed Third Amendment modifies the original agreement between
the parties dated November 18,2002.
Under the November 2002 DDA, the Developer proposed to build six single-family
homes affordable to households at low-income levels on an approximate 1.07-acre site
(Original Parcel) at the northwest corner of Pujol Street and First Street within the Pujol
nei9hborhood of Old Town Temecula. Subsequent amendments (2003) reduced the
number of units to five; adjusted the affordability level to serve low-income households;
and increased the level of Agency financial assistance.
Under the proposed Third Amendment, approximately 0.23 acres (Supplemental Parcel)
will be conveyed to the Developer to construct two additional units (Project). In total, the
Developer will build seven single-family homes on approximately 1.3 acres (Site). All
seven units will be affordable to households at low-income levels.
1660 HOTEL CIRCLE NORTH. SUITE 716 ~ SAN DIEGO, CALIFORNIA 92108 ~ PHONE' 619 718 9500 ~ FAlC 619 7189508
05377mm
19545.014.004
WWW.KEYSERMARSTON.COM
To:
Subject:
Mr. John Meyer, AICP, Redevelopment Director
Habitat for Humanity Inland Valley, Inc.
August 30, 2005
Page 2
In January 2003, KMA prepared the re-use analysis and Section 33433 Summary
Report based on the terms and conditions set forth in the November 2002 DDA. In
December 2003, KMA prepared a subsequent re-use analysis outlining the terms of the
Second Amendment to the DDA. This supplemental memorandum to KMA's December
2003 report presents KMA's conclusions based on our review of the terms and
conditions pertaining to the proposed conveyance of the Supplemental Parcel to the
Developer, as identified in the Third Amendment.
B. Findings
KMA estimates the fair re-use value of the Supplemental Parcel to be negative
$196,000, or negative $98,000 per unit.
C. Transaction Terms
This section summarizes the salient aspects of the business terms pertaining to the
Supplemental Parcel, as identified in the proposed Third Amendment:
. The Agency will prepare, at its expense, a City-approved parcel map for the
Supplemental Parcel, which will divide the property into two parcels in order to
accommodate the additional two homes.
. The Agency will convey the Supplemental Parcel to the Developer at no cost.
. The Developer will complete construction of two additional homes for sale to low-
income households.
D. Estimate of Fair Re-Use Value
This section presents KMA's determination of fair re-use value for the Supplemental
Parcel.
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
Agreement.
There are two fundamental approaches to establish re-use value:
05377mm
19545.014.004
To:
Subject:
Mr. John Meyer, AICP, Redevelopment Director
Habitat for Humanity Inland Valley, Inc.
August 30, 2005
Page 3
. The first method 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 com parables to the subject, the approach
based on comparable transactions can yield a reliable indicator of value.
. The second is an analysis based on the anticipated income characteristics for a
specific project. The income approach, also termed the residual value approach,
takes into consideration the unique market setting, project characteristics, and
specific requirements of the Agency.
With this approach, the residual value is established as the amount that a developer
can feasibly afford to pay for a properly or development right, after taking into
account the development costs funded by the developer, the quantity and quality of
the income stream from the development, and the market-based return on invested
capital.
Comoarable Sales Aooroach
The comparable sales approach to valuation is not applicable for establishing fair re-use
value for the Supplemental Parcel, due to the long-term afford ability covenants imposed
on the Project by the DDA and amendments.
Residual Value Aooroach
Tables 2 to 4 present KMA's residual land value analysis for the proposed Supplemental
Parcel under the Third Amendment.
Development Costs
The Developer did not submit a financial pro forma for the Project. KMA acknowledges
that the Developer typically achieves substantially reduced costs throu9h donations and
volunteer labor. Table 2 presents an illustration of KMA's estimate of development costs
for the Project, based on typical industry standards, as summarized below.
Total development costs for the Project, excluding land, are estimated at $424,000, or
$110 per SF of gross building area (GBA), which equates to approximately $212,000 per
dwelling unit. Total development costs consist of the following:
05377mm
19545.014.004
To:
Subject:
Mr. John Meyer, AICP, Redevelopment Director
Habitat for Humanity Inland Valley, Inc.
August 30, 2005
Page 4
. Direct construction costs, such as on-site improvements, shell construction, and
contingency. The total direct costs are estimated to be $357,000, or $92 per SF
GBA.
. Indirect costs, such as architecture and engineering, public permits and fees, legal
and accountin9, taxes and insurance, developer fee, and contingency. These are
estimated to be $67,000, or 18.8% of direct costs.
. Financing costs. The Developer often receives financial donations and interest-free
loans from the private sector. Therefore, KMA has assumed no loan fees or interest
during construction.
Gross Sales Proceeds
Table 3 presents an illustrative calculation of the maximum per-unit sales price as
calculated under California Redevelopment Law (CRL). In accordance with State
redevelopment law, the maximum per-unit price for a household is based on the
appropriate household size for a given unit and specific income thresholds. For
purposes of CRL, a three-bedroom unit is assumed to house a four-person household.
Based on this information and Area Median Income (AMI) figures for the County of
Riverside, as determined by the Department of Housing and Urban Development (HUD),
the maximum unit sales price for the proposed Project is estimated to be $114,000
(speCific inputs and assumptions used in this calculation are shown in Table 3). As a
result, sales proceeds for the Project are projected to generate $228,000.
Residual Land Value
As shown in Table 4, the residual land value of the Supplemental Parcel is estimated at
negative $196,000, or negative $98,000 per unit. KMA has assumed no allowance for
entrepreneurial profit, inasmuch as the Developer is a non-profit organization.
Therefore, the difference between gross sales proceeds of $228,000, and total
development costs of $424,000, represents the residual land value of negative
$196,000.
Conclusion
Based on the fore90ing analysis, KMA concludes that the fair re-use value of the
Supplemental Parcel, subject to the conditions, covenants, and restrictions imposed by
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19545.014.004
To:
Subject:
Mr. John Meyer, AICP, Redevelopment Director
Habitat for Humanity Inland Valley, Inc.
August 30, 2005
Page 5
the DDA, as modified by the First, Second, and Third Amendments, is negative
$196,000.
E. 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
Supplemental Parcel that need to be remediated in order for development.
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 Supplemental Parcel will be in conformance with the applicable zoning and
buildin9 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.
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TABLE 1
PROJECT DESCRIPTION. SUPPLEMENTAL PARCEL
HABITAT FOR HUMANITY
CITY OF TEMECULA
I. Site Area
II. Gross Building Area
Residential Area
Common Areas
Total Gross Building Area
III. Number of Units
IV. Average Unit Size
V. Density
VI. Parking
Total Parking - 2-car attached garage
Parking Ratio
0.23 Acres
10,080 SF
3,872 SF
.Q SF
3,872 SF
2 Units
1,936 SF
8.6 Units/Acre
4 Spaces
100%
0%
100%
2.0 Spaces/Unit
Prepared by: Keyser Marston Associates, Inc.
Filename: i:Temecula\Habitat for Humanity\HH Reuse Tables - Third Amendment;8/3012005;10:26 AM;wcl
TABLE 2
DEVELOPMENT COSTS - SUPPLEMENTAL PARCEL
HABITAT FOR HUMANITY
CITY OF TEMECULA
DeveloDment Costs Totals Per Unit Comments
I. Direct Costs
Off-Site Costs $0 $0 Allowance
On-Site Costs/Landscaping $50,000 $25,000 $5 Per SF of Site Area
Parking $0 $0 Included in Shell
Shell Construction $290,000 $145,000 $75 Per SF GBA - Residential
Contingency $17 000 $8.500 5.0% of Above Directs
Subtotal Direct Costs $357,000 $178,500 $92 Per SF GBA
II. Indirect Costs
Architecture & Engineering $14,000 $7,000 4.0% of Directs
Permits & Fees (1) $30,000 $15,000 $8 Per SF GBA
Legal & Accounting $5,000 $2,500 1.5% of Directs
Taxes & Insurance $5,000 $2,500 1.5% of Directs
Developer Fee $11,000 $5,500 3.0% of Directs
Marketing/Sales (2) $0 $0 Allowance
Contingency $2.000 $1.000 3.0% of Above Indirects
Subtotal Indirect Costs $67,000 $33,500 18.8% of Directs
III. Financing Costs (3)
Loan Fees $0 $0 0.0% of Directs
Interest During Construction iQ iQ 0.0% of Directs
Subtotal Financing Costs $0 $0 0.0% of Directs
IV. Total Development Costs $424,000 $212,000 $110 Per SF GBA
Or Say (Rounded) $424,000
(1) Gross estimate; not verified by KMA or City.
(2) KMA has not assumed any markeUng costs due to the anticipated high demand for low-income ownership housing.
(3) Developer assumed to receive financial donations and interest-free loans for the project.
Prepared by: Keyser Marston Associates, Inc.
Filename: i:Temecula\Habitat for Humanity\HH Reuse Tables - Third Amendment;8/3012005;10:26 AM;wd
TABLE 3
MAXIMUM SALES PRICE AND ESTIMATED SALES PROCEEDS - SUPPLEMENTAL PARCEL
HABITAT FOR HUMANITY
CITY OF TEMECULA
I. Unit Sales Price
Low-Income
Number of Bedrooms
Assumed Family Size (1)
3
4
Household Income @ 70% AMI
Income Allocation to Housing
Amount Available for Housing
$38,955
30.0%
$11,687
Annuallnsurance/Utilities (2)
Tax Rate
Annual Taxes (2)
$2,400
1.00%
$1,100
Available for Mortgage
$8,187
Interest Rate
Down Payment
Closing Costs
6.5%
5.0%
0.0%
Supportable Mortgage
Add: Down Payment
(Less) Closing Costs
IMaximum Unit Price (Rounded)
$107,933
$5,700
iQ
$114,000 I
II. Gross Sales Procceds
Number of Units
2
IGross Sales Proceeds
$228,000 I
(1) As assigned by California Community Redevelopment Law.
(2) Based on affordable unit price. Property tax assessment may be based on market value of actual unit.
Prepared by: Keyser Marston Associates, Inc.
Filename: i:Temecula\Habitat for Humanity\HH Reuse Tables - Third Amendment;8/3012005;10:26 AM;wcl
TABLE 4
RESIDUAL LAND VALUE - SUPPLEMENTAL PARCEL
HABITAT FOR HUMANITY
CITY OF TEMECULA
I. Gross Sales Proceeds
$228,000
(Less) Cost of Sale (1)
(Less) Developer Profit (2)
0.0% of Value
0.0% of Value
$0
~
Supportable Investment
(Less) Total Development Costs
$228,000
($424.000)
II. Residual Land Value
Per Unit
($196,000)
($98,000)
(1) KMA has not assumed a cost of sale due to the anticipated high demand for low-income ownership housing.
(2) KMA has not assumed entrepreneurial profit. inasmuch as the Developer is a non-profit organization.
Prepared by: Keyser Marston Associates, Inc.
Filename: i:Temecula\Habitat for Humanity\HH Reuse Tables - Third Amendment;8/3012005;1 0:26 AM;wcl
ITEM 21
APPRO V AL
CITY ATTORNEY '-tOh
DIRECTOR OF FINANCE
CITY MANAGER
~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Jim O'Grady, Assistant City Manage(.J~
September 13, 2005 (j .
DATE:
SUBJECT:
Financial Assistance for the American Red Cross
(Requested by Mayor Comerchero and Mayor Pro Tem Roberts)
RECOMMENDATION:
1. That the City Council approve a $36,000 contribution to the American Red Cross to
assist with local Chapter operations, local disaster relief, and relief for the victims of Hurricane
Katrina.
2. That the City Council approve an appropriation of $36,000 from the Unappropriated
Reserves of the General Fund for this contribution.
BACKGROUND: The Riverside County Chapter of the American Red Cross is in need of
immediate support to maintain current operations and to provide relief for victims of Hurricane
Katrina.
Many of the donations now being received by the Red Cross are restricted and are given strictly
for the victims of specific disasters such as the victims of Hurricane Katrina. While there is an
urgent and compelling need for this relief, the local chapters such as the Riverside Chapter are
caught in a financial bind. On the one hand, they are being called upon to provide relief as well,
and at the same time face declining unrestricted contributions. This severely limits the Red
Cross's ability to replenish their supplies, provide ongoing disaster preparedness training,
provide local relief for the smaller emergencies such as home fires and other events that also
require response by the Red Cross, Because of this, the Riverside County Chapter is facing a
severe funding shortfall, and may have to severely limit or eliminate programs in the Temecula
area.
Following a meeting with local Red Cross Officials, Mayor Comerchero and Mayor Pro Tem
Roberts are recommending that the City of Temecula proVide $36,000 to the Riverside County
Chapter of the American Red Cross for the purpose of providing for local Chapter operations,
local disaster relief, and relief to the victims of Hurricane Katrina as determined by the Board of
Directors of the Riverside County Chapter of the American Red Cross. This would be in
addition to the $4,000 of CDBG funds that have been previously approved for the Red Cross
this year.
FISCAL IMPACT: Funds have not been provided in the adopted FY 2005/06 budget for this
purpose. If approved by the City Council, an appropriation in the amount of $36,000 would be
required.
Y:\Agenda Reports\Red Cross Financial Assistance _ 09-13-05.doc