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HomeMy WebLinkAbout061411 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting. please contact the office of the City Clerk (951)694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting[28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 14, 2011 —7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City CouncillTemecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property in the City of Temecula: 42221 Main Street (APN 922-053-038) owned by Jong C. Han Negotiating parties are Bob Johnson and Patrick Richardson on behalf of the City of Temecula and the Redevelopment Agency of the City of Temecula and the owner of the designated parcel Jong C. Han. Under negotiation are price and the terms of the City and Agency's purchase of the parcels of real property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding four parcels of real property in the City of Temecula: (1) 28445 Mimsy Way (APN 922-052-033) owned by Michael O'Brien; (2) 42298 Barlow Drive (APN 922-052-022) owned by Alex Seda; (3) 42293 Barlow Drive (APN 922-052-020) owned by Kim Holoday; and (4) 28426 Pujol Street (APN 922-052-018) owned by Mitchell Hernandez. Negotiating parties are Bob Johnson and Patrick Richardson on behalf of the City of Temecula and the Redevelopment Agency of the City of Temecula and the owners of the designated parcels. Under negotiation are price and the terms of the City and Agency's purchase of the parcels of real property. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 11-03 Resolution: 11-37 CALL TO ORDER: Mayor Pro Tern Washington Prelude Music: The Gu Family Invocation: To Be Announced Flag Salute: Council Member Naggar 1 ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 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 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of May 24, 2011; 2.2 Approve the action minutes of May 25, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 11- 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 April 30, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2011. 5 Agreement for Phlebotomy Services RECOMMENDATION: 5.1 Approve the Agreement with American Forensic Nurses, DBA: AFN for Phlebotomy Services in fiscal year 2011-12 for an annual contract amount of $45,000. 6 Award of a Professional Services Agreement for the maintenance/service/usage for Canon Copiers/Printers RECOMMENDATION: 6.1 Award a five-year agreement to Innovative Document Solutions (IDS) for the maintenance/service/usage of the Canon copiers/printers for the Civic Center, the Library, and outlining facilities for an annual expenditure of $68,000 plus a 10% contingency for a total annual amount of $74,800 and for a five-year total not to exceed $374,000. 7 Records Destruction Approval RECOMMENDATION: 7.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 8 Update of Fee Schedule RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPDATING THE FEE SCHEDULE 3 9 Second Amendment to the Agreement with Proactive Fire Design, Inc. RECOMMENDATION: 9.1 Approve the second amendment to the annual agreement with ProActive Fire Design, Inc. in the amount of $60,000 for fiscal year 2011-12 Fire Department Plan Review Service. 10 Memorandum of Understanding - Labor Agreement RECOMMENDATION: 10.1 Approve a two (2) year Memorandum of Understanding (M.O.U.) labor agreement, effective July 1, 2011, between the City and the general employees represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. 11 Community Grant Agreement with the Temecula Sister City Association RECOMMENDATION: 11.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2011-12. 12 Voter Approved Measure C Annual Special Tax Levy RECOMMENDATION: 12.1 Adopt a resolution entitled RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2011-2012 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 13 Amendments to Annual Agreements for various services required by the Public Works Traffic Division for fiscal year 2011-12 RECOMMENDATION: 13.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-12 for various Traffic Division operational needs. Counts Unlimited Crosstown Electrical & Data Republic ITS McCain Inc. $20,000 $20,000 $40,000 $30,000 4 14 Adoption of a Resolution to Approve a Reimbursement and Cooperative Agreement with the City of Murrieta in connection with Property Acquisition for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project, Project Numbers PVV02-11 and PVV07-04 RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND CITY OF MURRIETA IN CONNECTION WITH PROPERTY ACQUISITION FOR THE FRENCH VALLEY PARKWAY/INTERSTATE-15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT (PROJECT NUMBERS PW02-11 AND PW07-04) 14.2 Approve the agreement reimbursement amount of $38,900 from the City of Temecula to the City of Murrieta, as well as up $15,000 in closing costs for a total authorization of $53,900. 15 Approval of Agreements related to Motor Car Parkway Improvements RECOMMENDATION: 15.1 Approve the Agreement with Rancho Temecula Auto Park Association, in substantially the same form attached, to facilitate the conveyance of all real property interests in Motor Car Parkway to the City of Temecula; 15.2 Authorize the City Engineer and the office of the City Attorney to revise the Quitclaim Deed and Conveyance Documents, the forms of which are attached as Exhibits "B" and "C" to the Rancho Temecula Auto Park Association Agreement, and to prepare any additional Quitclaim Deeds and Conveyance Documents that are necessary to ensure that the conveyances intended by this Agreement are completed and satisfactory to the title company for issuance of a policy of title insurance in favor of the City; 15.3 Approve the Motor Car Parkway Improvement Agreement with Abbott Cardiovascular Systems, Inc. (ACS), in substantially the form attached, to construct Motor Car Parkway to City standards and facilitate acceptance of said improvements into the City's street maintenance program. 5 16 Second Amendment to Agreement for Landscape Plan Check and Inspection Services for fiscal year 2010-11 RECOMMENDATION: 16.1 Approve a Second Amendment to the agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2010-11 in the amount of $25,000 for a total agreement of $120,000. 17 Resolution Adopting fiscal year 2011-12 Solid Waste Rates RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2011-12 18 City Council request to the U.S. Department of Housing and Urban Development (HUD) to designate the City of Temecula as an entitlement City for the Community Development Block Grant (CDBG) Program RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO REQUEST THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DESIGNATE THE CITY OF TEMECULA AS AN ENTITLEMENT CITY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ****************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-03 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 19 Action Minutes RECOMMENDATION: 19.1 Approve the action minutes of May 24, 2011. 20 Agreement with Environmental Cleaning Solutions & Facility Management, LLC for Park Restroom and Picnic Shelter Janitorial Services for fiscal year 2011-12 RECOMMENDATION: 20.1 Approve an Agreement with Environmental Cleaning Solutions & Facility Management, LLC. for Janitorial Services in the amount of $83,180 for fiscal year 2011-12. 21 First Amendment with Excel Landscape, Inc. for Landscape Maintenance Services for fiscal year 2011-12 RECOMMENDATION: 21.1 Approve the First Amendment with Excel Landscape, Inc. to allow for the addition of the Winchester Road Median Island landscaping in the amount of $26,400 for a total contract amount of $2,147,624 for fiscal year 2011-12; 7 21.2 Authorize the annual expenditure of $2,147,624 for landscape maintenance services, and approve a 10% contingency for extra work items in the amount of $214,762.40. 22 Amendments to Annual Agreements for various services required by the Community Services Department Maintenance Division for fiscal year 2011-12 RECOMMENDATION: 22.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-12 for routine maintenance and emergency services for various Maintenance Division needs. General Maintenance Contractor Services: Del Rio Enterprise, Inc. $100,000 Craftsmen Plumbing Heating & Cooling, Inc. $100,000 J.M. Justus Fence Company $100,000 Moore Fence Company, Inc. $100,000 Witcher Electric $ 75,000 Strong's Painting $ 50,000 Imperial Paving Company, Inc. $ 50,000 NPG, Inc. $ 50,000 Tiger Equipment Company, Inc. $ 35,000 T.D. Grogan Construction, Inc. $ 35,000 Power Distributors, Inc. $ 35,000 Musco Sports Lighting, LLC $ 35,000 23 Civic Center Conference Center and Harveston Center User Fees RECOMMENDATION: 23.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING THE CIVIC CENTER CONFERENCE CENTER SCHEDULE OF USER FEES 23.2 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING THE HARVESTON CENTER SCHEDULE OF USER FEES 8 24 Adoption of a Resolution to Adopt a Mitigated Negative Declaration for the Old Town Gymnasium, Project No. PW07-05, and Approval of the Plans and Specifications, and Authorization to Solicit Construction Bids for Phase 1 of the Old Town Gymnasium, Project No. PW07-05 RECOMMENDATION: 24.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE OLD TOWN GYMNASIUM GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PUJOL STREET AND FIRST STREET (APN 922100035 / LR09-0016) 24.2 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for phase 1 of the Old Town Gymnasium, Project No. PW07-05. CSD PUBLIC HEARING Any person may submit written comments to the Community Services District before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the 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 delivered to the City Clerk at, or prior to, the public hearing. 25 Adoption of the FY 2011-12 Annual Operating Budget RECOMMENDATION: 25.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2011-12 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 9 26 Temecula Community Services District Proposed Rates and Charges for fiscal year 2011-12 RECOMMENDATION: 26.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2011-2012 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, June 28, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 10 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-07 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 27 Action Minutes RECOMMENDATION: 27.1 Approve the action minutes of May 24, 2011. 28 Annual Contracts for Keyser Marston Associates, Inc. for Real Estate Economic Consulting and Affordable Housing Consulting Services for fiscal year 2011-12 RECOMMENDATION: 28.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $35,000 to provide as -needed Real Estate Economic Consulting Services for fiscal year 2011-12; 28.2 Approve an agreement with Keyser Marston, Inc. in the amount of $75,000 to provide as -needed Affordable Housing Consulting Services for fiscal year 2011- 12. 11 RDA BUSINESS 29 Adoption of the FY 2011-12 Annual Operating Budget RECOMMENDATION: 29.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. RDA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2011-12 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 30 Adoption of the FY 2012-2016 Capital Improvement Program Budget for the Redevelopment Agency (RDA) RECOMMENDATION: 30.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. RDA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2012-16 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2011-12 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, June 28, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 12 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 11-01 Resolution: No. TPFA 11-04 CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts TPFA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. TPFA CONSENT CALENDAR 31 Action Minutes RECOMMENDATION: 31.1 Approve the action minutes of April 5, 2011. 32 Community Facilities District No. 2003-02 (Roripauqh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: 32.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) 13 TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT 14 TEMECULA HOUSING AUTHORITY MEETING — no meeting 15 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 33 Adoption of the FY 2011-12 Annual Operating Budget RECOMMENDATION: 33.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2011-12 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 33.2 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 33.3 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2011-12 34 Adoption of the FY 2012-2016 Capital Improvement Program Budget RECOMMENDATION: 34.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2012-16 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2011-12 16 35 Random selection of one Council Member to participate in the possible acquisition and development of the Welty Hotel property (42100 Main Street) as authorized by Section 18708 of the Fair Political Practices Commission's Regulation Due to Potential Conflicts of Interest RECOMMENDATION: 35.1 Randomly select one Council Member to participate in the possible acquisition and development of the Welty Hotel property and adjoining property by the Council and RDA to achieve a quorum following the procedures of Section 18708 of the Fair Political Practices Commission Regulation. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, June 28, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.citvoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.citvoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 17 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 24, 2011 — 7:00 PM 6:00 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding three parcels of real property in the City of Temecula: (1) 42221 Main Street (APN 922-053-038) owned by Jong C. Han; (2) 42100 Main Street (APNs 922-045-020, 922-045-013, 922-045-014 and 922-045-015) owned by Parker Family Enterprises; and (3) 42045 Third Street (APN 922-045-016) owned by Trust of John B. Kilgore. Negotiating parties are Bob Johnson and Patrick Richardson on behalf of the City of Temecula and the Redevelopment Agency of the City of Temecula and the owners of the designated parcels Jong C. Han, Parker Family Enterprises and Trust of John B. Kilgore. Under negotiation are price and the terms of the City and Agency's purchase of the parcels of real property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the lease of the Harveston Welcome Center consisting of approximately .80 acre of a 2.45 acre parcel of real property located at 40135 Village Road, Temecula (a portion of APN 916-560-006). Negotiating parties are Herman Parker, Director of Community Services, on behalf of the City of Temecula and the Temecula Community Services District and the owner of the property LSK, LLC. Under negotiation are price and the terms of the City/TCSD's lease of the property. 3) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to two matters of pending litigation to which the City is a party. The title of the litigation is City of Temecula v. Pechanga Band of Luiseno Indians, United States District Court Case No. CV10-07378 DSF(VBK), Central District of California and City of Temecula v. Pechanga Band of Luiseho Indians, Riverside Superior Court Case No. RIC10019644. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:06 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. Action Minutes1052411 1 CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: PUBLIC COMMENTS Chuck Rear addressed the C CITY COUNCIL REPORTS CONSENT CALENDAR Mayor Ron Roberts Susan Miyamoto Pastor John Wells of Mountain View Community Church Council Member Edwards Comerchero, Edwards, Naggar, Washington, Roberts ity Council. 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of May 10, 2011. 3 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes\052411 2 4 Financial Statements for the Nine Months Ended March 31, 2011 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2011; 4.2 Approve an appropriation of $130,000 in the City Attorney line item budget for legal services. 5 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Community Recreation Center (CRC) Energy Management and Retrofit Project - FY 2011-12, Project No. PW11-05 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center (CRC) Energy Management and Retrofit Project — FY 2011-12, Project No. PW11-05. 6 Acceptance of Improvements and Notice of Completion for the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW09-09 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Accept the construction of the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09-09, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 7 Resolution of Support for Senate Bill 264 (Correa) Recreational Activities: Skateboard Parks (at the request of Mayor Roberts) - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: Action Minutes\052411 3 7.1 Adopt a resolution entitled: RESOLUTION NO. 11-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT SENATE BILL 264 (CORREA) WHICH WILL EXTEND QUALIFIED IMMUNITY TO LOCAL PUBLIC AGENCIES THAT OPERATE PUBLIC SKATEBOARDING PARKS INDEFINITELY, PROVIDED THAT THEY MEET CERTAIN REQUIREMENTS At 7:10 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:25 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 18 An Interim Urgency Ordinance for a Citywide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beverages for off sale consumption (LR11- 0007) - Approved Staff Recommendation (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 18.1 Adopt an Interim Urgency ordinance entitled: URGENCY ORDINANCE NO. 11-02 AN INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA Director of Planning and Redevelopment Richardson presented the staff report (as per agenda material). Ronald Talmo, attorney for Stop Quick Mini Mart, addressed the City Council. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With regard to Item No. 1 of the Closed Session items, City Attorney Thorson advised that the City Council gave direction to staff and noted that any final action on the purchase of that property will be discussed by the City Council in open session. Action Minutes1052411 4 As to Item Nos. 2 and 3, Mr. Thorson noted that City Council gave direction to staff and that there were no reportable actions with regard to the two litigation matters or the real property matter. ADJOURNMENT At 7:31 P.M. on Tuesday, May 24, 2011, the City Council meeting was formally adjourned to Wednesday, May 25, 2011, at 10:00 A.M. for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes\052411 5 ACTION MINUTES TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING BUDGET WORKSHOP CIVIC CENTER — CONFERENCE CENTER 41000 MAIN STREET MAY 25, 2011 — 10:00 AM CALL TO ORDER: Mayor Ron Roberts FLAG SALUTE: Council Member Naggar ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PUBLIC COMMENTS CITY COUNCIL REPORTS Convene a Joint Meeting of the City Council/Community Services District/Redevelopment Agency. *** CITY COUNCIL/TCSD/RDA BUSINESS 1 Review of the Proposed FY 2011-12 Preliminary Annual Operating Budget — reviewed and discussed RECOMMENDATION: 1.1 Review and discuss the proposed fiscal year 2011-12 Preliminary Annual Operating Budget, and provide direction to staff as appropriate. 2 Review of the Proposed fiscal years 2012-2016 Capital Improvement Program — reviewed and discussed RECOMMENDATION: 2.1 Review and discuss the proposed fiscal years 2012-2016 Capital Improvement Program (CI P) and provide direction to staff as appropriate. 1 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 11:30 A.M., the City Council meeting was formally adjourned to Tuesday, June 14, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 2 Ron Roberts, Mayor Item No. 3 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 14, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 11- 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 HEREBY RESOLVE 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, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,010,133.17. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 05/19/2011 TOTAL CHECK RUN $ 3,416,068.49 05/26/2011 TOTAL CHECK RUN 756,807.21 06/02/2011 TOTAL CHECK RUN 431,054.89 05/26/2011 TOTAL PAYROLL RUN: 406,202.58 TOTAL LIST OF DEMANDS FOR 06/14/2011 COUNCIL MEETING: $ 5,010,133.17 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 3,484,416.31 120 DEVELOPMENT IMPACT FUND 3,975.98 130 RECOVERY ACT JAG FUNDING 3,453.77 165 AFFORDABLE HOUSING 38,606.17 170 MEASURE A FUND 45,929.55 190 TEMECULA COMMUNITY SERVICES DISTRICT 453,877.66 192 TCSD SERVICE LEVEL B 150.82 194 TCSD SERVICE LEVEL D 598.88 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 12,184.28 197 TEMECULA LIBRARY FUND 4,310.32 210 CAPITAL IMPROVEMENT PROJECTS FUND 344,326.81 280 REDEVELOPMENT AGENCY - CIP PROJECT 17,185.47 300 INSURANCE FUND 23,141.34 320 INFORMATION TECHNOLOGY 51,566.32 330 SUPPORT SERVICES 16,003.77 340 FACILITIES 26,337.98 477 CFD- RORIPAUGH 3,013.94 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,742.10 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,634.62 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,867.88 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 283.92 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,111.09 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,070.82 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 925.46 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 8,090.72 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 102.53 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 408.24 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 88.06 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 5,613.95 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,101.37 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 846.65 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 482.26 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,594.09 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 83.07 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,953.82 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,026.74 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 8,450.37 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 10,708.39 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 168.26 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 256.95 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 10,203.68 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,134.30 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 93.32 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 585.27 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 8,054.06 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 169.23 $ 4,603,930.59 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 238,011.82 165 AFFORDABLE HOUSING 10,794.14 190 TEMECULA COMMUNITY SERVICES DISTRICT 108,139.99 192 TCSD SERVICE LEVEL B 142.36 194 TCSD SERVICE LEVEL D 967.74 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 983.10 197 TEMECULA LIBRARY FUND 458.26 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,449.82 300 INSURANCE FUND 1,342.82 320 INFORMATION TECHNOLOGY 21,632.21 330 SUPPORT SERVICES 5,829.89 340 FACILITIES 8,750.55 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 99.56 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 66.40 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 78.77 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 14.55 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 160.32 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 28.93 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 41.28 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 272.21 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.20 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 12.03 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.59 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 181.38 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 38.74 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 22.55 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 19.27 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 45.29 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.81 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 168.09 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 90.16 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 243.96 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 412.37 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.83 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.81 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 232.20 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 74.62 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.23 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.81 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 342.45 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 6.47 406,202.58 TOTAL BY FUND: $ 5,010,133.17 apChkLst 05/19/2011 1:34:13PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 145581 05/12/2011 003203 ARTISTIC EMBROIDERY 145582 05/12/2011 003203 ARTISTIC EMBROIDERY 145583 05/19/2011 013835 A PERFECT VIEW WINDOW & DOOR 145584 05/19/2011 013821 ABBOTT VASCULAR 145585 05/19/2011 013988 AFP INTERNATIONAL, LLC 145586 05/19/2011 013015 ALWAYS RELIABLE BACKFLOW 145587 05/19/2011 001323 ARROWHEAD WATER INC 145588 05/19/2011 002648 AUTO CLUB OF SOUTHERN CALIF 145589 05/19/2011 012365 BAAKARI FOUNDATION, THE 145590 05/19/2011 014174 BALSAVICH, MATTHEW JOSEPH 145591 05/19/2011 011007 BAR N ETT, KIRK 145592 05/19/2011 002541 BECKER CONSTRUCTION SRVS INC 145593 05/19/2011 010328 BEST IMPRESSIONS 145594 05/19/2011 004126 BROOKS, JIM 145595 05/19/2011 012878 C S OFFICE INTERIORS 145596 05/19/2011 003138 CAL MAT Description STAFF UNIFORM APRONS:CH MUSEUM Amount Paid Check Total MISC APPAREL & PROMO ITEMS:CITY HALL Res Impry Prgm: Alexander, M refund:bal of Trust acct 8500:Guidant fitness equip: wellness center backflow testing:various locations backflow repairs:various locations 3/23-4/22 BOTTLED WATER SVC:CITY 4/11-4/12 city auto memberships credit billing adj: mb 082607459 refund: security deposit 5/12/11 decorations:father/daughter event reimb: circular saw/sheet metal barrier fence repair:winchester rd promo items: mspc expo event promo items: mpsc expo event promo items: mpsc expo event entertainment: Western Days ERGONOMIC EQUIP: CITY CLERK PW patch truck materials PW patch truck materials 794.06 424.55 2,026.00 378.95 14,447.03 600.00 669.00 506.10 823.51 -25.00 500.00 332.26 552.01 9,355.00 358.40 314.01 463.00 500.00 991.21 89.18 794.06 424.55 2,026.00 378.95 14,447.03 1,269.00 506.10 798.51 500.00 332.26 552.01 9,355.00 1,135.41 500.00 991.21 166.95 256.13 Pagel apChkLst Final Check List Page: 2 05/19/2011 1:34:13PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 145597 05/19/2011 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 145598 05/19/2011 000131 CARL WARREN & COMPANY LIABILITY CLAIMS MGMT INC SVCS:FINANCE DEPT Amount Paid Check Total 56.50 56.50 2,211.37 2,211.37 145599 05/19/2011 014152 COATS, ANDREW equipment maint: Stn 84 105.00 105.00 145600 05/19/2011 014200 CONTINENTAL RESIDENTIAL refund:bal on Trust acct 10500:Tem Ln 4,847.50 4,847.50 INC 145601 05/19/2011 002631 COUNTS UNLIMITED INC traffic count svcs: PW Traffic 1,045.00 1,045.00 145602 05/19/2011 010650 CRAFTSMEN PLUMBING & plumbing repairs: Stn 73 583.03 583.03 HVAC INC 145603 05/19/2011 011950 CROSS TOWN COWBOYS, THE entertainment: Western Days 500.00 500.00 145604 05/19/2011 014195 CROSSLEY, WILLIAM P. refund:viol dismissed:prkg cite 76773 305.00 305.00 145605 05/19/2011 009831 D R HORTON AMERICA'S refund:bal on Trust acct 8000:DR Horton 23,891.00 23,891.00 BUILDER 145606 05/19/2011 003272 DAISY WHEEL RIBBON misc plotter supplies: info tech 1,728.71 1,728.71 COMPANY INC 145607 05/19/2011 003945 DIAMOND ENVIRONMENTAL sewer maint:skate park restroom 23.20 23.20 SRVCS 145608 05/19/2011 014196 DUDMAN, SHIRLEY refund:viol dismissed:prkg cite 76857 330.00 330.00 145609 05/19/2011 002390 EASTERN MUNICIPAL WATER May water meter:39569 Seraphina Rd 283.31 283.31 DIST 145610 05/19/2011 009565 EMPTY CRADLE Community Service Funding FY 10/11 1,000.00 1,000.00 145611 05/19/2011 000164 ESGIL CORPORATION APR PLAN CHECK SVCS: B&S 174.30 174.30 Page:2 apChkLst 05/19/2011 1:34:13PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 145613 05/19/2011 001056 EXCEL LANDSCAPE 145614 05/19/2011 000478 FAST SIGNS (Continued) Description landscape maint: Civic Ctr irrigation repairs: wolf creek park irrigation repairs: redhawk park irrigation repairs: various parks drain install: redhawk park Apr landscape maint: parks Apr landscape maint: north slopes irrigation repairs: RRSP landscape maint: RRSP landscape maint: town square sod install: redhawk dog park Apr landscape maint: medians Apr landscape maint: city facilities Apr landscape maint: parks Apr landscape maint: south slopes Signage: TV Museum exhibits 145615 05/19/2011 011922 FIRST AMERICAN CORELOGIC Jan database subsc: Code Enf INC 145616 05/19/2011 003347 FIRST BANKCARD CENTER 000871 HILTON 007087 LA QUINTA INN 007028 AMERICAN AIRLINES 001264 COSTCO WHOLESALE 014206 INLAND URGENT CARE 005531 FRONT STREET BAR & GRILL 145617 05/19/2011 003633 FOOTHILL EASTERN TRANSPORTN. 145618 05/19/2011 011351 GBA MASTER SERIES, INC. 145619 05/19/2011 000177 GLENNIES OFFICE PRODUCTS INC Amount Paid Check Total RR htl: SCAG reg mtg 4/6 LA RR htl: SCAG reg mtg 4/13 RR airfare: APTA Rail cf 6/12-15 Boston GY label printer: Info Tech GY copay to be reimbursed by employee GY refreshments:EMT Fire mtg 4/12 Aug -Apr toll roads usage: var depts software maint:fleet/park mgmt Office Supplies: Fire Dept Office Supplies: Info Tech Office supplies: Code Enf/Pln Office supplies: B&S OFFICE SUPPLIES: MPSC OFFICE SUPPLIES: TCSD OFFICE SUPPLIES: CRC OFFICE SUPPLIES: PW 515.20 473.55 300.44 300.00 3,000.00 50,935.88 19,749.97 423.06 530.70 188.35 1,020.00 16,469.70 8,885.54 47,825.10 34,844.87 89.72 24.00 126.00 100.75 446.80 166.51 30.00 157.68 139.00 460.00 904.09 52.15 369.61 43.34 109.69 295.92 579.29 144.56 185,462.36 89.72 24.00 1,027.74 139.00 460.00 2,498.65 Page:3 apChkLst Final Check List Page: 4 05/19/2011 1:34:13PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145620 05/19/2011 011640 GOALS refund:sec dep:Lacrosse Tourn 1,000.00 1,000.00 145621 05/19/2011 011885 GRACIANO, RUDY employee computer loan program 2,000.00 2,000.00 145622 05/19/2011 014201 GREYSTONE HOMES INC refund:bal on Trust acct 5012:Ashville 94.79 refund:bal on Trust acct 7500:Stonebrii 771.50 866.29 145623 05/19/2011 008081 HALL & FOREMAN INC Apr cnslt: library parking 4,461.18 4,461.18 145624 05/19/2011 003299 HAYES, BARNEY entertainment: Western Days 400.00 400.00 145625 05/19/2011 001013 HINDERLITER DE LLAMAS & 2nd qtr sales tax cnslt:finance 3,354.37 3,354.37 ASSOC 145626 05/19/2011 010210 HOME DEPOT SUPPLY INC, misc tools/equip: civic center 314.60 314.60 THE 145627 05/19/2011 001517 HORIZON HEALTH MAY EAP SVCS: HR 682.00 682.00 145628 05/19/2011 003624 HOWELL, ANN MARIE promotional designs: eco dev 610.50 610.50 145629 05/19/2011 004217 HYDRO TEK COMPANY EQUIP REPAIR/MAINT: PW MAINT 8,382.34 8,382.34 145630 05/19/2011 013695 INLAND EMPIRE SHRED IT 5/9 doc shred svc: Library 15.00 5/9 doc shred svc: Civic Ctr 50.00 5/9 doc shred svc: CRC 15.00 80.00 145631 05/19/2011 003266 IRON MOUNTAIN OFFSITE Apr offsite media storage:records 416.88 416.88 145632 05/19/2011 012295 JAMESON MANAGEMENT INC garage door repair: Stn 84 466.05 gate repair: parking garage 790.53 1,256.58 145633 05/19/2011 013200 JAROTH INC June pay phone:RDA:OT bus depot 82.64 82.64 145634 05/19/2011 013741 JOEY LANZA PAINTING Res Impry Prgrm: Alexander, M 1,500.00 1,500.00 145635 05/19/2011 000820 K R W & ASSOCIATES 3/25-5/5 plan ck:PW Land Dev 4,290.00 4,290.00 145636 05/19/2011 004024 KOCH HEATING & AIR Res Impry Prgm: Alexander,M 2,800.00 2,800.00 CONDITION Page:4 apChkLst Final Check List Page: 5 05/19/2011 1:34:13PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 145637 05/19/2011 009336 KOPIE SHOP LLC PROMOTIONAL ITEMS: THEATER 145638 05/19/2011 014202 LENNAR HOMES OF CALIFORNIA INC Amount Paid Check Total 470.65 470.65 refund:bal on Trust acct 5015:Prescott 2,251.08 refund:bal on Trust acct 5016:Barringtc refund:bal on Trust acct 5007:Auburn refund:bal on Trust acct 5002:Carlyle 2,127.43 3,806.81 234.52 8,419.84 145639 05/19/2011 008610 M C R STAMPS DJ srvcs: high hopes prgm 5/6 25.00 25.00 145640 05/19/2011 013686 M T I TECH PRODUCTS INC Misc computer supplies:I.T. 576.88 576.88 145641 05/19/2011 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINT 737.96 737.96 145642 05/19/2011 004141 MAINTEX INC Custodial supplies:crc/foc/civic 1,322.87 1,322.87 145643 05/19/2011 014197 MARTINEZ, DANIEL OR PEARL refund:ovrpmt:prkg cite 76766 H. 305.00 305.00 145644 05/19/2011 000944 MCCAIN TRAFFIC SUPPLY INC PURCH & INSTALL:TRAFFIC SIG SYNC 15,123.52 PH II PURCH & INSTALL: TRAFFIC SIG SY 33,792.35 48,915.87 145645 05/19/2011 014203 MERTIAGE HOMES OF CALIF. refund:bal on Trust acct 5013:Aberdeen 244.77 244.77 INC. 145646 05/19/2011 014118 MOBILE PHOTO BOOTH Photo booth:father/daughter night 864.56 864.56 145647 05/19/2011 004586 MOORE FENCE COMPANY Fence repair:harveston park 385.00 385.00 145648 05/19/2011 014193 MURPHY, AMY refund:Singing Stars 1153.102 75.00 75.00 145649 05/19/2011 000727 NATIONAL FIRE PROTECTION 5/3/11-6/30/12 mbrshp:S.Dakin 2612655 ASSN 145650 05/19/2011 014198 NICHOLAUS, PIRONE refund:viol dismissed:prkg cite 78248 145651 05/19/2011 014093 NIGHT VISION DEPOT, INC. Night vision equip:police 145652 05/19/2011 002139 NORTH COUNTY TIMES Apr advertising:spring egg hunt APR PUBLIC NOTICES: PLANNING APR ADVERTISING: TEMECULA PRE Apr advertising:western days 150.00 150.00 70.00 70.00 3,755.89 3,755.89 782.70 606.24 663.26 200.00 2,252.20 Page:5 apChkLst 05/19/2011 1:34:13PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 145653 05/19/2011 002139 NORTH COUNTY TIMES 145654 05/19/2011 002105 OLD TOWN TIRE & SERVICE (Continued) 145655 05/19/2011 001171 ORIENTAL TRADING COMPANY INC 145656 05/19/2011 002734 P V P COMMUNICATIONS INC 145657 05/19/2011 013862 PACIFIC SUNRISE BUILDERS 145658 05/19/2011 002652 PAT & OSCARS RESTAURANT 145659 05/19/2011 004538 PAULEY EQUIPMENT COMPANY 006389 PAULSON PAINTING 002331 PEP BOYS INC 005124 PHENIXTECHNOLOGY 145660 05/19/2011 145661 05/19/2011 145662 05/19/2011 145663 05/19/2011 010958 PIPS TECHNOLOGY INC 145664 05/19/2011 005075 PRUDENTIAL OVERALL SUPPLY 145665 05/19/2011 004519 PYRO SPECTACULARS INC 145666 05/19/2011 002110 RENTAL SERVICE CORPORATION Description Apr newspaper subscr:MPSC Amount Paid Check Total CITY VEHICLE MAINT SVCS:PW MAINT CITY VEHICLE MAINT SVCS:PW MAI CITY VEHICLE MAINT SVCS:PW MAI CITY VEHICLE MAINT SVCS:PW MAI CITY VEHICLE MAINT SVCS:PW MAI City Vehicle Maint Svcs: PW Traffic RECREATION SUPPLIES: PENNYPICKLES Misc equip:police motorcycle Res Impry Prgm: Diaz Res Impry Prgm: Diaz Res Impry Prgm: Diaz rfrshmnts:F/D Date Night Equip repair: park sites Res Impry Prgm: Martinez VEHICLE REPAIR & MAINT:PW MAINT Explorer Helmets: Sta 84 Equip repair & maint:police APR FLOOR MATS/TOWEL RENTALS:CIVIC CNTR Apr uniform/flr mts/twl rentals:city credit: bill adj/not per contract Deposit:4th of July fireworks display RENTAL OF TOOLS & MAINT:PW MAINT RENTAL OF TOOLS & MAINT:PW MP 145667 05/19/2011 013589 RINK SYSTEMS, INC. repair & maint rrsp hockey rink 27.30 867.70 382.46 411.84 615.87 1,268.81 187.17 80.92 766.25 895.00 2,475.00 3,837.00 900.00 72.61 2,250 00 395.52 1,100.47 1,385.00 312.64 1,040.64 -7.00 17,250 00 16.81 265.30 947.60 27.30 3,733.85 80.92 766.25 7,207.00 900.00 72.61 2,250.00 395.52 1,100.47 1,385.00 1,346.28 17,250.00 282.11 947.60 Page:6 apChkLst Final Check List Page: 7 05/19/2011 1:34:13PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145668 05/19/2011 000353 RIVERSIDE CO AUDITOR Apr '11 parking citation assessments 7,664.00 Mar '11 parking citation assessments 7,691.50 15,355.50 145669 05/19/2011 000406 RIVERSIDE CO SHERIFFS Taste of Temecula patrol srvcs 4/30 4,331.72 DEPT Reality Rally patrol srvcs 4/16 787.98 12/16/10-1/12/11:Iaw enforcement 1,434,250.75 1/13/11-2/9/11:Iaw enforcement 1,402,412.88 2,841,783.33 145670 05/19/2011 001365 RIVERSIDE COUNTY OF renew permit:TES pool 342.00 342.00 145671 05/19/2011 001097 ROADLINE PRODUCTS INC MISC MAINT SUPPLIES:PW MAINT 499.38 499.38 145672 05/19/2011 010089 SECURITAS SECURITY SRVCS Apr security srvcs:Harveston Lake Park 945.00 945.00 USA 145673 05/19/2011 000537 SO CALIF EDISON Apr 2-31-419-2659:26706 Ynez TC -1 Apr 2-29-974-7568:26953 Ynez TC -1 Apr 2-30-296-9522:31035 rncho vista Apr 2-26-887-0789:40233 VIg Rd PED Apr 2-00-397-5059:Comm Svc Utl Apr 2-28-171-2620:40820 winchester Apr 2-29-974-7899:26503 Ynez LS -3 Apr 2-31-031-2590:28301 rncho cal Apr 2-31-693-9784:36036 Ynez TC -1 145674 05/19/2011 002503 SOUTH COAST AIR QUALITY renew permit:Roripaugh Fire Stn 145675 05/19/2011 000519 SOUTH COUNTY PEST CONTROL INC 145676 05/19/2011 000293 STADIUM PIZZA INC 76.47 60.14 327.07 1,594.73 8,995.64 786.68 154.94 35.98 394.57 12,426.22 130.04 130.04 apr pest control srvcs:city fac's 641.00 Pest control services:rdhwk dog prk 4/: 94.00 Pest control services: pbsp 4/27 94.00 829.00 REFRESHMENTS:COMMUNITY EXPO 261.14 261.14 4/30 145677 05/19/2011 002015 STAR WAY PRODUCTIONS Audio equip rental:santa event 11/26 145678 05/19/2011 002366 STEAM SUPERIOR CARPET CLEANING 240.00 240.00 Carpet maint & repair: crc 285.00 cleaning srvcs: Sta 84 85.00 Carpet cleaning srvcs: foc 300.00 670.00 145679 05/19/2011 014194 SUPERIOR FIRE PROTECTION refund:permit insp fees F11-0128 1,500.00 1,500.00 145680 05/19/2011 011897 TAG/AMS INC DOT random drug testing:HR 4/21 65.00 65.00 Page:7 apChkLst Final Check List Page: 8 05/19/2011 1:34:13PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145681 05/19/2011 000305 TARGET BANK BUS CARD MISC SUPPLIES:DOG HOUSE PGRM 29.67 29.67 SRVCS 145682 05/19/2011 010191 TAYLOR, JUDY Entertainment:western days 5/22 500.00 500.00 145683 05/19/2011 012265 TEMECULA ACE HARDWARE hardware supplies:var park sites 13.74 13.74 0/0 145684 05/19/2011 010046 TEMECULA VALLEY Mar '11 Bus. Impry District Asmnts 91,918.18 91,918.18 CONVENTION & 145685 05/19/2011 009194 TEMECULA VALLEY NEWS APR ADVERTISING: TEMECULA 143.20 143.20 PRESENTS 145686 05/19/2011 004274 TEMECULA VALLEY SECURITY Locksmith services: Wnchstr Crk Prk 90.00 90.00 CENTR 145687 05/19/2011 011403 TEMECURICH LLC refund:bal on Trust acct 10000:Temecu 74.80 74.80 145688 05/19/2011 010276 TIME WARNER CABLE May high speed internet:32364 overland 44.95 May high speed internet:32211 wolf vly 102.17 147.12 145689 05/19/2011 000319 TOMARK SPORTS INC Facility repair & maint:var park sites 754.50 754.50 145690 05/19/2011 003031 TRAFFIC CONTROL SERVICE TRAFFIC CONTROL PAINT:PW MAINT 713.10 713.10 INC 145691 05/19/2011 014204 U S HOME CORPORATION refund:bal on Trust acct 6000:Stratford 10,130.91 10,130.91 145692 05/19/2011 008977 VALLEY EVENTS INC Equip rentals:spring egg hunt 4/23 105.00 Equip rentals:community expo 4/30 4,400.70 4,505.70 145693 05/19/2011 004261 VERIZON May xxx-8573 general usage 36.89 May xxx-3143 gen usage:PD ovrind ofc 42.86 May xxx-5072 general usage 1,747.11 May xxx-0682 gen usage:OT sound syi 82.11 May xxx-7562 gen usage:Irrig contrllr 39.12 May xxx-2372 gen usage:wolf crk pk irr 36.89 May xxx-5473 gen usage:Moraga Rd 36.89 May xxx-0073 general usage 90.66 2,112.53 145694 05/19/2011 004789 VERIZON ONLINE Apr Internet svcs:Civic Center May Internet svcs:Theater 275.09 134.99 410.08 145695 05/19/2011 003487 VETERANS OF FOREIGN FY 10/11 Community Service Funding 5,000.00 5,000.00 WARS 4089 Page:8 apChkLst Final Check List Page: 9 05/19/2011 1:34:13PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145696 05/19/2011 001342 WAXIE SANITARY SUPPLY INC Custodial supplies: civic center 739.50 145697 05/19/2011 014199 WEBSTER, DONNA E. refund:viol dismissed:prkg cite 76774 305.00 739.50 305.00 145698 05/19/2011 003730 WEST COAST ARBORISTS INC 3/16-31/11 tree maint srvcs:prks/medians 67.50 67.50 145699 05/19/2011 014205 WILLIAM LYON HOMES INC refund:bal on Trust acct 5011:Savannah 10,891.41 10,891.41 145700 05/19/2011 004567 WITCHER ELECTRIC Electrical repairs: old town 280.00 Rehab & repair:tms ballfield 12,200.00 12,480.00 145701 05/19/2011 000348 ZIGLER, GAIL Reimb: TIP Cinco de Mayo 129.55 129.55 Grand total for UNION BANK OF CALIFORNIA: 3,416, 068.49 Page:9 apChkLst Final Check List Page: 10 05119/2011 1:34:13PM CITY OF TEMECULA 120 checks in this report. Grand Total All Checks: 3,416,068.49 Pagel 0 apChkLst Final Check List Page: 1 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1703 05/26/2011 000389 NATIONWIDE RETIREMENT SOLUTION 1704 05/26/2011 000444 INSTATAX (EDD) 1705 05/26/2011 000283 INSTATAX (IRS) 1706 05/26/2011 001065 NATIONWIDE RETIREMENT SOLUTION 1707 05/26/2011 000246 PERS (EMPLOYEES' RETIREMENT) 1708 05/26/2011 010349 CALIF DEPT OF CHILD SUPPORT 145702 05/26/2011 002539 3C MA -CITY COMMUNICATION & MGMT 145703 05/26/2011 001104 AR MA 145704 05/26/2011 013367 ACTIVE MICRO INC 145705 05/26/2011 010851 ADAMIAK, DAWN 145706 05/26/2011 009374 ALLEGRO MUSICAL VENTURES 145707 05/26/2011 012943 ALPHA MECHANICAL SERVICE INC 145708 05/26/2011 004240 AMERICAN FORENSIC NURSES (AFN) 145709 05/26/2011 000747 AMERICAN PLANNING ASSOCIATION 145710 05/26/2011 011438 BAKER, BLYTHE EDEN 145711 05/26/2011 004205 BALLET FOLKLORICO 145712 05/26/2011 004040 BIG FOOT GRAPHICS Description Amount Paid Check Total OBRA- Project Retirement Payment State Disability Ins Payment Federal Income Taxes Payment Nationwide Retirement Payment PERS ER Paid Member Contr Payment Support Payment 11/12 3CMA mb: Damko, Christine 11/12 ARMA mb: Flores, Gwyn MISC TOOLS/EQUIP: PW TRAFFIC reimb:prizes for Parks Make Life Better reimb:cake father/daughter ngt 5/20 piano tuning: theater HVAC repair/maint: CRC HVAC repair & maint:library DUI & drug screenings: Police DUI & drug screenings: Police 7/11-6/12 APA mb: Peters, Matt TCSD Instructor Eamings TCSD Instructor Eamings TCSD instructor earnings 3,062.86 22,485.68 78,246.45 11,616.23 124,006.68 738.45 375.00 220.00 47.57 115.28 101.96 170.00 160.00 120.00 287.56 388.64 345.00 570.00 227.50 588.00 3,062.86 22,485.68 78,246.45 11,616.23 124,006.68 738.45 375.00 220.00 47.57 217.24 170.00 280.00 676.20 345.00 570.00 227.50 588.00 Pagel apChkLst Final Check List Page: 2 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145713 05/26/2011 004262 BIO-TOX LABORATORIES Description Amount Paid Check Total DUI & drug screenings: Police 529.35 DUI & drug screenings: Police 145714 05/26/2011 005716 BIRTH CHOICE OF TEMECULA refund:sec dep:picnic rental:RRSP INC 145715 05/26/2011 008605 BONTERRA CONSULTING 145716 05/26/2011 002208 BUSINESS PRESS, THE 145717 05/26/2011 003138 CAL MAT 2/11-4/8 CNSLT: RRSP DESILTING BASIN Business Press subsr 1 yr:Adams, A PW patch truck materials PW patch truck materials 1,937.40 2,466.75 150.00 150.00 999.35 999.35 39.00 39.00 401.59 774.45 1,176.04 145718 05/26/2011 000647 CALIF DEPT OF CONSUMER prof license 56901:Salazar, Jon 125.00 125.00 AFFAIRS 145719 05/26/2011 010939 CALIF DEPT OF INDUSTRIAL elevator 157048 insp: parking garage 225.00 225.00 145720 05/26/2011 001159 CALIF DEPT OF JUSTICE Apr fingerprinting svcs: HR/PD 4,053.00 4,053.00 145721 05/26/2011 000398 CALIF MUNI TREASURERS 11/12 mbrship: Roberts, Genie 155.00 155.00 ASSN 145722 05/26/2011 004971 CANON FINANCIAL SERVICES, May copier leases: Library 2,836.52 2,836.52 INC 145723 05/26/2011 014218 CARTER, MAGGIE refund:sec dep:picnic rental:RRSP 150.00 150.00 145724 05/26/2011 009640 CERTIFION CORPORATION Apr database subscr: police 150.00 150.00 145725 05/26/2011 000137 CHEVRON AND TEXACO City vehicles fuel: Police 2,167.01 2,167.01 145726 05/26/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 145727 05/26/2011 002945 CONSOLIDATED ELECTRICAL electrical supplies: citywide 100.05 100.05 DIST. 145728 05/26/2011 001264 COSTCO WHOLESALE MISC SUPPLIES:LEAGUE OF CITIES 361.89 361.89 5/9 145729 05/26/2011 004329 COSTCO WHOLESALE CORP misc supplies: Fire Prevention 109.01 109.01 Page2 apChkLst Final Check List 05/26/2011 11:58:33AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 145730 05/26/2011 013379 COUSSOU, CELINE 145731 05/26/2011 010650 CRAFTSMEN PLUMBING & HVAC INC 145732 05/26/2011 005324 CROSSROADS CHURCH 145733 05/26/2011 008810 CROSSTOWN ELECTRICAL & DATA 145734 05/26/2011 013874 D D OFFICE PRODUCTS, INC 145735 05/26/2011 010054 DANCE MAGAZINE, INC. 145736 05/26/2011 014191 DANIELS, BRITTANY RENEE 145737 05/26/2011 001393 DATA TICKET, INC. 145738 05/26/2011 007057 DERN BACH, ESTHER MARIE 145739 05/26/2011 003945 DIAMOND ENVIRONMENTAL SRVCS 145740 05/26/2011 004222 DIAMONDBACK FIRE & RESCUE, INC 145741 05/26/2011 010634 DIEGO DEV 145742 05/26/2011 013801 DONOVAN, II, RICHARD A 145743 05/26/2011 004192 DOWNS COMMERCIAL FUELING INC (Continued) Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings plumbing svcs: Stn 73 AC sound box: Front © 5th St plumbing repair: Fld Op Ctr bench repair: old town plumbing svc: children's museum refund:sec dep & picnic rental:RRSP EQUIP REPAIR/MAINT: PW TRAFFIC copier paper: civic center subscription: 1 yr Dance Magazine Innerstate Dance Scholarship Apr citation processing: police TCSD instructor earnings TCSD instructor earnings PORTABLE RESTROOMS:BLUEGRASS FEST extrication equip maint: Stn 92 extrication equip maint: Stn 84 CFD 88-12 reimb:APN 921730064 Theater performance:9/21-10/27 Fuel for City vehicles: B&S Fuel for City vehicles: Police Fuel for City vehicles: Code Enf/Pln Fuel for City vehicles: PW Id/npdes/cip Fuel for City vehicles: TCSD Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Maint 168.00 98.00 147.00 225.00 320.00 449.53 1,850.00 9,150.00 225.00 3,778.00 277.31 64.90 300.00 1,419.30 840.00 682.50 713.13 505.29 566.38 11,858.78 1,500.00 535.86 77.18 561.68 248.27 2,452.63 89.82 440.56 1,819.14 413.00 11,994.53 225.00 3,778.00 277.31 64.90 300.00 1,419.30 1,522.50 713.13 1,071.67 11,858.78 1,500.00 6,225.14 Pages apChkLst Final Check List Page: 4 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145744 05/26/2011 011202 EMH SPORTS & FITNESS TCSD instructor earnings 819.00 INSTITUTE TCSD instructor earnings 336.00 1,155.00 145745 05/26/2011 013430 ENERSPECT MEDICAL AED Supplies: Paramedics 2,288.35 2,288.35 SOLUTIONS 145746 05/26/2011 011203 ENVIRONMENTAL CLEANING May janitorial svc:park restrooms 5,315.00 5,315.00 145747 05/26/2011 014219 EVANS, JOANNE refund:bal. on acct:Comm Svcs 52.50 52.50 145748 05/26/2011 000165 FEDERAL EXPRESS INC 4/20-5/6 city express mail services 398.94 398.94 145749 05/26/2011 003347 FIRST BANKCARD CENTER 001937 GALLS INC RJ misc supplies: Code Enf 28.72 001937 GALLS INC RJ misc supplies: Code Enf 93.59 013851 STORM SOURCE, LLC RJ appointments plus: Info Tech 20.00 007282 AMAZON.COM, INC RJ misc office equip: Planning 33.56 000418 RIVERSIDE CO CLERK & RJ records copies: RDA 16.00 RECORDER 014214 NEWEGG.COM RJ 8gb flash drive: Planning 87.36 013353 AMERICASPRINTER.COM AA Summerfest rack cards: Econ Dev 316.16 009214 CROWN INDUSTRIES INC GB brass wall plate: civic ctr 26.32 014215 PENCO GRAPHIC SUPPLY, INC. GB misc supplies: Civic Ctr 89.70 009214 CROWN INDUSTRIES INC GB brass wall plate: Civic Ctr 20.32 014216 JCPENNEY.COM GB cabinet: Civic Ctr 62.31 794.04 145750 05/26/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 241.22 241.22 145751 05/26/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 145752 05/26/2011 008016 G & M CUSTOM UPHOLSTERY upholstery repair: PD motorcycle 100.00 100.00 145753 05/26/2011 010326 G E MOBILE WATER, INC May washer maint: Stn 73 57.00 May washer rental: Stn 73 26.10 83.10 145754 05/26/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 5/14 sttlmnt: Country at the Merc 5/7 542.10 414.00 956.10 Page4 apChkLst Final Check List Page: 5 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145755 05/26/2011 013076 GAUDET, YVONNE M. TCSD instructor earnings 145756 05/26/2011 014220 GEORGE, KEVIN ERNEST refund:credit:feld rental:TVM Gazebo 145757 05/26/2011 000177 GLENN IES OFFICE PRODUCTS Office Supplies: Econ Dev INC 145758 05/26/2011 003792 GRAINGER credit: returned batteries MISC SUPPLIES: THEATER misc maint supplies: Ch Museum equip repair: Ch Museum rotary pump: Ch Museum 831.60 831.60 36.00 36.00 303.35 303.35 -185.49 150.73 350.39 170.30 178.86 664.79 145759 05/26/2011 004188 HARRIS & ASSOCIATES Apr pavement rehab: citywide 56,162.80 56,162.80 145760 05/26/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 819.00 819.00 145761 05/26/2011 004811 HEWLETT PACKARD HP Procurve Switches: Info Tech 4,533.31 4,533.31 145762 05/26/2011 014221 HINES, BRIAN refund:sec dep & rental:CRC 397.00 397.00 145763 05/26/2011 003624 HOWELL, ANN MARIE promotional designs:eco dev 2,295.00 2,295.00 145764 05/26/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,260.38 5,260.38 303355 145765 05/26/2011 004833 IMPERIAL PAVING COMPANY ASPHALT R&R:MARG/TEMECULA 45,929.55 45,929.55 INC PKWY 145766 05/26/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK PURCHASE: LIBRARY INC 145767 05/26/2011 012342 INLAND CUTTER SERVICE INC equip repair/maint: central svcs 145768 05/26/2011 013695 INLAND EMPIRE SHRED IT 5/9 doc shred svc: PD sub stn 145769 05/26/2011 006914 INNOVATIVE DOCUMENT SOLUTIONS 13.64 13.64 550.00 550.00 15.00 5/9 doc shred svc: PD mall office 15.00 30.00 Apr copier maint/usage:library 1,235.95 office equip: central svcs 1,182.11 Apr copier maint/usage:citywide 6,239.35 8,657.41 145770 05/26/2011 003296 INTL CODE COUNCIL publications: B&S 173.95 173.95 Pages apChkLst Final Check List Page: 6 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145771 05/26/2011 004179 INTL E -Z UP, INC canopies: children's museum 2,036.64 2,036.64 145772 05/26/2011 012295 JAMESON MANAGEMENT INC Garage Door Repair: Stn 73 201.00 201.00 145773 05/26/2011 013200 JAROTH INC Jun pay phones:duck pond,Library,CRC 212.64 212.64 145774 05/26/2011 014147 KAD PAVING COMPANY May pavement rehab:nicholas rd 168,856.43 168,85643 145775 05/26/2011 009336 KOPIE SHOP LLC PROMO ITEMS: THEATER 355.61 355.61 145776 05/26/2011 011910 L H ENGINEERING COMPANY May const:OT street improvements 10,000.00 10,000.00 INC 145777 05/26/2011 013797 LA JOLLA BOOKING AGENCY sttlmnt:Don't Stop Believin' May' 11 1,491.00 1,491.00 145778 05/26/2011 004412 LEANDER, KERRY D. 145779 05/26/2011 004087 LOWES INC 145780 05/26/2011 004701 MANISCALCO, JOSEPH J. 145781 05/26/2011 011179 MC MILLIN REDHAWK LLC TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings refrigerator:old town police sub -stn CFD 88-12 reimb: FY 07/08 TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 145782 05/26/2011 014222 MEYNCKE, MARGARET refund:That Darn Cat Bk 145783 05/26/2011 012264 MIRANDA, JULIO C. 145784 05/26/2011 014223 MUNOZ, STEPHANIE 145785 05/26/2011 013319 NEW TANGRAM LLC 145786 05/26/2011 012101 NEW VISION CHILDREN'S SERVICES 1,554.00 630.00 441.00 409.50 3,034.50 1,369.27 1,369.27 203.16 203.16 630.00 385.00 224.00 19.99 1,239.00 19.99 TCSD Instructor Eamings 787.50 TCSD Instructor Eamings 378.00 TCSD Instructor Eamings 157.50 1,323.00 refund:sec dep & rental:CRC 395.00 395.00 FURNITURE & INSTALL:CIVIC 83.52 CENTER— FURNITURE & INSTALL:CIVIC CENTER— 1,632.95 1,716.47 refund:sec dep:Conference Ctr 100.00 100.00 Pages apChkLst Final Check List Page: 7 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145787 05/26/2011 014217 NIOTTA INC. refund:appl w/d:PA11-0131 100.00 100.00 145788 05/26/2011 003964 OFFICE DEPOT BUSINESS SVS misc ofc supplies:PD old town ofc 262.89 DIV printing svcs:bus cards:PD 101.96 misc ofc supplies:PD old town ofc 1546 misc office supplies: Central Svcs 89.70 printing svcs:central svcs div 129.98 misc ofc supplies:PD mall ofc 55.57 bus card scanner:Economic Dev 173.99 829.55 145789 05/26/2011 002105 OLD TOWN TIRE & SERVICE Veh repair & maint:csd 509.23 509.23 145790 05/26/2011 002105 OLD TOWN TIRE & SERVICE Veh repair & maint: code enforcement 92.52 92.52 145791 05/26/2011 001171 ORIENTAL TRADING COMPANY MISC SUPPLIES: TCSD REC 123.88 123.88 INC 145792 05/26/2011 013198 ORTENZO-HAYES, KRISTINE TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 145793 05/26/2011 012833 PC MALL GOV, INC. misc computer supplies:info tech host unit: info tech 145794 05/26/2011 010320 PETCO ANIMAL SUPPLIES INC Police K-9 Food & Supplies:police Police K-9 Food & Supplies:police 616.00 269.50 308.00 616.00 660.80 536.90 3,007.20 249.04 1,892.25 2,141.29 222.89 108.72 331.61 145795 05/26/2011 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Eamings 352.80 TCSD Instructor Eamings 403.20 756.00 145796 05/26/2011 000249 PETTY CASH Petty Cash Reimbursement 466.14 466.14 145797 05/26/2011 001999 PITNEY BOWES postage meter: Fire Stn 84 93.80 93.80 145798 05/26/2011 012818 PLANETBIDS INC software:planetbids pw module 4,339.73 4,339.73 145799 05/26/2011 013602 PRES INVESTMENT LLC refund:eng grad dep:PM 33421,28473 995.00 995.00 145800 05/26/2011 011618 QUEST TECHNOLOGIES INC NOISE DECIBEL READER:CODE 477.81 477.81 ENFORCE Page:7 apChkLst Final Check List Page: 8 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 145801 05/26/2011 014148 RABENA, FRANK, R. 145802 05/26/2011 000262 RANCHO CALIF WATER DISTRICT 145803 05/26/2011 000947 RANCHO REPROGRAPHICS 145804 05/26/2011 000907 RANCHO TEMECULA CAR WASH 145805 05/26/2011 009725 RAZAVI, MANDIS 145806 05/26/2011 004584 REGENCY LIGHTING 145807 05/26/2011 004498 REPUBLIC INTELLIGENT 145808 05/26/2011 000406 RIVERSIDE CO SHERIFFS DEPT 145809 05/26/2011 000815 ROWLEY, CATHY 145810 05/26/2011 002226 RUSSO, MARY ANNE 145811 05/26/2011 013827 RYAN MONTELEONE EXCAVATION INC 145812 05/26/2011 008214 SALAZAR, RICHARD A. 145813 05/26/2011 008529 SHERIFFS CIVIL DIV - CENTRAL (Continued) Description Amount Paid Check Total entertainer:mother's day tea:mpsc Apr D.C. water meter:30650 Pauba rd Apr water meters:30650 Pauba rd May water meter:30875 mcho vista May var water meters:TCSD & PW May water meters:TCSD svc lev C Apr var water meters:41951 Moraga rd Apr var water meters:Calle Elenita reprographic svc:butterfield ext ph I car wash svcs:police CAP city veh maint: B&S Dept Reimb:High Hopes Prgm supplies TCSD Instructor Eamings TCSD Instructor Eamings electrical supplies: Ch Museum electrical supplies: CRC traffic signal repair & maint:PW traffic signal repair & maint:PW traffic signal repair & maint:PW Mar '11 booking fees credit:billing adj/Mar' 11 booking fees TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings street maint:santiago lot/vallejo CFD 88-12 reimb: FY07/08 SUPPORT PAYMENT 300.00 16.67 345.43 465.38 1,724.58 25,870.86 503.34 53.63 25.12 20.00 115.50 281.22 823.20 750.40 120.58 686.10 1,322.88 5,952.96 661.44 4,377.03 -32.91 420.00 210.00 420.00 245.00 245.00 490.00 476.00 924.00 4,700.00 203.16 300.00 28,979.89 25.12 135.50 1,854.82 806.68 7,937.28 4,344.12 2,030.00 1,400.00 4,700.00 203.16 200.00 200.00 Pages apChkLst Final Check List 05/26/2011 11:58:33AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 145814 05/26/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 145815 05/26/2011 009213 SHERRY BERRY MUSIC 145816 05/26/2011 000537 SO CALIF EDISON 145817 05/26/2011 001212 SO CALIF GAS COMPANY 145818 05/26/2011 013790 STANDARD PACIFIC 145819 05/26/2011 013564 TARGET CORPORATION 145820 05/26/2011 005318 TEMECULA PLAY & LEARN SCHOOL 145821 05/26/2011 000876 TEMECULA VALLEY BALLOON & WINE 145822 05/26/2011 000311 TEMECULA VALLEY HIGH SCHOOL 145823 05/26/2011 010276 TIME WARNER CABLE 145824 05/26/2011 004145 TW TELECOM 145825 05/26/2011 000325 UNITED WAY 145826 05/26/2011 004261 VERIZON 145827 05/26/2011 004789 VERIZON ONLINE (Continued) Description Amount Paid Check Total SUPPORT PAYMENT Jazz © the Merc 5/19/11 Jazz © the Merc 5/12/11 Apr 2-30-099-3847:29721 Ryecrest Apr 2-27-560-0625:32380 Deerhollow May 2-31-282-0665:27407 Diaz PED May 2-29-657-2787:41638 Winchester May 2-21-981-4720:30153 Tem pkwy tpp Apr 2-28-331-4847:32805 Pauba LS3 May 2-28-904-7706:32329 Ovedand May 2-14-204-1615:30027 front st rdio May 015-575-0195-2:Fire Stn #92 May 055-475-6169-5:P BSP refund:DIF credits:B11-0157,58,59 refund:eng grad dep:29676 mcho cal refund:sec dep:picnic rental:Pala com pk FY10/11 Sponsorship Pmt TVHS Band's Spring Concert 5/18/11 Jun high speed intemet:41845 6th St Jun high speed intemet:Civic Center May high speed internet:Library Apr -May City phones general usage United Way Charities Payment May xxx-3564 general usage May xxx-5275 gen usage:Tem PD DSL May xxx-6084 general usage May xxx-0714 gen usage:PD mall alarm May xxx-0074 general usage 5/13-6/12 Internet svcs:Tem PD DSL 5/13-6/12 Internet svcs:Library 100.00 505.00 488.60 21.11 2,810.53 21.70 21.11 34.10 119.31 148.64 32.46 137.99 144.87 3,975.98 995.00 150.00 26,775.00 432.80 44.95 4,232.27 523.19 15,011.99 63.00 36.89 38.06 35.61 68.33 213.12 49.99 100.00 993.60 3,208.96 282.86 3,975.98 995.00 150.00 26,775.00 432.80 4,800.41 15,011.99 63.00 392.01 174.99 224.98 Page9 apChkLst Final Check List Page: 10 05/26/2011 11:58:33AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145828 05/26/2011 010193 WOOLSTENHULME, LUCIA 145829 05/26/2011 000348 ZIGLER, GAIL Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings 48.00 42.00 90.00 Reimb:rfrshmnts-Calif. League mtg 5/9 350.00 Reimb:Team PACE supplies 572.81 922.81 Grand total for UNION BANK OF CALIFORNIA: 756,807.21 Page:10 apChkLst Final Check List Page: 11 05/26/2011 11:58:33AM CITY OF TEMECULA 134 checks in this report. Grand Total All Checks. 756,807.21 Pagel 1 apChkLst Final Check List 06/02/2011 10:56:59AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 145830 06/02/2011 008552 ADKINS DESIGN CONSULTING TEMECULA PRESENTS FINAL:THEATER 145831 06/02/2011 006915 ALLIES PARTY EQUIPMENT equip rental:league ca cities mtg 145832 06/02/2011 012943 ALPHA MECHANICAL SERVICE HVAC maint: TCC INC 145833 06/02/2011 004422 AMERICAN BATTERY CORPORATION HVAC maint: TCC equip batteries: Stn 84 145834 06/02/2011 004240 AMERICAN FORENSIC NURSES Jun Stand By Fee: Police (AFN) 145835 06/02/2011 003520 AMERICAN SOCIETY OF COMPOSERS 145836 06/02/2011 002187 ANIMAL FRIENDS OF THE VALLEYS 145837 06/02/2011 012951 APPLIED DEVELOPMENT ECONOMICS 145838 06/02/2011 013950 AQUA CHILL OF SAN DIEGO 145839 06/02/2011 011954 BAKER & TAYLOR INC 145840 06/02/2011 004040 BIG FOOT GRAPHICS 145841 06/02/2011 012583 BLANCA Y PRICE 145842 06/02/2011 009437 BRENNER FIELDER & ASSOC, INC 145843 06/02/2011 006908 C C & COMPANY INC 145844 06/02/2011 003138 CAL MAT ASCAP music license:old town Apr animal sheltering services Apr animal control services Apr cnslt svc: quality of life plan Jun drinking water sys:civic ctr (55) BOOK PURCHASE: LIBRARY competition shirts:skate park FEES PD PA10-9214 INV# 51.1 equip repair:harveston park entertainment:summer concerts PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 145845 06/02/2011 004248 CALIF DEPT OF DUI & drug screenings: police J USTICE-ACCTING Amount Paid Check Total 3,848 90 207.55 1,558.00 80.00 65.07 1,248.00 1,462.00 10,625.00 10,000.00 559.32 150.08 1,021.61 1,200.00 960.00 1,919.25 250.00 783.21 88.74 71.07 63.62 3,848.90 207.55 1,638.00 65.07 1,248.00 1,462.00 20,625.00 559.32 150.08 1,021.61 1,200.00 960.00 1,919.25 250.00 1,006.64 1,995.00 1,995.00 Pagel apChkLst Final Check List Page: 2 06/02/2011 10:56:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145846 06/02/2011 000152 CALIF PARKS & RECREATION 9/11-8/12 CPRS mb:Pelletier, Julie 140.00 SOC 9/11-8/12 CPRS mb:Harrington,Kevin 140.00 280.00 145847 06/02/2011 011813 CALIFORNIA VETERINARY K-9 emergency vet care: Rudy 456.79 456.79 SPCLST 145848 06/02/2011 004228 CAMERON WELDING SUPPLY WELDING SUPPLIES: PW MAINT 69.11 69.11 145849 06/02/2011 000137 CHEVRON AND TEXACO City vehicles fuel: CM 287.11 287.11 145850 06/02/2011 000442 COMPUTER ALERT SYSTEMS alarm install: skate park 350.00 350.00 145851 06/02/2011 001264 COSTCO WHOLESALE shelving: police crime prevention 512.62 512.62 145852 06/02/2011 011027 DEL RIO ENTERPRISE INC. facility sidewalk repair: CRC 29,687.34 29,687.34 145853 06/02/2011 003945 DIAMOND ENVIRONMENTAL May restroom svc:Riverton Park 52.88 SRVCS May restroom svc:Long Cyn Park 52.88 May restroom svc:Vail Ranch Park 52.88 May restroom svc:Veterans Park 52.88 211.52 145854 06/02/2011 014149 DIXIELINE PRO BUILD ID 486/16-17002 res impv:Deming 4,386.84 4,386.84 145855 06/02/2011 014226 DRESCH, MAUREEN release of claim no. 11-725 750.00 750.00 145856 06/02/2011 011203 ENVIRONMENTAL CLEANING Feb -Jun janitorial svc:redhawk pk 940.00 940.00 145857 06/02/2011 001056 EXCEL LANDSCAPE landscape maint:butterfield stg 6,994.60 landscape maint:harveston 4,523.40 landscape repair:riverton park 2,550.00 irrigation repair:villages/vail ranch 1,280.85 landscape maint:sports park 479.40 landscape maint:sports park 337.99 IRRIGATION REPAIR:VAIL RANCH 286.14 landscape maint:rancho highlands 242.95 IRRIGATION REPAIR:VAIL RANCH 237.19 landscape maint:paloma del sol 227.09 irrigation repair:vintage hills 221.56 IRRIGATION REPAIR:VAIL RANCH 192.01 landscape maint:rancho highlands 179.61 landscape maint:redhawk park 124.21 17,877.00 Page:2 apChkLst Final Check List Page: 3 06/02/2011 10:56:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145858 06/02/2011 003347 FIRST BANKCARD CENTER 007282 AMAZON.COM, INC SJ headset: reception 361.10 001048 ROSAS CANTINA SJ lunch: Youth in Gov't 5/19 276.50 RESTAURANT 005531 FRONT STREET BAR & GRILL SJ meal: closed council mtg 4/19 220.00 014227 PIZZA FUSION SJ meal: closed council mtg 5/10 160.44 000515 TEMECULA VALLEY CHAMBER SJ state of city: Ballreich, M 40.00 OF 001264 COSTCO WHOLESALE SJ labels for label printer 19.99 014062 ID CARD GROUP SJ shipping: returned lanyards 7.69 145859 06/02/2011 014208 G & F CARRIAGES carriage rides:western days '11 2,125.00 1,085.72 2,125.00 145860 06/02/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 5/21 825.00 sttlmnt: Country at the Merc 5/28 385.50 sttlmnt: Spotlight at the Merc 5/27 220.50 1,431.00 145861 06/02/2011 014168 GOOD LIBRATIONS beverage svc:league cities mtg 655.00 655.00 145862 06/02/2011 004811 HEWLETT PACKARD computer hard drive: info tech 379.10 379.10 145863 06/02/2011 003198 HOME DEPOT, THE misc tools/equip:tcc/tvm/theater 1,199.35 1,199.35 145864 06/02/2011 000863 I P M A 11/12 IPMA mb:Yates,Lanier,Gutierrez 360.00 360.00 145865 06/02/2011 004406 IGOE & COMPANY INC May flex benefit plan pmt 205.00 205.00 145866 06/02/2011 013420 INGRAM LIBRARY SERVICES (2) BOOK PURCHASE: LIBRARY 27.41 INC (1) BOOK PURCHASE: LIBRARY 18.01 45.42 145867 06/02/2011 001407 INTER VALLEY POOL SUPPLY pool santizing chemicals:citywide 1,105.76 1,105.76 INC 145868 06/02/2011 004603 JOHNSON LIFT / HYSTER generator filter: Stn 84 76.09 76.09 145869 06/02/2011 013797 LA JOLLA BOOKING AGENCY sttlmnt: In My Life 5/28 4,218.74 4,218.74 145870 06/02/2011 007188 LAERDAL MEDICAL CORP. CPR supplies: Paramedics 735.37 735.37 Page:3 apChkLst Final Check List Page: 4 06/02/2011 10:56:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145871 06/02/2011 003726 LIFE ASSIST INC medical supplies: Paramedics 3,496.26 3,496.26 145872 06/02/2011 014228 LSK, LLC security deposit: Harveston Center 4,994.00 June '11 rent: Harveston Center 4,714.00 9,708.00 145873 06/02/2011 013982 M C I COMM SERVICE May xxx-0714 gen usage:PD mall alarm 30.81 May xxx-0346 general usage 30.07 60.88 145874 06/02/2011 008610 M C R STAMPS DJ srvcs: high hopes prgm 5/20 25.00 25.00 145875 06/02/2011 008632 M G M PLASTICS INC artifacts exhibit cases: t. museum 978.75 978.75 145876 06/02/2011 013875 MAGID GLOVE & SAFETY MFG Safety supplies:PW Maint 957.74 957.74 CO 145877 06/02/2011 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINT 56.00 56.00 145878 06/02/2011 004141 MAINTEX INC janitorial supplies:var park sites 69.99 69.99 145879 06/02/2011 004307 MARINE BIOCHEMISTS May water maint srvcs:Hary/Duck Pond 3,900.00 3,900.00 145880 06/02/2011 003444 MARTIN & CHAPMAN Election/initiative materials:city clerk 507.00 507.00 COMPANY 145881 06/02/2011 006571 MELODY'S AD WORKS INC. Reimbursements:old town mrktg 205.13 205.13 145882 06/02/2011 013004 MOBILE TRUCK SERVICE INC CITY VEH REPAIR & MAINT:PW MAINT 695.24 CITY VEH REPAIR & MAINT:PW MAII 568.90 CITY VEH REPAIR & MAINT:PW MAII 483.51 CITY VEH REPAIR & MAINT:PW MAII 37.50 1,785.15 145883 06/02/2011 013965 MONOPRICE, INC. Audio/visual supplies:infotech 419.72 419.72 145884 06/02/2011 001214 MORNINGSTAR Equip rental & srvcs:bluegrass fest 500.00 500.00 PRODUCTIONS, LLC 145885 06/02/2011 004238 MURRIETA, CITY OF Apr ads/LA Business Journal:Econ Dev 2,500.00 Ad/Apogee Publications:Econ Dev 500.00 3,000.00 145886 06/02/2011 001986 MUZAK -SOUTHERN Jun dish network programing:foc 108.66 CALIFORNIA Jun satellite music:old town 72.11 180.77 145887 06/02/2011 002925 NAPA AUTO PARTS City veh repair & maint: Medics 27.04 27.04 Page:4 apChkLst Final Check List Page: 5 06/02/2011 10:56:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 145888 06/02/2011 003707 NAT'L ASSN OF PURCHASING FY 11/12 membership dues:M.Vollmuth MGMT 145889 06/02/2011 013319 NEW TANGRAM LLC 145890 06/02/2011 006140 NORTH JEFFERSON BUSINESS Jul -Sept assn dues xx20:F.Vly Intrchg PARK Amount Paid Check Total FURNITURE & INSTALL:CIVIC CENTER 145891 06/02/2011 003964 OFFICE DEPOT BUSINESS SVS DIV 145892 06/02/2011 002105 OLD TOWN TIRE & SERVICE 145893 06/02/2011 002105 OLD TOWN TIRE & SERVICE 145894 06/02/2011 002105 OLD TOWN TIRE & SERVICE 145895 06/02/2011 005152 PACIFIC PRODUCTS &SERVICES INC 145896 06/02/2011 014183 PACIFIC SALES Jul -Sept assn dues xx16:F.Vly Intrchg Jul -Sept assn dues xx17:F.Vly Intrchg Stationery: Planning Dept. Misc office supplies:Public Works Misc office supplies: Central Services OFFICE SUPPLIES:CHILDRENS MU: City Vehicle Maint Svcs:PW Land Dev CITY VEHICLE MAINT SVCS:PW NP[ City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:B&S Hardware & sign posts:pw maint Res Impry Prgm: Deming, Joel & Rene 145897 06/02/2011 004538 PAULEY EQUIPMENT Equip repair: park sites COMPANY Equip repair: park sites 145898 06/02/2011 003663 PECHANGA BAND OF LUISENO Apr tribal monitoring:I15/79S interchg 145899 06/02/2011 010338 POOL & ELECTRICAL PRODUCTS INC 145900 06/02/2011 011751 PUAHI'S POLYNESIAN DANCERS INC 145901 06/02/2011 002072 RANCHO CALIF WATER DIST-FEES Misc pool supplies:aquatics pgrm Var pool supplies:citywide Misc pool supplies:aquatics pgrm Misc pool supplies:aquatics pgrm Fountain supplies:wolf creek park refund:bus Iic overpmt online:015146 Plan check deposit:O.T. Gym pw07-05 145902 06/02/2011 009725 RAZAVI, MANDIS TCSD Instructor Earnings 180.00 180.00 853.33 853.33 564.02 446.67 415.13 1,425.82 196.51 145.84 114.62 72.55 529.52 275.29 36.57 311.86 36.57 189.49 226.06 185.96 185.96 3,641.66 3,641.66 1,380.04 1,380.04 212.00 147.51 359.51 4,700.00 4,700.00 354.21 236.14 175.37 140.72 68.33 974.77 35.00 35.00 2,000.00 2,000.00 1,560.00 1,560.00 Page:5 apChkLst Final Check List Page: 6 06/02/2011 10:56:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145903 06/02/2011 002412 RICHARDS WATSON & Mar 2011 legal services 231,729.94 231,729.94 GERSHON 145904 06/02/2011 000357 RIVERSIDE CO Add'I deposit -pin ck:BSR Ext Beltway 2,000.00 2,000.00 TRANSPORTATION 145905 06/02/2011 009213 SHERRY BERRY MUSIC Jazz a@ the Merc 5/26/11 537.00 537.00 145906 06/02/2011 004814 SIMON WONG ENGINEERING SEP -MAR DSGN:MAIN ST 16,185.07 16,185.07 INC BRIDGE/MURR CRK 145907 06/02/2011 000537 SO CALIF EDISON 145908 06/02/2011 001212 SO CALIF GAS COMPANY 145909 06/02/2011 014042 SOLID ROCK DESIGNS 145910 06/02/2011 001505 STEFFEN, SUE 145911 06/02/2011 010493 TEMECULA TOWNE CENTER ASSOC LP May 2-32-903-8293:41000 Main St May 2-29-933-3831:43230 Bus pk dr May 2-31-526-3655:41904 Main St May 2-02-351-4946:41845 6th St May 2-18-937-3152:28314 Mercedes May 2-31-912-7494:28690 Mercedes May 2-31-536-3481:41902 Main St May 2-19-171-8568:28300 Mercedes May 2-27-371-8494:42189 Winchester May 2-20-817-9929:28410 OT frnt st May 2-29-953-8082:31523 Wolf vly rd May 2-31-031-2616:27991 Diaz PED May 2-29-953-8249:46497 Wolf crk dr May 091-024-9300-5:30875 rncho vista May 091-085-1632-0:TES Pool May 129-535-4236-7:Civic Center May 095-167-7907-2:30650 Pauba rd May 129-582-9784-3:43230 Bus pk dr Apr 026-671-2909-8:Comm Theater May 021-725-0775-4:Senior Center May 101-525-1560-6:27415 Enterprise May 125-244-2108-3:Library May 133-040-7373-0:Maint Fac May 101-525-0950-0:Comm Ctr May 181-383-8881-6:Museum May 196-025-0344-3:C. Museum T-shirts:every 15 min pgrm Reimb-office supplies:City Mgr 12,642.35 1,412.12 1,131.23 1,087.27 723.92 565.93 240.10 62.40 37.59 34.41 24.21 23.45 21.11 2,038.46 1,197.41 789.00 212.49 113.62 105.77 104.74 83.05 60.01 42.13 29.02 24.81 1.06 1,792.86 137.44 18,006.09 4,801.57 1,792.86 137.44 Jun lease pmt: Police Mall Storefront 1,458.33 1,458.33 Page:6 apChkLst Final Check List Page: 7 06/02/2011 10:56:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 145912 06/02/2011 000311 TEMECULA VALLEY HIGH FY 10/11 Bsktbll Prgm ads SCHOOL 145913 06/02/2011 004261 VERIZON May xxx-9196 gen! usage:TCC SAFE May xxx-5706 general usage May xxx-2016 gen usage:Reverse 911 May xxx-3526 gen usage:Fire Alarm May xxx-2676 general usage May xxx-5696 gen usage:sports comp 145914 06/02/2011 012343 WEST COAST PERFORMING Simon & Garfunkel performance 5/21 Amount Paid Check Total 100.00 100.00 173.50 147.58 121.77 110.68 36.89 36.89 627.31 1,852.02 1,852.02 Grand total for UNION BANK OF CALIFORNIA: 431, 054.89 Page:7 apChkLst Final Check List Page: 8 06102/2011 10:56:59AM CITY OF TEMECULA 85 checks in this report. Grand Total All Checks: 431,054.89 Page:8 Item No. 4 Approvals City Attorney Director of Finance City ManagerOCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 14, 2011 SUBJECT: City Treasurer's Report as of April 30, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of April 30, 2011. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of April 30, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of April 30, 2011 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary Ap ri 130, 2011 Market Value Book %of Value Portfolio Term City of Temecula 43200 Business Park Drive P.O. Bax 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 60,700,1 72.48 1.00 39,41 4,1 70.20 19,000,000.00 14,000,000.00 133,114,343.68 60,700,172.48 1.00 39,448,079.13 19,211,410.00 14,1 94,240.00 60,700,1 72.48 1.00 39,41 4,1 70.20 19,000,000.00 13,984,210.00 45.61 0.00 29.61 14.28 10.51 133, 553, 9 02.61 133,098,553.68 100.00% 1 1 1 1,379 1,091 1 1 1 1,022 4`1 0.388 0.000 0.580 1.895 2.110 0.393 0.000 0.588 1.921 2.139 312 194 0.841 0.852 Cash Passbook/Checking (not included in yield calculations) Tata! Cash and Investments 3,061,457.86 136,175,801.54 3,061,457.86 3,061,457.86 136, 615, 360.47 136,160,011.54 0.000 0.000 312 194 0.841 0.852 Tot al Earnings April 30 Month Ending Fiscal Year Ta Date Current Year Average Daily Balance Effective Rate of Return 46, r 12.47 138,374,717.97 0.85% Reporting period 04!01!2011-04130/2011 Run Date: 05/24/2011 - 11:20 1,077,370.49 135, 059, 040.68 0.96% Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 05/2412011 - 11:20 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2011 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 111,331.58 111,331.58 111,331.58 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 1,913.54 1,913.54 1,913.54 0.000 0.000 1 107886026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2010 19,394.96 19,394.96 19,394.96 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 07/01/2010 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 16B-INT1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 03/31/2011 440,812.27 440,812.27 440,812.27 0.090 0.089 0.090 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 03/31/2011 202,924.24 202,924.24 202,924.24 0.090 0.089 0.090 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 03/31/2011 289,482.63 289,482.63 289,482.63 0.090 0.089 0.090 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 03/31/2011 15,118.51 15,118.51 15,118.51 0.090 0.089 0.090 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 03/31/2011 75.67 75.67 75.67 0.090 0.089 0.090 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 03/31/2011 864,733.31 864,733.31 864,733.31 0.090 0.089 0.090 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 03/31/2011 223,165.05 223,165.05 223,165.05 0.090 0.089 0.090 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 03/31/2011 286,437.25 286,437.25 286,437.25 0.090 0.089 0.090 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 03/31/2011 338,200.91 338,200.91 338,200.91 0.090 0.089 0.090 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 03/31/2011 75,565.58 75,565.58 75,565.58 0.090 0.089 0.090 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 03/31/2011 75,444.36 75,444.36 75,444.36 0.090 0.089 0.090 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 03/31/2011 5,188.43 5,188.43 5,188.43 0.090 0.089 0.090 1 793593016-5 03-2 LOC11 Federated Tax Free Obligations 03/31/2011 1,243,390.36 1,243,390.36 1,243,390.36 0.090 0.089 0.090 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 03/31/2011 4,175.51 4,175.51 4,175.51 0.090 0.089 0.090 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 03/31/2011 367.94 367.94 367.94 0.090 0.089 0.090 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 03/31/2011 1,143.24 1,143.24 1,143.24 0.090 0.089 0.090 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 03/31/2011 2,173,214.24 2,173,214.24 2,173,214.24 0.090 0.089 0.090 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 03/31/2011 67,910.97 67,910.97 67,910.97 0.090 0.089 0.090 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 03/31/2011 14,981.78 14,981.78 14,981.78 0.090 0.089 0.090 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 03/31/2011 4,075.76 4,075.76 4,075.76 0.090 0.089 0.090 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 03/31/2011 36,418.31 36,418.31 36,418.31 0.090 0.089 0.090 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 03/31/2011 96,560.54 96,560.54 96,560.54 0.090 0.089 0.090 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 03/31/2011 600,579.14 600,579.14 600,579.14 0.090 0.089 0.090 1 Run Date: 05/24/2011 - 11:20 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2011 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 03/04/2011 1,307,961.61 1,307,961.61 1,307,961.61 0.090 0.089 0.090 1 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 03/04/2011 14,967,846.92 14,967,846.92 14,967,846.92 0.090 0.089 0.090 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 03/04/2011 18,011.40 18,011 40 18,011.40 0.090 0.089 0.090 1 94432363 02001 Financial Security Assurance 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 29,054,052.32 29,054,052.32 29,054,052.32 0.588 0.580 0.588 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,566,169.68 1,566,169.68 1,566,169.68 0.588 0.580 0.588 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.560 0.588 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 309,250.57 309,250.57 309,250.57 0.588 0.580 0.588 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,617,641.27 3,617,641.27 3,617,641.27 0.588 0.580 0.568 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.580 0.588 1 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 793,737.32 793,737.32 793,737.32 0.588 0.580 0.588 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.580 0.588 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.580 0.588 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.580 0.588 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.580 0.588 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 559,942.25 559,942.25 559,942.25 0.588 0.580 0.588 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,107,572.05 1,107,572.05 1,107,572.05 0.588 0.580 0.588 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 60,708,840.35 60,700,172.48 60,700,172.48 60,700,172.48 0.388 0.393 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2010 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 412,215.26 412,215.26 412,215.26 0.588 0.580 0.588 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,895,109.87 3,895,109.87 3,895,109.87 0.588 0.580 0.588 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 930,055.31 930,055.31 930,055.31 0.588 0.580 0.588 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.580 0.588 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.588 0.580 0.566 1 SYSCITY CITY CA Local Agency Investment Fun 7,248,467.39 7,257,616.08 7,248,467.39 0.588 0.580 0.588 1 SYSRDA RDA CA Local Agency Investment Fun 9,751,218.87 9,763,526.42 9,751,218.87 0.588 0.580 0.588 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,270,761.42 1,270,761.42 1,270,761.42 0.588 0.580 0.588 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 548.61 546.61 548.61 0.588 0.560 0.588 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,039,579.63 6,039,579.63 6,039,579.63 0.588 0.580 0.588 1 SYSTCSD TCSD CA Local Agency Investment Fun 9,866,213.84 9,678,666.53 9,666,213.84 0.568 0.580 0.588 1 Run Date: 05/2412011 - 11:20 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2011 Purchase Date Par Value Market Value Page 5 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Subtotal and Average 38,703,40610 39,414,170.20 39,448,07913 39,414,170.20 0.580 0.588 1 Federal Agency Callable Securities 31331J2P7 31331J4T7 3133XVF63 3133724V3 313372NX8 313372VP6 3134G1Y65 3134G1Y99 3136F9CB7 3136F9DP5 31398AYN6 3136FJNN7 3136FPNTO 3136FPPR2 3136FPQV2 3136FPZD2 31398A7A4 31398A7L0 01156 01159 01147 01158 01165 01167 01162 01163 01088 01090 01134 01148 01153 01154 01155 01157 01160 01161 Federal Farm Credit Bank Federal Farm Credit Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Mtg Corp Federal Home Loan Mtg Corp Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Subtotal and Average 19,000,000.00 11/17/2010 1,000,000.00 991,390.00 1,000,000.00 1.250 12/16/2010 1,000,000.00 1,000,700.00 1,000, 000.00 1.350 10/26/2009 1,000,000.00 1,009,360.00 1,000,000.00 2.100 12/30/2010 1,000,000.00 998,690.00 1,000,000.00 1.125 02/28/2011 1,000,000.00 1,011,990.00 1,000,000.00 2.000 03/23/2011 1,000,000.00 1,004,630.00 1,000, 000.00 1.250 01/25/2011 1,000,000.00 1,005,920.00 1,000,000.00 1.500 02/08/2011 1,000,000.00 1,004,800.00 1,000, 000.00 1.650 03/11/2008 2,000,000.00 2,124,520.00 2,000,000.00 4.000 03/27/2008 1,000,000.00 1,063,440.00 1,000,000.00 4.000 07/28/2009 1,000,000.00 1,005,480.00 1,000,000.00 3.000 11/18/2009 1,000,000.00 1,008,380.00 1,000,000.00 2.000 10/18/2010 1,000,000.00 998,900.00 1,000,000.00 0.625 10/14/2010 1,000,000.00 993,620.00 1,000,000.00 1.150 10/28/2010 1,000,000.00 994,470.00 1,000,000.00 1.000 12/03/2010 1,000,000.00 985,820.00 1,000,000.00 1.125 12/30/2010 1,000,000.00 1,002,870.00 1,000,000.00 1.300 01/24/2011 1,000,000.00 1,006,430.00 1,000, 000.00 1.450 19,000,000.00 19,211,410.00 19,000,000.00 1.233 1.332 2.071 1.110 1.973 1.233 1.479 1.627 3.945 3.945 2.959 1.973 0.616 1.134 1.601 1.110 1.282 1.430 1.250 1,296 11/17/2014 1.350 960 12/16/2013 2.100 726 04/26/2013 1.125 974 12/30/2013 2.000 1,307 11/28/2014 1.250 967 12/23/2013 1.500 1,181 07/25/2014 1.650 1,195 08/08/2014 4.000 680 03/11/2013 4.000 696 03/27/2013 3.000 1,184 07/28/2014 2.000 1,297 11/18/2014 0.625 901 10/18/2013 1.150 1,079 04/14/2014 1.623 1,003 01/28/2014 1.125 1,312 12/03/2014 1.300 974 12/30/2013 1.450 999 01/24/2014 1.895 1.921 1,022 Federal Agency Bullet Securities 31331Y3 P3 31331Y3N8 31331GE47 31331GG37 31331GZ44 31331KCA6 3133XRRU6 3133XSWM6 3133XTN85 3133XTXC5 3133XVEM9 3133XVRS2 313372UH5 31398AYM8 Run Date: 0.5/2412011 - 11:20 01105 01111 01135 01137 01144 01164 01101 01124 01125 01130 01150 01151 01166 01139 Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal National Mtg Assn Subtotal and Average 15,313,343.33 07/15/2008 1,000,000.00 1,014,130.00 998,140.00 3.500 07/30/2008 1,000,000.00 1,007,140.00 999,000.00 3.625 07/29/2009 1,000,000.00 1,031,910.00 997,500.00 2.250 08/04/2009 1,000,000.00 1,027,160.00 1,000,000.00 2.150 10/15/2009 1,000,000.00 1,015,360.00 1,000, 000.00 1.550 02/10/2011 1,000,000.00 1,008,290.00 1,000,000.00 1.375 07/03/2008 1,000,000.00 1,005,910.00 998,570.00 3.625 01/23/2009 1,000,000.00 1,012,960.00 1,000,000.00 2.100 05/07/2009 1,000,000.00 1,006,720.00 1,000, 000.00 1.500 06/11/2009 1,000,000.00 1,020,850.00 1,000,000.00 2.250 11/04/2009 1,000,000.00 1,017,030.00 1,000, 000.00 1.625 11/16/2009 1,000,000.00 1,004,780.00 999,750.00 1.000 03/15/2011 1,000,000.00 1,005,170.00 1,000,000.00 1.125 08/10/2009 1,000,000.00 1,016,830.00 991,250.00 1.750 14,000,000.00 14,194,240.00 13, 984, 210.0 0 3.514 3.610 2.284 2.121 1.529 1.356 3.626 2.071 1.479 2.219 1.603 0.998 1.110 2.024 3.563 3.661 2.316 2.150 1.550 1.375 3.676 2.100 1.500 2.250 1.625 1.012 1.125 2.052 155 75 820 645 533 1,016 61 267 190 407 570 241 866 467 2.110 2.139 451 10/03/2011 07/15/2011 07/29/2013 02/04/2013 10/15/2012 02/10/2014 07/01/2011 01/23/2012 11/07/2011 06/11/2012 11/21/2012 12/28/2011 09/13/2013 08/10/2012 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments April 30, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Total and Average 138,374,717.97 Run Date: 05/2412011 - 11:20 133,114,343.68 133,553,902.61 133,098,553.68 0.841 0.852 194 Portfolio TEME CP PM (PRF_PM2) SymRept 6-42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash April 30, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2010 1,688,774.85 1,688,774.85 1,688,774.85 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2010 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2010 20,125.09 20,125.09 20,125.09 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 1,339,821.42 1,339,821.42 1,339,821.42 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 9,926.50 9,926.50 9,926.50 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 138,374,717.97 Run Date: 05/24/2011 - 11:20 136,175,801.54 136,615,360.47 136,160,011.54 0.841 0.852 194 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through April 30, 2011 Fund Total 001 GENERAL FUND $ 28,487,887.69 101 STATE TRANSPORTATION FUND 144,510.12 120 DEVELOPMENT IMPACT FUND 3,693,773.33 150 AB 2766 FUND 583,635.40 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 27,954,491.95 170 MEASURE A FUND 8,049,559.69 190 TEMECULA COMMUNITY SERVICES DISTRICT 789,948.08 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 185.35 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 239,685.87 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 7,748.17 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 189,880.77 197 TEMECULA LIBRARY FUND 670,895.58 210 CAPITAL IMPROVEMENT PROJECT FUND 10,858,171.45 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,322,519.31 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 997,966.28 277 CFD-RORIPAUGH 30,701,998.03 280 REDEVELOPMENT AGENCY - CIP PROJECT 201,674.48 300 INSURANCE FUND 458,000.85 310 VEHICLES FUND 983,783.35 320 INFORMATION SYSTEMS 567,956.11 330 SUPPORT SERVICES 360,612.71 340 FACILITIES 223,621.29 370 CITY 2008 COP'S DEBT SERVICE 794,469.23 380 RDA DEBT SERVICE FUND 2,080,524.08 390 TCSD 2001 COP'S DEBT SERVICE 74.38 460 CFD 88-12 DEBT SERVICE FUND 66,798.91 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 994,543.22 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,418,640.24 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 153,610.44 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,118,595.21 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 456,491.23 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 6,310,206.83 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 3,319.89 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 36,839.47 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 25,538.02 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 702.20 505 SERVICE LEVEL "C" ZONE 5 SIGNET 1,390.46 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 10,405.16 507 SERVICE LEVEL "C" ZONE 7 RIDGEVIEW 599.12 508 SERVICE LEVEL "C" ZONE 8 VILLAGE GROVE 5,443.32 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 10,864.18 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 3,334.77 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 441.86 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 11,524.99 513 SERVICE LEVEL "C" ZONE 13 PRESLEY DEVELOPMENT 1,245.73 514 SERVICE LEVEL "C" ZONE 14 MORRISON HOMES 494.12 515 SERVICE LEVEL "C" ZONE 15 BARCLAY ESTATES 501.07 516 SERVICE LEVEL "C" ZONE 16 TRADEWINDS 56,283.43 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 205.12 518 SERVICE LEVEL "C" ZONE 18 TEMEKU HILLS 3,814.82 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 45,811.32 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 114,464.75 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 61,875.31 522 SERVICE LEVEL "C" XONE 22 SUTTON PLACE 189.16 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 7,108.91 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 119,658.15 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 13,790.89 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 86.30 527 SERVICE LEVEL "C" ZONE 27 AVONDALE 322.60 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 160,462.77 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 3,507.86 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,675.09 Grand Total: $ 136,615,360.47 Item No. 5 Approvals City Attorney Director of Finance City Manager Mf- ,& (10L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: June 14, 2011 SUBJECT: Agreement for Phlebotomy Services PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That the City Council approve the Agreement with American Forensic Nurses, DBA: AFN for Phlebotomy Services in fiscal year 2011-12 for an annual contract amount of $45,000. BACKGROUND: The City of Temecula Police Department utilizes American Forensic Nurses for phlebotomy services to draw blood for DUI analysis and for collection of evidence in sexual assault cases. They work with most local law enforcement agencies, including the Riverside County Sheriff's Department and come to the police station, the Southwest Detention Center and even stand by at DUI checkpoints. In the past year, the Police Department has performed a number of DUI enforcement activities as the result of an Office of Traffic Safety (OTS) grant. This has resulted in several arrests, as well as a deterrent to drivers not to drink and drive on City streets. It has also increased the number of blood draws performed for the City of Temecula. In addition, the City of Temecula is billed by American Forensic Nurses for any blood draw that is the result of a Temecula case. This includes blood draws requested by CHP Officers working within the City. This contract will be for a total of $45,000 in fiscal year 2011-12. FISCAL IMPACT: Adequate funds are proposed in the fiscal year 2011-12 Police Department operating budget to meet the contract amount. ATTACHMENTS: Agreement for Consultant Services Between City of Temecula and American Forensic Nurses, DBA: AFN for Phlebotomy Services. PD12-03 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND AMERICAN FORENSIC NURSES, DBA: AFN FOR PHLEBOTOMY SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and American Forensic Nurses, DBA: AFN a Corporation (hereinafter referred to as "Consultant"). 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, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, 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 Forty -Five Thousand Dollars and No Cents ($45,000.00) for the total term of this 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. 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, 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (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 identified 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 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. 2 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 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. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 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. 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: One million ($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 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreernent.PD12-03.2-7-11 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($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. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 f. Verification of Coverage. Consultant 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 endorsementsare 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 affecting 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 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, 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. 5 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT American Forensic Nurses DBA: AFN Attn: Faye Battiste-Otto 25 North El Cielo Road #140-195 Palm Springs, CA 92262 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 6 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 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. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant 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 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. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA AMERICAN FORENSIC NURSES, DBA: AFN (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Faye Battiste-Otto, President & CEO ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT American Forensic Nurses, DBA: AFN Attn: Faye Battiste-Otto 255 North El Cielo Road #140-195 Palm Springs, CA 92262 760-322-9914 760-322-9914 info@amrn.com FSM Initial Date: 8 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: American Forensic Nurses DBA: AFN agrees to provide and the City of Temecula agrees to pay for the services outlined in the proposal/fee schedule provided by the Consultant attached hereto and incorporated herein as though set forth in full. American Forensic Nurses will furnish on-call services to the following locations: Temecula Police Department — 308755-A Auld Road, Murrieta, CA Southwest Detention Center — 30755-B Auld Road, Murrieta, CA Field Response within the City limits of Temecula Acceptable response time from the notification that a blood draw is needed is thirty (30) minutes. 9 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 EXHIBIT B Payment Rates and Schedule Prices for services are as outlined in the Proposal/Fee Schedule provided by the Consultant attached hereto and incorporated herein as though set forth in full. In no event shall such services exceed $45,000.00 for the total term of the Agreement except as provided pursuant to Section 4 of this Agreement. 10 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 February 1, 2011 Temecula Polka Department P.O. Box 892050 Temecula, CA 92589 Dar Ma. Sdirada, O FAY' anInSTROTTO. RK Fterklent coR *sew. 110 4440010 Feeeeiike 011100446 Muer Plane find following ow fee %ettedule for etre fiscal year 2011-2012 effective 7/1/11: Surto Current Adhit�IF28 1. Blond / thine / DNA collection 2 41.08 5 42.32 per 'object 2. Dry Run: Blood &Jos Urine S 30.00 $ 30.00 per dry rue 3. Rape Suspect Evidence Collection 2 193.00 S 195.00 per magma 4. Dry Run, Ripe Suspect Evidence CallWWIoa $ 95.00 S 95.00 per dry nm 5. Reference Evidence Collection S 99.00 S 99.00 per suspect 6. Reference Evidence Collection Dry Run S 49.00 S 49.00 per suspect 7. Court Tana (Actual time m coot only) S 85.00 S 25.00 per hour 8. On-call Fee 51342.00 51.248.00 per moeib 9. DUI Cheek Paint 3 350.00 2 350.00 per DUI CP it you hast any questions, please do not hesit 1c to calumet me. Yours rely truly. _ 1 u�t.c•_ ) pl.' , cc Fiyu 110110 -0110 CC: Mary Volimoth, Purchasing Coordinator 11 FDO/es 250 Mean EI Clelle R. aim F me-im P1111 agony. G 52253 (Ma: Te0,372 MU Fat T407222 6014 aeml 14404114 .mm 11 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 ACORD CERTIFICATE OF LIABILITY INSURANCE%s%iolo POLICES OF POURANCF L GTE() GROW IMOW PEEN 18WUED TO THE ueunE0 FUMED ABOVE FOR THE POLICY PEA100II. I0AteD Not W itertf aw REOl3RERENf, TERM Ort CYJ05)1f 10N Of Mfr CON TRAC r On OTTER DCCIAMNT W RI I ISSPECT TO WNSH 7145 C91TIFCATE µ3Y 0518800OR PORTAN. Tee ostsuASE 5P000Cm° re 1I Pacts 0050I CDRE0EN 6 WBJECT TO AIL THE 1ER1e1. ENOLU810NS MO CONMTIOr46 OF 0!211 AOd EGA1E 1MT3 SIQNN AIRY WWW SERI REDUCED SY 000 CtMM�M$ sewn 909.481.7456 FAX 909.184.2191 C*Mbre Insuraece Services LW 0706981 3133 Contour's Suite 5200 RECEIVED Ontario. CA 91764 TOS CERTIFICATE 15155/00 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THRI CERTIFICATE DOES NOT *RENO. EXTEND OR ALTER IN7,ZWERAGEASUOVEG BY THE POLICIES aacw. INOURERB AFFCROITIO COVERAGE MAIC f -- I emin Awerican Forensic NursesmeowLexington DIA: Apt !l iti I h 'J r 255 N. El Ciel0 Road Suite 140 - 19S PURCHASINU Pale Springs. CA 92262 meowInsurance Company 'aue*e Zenith insurance Company 0047 ..a,.e.0 6A1aYwtu't�6Hnt 11/30/2010 0K1,10 - C.ol.seu Aa .•4%.F F '�la Mr Amy Itay p•rA�lprs L71 POLICES OF POURANCF L GTE() GROW IMOW PEEN 18WUED TO THE ueunE0 FUMED ABOVE FOR THE POLICY PEA100II. I0AteD Not W itertf aw REOl3RERENf, TERM Ort CYJ05)1f 10N Of Mfr CON TRAC r On OTTER DCCIAMNT W RI I ISSPECT TO WNSH 7145 C91TIFCATE µ3Y 0518800OR PORTAN. Tee ostsuASE 5P000Cm° re 1I Pacts 0050I CDRE0EN 6 WBJECT TO AIL THE 1ER1e1. ENOLU810NS MO CONMTIOr46 OF 0!211 AOd EGA1E 1MT3 SIQNN AIRY WWW SERI REDUCED SY 000 CtMM�M$ saef TIM Or 1$1010 of rdA5,0-l* tC1� u IT i�f.wn 01 X .01 HOME tnNut•CATC WOW. LUMPY�+ NN46190645(L1) 6A1aYwtu't�6Hnt 11/30/2010 11/30/2011 - C.ol.seu Aa • 5.000.000 • 100 000 F '�la IoFwsw•nr O�o��l mita. Wrc•0rM5 $ S iwi A •[RMO..a.•AOBKIRY • 1;000.000 IE•flnv.A4)(4,44ATE I 5.000.000 OOr: M.IYOJ21001N1 �esreL- 1 WLOr1 /iT 2; 1 110: fsoocc1B-COWRY. WI 11800.!000 A AVf110:046 _ — X `-• ummire IXIANIO 41 OMImAJlCO 90•1251115)/41103��l wroo toe /0007•000 0I001 NOA6190646(11) 11/30/2010 11/30/2011 �/�• idegaauCaWyd 1 11000.000 GORY TOON MOLT eAeJMr 0104aore.l POCKRIY SWAM iPer *mom 1 taAAe/ U.a.IWY RAN,11-10 13J100$4.Y 13331:031333 0 00110101311 UALIC 9 0J100301 143 1 130110teefOUALUItaY .D M.041 0u.NSW tt .f,D.nno,.c 0L11MT•S'I 3 CAD.000INUNcc 9 Win GM s • •� .•�.•— 3 3 g 1100013$010011131110 APO ee/lWeYa lUrVrr Mnrw=nl Cralr.VnNwrx00•30 MP Y,O\W10010:CIIIXT r riA�Bae >~ 7070056103 12/01/2010 12/01/2011 1gii::i.1 iox F., Ges/KOLP/T 1 1,000, El00010,L4' • 1 3,000,0011 1 1 000000 r. o 01 miaow* A �'�o�esfanal liability 141M190445(11) 11/30/2010 11/10/2011 5..,..0.. Aggrsgatt anti! $1.000 Dad Relro to 11-10-04 q1K11 trO nIIA )0CA7 IrsI,Kl( 1 • si:11 no o 7 0•CO. Yr'e+r 0 MOb The City o lTeCula, y Rellerelopaalt Agcpcy and len0CD°Ia L�aswlnity Services O1stNet art added as Additional Insered es respects cownerelal eenerai and automobile liability per policy foes. C// t,'� 10 days notice of cancellation applies is event of Icon variant of pra,Mw. CANCELLATION The City Of Torcula NS. Rary Vollwuth 45200 Business Park Drive Tenoculs. CA 92590 �f(( rill 010P13 M. Cr he MOOR OI•C0•M POURS Se CMCEIIEO Ewan not /I7V.ATC00►•R r Ic., M MOM DyN1eR Nal .10$0001133 1117• °30 Ours Pbp5N YaTCf VG no Cm.FATlN0.W11M010 TO 5l UT.Attn: MJT CALUIC 1011=CM M0111: 01441. UPON HOGILdi&HCHHH. uuwur cr mm lue,ronneHOMO,aa✓,am01*4A•II0003$35$ ...Dune e1l011e•.•A/M Temente McCrary/LR < A0000 29 120014081 FAX: 951.694.9410 ARCM CORPORAWN11808 000V 12 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 AMERICAN FORENSIC NURSES, INC, A California Corporrtion MHBiiNG MINUTI3S Date fameary2,2001 Tires 2.00 pan Location: Paha Spines California Present Faye Battier Otto, Prada!atdStnrfrry /OW Rwanda! OfAf(CM Qihin present Now Minutes Appeored From Prsriar Meeting MM. Appeu*sd by Faye Bathite-0 tfo Agrroda aed Acomia Takers On a motion brought by the President/Secretary/CFO of the Corporation, the President / Secretary / CPO Df the Curpors Win it hereby authorized to enter a long. -term Law o4 the red! property (crated at H2O & _V0 South sen Jainto Street„ l lorxt. CaISfutrta. The specific terms of the !rasa shall b. Negotiated by the President-P-keretary/CFO who b authorized to axe nc all d,Jcomen's and teal estate transactions as required. Cm motion mak by els Prvsidrnt /Secretary/CFO It was taunt sly arpproved b arntknae to do bovines,' with Guarantee Federal Banat, Paint Spring's, All cheeks drifts and other burtrumenb ct4ipting the cOtptT1tipn shall be ahead by the President/ S ustury/(74- On modun by the Prasidene/Secretary/CFO of the Corporation, and thereafter unndi otuly approved, she is hereby authorized to apply to the State of California fora license in the wm d the Corporation tuconduct an waisted living business at the runtime listed above It was unanimously approved that, without further author..maim by this Huard ct Dizeciots, the President/Setettary/CFO is hereby authorized to execute a ll daumena, contract), !ears, Vehicle purchases, bank lunar, service agreement which era um to the benefit of the cerptxadon, including contracts for services, leasee, bank loan documents, shunt and ions, term license agreements. 11 was noted by the Pr ddesrt/Semetary/ Cal that signf&canl improve -manta will be requlre.d prior m opening the rtaw business opatatf,on in Bernet. The financial Slaiem.mis foe the Vat aiding De ember 31,1000 Wert reviewed by the Aestdent/ Secretory/CFO and it was deicnnured that additional working capital !,arts will be required fur future operations. Thum being no further buaiQwse to come before the meeting, it was duty adjourned. Preside t/Steretary/CMaf FrandalOffker /- "d/ 13 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-2012/American Forensic Nurses.Agreement.PD12-03.2-7-11 Item No. 6 Approvals City Attorney Director of Finance City Manager Po -r- '414 OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: June 14, 2011 SUBJECT: Award of a Professional Services Agreement for the maintenance/service/usage for Canon Copiers/Printers PREPARED BY: Michaela A. Ballreich, Deputy City Clerk RECOMMENDATION: That the City Council award a five-year agreement to Innovative Document Solutions (IDS) for the maintenance/service/usage of the Canon copiers/printers for the Civic Center, the Library, and outlining facilities for an annual expenditure of $68,000 plus a 10% contingency for a total annual amount of $74,800 and for a five-year total not to exceed $374,000. BACKGROUND: After a formal Request for Proposal process in 2002, the City Council approved a three-year agreement for the maintenance/service/usage of Canon copiers/printers with Temecula Copiers (now known as Innovative Document Solutions [IDS]). In 2005, this three-year agreement was extended with IDS for an additional five years. Concurrently, with the opening of the new Temecula Library in 2006, the City Council had approved a five-year maintenance/service/usage agreement with IDS for the Canon copiers at the Library, expiring in 2011. In an effort to incorporate the two separate maintenance/service/usage agreements that service the Civic Center/outlining facilities (including Police and Fire)/the Library, a Request for Proposal (RFP) on PlanetBids was solicited on May 16, 2011. The bid closed on June 1, 2011. There were six prospective bidders with Innovative Document Solutions deemed as a qualified firm with a cost-effective proposal. The City may, upon mutual agreement, extend the contract for one additional three-year term. FISCAL IMPACT: Adequate funds for the annual maintenance/service/usage cost of $74,800 will be available in the Support Services Operating Budget upon approval of the FY 2011/2012 Annual Operating budget. ATTACHMENTS: Agreement AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND MAINTENANCE/SERVICE/USAGE FOR CANON COPIERS THIS AGREEMENT is made and effective as of June 14, 2011, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Innovative Document Solutions, a corporation (hereinafter referred to as "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, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional three- year term. In no event shall the contract be extended beyond June 30, 2019. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor 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 eight thousand dollars ($68,000) annually unless additional payment is approved as provided in this Agreement. b. Contractor 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 . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Contractor 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 1 receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (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 Contractor 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. 9. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers 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 Contractor'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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Contractor 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 Contractor, 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 Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($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: One million ($1,000,000) per accident for bodily injury and property damage. 3 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor'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 agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor 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 Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 4 g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 11. TIME OF THE ESSENCE Time is of the essence in this Agreement. 12. INDEPENDENT CONTRACTOR a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor 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 Contractor 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 Contractor to comply with this section. 14. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time, 5 15. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 16. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval 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 that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, 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. 17. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. 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. 21. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set 6 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 22. ASSIGNMENT Innovative Document Solutions Kevin W. Heitritter 26855 Jefferson Avenue, #F Murrieta, CA 92562 The Contractor 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, Contractor'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 Contractor. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 24. 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 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. 25. 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. 7 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: Kevin W. Heitritter, President Sandi Heitritter, Vice President Peter M. Thorson, City Attorney CONTRACTOR Innovative Document Solutions Contact Person: Kevin Heitritter 26855 Jefferson Avenue, #F Murrieta, CA 92562 FSM Initials: Date: 0 9 1 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the future repairs, and maintenance of Canon copiers at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City currently owns/leases 59 Canon copiers/printers and would like to maintain a consistent platform of maintenance for these machines; 2. The scope of work of this proposal includes the maintenance/usage of these 59 Canon copiers/printers for the Civic Center, the Library, and outlining facilities; 3. The City pays for copier maintenance/usage based on price -per impression structure with no monthly minimums or maximums; 4. The vendor is an authorized dealer for Canon Copiers; 5. The technician will be on site within four (4) hours or less from the initial service call — Monday — Friday (8:00 a.m. — 5:00 p.m.), including holidays; 6. The vendor will have sufficient parts/tools/etc. locally available to provide efficient and expedient maintenance service; 7. The contractor will provide and install a loaner Canon copier/printer with similar or better features if a copier is out of service for more than two working days; any digital copiers/printers to be networked must be Windows XP, 7, 2003, and 2008 compatible on both 32 and 64 bit platforms with a minimum of 100 base TX Ethernet connection; and copiers/printers must support both PCL and PS drivers; 8. The Vendor shall supply monthly reports showing the monthly volume usage for each copier/printer; each copier/printer shall be identified in the report by the location, copier model, serial number and include period of time and actual monthly meter reads; if requested, the vendor shall provide reports displaying the maintenance service history for each copier/printer; 9. By way of ImageWare, the vendor will assist with the implementation of remote meter reads/online service calls/and online supply order. 10 EXHIBIT "B" Copy Rate per Impression - Exhibit B Black/White Cost per No. of copiers/printers Impression Copiers/Printers Ave. no. of copies per month iR 2270 .0069 4 2,700-3,700 iR 3570 .0069 1 900-1,100 iR 105 .0069 1 39,000 - 44,000 iR 105+ .0069 1 35,000-45,000 iR 2200 .0069 6 5,000-6,000 iR 3045 .0069 1 1,500-2,200 iR 3225 .0069 1 1,000-2,000 iR 3300 .0069 2 3,500-4,500 iR 5000 .0069 6 10,000-15,000 iR 7105 .0069 1 newly leased 20,000-25,000 iR 1670F .019 12 1,500-2,000 iR 1025 .019 4 newly leased 1,000-2,000 iR 1370F .019 2 500-1,000 iR 10231F .019 1 1,000-2,000 iR 2000 .0125 1 500-1,000 iR 2010F .0125 1 500-,1000 Color copiers/printers iR 6870 .099/.0077 1 color -3,500-4,000 - b/w -500-1,000 iR2620 .068/.0121 1 color -100-500 - b/w -200-500 color-5,000-10,000-b/w-3,000- iR3220 .068/.0121 6 6,000 iR advanced 5051 .068/.01 4 newly leased color -30,000-40,000 b/w -15,000-25,000 iR advanced 7065 .068/.01 1 newly leased color -5,500-8,000 b/w -500-1,000 The current copy rates will apply through the entirety of this five-year agreement and will not increase - the current copy rates include all maintenance, parts, supplies (toner, drums, rollers, etc.) and labor required for the proper operation of the copiers/printers. 11 Item No. 7 Approvals City Attorney Director of Finance City Manager Po -r- '414 OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: June 14, 2011 SUBJECT: Records Destruction Approval PREPARED BY: Gwyn Flores, Records Manager RECOMMENDATION: That the City Council approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. BACKGROUND: On January 9, 2007, the City Council approved Resolution No. 07- 02 which authorizes the destruction of certain City records which have become outdated, obsolete or are excess documents, in compliance with State of California Government Code, Sections 34090 through 34090.7. Attached Exhibit A, lists records from the City Clerk Department in which certain documents have been imaged and identified within various Records Series of the Records Retention Schedule. The imaging of these records complies with the requirements of Government Code Section 34090.5. Attached Exhibit B, lists records from the Building & Safety Division in which certain documents have been imaged and identified within various Records Series of the Records Retention Schedule. The imaging of these records complies with the requirements of Government Code Section 34090.5. Attached Exhibit C, lists records from the Fire Prevention Department in which certain documents have been imaged and identified within various Records Series of the Records Retention Schedule. The imaging of these records complies with the requirements of Government Code Section 34090.5. Attached Exhibit D, lists records from the Finance Department in which certain documents have been identified within various Records Series of the Records Retention Schedule. Attached Exhibit E, lists records from the Public Works Division in which certain documents have been imaged and identified within various Records Series of the Records Retention Schedule. The imaging of these records complies with the requirements of Government Code Section 34090.5. The City Attorney has reviewed this request and has signed the Exhibits as provided for in Resolution No. 07-02. ATTACHMENTS: Destruction of Records, City Clerk Department Exhibit A, List of records recommended for destruction Destruction of Records, Building & Safety Division Exhibit B, List of records recommended for destruction Destruction of Records, Fire Prevention Department Exhibit C, List of records recommended for destruction Destruction of Records, Fire Prevention Division Exhibit D, List of records recommended for destruction Destruction of Records, Finance Department Exhibit E, List of records recommended for destruction Destruction of Records, Public Works Division TO: Susan W. Jones, MMC, City Clerk FROM: Gwyn R. Flores, Records Manager DATE: June 14, 2011 SUBJECT: Request for Destruction of Records Attached "Exhibit A" is a listing of records maintained in the City's City Clerk Department. These documents have been identified in various Retention Groups (list attached). These records are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in City Council Resolution 07-02. Documents required for imaging complies with the requirements of Govemment Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090 et seq., I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: rt� �y���_ t��C� „IV—Susan W. Jones, MMC, City Clerk � e f 6'"--ic•a411 Date APPROVED: City Attorney: R:lforms\destruct. rqs EXHIBIT "A" CITY OF TEMECULA CITY CLERK DEPARTMENT 06114/11 CC DESTRUCTION Date Item Reference Brief Description File Reference# Security Class Storage Media Storage Location 2007 701-02 & 701-03 Agendas: Permanent Image in LaserFiche -City Council -Budget Workshop -City/TVUSD Joint Meeting -Planning Commission -Community Services Commission -Public Traffic Safety Commission -Old Town Local Review Board -Directors Hearing -Community Development Block Grant -Economic Development -Finance Committee -French Valley Parkway Committee -Infrastructure Beautification Committee -Murrieta Creek Advisory Committee -Noise Ordinance Committee -Old Town Merchants Advertising Committee -RDA/Old Town Steering Committee -Regional Medical Facility Symposium -Fire Rebuilding •TVUSD District Committee -Trails & Open Space Subcommittee -Youth Master Plan 2001-2004 203-32 Appeals Current + 2 N/A 2005 401-13 List of Demands 4 Years After Audit N/A 2006 601-15 RFP's/RFQ's 3 Years Successful 2 Years Unsuccessful N/A 2007 703-01 Records Requests Current + 2 N/A 2001-2004 704-19 Petitions Current + 2 N/A 1998-2005 602-00 Contracts/Agreements Permanent Image in LaserFiche 2000-2004 1130-04 Special Event Street Closure Requests Current + 2 N/A 2004-2006 1502-03 Alcohol Beverage Control Current + 2 N/A 2006 601-03 Bid Files 4 Years Unsuccessful N/A 2004 704-13 Claims Against City 3 Years After Settled N/A City Council Agendas (701-02) January 9, 2007 February 27, 2007 April 10, 2007 May 22, 2007 July 10, 2007 August 21, 2007 September 25, 2007 November 6, 2007 CITY OF TEMECULA Records for Destruction January 23, 2007 March 6, 2007 April 24, 2007 June 12, 2007 July 24, 2007 August 28, 2007 October 9, 2007 November 27, 2007 February 13, 2007 March 27, 2007 May 8, 2007 June 26, 2007 August 14, 2007 September 11, 2007 October 23, 2007 December 11, 2007 City Council Budget Workshop Agenda (701-02) May 16, 2007 City Council Joint Meeting with Temecula Valley Unified School District Council (701-02) March 22, 2007 Planning Commission Agendas (701-03) January 3, 2007 March 7, 2007 April 11, 2007 June 6, 2007 August 1, 2007 September 5, 2007 October 17, 2007 February 7, 2007 March 14, 2007 May 2, 2007 June 20, 2007 August 15, 2007 September 19, 2007 November 7, 2007 Community Services Commission Agendas (701-03) January 8, 2007 April 9, 2007 July 9, 2007 October 8, 2007 February 12, 2007 May 14, 2007 August 13, 2007 December 10, 2007 Public Traffic Safety Commission Agendas (701-03) January 25, 2007 May 24, 2007 September 27, 2007 February 22, 2007 June 28, 2007 November 15, 2007 Old Town Local Review Board Agendas (701-03) January 8, 2007 May 14, 2007 December 10, 2007 March 12, 2007 July 9, 2007 Records Destruction - Date Unknown 1 February 21, 2007 April 4, 2007 May 16, 2007 July 18, 2007 August 29, 2007 October 3, 2007 December 5, 2007 March 12, 2007 June 11, 2007 September 10, 2007 April 26, 2007 July 26, 2007 April 9, 2007 October 8, 2007 Director's Hearing Agendas (701-03) February 8, 2007 April 5, 2007 August 2, 2007 October 11, 2007 December 6, 2007 March 1, 2007 April 19, 2007 August 9, 2007 November 15, 2007 December 13, 2007 March 29, 2007 April 26, 2007 August 30, 2007 November 29, 2007 December 20, 2007 Community Development Block Grant (CDBG) (701-03) Meeting Notice serves as Agenda August 30, 2007 Development Review Committee (701-03) August 12, 1999 August 26, 1999 Economic Development Committee Agenda (701-03) June 2, 1999 March 21, 2007 July 22, 1999 September 13, 1999 Finance Committee (701-03) Meeting Notice serves as Agenda October 23, 2007 December 11, 2007 French Valley Parkway Committee Agenda (701-03) Meeting Notice serves as Agenda August 7, 2007 Infrastructure Beautification Committee Agenda (701-03) November 22, 2005 January 23, 2007 March 27, 2007 April 10, 2007 Murrieta Creek Advisory Committee (701-03) March 18, 1999 Murrieta/Temecula Subcommittee Agenda (701-03) September 27, 2004 April 24, 2007 Noise Ordinance Committee Agenda (701-03) July 24, 2007 Old Town Merchants Advertising Committee (701-03) August 25, 1998 September 8, 1998 RDA/Old Town Steering Committee Agenda (701-03) June 5, 2007 July 24, 2007 Regional Medical Facility Symposium Agenda (701-03) December 10, 2007 Records Destruction - Date Unknown 2 February 13, 2007 October 23, 2007 Temecula Fire Rebuilding Meeting Agenda (701-03) Meeting Notice serving as Agenda November 29, 2007 Temecula Valley Unified School District Committee Agenda April 22, 1999 September 27, 2004 Trails & Open Space Subcommittee Agenda (701-03) February 13, 2007 November 27, 2007 Youth Master Plan Meeting Agenda (701-03) September 15, 1999 March 28, 2000 May 8, 2007 Appeals (203-32) 2001-2004 List of Demands (401-13) 2005 RFP's/RFQ's (601-15) 2006 Request for Records (703-01) 2007 Petitions (704-19) 2001-2004 May 17, 2007 August 14, 2007 Special Event — Street Closure Requests (1130-04) 2000-2004 Alcohol Beverage Control (ABC) (1502-03) 2004-2006 Records Destruction — Date Unknown 3 City of Temecula List of Bid Files for Destruction (601-03) 2006 BID FILES 06-01 Pauba Road Improvements — Phase 11 Proj. No. P00-09 06-02 Slurry Seal Proj. FY 2005-06, Redhawk Area Proj. No. PW06-01 06-03 Citywide Concrete Repairs FY 2005-06 Proj. No. PW06-02 06-04 Pavement Rehabilitation Program FY 2005/2006 — Diaz Road PW05-06 06-05 Temecula Education Center Rough Grading Proj. No. PW06-03 06-06 79 South Medians Improvements PW02-14 06-07 Rancho California Road Median Modifications between 1-15 & Ynez Rd. PW05-04 06-08 Bridge Fencing at Rancho Ca . Rd. Overcrossing & Overland Dr. Overcrossing PW05-09 06-09 Traffic Signal Installations Jefferson Ave. at Sanborn Ave. & Redhawk Parkway at Overland Trail/Paseo Parallon PW05-07 & PW05-08 06-10 Rancho Vista Road Sidewalk PW05-01 06-11 Maintenance Facility Field Operations Center Phase 11 PW03-06 06-12 Wolf Creek Fire Station PW01-11 06-13 Erle Stanley Gardner Exhibit PW04-15 06-14 Citywide Concrete Repairs, Phase 1— FY 2006-2007 PW06-08 06-15 Diaz Road Realignment Phase 11 PW95-27 06-16 Rancho California Road Widening South Side from 1-15 to Old Town Front Street / Jefferson Ave. PW02-19 Records Destruction June 2010 — Bid Files 1 City of Temecula List of Claims for Destruction (704-13) 2004 CLAIM FILES 04-421 Takeshi Carter 04-422 Diana L Pilgrim 04-423 Fred & Patricia Weisz 04-424 Roland Medina 04-425 Jeld-Wen, Inc. dba Summit 04-426 Margaret Negri on behalf of Alexandra Negri 04-427 Karla Monteleone 04-428 Linda Lepoutre 04-429 Stacey Mann 04-430 Ellen S. Zybelman 04-431 Southern California Edison 04-432 Katherine H. Barteau 04-433 Estelle R. Jaurequi Lisa A. Bujanda 04-434 04-435 Amy Soltysiak 04-436 Kathy Fry 04-437 Tracy Crockett on behalf of Mia Crockett 04-438 Luis Pomar 04-439 Paula Pereyra 04-440 Joyce Boisvert 04-441 Louis A. Romero 04-442 Rainbow Canyon Villages HOA 04-443 Southern California Edison 04-444 Jeff Rothwell 04-445 Kristopher L. Gallaher 04-446 Shirley Stewart 04-447 Arthur K. Meyers 04-448 Gayle A. Parker 04-449 Connie Anguiano & George Zamudio 04-450 David Balistreri 04-451 Stan Gonzales 04-452 Stacey Dove -Daniels Records Destruction April 2010 — Claims Files 1 04-453 Carol Popeney 2005 CLAIM FILES 05-454 Tim Geirk 05-455 Serge La Lanne 05-456 Yadira Arriaga 05-457 Darcie A. Darrach 05-458 Lauren T. McAllister 05-459 Southern California Edison 05-460 Marcie & Jeff Harris 05-461 Veronica Y. Jones 05-462 Rene Milot 05-463 Debbie J. Richard 05-464 Ralph Fucci 05-465 Ron McDaneld 05-466 False Front 05-467 Lewis E. Castle 05-468 Ginny Ince 05-469 Tauni M. Chung 05-470 Dolores McConnell 05-471 Jared Shoultz 05-472 Nicole Falco 05-473 Diane Owens 05-474 George Kondilis 05-475 Tauni M. Chung 05-476 Ruby J. Woods 05-477 Alba R. Black 05-478 Edward Longo 05-479 Frank Hartman 05-480 Paola Hartman 05-481 Chad W. Power 05-482 Cindy VanEman & Elizabeth Pierce 05-483 RV Supercenter 05-484 RV Supercenter Patricia L. Coleman 05-485 05-486 Bill Burks 05-487 Mercury Insurance Records Destruction April 2010 — Claims Files 2 05-488 Charles Nangle 05-489 Francis R. (Ben) Eberle 05-490 Enterprise Professional Building 05-491 Norma Howell 05-492 Helen Chichester 05-493 Lois del Campo _05-494 Kymber L. Guerrero 05-495 Joe Moore 05-496 Southern California Edison 05-497 Eric and Jodi Evenson 05-498 Raquel Plume 05-499 Lori Candee 05-500 Karen Moore 05-501 Dana Lynn Limbourne 05-502 Mary Ann Bongco 05-503 Michael & Dana Alberts 05-504 David Dolin Records Destruction April 2010 — Claims Files 3 CITY OF TEMECULA LIST OF AGREEMENTS FOR DESTRUCTION (602-00) 98-15 Maureen Licata Regulatory Agreement for Facade Improvement Program 98-161 Terra -Cal Construction, Inc. Duck Pond Improvement Project, PW97-17CSD 98-191 Gustave & Bettie Baron Regulatory Agreement for Facade Improvement Program 98-206 Michael & Rosa Thesing Regulatory Agreement for Facade Improvement Program 98-213 Helga & Walter Berger Regulatory Agreement for Facade Improvement Program 99-47 Douglas W. & Athena Marie Heller Regulatory Agreements for First Time Home Buyer Program & Home Improvement Loan 99-100 Pac West Group, Inc. Regulatory Agreement for Facade Improvement Program 99-161 John & Leslie Sterbenk Facade Improvement Rebate Agreement 99-261 John A. & Leslie A. Sterbenk Fa9ade Improvement Rebate Agreement 99-287 LPA Design Services for the Temecula Library 2000-94 Bertwell & Sidney Hamilton Facade Improvement Rebate Agreement 2000-118 Steiny and Company, Inc. Traffic Signal Controller Upgrade, PW99-13 2000-203 Lillian & Lee -Jean Chen Facade Improvement Rebate Agreement 01-71 Old Town Plaza, LLC Facade Improvement Rebate Agreement 01-136 Habitat West, Inc. 5 -Year Maintenance of Pala Road Bridge Habitat Creation Site, PW97-15EM 01-158 David Taussig & Associates Butterfield Stage Road CFD Special Tax Consulting 01-159 Stephen G. White, MAI Butterfield Stage Road CFD Appraisal Services 01-160 Empire Economics, LLC Butterfield Stage Road CFD Market Absorption Study 01-317 Dr. Raymond J. Merchant Facade Improvement Rebate Agreement 01-318 Robert S. Perdue & Mark W. Routh Facade Improvement Rebate Agreement 01-325 Diversified Landscape Company 5 year Maintenance of the Pala Road Bridge Habitat Restoration Site PW97-15LS SD = Scanned & Destroyed Contracts for Destruction — June 2011 1 02-122 County of Riverside Cooperative Agreement for Community Development Block Grant (CDBG) Funds for FY2003-04, 2004-05, 2005-06 02-301 Scott J. & Tami J. Coyle Regulatory Agreement 02-329 03-09 Various Independent Contractors Agreements for Community Services Department 2002 Various Recreational Instruction Agreements for Various Classes offered through the Recreation Brochure 2002 RJM Design Group, Inc. Consultant Services for Construction Documents relating to the Wolf Creek Sports Complex Project (Pat Birdsall Sports Complex) PW01-17CSD 03-40 James C. & Rebecca Lee Comstock Regulatory Agreement 03-48 Albert A. Webb Associates Acquisition Cost Audit Services for Roripaugh Ranch/Butterfield Stage Road, Phase 1 CFD 03-105 Project Design Consultants Engineering and Architectural Services for SR 79 South Medians between 115 and Butterfield Stage Road, PW02-14 03-110 Accela, Inc. Permits Plus Maintenance Agreement 03-119 Uriel Zavala Regulatory Agreement 03-129 Tremco/Weatherproofing Technologies, Inc. Minor Roof Repair and Preventive Maintenance Program at various City Facilities 03-145 West Coast Arborists, Inc. Citywide Tree Trimming Services 03-201 West Coast Arborists, Inc. Citywide Tree Maintenance Services for CSD 03-218 Verizon Payphone Provider Agreement for 42775 Margarita Road Location 03-249 Valentine & Rosalie Vargas Regulatory Agreement 03-264 KTU+A Trails Master Plan for Roripaugh & Johnson Ranch Open Space 03-270 Minolta Business Solutions Maintenance Agreements for EP1030 Copiers in Cashiers Office & Mary Phillips Senior Center 03-283 Marianne G. Richardson Regulatory Agreement 03-298 Shute, Mihaly & Weinberger, LLP Legal Services in Connection with the Potential Proposal to Develop a High -Voltage Electrical Transmission Line 03-303 Canon Financial Services, Inc. Lease Agreement for Canon Copier (IR 1370 F) in Downstairs Lobby 03-313 Various Independent Contractors Agreements for Community Services Department 2003 Various Recreational Instruction Agreements for Various Classes offered through the Recreation Brochure 2003 SD = Scanned & Destroyed Contracts for Destruction — June 2011 2 04-01 North County Basketball Officials Association Officiating Services for CSD Basketball Games 04-02 T.O.T.L. Gear, LLC Purchase Agreement for Various Promotional Items 04-04 MuniFinancial 2004-2005 Assessment Engineering Services 04-05 McGraw-Hill Broadcasting, KGTV Website Advertising 04-06 Broadwing Communications, LLC T-1 Renewal 04-07 General Auction Company Auction Agreement for Various City Equipment 04-08 Randy Kopp Audio Performance Services for Special Events in Old Town 04-09 Vortex Maintenance & Repairs of Garage Doors at Fire Station 84 04-10 NEC Business Network Solutions, Inc. Purchase Agreement for Telephone System at the Children's Museum (DRU) 04-11 NEC Business Network Solutions, Inc. Maintenance Agreement for the City's Telephone System 04-12 Conduit Networks Beta Agreement — Testing the New Product Referred to Intelligent Network Management System 04-13 American Registry for Internet Numbers (ARIN) Registration Services Agreement to Register T-1 on the Internet 04-14 Temecula Valley Balloon & Wine Festival Association Sponsorship Agreement for June 4-6, 2004 Event 04-15 Drifters Car Club Sponsorship Agreement for the "Temecula Fall Car Show and Old Town Cruise" event on October 8-9, 2004 04-16 04-17 Theatre Foundation Sponsorship Agreement for the "Temecula On Stage" event on September 4, 2004 Temecula Valley International Film & Music Festival Sponsorship Agreement for the September 8-12, 2004 Event 04-19 RBF Consulting Consultant Services for Preparation of Legal Description, Creek Land Mitigation, Temecula Creek, PW01-08 04-22 Tetra Tech, Inc. Design Services for Guardrail Installation and Replacement Rainbow Canyon, PW02-18 04-23 04-24 Beverly Harper Lovell Regulatory Agreement11 S C Signs Service Agreement for Public Notice Sign Services 04-25 Top Dawg Termite company Pest Control Services at various City Facilities SD = Scanned & Destroyed Contracts for Destruction — June 2011 3 04-26 Inland Cash Register Purchase and Installation Agreement for POS system for Children's Museum 04-27 We Care Company Purchase Agreement for a Fire Safety Interactive Mobile Trailer 04-29 Richard Brady & Associates Design Services for the City Maintenance Facility Expansion, PW03-06 04-30 Oregon Mountain Constructors Material Delivery Services for Wolf Valley Sports Complex, PW01-17CSD 04-31 W. Dean Davidson, Architect Consultant Services Temecula Valley Museum Expansion Erle Stanley Gardner Exhibit Area 04-32 Randy Kopp Contractor Services 04-33 McFarlin & Anderson Disclosure Counsel Services relating to the Community Services District No. 03-1 (Crowne Hill) 04-34 Environmental Systems Research Institute, Inc. Annual Software Maintenance Quotation 04-36 Fieldman Rolapp Financial Services, LLC Investment Advisory Services for Crowne Hill & Wolf Creek CFD's 04-38 GT Entertainment & John Irwin DJ Services 04-39 The Silverado Bluegrass Band, Bluegrass Etc., Lilies of the Nest Entertainment for the Old Town Temecula Bluegrass Festival 04-40 Nth Generation Performance Tuning and Capacity Planning for the Storage Area Network 04-41 Harris & Associates Facilities Acquisition Audit Services, CFD 01-2, Harveston Development 04-42 John Kasperowicz Design & Install Recycling Exhibit for Children's Museum 04-43 Boise Office Solutions Office Furniture for the Children's Museum 04-45 Mt. San Jacinto Community College Crystal Reports Training 04-47 Interactive Design Corporation Consultant Services 04-48 Cozad & Fox, Inc. Design Services for Waterline on Pauba Road, PW00-07 04-49 Connie Anguiano Regulatory Agreement 04-53 Morris Myers Maintenance Facility, Restroom & Picnic Shelter Janitorial Maintenance Services 04-54 Konica Minolta Service & Supply Contract for EP2010 Copier at the CRC 04-55 Southland Car Counters Citywide Traffic Data Collection FY 03-04 SD = Scanned & Destroyed Contracts for Destruction — June 2011 4 04-56 McLaughlin Engineering & Mining, Inc. Construction of A.C. Dike along Lower Portion of John Warner Road 04-57 Dream Engineering, Inc. Basketball Court Lighting at Vail Ranch Middle School 04-58 T.H.E. Soils Co., Inc. Phase I Environmental Site Assessment for 28731 Pujol Street, APN 922-062-016 04-59 T.H.E. Soils Co., Inc. Phase I Environmental Site Assessment for Ten Separate Parcels near Main & Mercedes 04-60 LOR Geotechnical Group, Inc. Geotechnical Testing Services Related to Pechanga Parkway Phase IIA Storm Drain Improvements Wolf Creek Channel — Stage 1, PW99-11 SD 04-62 P & D Consultants Contract Inspection Services for Building & Safety 04-63 Christopher Pardell Design, Artistic Development and Sculpture Elements of the Veteran's Memorial entitled Letters Home" 04-64 04-65 True Line Resurfacing, Striping and Chalking at Various City Facilities Virtual Flow Tech Installation and Maintenance of a Reverse Osmosis Water Softening System at Fire Station 84 04-66 Muzak Preventive Maintenance Services, Emergency Repairs, Modification and Improvement of the Sound Systems at Various City Facilities 04-69 Temecula Sister City Association $7,500.00 Grant Agreement for FY 2003-2004 04-70 Boise Office Solutions Workstation Furniture for City Hall & West Wing due to Employee Relocations 04-72 San Diegan Advertising Agreement 04-74 IKON Development of a Specific Plan Template and Train Staff on Revised Software 04-75 Borchard-Temecula, LLC Construction of Gift Funded Community Improvements 04-76 Conduit Networks Intelligent Network Management System (INMS) 04-77 Willdan Design Services for Pechanga Parkway/Murfield Drive Traffic Signal, PW99-11TS 04-80 Jeffrey & Kimberly and Gary & Cynthia Bergon Regulatory Agreement 04-81 Sylvia S. Maniscalco Regulatory Agreement 04-82 Temecula Valley Security Center, Inc. Locksmith Services at Various City Facilities SD = Scanned & Destroyed Contracts for Destruction — June 2011 5 04-83 Cozad & Fox, Inc. Design Services for New Rancho California Water District Waterline, Culver Court to La Presa Loop 04-86 Tom Henderson Studio Photography Services for Marketing Programs 04-87 Reinhart-Fontes Associates, Inc. Appraisal Services for Pujol Street Property, APN 922-053-013 04-88 Imbsen & Associates, Inc. Bridge Design Review — Ynez Road over Santa Gertrudis Creek 04-89 TY Lin International Bridge Design Review — Roripaugh Ranch Bridge/Culvert Crossings 04-95 Rancho California Water District Reimbursement Agreement relating to Jefferson Avenue Pavement Rehabilitation — Phase II, PW02-26 04-96 Eastern Municipal Water District Reimbursement Agreement relating to Jefferson Avenue Pavement Rehabilitation — Phase II, PW02-26 04-97 Nexus Integration Services Wiring Services for Remodel in Information Systems 04-98 Hilton Farnkopf & Hobson, LLC Consultant Services for AB939 Adjustment Factor Usage 04-100 John R. & Faye T. Jennings Regulatory Agreement 04-102 Accela Consultant Services 04-103 Integrated Media Systems Purchase and Installation of Audio/Visual Equipment at Fire Station 84 04-105 Oscar Rosales & Estrella Urban Regulatory Agreement 04-106 Converse Consultants Geotechnical Services for Jefferson Avenue Pavement Rehabilitation — Phase II, from South of Overland to Rancho California Road, PW02-26 04-108 04-109 Alhambra Group Professional Landscape Design Services Winchester Road Widening Jefferson Avenue Medians PW00-27 RBF Consulting Design Services for the Veteran's Memorial at the Duck Pond, PW04-10CSD 04-110 Willdan Engineering Services for Traffic Signal at Pechanga Parkway and Muirfield Drive, PW99-11TS 04-112 Clear Image Window Cleaning Window Cleaning Services at Various City Facilities 04-113 Steno Solutions Transcription Services, Inc. Transcription Services for the Police Department 04-114 American Forensic Nurses Phlebotomy Services for the Temecula Police Department SD = Scanned & Destroyed Contracts for Destruction — June 2011 6 04-115 Berryman & Henigar Inspector Services for the Building & Safety Department 04-116 P & D Consultants Inspector Services for the Building & Safety Department 04-117 Catherine Matthews Street Address Numbering Services 04-118 Integrated Insights (Now know as Integrated Insights/Health and Human Resource Center, Inc. dba Horizon Health EAP- Behavioral Services) Employee Assistance Program 04-119 Timmy D Productions Entertainment Management for the 2004 4'r' of July Extravaganza 04-120 Robert Shea Perdue Real Estate Appraisal Appraisal Services for Property Acquisition relating to 115 SR 79 South Ultimate Interchange, PW99-03 04-123 Accela, Inc. Annual Maintenance for Permits Plus, Client Server, Workflow, and Wireless Modules 04-124 David Turch & Associates Federal Lobbyist Services 04-125 Wilson Group, LLC California State Lobbyist Services 04-126 Esgil Corporation Plan Review Services for the Building & Safety Department 04-127 Riverside Transit Agency MOU relating to Bus Bench Upgrades/Shelters 04-128 Robert Shea Perdue Real Estate Appraisal Real Estate Appraisal Services for Various CIP Projects 04-129 Mason & Mason Real Estate Appraisers Real Estate Appraisal Services for Various CIP Projects 04-130 EnGEN Corporation Geotechnical & Material Testing Services for Various CIP Projects 04-131 Ninyo & Moore Geotechnical & Material Testing Services for Various CIP Projects 04-132 PELA Landscape Plan Check and Inspection Services for FY 2004/05 04-136 Murrieta Development Company Citywide Routine Maintenance for FY04/05 04-137 NPG, Inc. Citywide Routine Maintenance for FY04/05 04-138 Monteleone Contractors, Inc. Citywide Routine Maintenance for FY04/05 04-139 Toran Development & Construction Citywide Routine Maintenance for FY04/05 04-140 Road Works, inc. Citywide Routine Maintenance for FY04/05 04-141 Strong's Painting Citywide Routine Maintenance for FY04/05 SD = Scanned & Destroyed Contracts for Destruction — June 2011 7 04-142 Becker Engineering Citywide Routine Maintenance for FY04/05 04-143 Imperial Paving Company Citywide Routine Maintenance for FY04/05 04-144 Rene's Commercial Management Citywide Routine Maintenance for FY04/05 04-145 Cozad & Fox, Inc. Engineering & Construction Survey Services for FY04/05 04-146 Hall & Foreman, Inc. Engineering & Construction Survey Services for FY04/05 04-148 PELA TCSD Parks/Landscape Plan Check & Inspection Services 04-149 Rizzo Construction TCSD Citywide Routine Maintenance for FY04/05 04-150 Murrieta Development Company TCSD Citywide Routine Maintenance for FY04/05 04-151 Becker Engineering Company TCSD Citywide Routine Maintenance for FY04/05 04-152 Power Distributors, Inc. TCSD Citywide Routine Maintenance for FY04/05 04-153 Ingram Electric of California TCSD Citywide Routine Maintenance for FY04/05 04-154 Strong's Painting TCSD Citywide Routine Maintenance for FY04/05 04-155 Imperial Paving Company TCSD Citywide Routine Maintenance for FY04/05 04-156 Monteleone Contractors, Inc. TCSD Citywide Routine Maintenance for FY04/05 04-157 NPG, Inc. TCSD Citywide Routine Maintenance for FY04/05 04-158 Craftsmen Plumbing TCSD Citywide Routine Maintenance for FY04/05 04-159 Lamar Advertising Company Old Town Billboard Lease Agreement 04-160 Golden State Fire Protection, Inc. Annual Agreement to Perform Fire Protection Services at Various City Facilities 04-161 Trueline Annual Agreement for Resurfacing, Striping & Chalking Services at Various City Facilities 04-162 Diamond Environmental Services Annual Agreement for Portable Restroom Services 04-163 South County Pest Control, Inc. Annual Agreement for Pest Control Services at Various City Facilities 04-164 Temecula Valley Fire Equipment Company Annual Agreement for Fire Extinguisher Services at Various City Facilities 04-165 Ramsey Backflow & Plumbing Annual Agreement for Backflow Testing and Repair Services at Various City Facilities 04-166 Omega Lake Services Annual Agreement to Perform Water Management Services at the Temecula Duck Pond 04-167 Golden State Fence Company Annual Agreement to Perform Fence Services at Various City Facilities SD = Scanned & Destroyed Contracts for Destruction — June 2011 8 04-168 Moore Fence Company Annual Agreement to Perform Fence Services at Various City Facilities 04-169 Steam Superior Carpet & Upholstery Cleaning Annual Agreement to Perform Carpet and General Maintenance Cleaning Services at Various City Facilities 04-170 Diversified Protection Systems, Inc. Yearly Maintenance for the Data Center Equipment 04-171 Haz Mat Trans, Inc. Hazardous Waste Disposal FY2004/05 04-173 John Lisee Pumps, Inc. Annual Agreement for Maintenance Services — TCSD 04-174 ThyssenKrupp Elevator Annual Agreement for Maintenance Services — TCSD 04-175 Data Ticket, Inc. Parking/Traffic Citation Processing 04-176 Rene's Commercial Management Annual Agreement for Maintenance Services — TCSD 04-177 Cal -Dor Specialties, Inc. Annual Agreement for Maintenance Services — TCSD 04-178 Mike's Precision Welding, Inc. Annual Agreement for Maintenance Services — TCSD 04-179 Pro -Tech Services Annual Agreement for Maintenance Services — TCSD 04-180 Toran Development & Construction Annual Agreement for Maintenance Services — TCSD 04-181 Johnson Machinery Company Annual Agreement for Maintenance Services — TCSD 04-182 Computer Alert Systems Annual Agreement for Alarm Maintenance Services 04-183 Liebert Cassidy Whitmore Attorney Services for Employment Relations 04-184 Wolf Creek Development, LLC Deposit Agreement for Design & Added Construction Costs of the Wolf Creek Fire Station 04-186 Alhambra Group Landscape Architecture Design for the Japanese Garden at the Temecula Duck Pond 04-187 Seawest Studios, Inc. Repair & Maintenance to Various Types of Play Equipment at the Temecula Children's Museum 04-188 Musicians Workshop Sponsorship Agreement for Temecula Valley International Jazz Festival July 17-18, 2004 04-189 Albert A. Webb & Associates CFD Annual Administration Services and Sales Tax Reimbursements 04-190 KRW & Associates Engineering Plan Check, Map and Legal Description Review, FY 2004-05 SD = Scanned & Destroyed Contracts for Destruction — June 2011 9 04-191 Temecula Valley Chamber of Commerce Marketing Agreement for FY 2004-05 04-192 04-193 Economic Development Corporation of Southwest Riverside County Marketing Agreement for FY 2004-05 City of Murrieta, City of Lake Elsinore & County of Riverside Southwest Riverside County Economic Alliance Marketing Agreement 04-194 Department of Forestry (CDF) Prescribed Burning Project Agreement — Johnson Ranch Area 04-195 PELA Landscape Plancheck and Inspection Services 04-196 Melody's Ad Works, Inc. Promoting and Marketing Special Events in Old Town Temecula 04-197 L.O. Lynch, Inc. Inspection & Maintenance Services to the Water Pumps Located at Temecula Duck Pond 04-198 Vortex Industries, Inc. Maintenance Services and Emergency Repair for Various Types of Doors at Various City Facilities 04-199 Underwater Solutions Maintenance Services to Swimming Pools at Various City Locations 04-200 Schirmer Engineering Corporation Outside Plan Check Service 04-201 Bio-Tox Laboratories DUI Drug and Alcohol Screening 04-202 Integrity Plumbing/Dennis A. Hibberts Plumbing Plumbing Services at Various City Facilities 04-203 Converse Consultants Consultant Services for Diaz Road Alignment (Phase 1)- PW95-27 Il 04-204 Peacock Systems Purchase Agreement for City's Toner/Ink Cartridges 04-205 S C Signs Service Agreement for Public Notice Sign Services 04-206 Converse Consultants Consultant Services for Library 04-207 Triton Risk Management Consultant Services 04-208 Counts Unlimited Citywide Traffic Count Data Collection for FY04/05 04-209 GCS Printing/Media Supplies, Inc. (GCS Supplies, Inc.) Purchase Agreement for City's Toner/Ink Cartridges 04-210 The Active Network (Formerly Recware) Recreation Software Upgrade- Licensing, Hardware, Installation & Maintenance 04-212 Rancho California Water District Reimbursement Agreement for State Route 79 South Sidewalk Improvement Project, PW01-02 04-214 County of Riverside Supplemental Agreement for the use of Community Development Block Grant Funds, FY04-05 04-215 Michelle K. and Keiko Owen Regulatory Agreement SD = Scanned & Destroyed Contracts for Destruction — June 2011 10 04-216 Vali Cooper & Associates Inspection Services for Various Capital Improvement Projects 04-217 Haz Mat Trans, Inc. Consultant Services for Asbestos/Lead Surveys 04-218 ECAP (John Husing) Consultant Services for Community Profiles 04-219 Kelley Display, Inc. Old Town Banners 04-220 Kelley Display, Inc. Purchase/Storage/Cleaning/ Shipping Agreement 04-221 04-222 Berryman & Henigar P & D Consultants Inspection Services for the Building & Safety Department Inspection Services for the Building & Safety Department 04-224 Fred L. parker dba Comtronix Citywide Radio Maintenance & Repair 04-225 Freedom Signs Manufacture and Install Various Signs at Various City Facilities 04-227 Timmy D Productions Entertainment Services for Various City Events 04-230 Central Coast Productions Sponsorship Agreement for the Good Old Days Car Show event on February 25-27, 2005 & February 2006 04-231 Arts Council of Temecula Valley Special Events Community Grant Agreement 04-232 Arts Council of Temecula Valley Community Grant Agreement 04-234 Margarita Canyon, LLC Reimbursement Agreement relating to the Highway 79/115 Project 04-235 O'Neil Software, Inc. Purchase of Records Management Storage Software 04-237 Unlimited Protective Coatings Corp. Removal and Replacement of Vinyl Flooring in Kitchen at Fire Station 84 04-243 Integrated Media Systems Routine Maintenance, Testing and Consulting of Audio, Video, and Voting System in Council Chambers 04-244 A.S.A.P. Services Weed Abatement Services 04-245 Inland Property Services, Inc. Weed Abatement Services fi 04-246 Baldwin Inc. Weed Abatement Services 04-247 LPS Computer Service Group Maintenance Agreement for Printers 04-248 Rizzo Construction, Inc. Modification of Public Works Reception Area 04-249 Top Dawg termite Co. Annual Contract Agreement for Fiscal Year 2004- 2005 Maintenance Services SD = Scanned & Destroyed Contracts for Destruction — June 2011 11 SD = Scanned & Destroyed Contracts for Destruction — June 2011 12 04-250 Creative Community Photography Services for Veteran's Memorial Artwork 04-251 Sprint Two Year Agreement for City Cellular Services 04-252 Southwest Events Sponsorship for Great Tractor Race Event on October 1-3, 2004 04-254 Reinhart-Fontes Associates, Inc. Appraisal for Parkland Property 04-255 Hinderliter, de Llamas & Associates Sales Tax Consulting & Recovery Fees 04-256 04-257 HDL Coren & Cone, Inc. Property Tax Consulting Services Rancho California Water District Reimbursement Agreement relating to John Warner Road Waterline Extension, PW02-07 04-258 Bosie Workspace Public Works Lobby & Office Modifications 04-260 Eastern Municipal Water District Memorandum of Understanding for Temporary Water and/or Sewer Service 04-261 Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Sponsorship and Funding Agreement for the "Race for the Cure" Event on October 17, 2004 04-262 California Tree Service dba John Weber Construction Landscape, Inc. Construction of the Japanese Garden at the Temecula Duck Pond 04-264 Keyser Marston Associates, Inc. As -needed Real Estate Economic and Affordable Housing Consulting Services 04-266 Barkshire Laser Leveling, Inc. Laser Grading Techniques on Various Sportsfields 04-267 Conduit Networks Network Client Services 04-268 Fisher Sehgal Yanez, Inc. Redesign of Mercantile Building Interior, PW02-23 04-269 Arrow Staff Resources Contract Employee Services 04-273 American Society of Composers, Authors and Publishers License Agreement — Local Government Entities 04-274 Main Street Signs Citywide Street Name Sign Replacement and Repairs for FY2004-2005 04-275 Graphics Unlimited Lithography Community Services Recreation Brochure 04-276 Albert A. Webb & Associates Weed Abatement Consulting Services 04-277 Group 1 Productions Photography & Video Services for Various City Events 04-281 Horizon Mechanical Contractors of California Replacement of Pool Heater at Temecula Recreation Center 04-282 Donald P. & Lenore DiSilvestro Regulatory Agreement I04-284 Merrill A. & Carol A. Legg Regulatory Agreement Il SD = Scanned & Destroyed Contracts for Destruction — June 2011 12 04-285 Aquatic Design Group Design Services for Temecula Elementary School Swimming Pool Mechanical Renovation 04-287 Magician Randall Kappe ParaMagic Show for November 6, 2004 Safety Expo 04-288 Deamer Appliance Removal and Reinstallation of Appliances at Station 84 04-292 Linda Frederickson Regulatory Agreement 04-295 Haz Mat Trans, Inc. Demolition of Improvements on City Owned Property in Old Town 04-296 Zoll Medical Corporation Preventative Maintenance of AED's located in City Facilities 04-299 Petra Geotechnical, Inc. Geotechnical & Material Services for Wolf Creek Sports Complex, PW01-17CSD (Now known as Patricia H. Birdsall Sports Park) 04-300 Lim & Nascimento Engineering Corporation Design Services for Margarita Road Under Crossing, PW04-13 04-305 Victory Communications, Inc. (dba Jim Garber & Assoc.) Advertiser Agreement for Disneyland 50th 04-306 Alison W. Smith Regulatory Agreement 04-310 Reinhart-Fontes Associates, Inc. Appraisal Services for 2 -Story Office Building Located at 41934 Main Street & Vacant Lot at 41950 Main Street 04-311 Parsons Brinckerhoff Construction Services, Inc. Bridge Inspection & Construction Engineering Services for Ynez Road Bridge (widen) over Santa Gertrudis Creek, Project No. LD04-051 CO 04-312 International Pavement Solutions Old Town Southern Gateway Landscaping, PW02-20 04-313 International Pavement Solutions (relates to 04-312) Maintenance of the Old Town Southern Gateway Landscaping, PW02-20 04-314 Michael Brandman Associates Professional Consultant Services I-15/SR79 South Ultimate Interchange PW04-08 04-316 04-317 Walter R. Allen, AIA Architectural Services for Tenant Improvements for Mall Police Sub -Station T.H.E. Soils Company Phase I Environmental Site Assessment for APN's 922-073-019 & 021 04-318 Teddy Johnson Regulatory Agreement 04-323 Various Independent Contractors Agreements for Community Services Department 2004 Various Recreational Instruction Agreements for Various Classes offered through the Recreation Brochure 2004 SD = Scanned & Destroyed Contracts for Destruction — June 2011 13 05-02 Mt. San Jacinto Community College District Various Agreements for Computer Training to be held at the College (Word, Excel, Outlook, SQL Reporting) 05-03 Temecula Lodging, LLC Reimbursement Agreement for Median Construction near Jefferson & Rancho California Road 05-04 Road Builders, Inc. Emergency RIP -RAP Installation Murrieta Creek Restoration 05-05 Fire and Emergency Training Network Installation & Subscription Service for FETN Training System at Fire Stations 05-09 Lisa Schaffer -Osmond Regulatory Agreement 05-10 Drifters Car Club Sponsorship Agreement for the Temecula Fall Car Show & Old Town Cruise, October 7-8, 2005 05-11 Musicians Workshop Sponsorship Agreement for the Temecula Valley International Jazz Festival, July 15-17, 2005 05-12 Temecula Valley Balloon & Wine Festival Association Sponsorship Agreement for the Temecula Valley Balloon & Wine Festival, June 3-5, 2005 05-13 Roger Cantrell Architectural Consulting Services 05-15 Rancho California Water District Reimbursement Agreement for Winchester Road Widening Project, PW00-27 05-17 Coastal Emergency Medicine Consultants Provide Medical Direction for 11 City AED's 05-18 Broadwing Communications, LLC T-1 Renewal 05-19 Nexus IS, Inc. NEC 3 -year Maintenance Agreement 05-20 Edward & Brenda Lynn Regulatory Agreement 05-22 Larry & Rebecca Lehman Regulatory Agreement 05-23 Temecula Sister City Association Community Grant Agreement fi 05-24 Tristaff Temporary Staffing Services 05-25 Arrow Staffing Temporary Staffing Services 05-26 Manpower Temporary Staffing Services 05-27 Apple One Temporary Staffing Services 05-28 Daryl T. & Mary J. Okabayashi Regulatory Agreement 05-29 Adkins Consulting Design Services to Create Logotypes for Community Theater 05-30 FrontBridge Technologies, Inc. Yearly Subscription for Message Management relating to Spam Filtering SD = Scanned & Destroyed Contracts for Destruction — June 2011 14 05-32 Temecula Valley International Film & Music Festival Sponsorship Agreement for September 14-18, 2005 Event 05-38 Kramer. Firm, Inc. Consultant Services for Telecommunication Application Review Services 05-39 Nexus Integration Services Cabling Services and Network Client Services for IS 05-43 Creative Community Design and Use of a City Logo relating to the F.I.T. Program 05-44 Theatre Foundation Sponsorship Agreement for Temecula On Stage Event on September 3, 2005 05-48 AlphaCorp Software Product License Agreement 05-50 Nexus Integration Services Purchase of New Voicemail System (Cisco Unity Messaging System) 05-51 March Joint Powers Authority Agreement for Contribution for March Air Force Base Retention Efforts 05-53 R.J. Noble Company Jefferson Avenue Pavement Rehabilitation, Phase II — South of Overland Drive to Rancho California Road, PW02-26 05-54 Horizon Mechanical Contractors Installation of Pool Equipment at Temecula Elementary School 05-55 Jamie Mitchell Sampson Regulatory Agreement 05-57 Lake Management, Inc. Water Quality Management for Harveston Lake 05-59 Sun Wireless Installation of Point to Point Ethernet System for the Theater 05-60 Pala Mesa Resort Lodging for the TVHS Every 15 Minutes Program, May 17-18, 2005 05-63 Dora Walters Regulatory Agreement 05-65 Alhambra Group Landscape Architecture Design for various City Parks and Facilities 05-66 Conduit Networks, Inc. Consulting Services for upgrade to Exchange 2003 05-67 AAE Incorporated Citywide Engineering & Traffic Surveys for FY04/05 05-68 Pacific Striping, Inc. Citywide Replacement & Repairs of Fire Hydrant Blue Dot Pavement Markers 05-69 Project Design Consultants AutoCAD 2-D Baseline Mapping for Pavement Rehabilitation Program, PW04-12 05-72 Boise Office Solutions Space Planning and Workspace Furniture for Fire Prevention 05-73 Morningstar Productions, LLC Event Productions for Every 15 Minute Program SD = Scanned & Destroyed Contracts for Destruction — June 2011 15 05-74 Dream Shapers Western Performance for Mother/Son Date Night Program 05-75 NuVision Productions Video Production Services for the Every 15 Minutes Program 05-81 Albert A. Webb Associates Weed Abatement Program Analysis 05-82 Albert A. Webb Associates Weed Abatement 2004 Annual Levy 05-84 Anita Villanueva Regulatory Agreement 05-85 Coastal Emergency Medicine Consultants (CEMC) Medical Direction for Automated External Defibrillators (AED's) 05-86 Various Performers (Hot August Night, The Answer, Gregg Young, Steve Copeland & the Raging Sun, Jumpin Joz Band, Rockit Scientist) Various performances for the 2005 Summer Sunsets Film & Concert Series 05-90 CalMat (dba Vulcan Materials Company) Hot Mix Asphalt and SS1H Emulsion Tack Annual Agreement, FY04/05 & 05/06 05-93 Community Works Design Group Consultant Services for Diaz Road Realignment to Vincent Moraga Drive 05-94 Crosstown Electrical & Data, Inc. On Call Service for Closed Circuit Television Cameras and Equipment 05-95 RBF Consulting Civil Engineering Services for the Temecula Public Library Project 05-96 Hot Peppers Entertainment — Performance by Sun and Soul Harveston Park and Concert Series, August 3, 2005 05-97 Tom Henderson Studio Photography Services for Marketing Programs and Materials 05-98 Stephen G. White, MAI Appraisal Services for the Crowne Hill CFD 03-1 Series 2005-B 05-99 Fieldman Rolapp & Associates Financial Analysis for the Crowne Hill CFD 03-1 Series 2005-B 05-104 The Garaves Group Conduct a Partnering Workshop for the Temecula Library Project 05-105 S C Signs Service Agreement for Public Notice Sign Services 05-107 American Forensic Nurses Phlebotomy Blood Drawing Services for Police Department 05-108 Albert A. Webb Associates Weed Abatement Annual Levy Services 05-109 Nexus Integration Services Cabling Services for the Old Town Theater Project 05-110 Albert A. Webb & Associates CFD Annual Administration Services & Sales Tax Reimbursements SD = Scanned & Destroyed Contracts for Destruction — June 2011 16 05-112 Accela, Inc. Software Maintenance Agreement for Accela/Permit Plus Applications: Permits Plus Base, Client Server, Workflow, and Wireless Modules 05-113 Smeal Fire Apparatus Company Purchase Agreement for Smeal Fire Apparatus Company Type I Fire Engine 05-114 Roger Cantrell Architectural Plan Review Services 05-115 Kramer Firm, Inc. Telecommunication Application Review Services 05-116 PELA Landscape Plan Check & Inspection Services for Planning 05-117 NPG, Inc. Citywide Routine Maintenance for FY05/06 05-118 Toran Development & Construction Citywide Routine Maintenance for FY05/06 05-119 Pacific Striping, Inc. Citywide Routine Maintenance for FY05/06 05-120 Strong's Painting Citywide Routine Maintenance for FY05/06 05-121 Monteleone Contractors, Inc. Citywide Routine Maintenance for FY05/06 05-122 Becker Engineering Citywide Routine Maintenance for FY05/06 05-123 Imperial Paving Company, Inc. Citywide Routine Maintenance for FY05/06 05-124 Rene's Commercial Management Citywide Routine Maintenance for FY05/06 05-125 Main Street Signs Annual Agreement for FY05-06 for City Street Name Signs 05-128 KRW & Associates Engineering Plan Check, Map and Legal Description Review, FY 2005-06 05-129 PELA Landscape Plan Check & Inspection Services for Public Works 05-131 Ted Saul Consultant Services for Temecula Children's Museum Project 05-133 GCS Supplies, Inc. (GCS Printing/Media Supplies) Purchase Agreement for City's Toner/Ink Cartridges 05-136 Timmy D Productions Entertainment for the 2004 4th of July Extravaganza 05-137 Certified Pool Water Specialists CRC Pool Maintenance 05-138 Reinhart-Fontes Associates, Inc. Appraisal Services for 41934 Main Street & 41950 Main Street 05-139 T.H.E. Soils Co., Inc. Phase 1 Environmental Site Assessment, APN 922- 044-004, 41950 Main St. 05-140 Haz Mat Trans, Inc. Hazardous Waste Disposal FY2005/06 05-141 KATY July 4th Celebration Sponsorship SD = Scanned & Destroyed Contracts for Destruction — June 2011 17 05-142 Arts Council of Temecula Valley Sponsoring of Fall & Spring Concerts 05-143 P & D Consultants Contract Inspection Services for the Building & Safety Department 05-144 Berryman & Henigar, Inc. Contract Inspection Services for the Building & Safety Department 05-149 Rizzo Construction, Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-150 Murrieta Development Company Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-151 Monteleone Contractors, Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-152 Power Distributors, Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-153 Alexander Pacific Electrical Contractors, Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-154 Strong's Painting Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-155 Imperial Paving Co., Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-156 NPG, Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-157 Golden State Fence Company Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-158 Moore Fence Co., Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-159 Craftsmen Plumbing Heating & Cooling Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-160 Steam Superior Carpet & Upholstery Cleaning Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-161 Wurm's Janitorial Services, Inc. Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-162 Park Specialties Annual Agreement for Minor Construction Projects and Repairs at Various City Facilities 05-163 PELA Landscape Plan Check & Inspection Services for Community Services 05-164 Arts Council of Temecula Valley Community Grant Agreement for continuing efforts related to Cultural Arts 05-165 Melody's Ad Works Promoting & Marketing Special Events in Old Town SD = Scanned & Destroyed Contracts for Destruction — June 2011 18 05-166 Keyser Marston Associates, Inc. Annual Agreement for FY 2005/06 for Affordable Housing Services 05-167 Keyser Marston Associates, Inc. Annual Agreement for FY 2005/06 for Real Estate Economic Services 05-168 Lamar Advertising Company Old Town Billboard Lease Agreement 05-169 Walter R. Allen, AIA Architectural Services for the Temecula Valley Museum 05-170 Timmy D Productions Entertainment for Annexation Event & Concert Series 05-171 Heritage Security Services Security Services for City Events 05-172 Catherine Matthews Street Address Numbering 05-173 Facilities Protection Systems Preventative Maintenance Agreement for Date Center Equipment 05-174 Randy Kopp Audio Performance Services for Special Events in Old Town 05-175 Clear Image Window Cleaning & Pressure Washing Window Cleaning Services at various City Facilities 05-176 Mike's Precision Welding, Inc. Welding Services at various City Facilities 05-177 Diamond Environmental Services Portable Restroom Services for various City Events 05-178 Golden State Fire Protection, Inc. Perform Fire Protection Services at various City Facilities 05-179 Omega Lake Services Water Management Services at the Temecula Duck Pond 05-180 John Lisee Pumps, Inc. Maintenance Services and Emergency Repairs to the Water Pumps at City Swimming Pools 05-181 South County Pest Control, Inc. Pest Control Services at various City Facilities 05-182 Vortex Industries, Inc. Maintenance Services to various doors at various City Facilities 05-183 Temecula Valley Security Center, Inc. Locksmith Services at various City Facilities 05-184 Muzak Maintenance Services to Sound Systems at various City Facilities 05-185 Johnson Power Systems Preventative Maintenance Inspections & Repairs to City's Emergency Generators 05-186 Ramsey Backflow & Plumbing Perform Backflow Testing and Repair Services at various City Facilities 05-187 Straight -Line Glass & Mirror Co., Inc. Maintenance Services and Emergency Repair to Windows at various City Facilities SD = Scanned & Destroyed Contracts for Destruction — June 2011 19 05-188 Maurice Printers, Inc. dba Robinson Printing Printing Services of City's Twice per Year Newsletter 05-189 Francis Awe and the Nigerian Talking Drum Ensemble Performance on July 9, 2005 at CRC 05-190 Joann M. Lizotte Regulatory Agreement 05-191 Arthur M. & Susan C. Whiting Regulatory Agreement 05-192 Cal-Dor Specialties, Inc. Automatic Door Maintenance Services at Mary Phillips Senior Center 05-193 Marco Industries, Inc. dba Mar-Co Equipment Company Preventative Maintenance Services to the City's Floor Maintenance Equipment 05-194 Counts Unlimited Citywide Traffic Count Data Collection for FY05/06 05-196 GT Entertainment & Group One Productions Various Agreements for 4th of July Activities 05-197 Reinhart-Fontes Associates, Inc. Appraisal Services for Apartment Land, APN 922- 053-020 & 021 05-198 Austin Foust Associates, Inc. Traffic Impact Report for Pechanga Parkway Phase II Street Improvements 05-199 Project Design Consultants Pavement Rehabilitation Program, Diaz Road FY05- 06, PW05-06 05-200 Schirmer Engineering Corporation Plan Check Services 05-202 Canty Engineering Group, Inc. Annual Administration of CFD's/AD and Weed Abatement Annual Levy FY2005/06 05-203 Temecula Auto Repair & Radiator, Inc. City Vehicle Maintenance Agreement 05-204 Old Town Tire & Service LLC City Vehicle Maintenance Agreement 05-205 Vali Cooper & Associates, Inc. Construction Management & Inspection Services for City-Wide Verizon Fiber Optics FTTP Installation Project 05-206 Conduit Networks Consulting Services for IS issues at the Temecula Public Library, PW00-07 05-207 P & R Foundation Sponsorship Agreement for the "Temecula Rock'n Rod Run" event on March 11 & 12, 2006 05-208 Animal Friends of the Valleys (L.E.A.F.) Animal Control Services 05-209 Kelley Display, Inc. Purchase, Storage, Cleaning, & Shipping for City Banners 05-211 Rain for Rent, Inc. Temporary Irrigation Pipes for Slope near Sports Park for 4th of July Act ivies SD = Scanned & Destroyed Contracts for Destruction — June 2011 20 05-212 LPS Computer Service Group Yearly Maintenance of Printers at Various City Facilities 05-214 Integrated Media Systems Routine Maintenance, Testing, and Consulting of Audio, Video and Voting System in Council Chambers 05-215 Canty Engineering Group, Inc. Tax Consulting for Crowne Hill CFD 03-1 Series B 05-216 Greater Alarm Intrusion Monitoring Services at the Old Town Police Storefront 05-217 Flo -Systems, Inc. Sewage Pumps Lift Station Maintenance Services at the Ronald Reagan Sports Park 05-218 Rene's Commercial Management Weed & Rodent Control Services at Various City Facilities 05-221 Philip & Diane Blake Regulatory Agreement 05-225 Steno Solutions Services, Inc. Transcription Services for the Police Department 05-226 Temecula Valley Fire Equipment Company Fire Extinguisher Services at Various City Facilities 05-227 Various Performers Various Performances Throughout the City 05-228 Steven & Kim Howick and Lorraine Boucher Regulatory Agreement 05-231 Reinhart -Fontes Associates, Inc. Appraisal of Habitat III located at APN 922-062-016 05-232 Oasis Vending Snack, Coffee, and Soda Vending Services at City Facilities 05-234 Trueline Resurfacing, Striping, and Caulking at Various City Facilities 05-235 Rancho California Water District & City of Murrieta Reimbursement Agreement for Aerial Imagery and Digital Elevation Data 05-237 GT Entertainment August 13, 2005 DJ Services at the CRC 05-238 Kelley Display, Inc. Storage, Cleaning, and Shipping of Banners in Old Town 05-239 L.O. Lynch, Inc. Maintenance Services for Water Pumps Located at the Temecula Duck Pond 05-240 Apple One Temporary Staffing Services 05-241 Manpower Temporary Staffing Services 05-242 Overland Pacific & Cutler, Inc. Civic Center Plaza Relocation Project 05-243 Temecula Valley Chamber of Commerce Marketing Agreement for FY 2005-06 SD = Scanned & Destroyed Contracts for Destruction — Jurie 2011 21 05-244 Economic Development Corporation of Southwest California Marketing Agreement for FY 2005-06 05-245 Southwest Events Sponsorship Agreement for the Great Tractor Race Event, September 30 — October 2, 2005 05-246 Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Sponsorship Agreement for the Race for the Cure Event, October 16, 2005 05-249 Boy Scouts of America Troop 309 License Agreement for use of City Property along Diaz Road for use as a Parking Lot during the Fall Car Show, October 8, 2005 05-252 Safe Alternatives for Everyone Funding agreement for Community Services 05-253 Project Design Consultants Pauba Road Improvement — Phase II -Waterline Improvement Design— PW00-09 05-254 Elite Music Works DJ Services for Father/Daughter Date Night, Feb 17 & 18, 2006 05-255 HDL Coren & Cone, Inc. Property Tax Consulting Services 05-257 Various Performers Various Performances at the Old Town Temecula Theater 05-258 T.H.E. Soils Company, Inc. Phase 1 Environmental Site Assessment for 41910 Main Street 05-259 Nolte Associates, Inc. Consultant Services for Bridge Fencing Project, PW05-09 05-260 Canty Engineering Group, Inc. Weed Abatement Line Service 05-261 Wilson K. Kramer Regulatory Agreement 05-262 Temecula Sister City Association Community Grant Agreement FY 2005-06 05-265 AEI-CASC Engineering Plan Check Services for Water Quality Management Plans FY2005-06 05-266 Sherry Williams Music Services for Entertainment at the Bistro during the Opening of the Temecula Theater, October 4-9, 2005 05-267 Allegro Piano Service Maintenance of Pianos at the Old Town Temecula Theater 05-269 J.M. Diaz, Inc. dba JMD Traffic Signal Design, Jefferson & Sanborn, PW05-07 and Redhawk Parkway & Overland Trail, PW05-08 05-274 Tarantino Property Management Company Property Manager for City Owned Property Located at 41934 Main Street 05-275 Timmy D' Productions Entertainment Services for Small CSD Events SD = Scanned & Destroyed Contracts for Destruction — June 2011 22 05-277 County of Riverside Supplemental Agreement for Community Development Block Grant Funds (CDBG) FY05-06 05-280 T.H.E. Soils Company Phase 1 Environmental Site Assessment for 41938 Main Street 05-281 Steven Allen Photography Services for TCSD Sponsored Events 05-282 Willdan Serving Public Agencies Plan Check Services for the Fire Prevention Bureau 05-283 Charles Abbott Associates, Inc. Plan Check Services for the Fire Prevention bureau 05-284 McLaughlin Engineering & Mining Co., Inc. Amendment to Commercial Lease for Property Located at 41934 Main Street (originally between Tomco, LLC & McLaughlin Engineering) City closed escrow on this property September 29, 2005 05-288 Civic Resource Group Content Management System for the City's Website 05-289 M.O.T.I.F. Performance at the Temecula Duck Pond, November 28, 2005 05-290 Michael Brandman Associates Environmental Engineering Services for the Murrieta Creek Low Flow Crossing at Via Montezuma 05-291 Alan Cook of Group One Video Taping of Temecula's Holiday Parade 12/2/05 05-292 Conduit Networks Maintaining and Performing Necessary Upgrades to the City's Network 05-294 Donelle Westbrook & Donna Roark Regulatory Agreement 05-296 Eddie & Cindy Elder Regulatory Agreement 05-297 Ralph & Maria Cortez, Jr. Regulatory Agreement 05-298 Jeffrey Matuzak and Paul & Darlene Campbell Regulatory Agreement 05-299 Ann & Fernando DelGado License Agreement for Use of a Portion of 41953 Main Street for Temporary Storage 05-301 Top Dawg Termite Company Termite Inspection and Preventive Maintenance Services at Various City Facilities 05-307 Knorr Systems, Inc. Maintenance for Swimming Pool Water Heaters for CRC and Temecula Elementary School 05-309 AAE Incorporated Citywide Engineering & Traffic Surveys for FY05/06 05-310 Agricultural Pest Control Perform Waterfowl Control Services at Temecula Duck Pond 05-312 Public Resource Management Group Preparation of Eligible Claims on Behalf of the City for State Controller Mandated Programs SD = Scanned & Destroyed Contracts for Destruction — June 2011 23 05-313 Kleinfelder Geotechnical & Materials Testing for the City Maintenance Facility Expansion — Field Operations Center Phase I, PW03-06 05-314 J. M. Diaz, Inc. dba JMD Engineering Design Services for Rancho California Road Median Modifications between 115 & Ynez Road, PW05-04 05-321 Various License Agreements for use of the Old Town Temecula Community Theater Various Organizations Renting the Old Town Temecula Theater 05-322 D.C. Hubbs Construction Guard Rail Installation on Old Town Front Street South of 79S 05-323 Kimco Staffing Services, Inc. Temporary Staffing Services 05-327 Various Ticket Service Agreements for the Old Town Temecula Community Theater Various Agencies providing Ticket Services for the Old Town Temecula Theater 05-330 Various Independent Contractors Agreements for Community Services Department 2005 Various Recreational Instruction Agreements for Various Classes offered through the Recreation Brochure 2005 SD = Scanned & Destroyed Contracts for Destruction — June 2011 24 TO: Susan W. Jones, MMC, City Clerk FROM: Gwyn R. Flores, Records Manager DATE: June 14, 2011 SUBJECT: Request for Destruction of Records Attached "Exhibit B" is a listing of records maintained in the City's Building and Safety Department. These documents have been identified in various Retention Groups (list attached). These records are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in Resolution No. 07-02. Documents required for imaging complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090 et seq., I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: APPROVED: City Attorney: R:\forms\destruct. rys fPRic J nston, • •'ng Official av7 Date EXHIBIT "B" CITY OF TEMECULA BUILDING & SAFETY DEPARTMENT 06/14/11 CC DESTRUCTION BarcodelBox Number Date Brief Description Tuff/Records Series List Attached Various Budding Plans 805-08/P Image in Laserfiche List Attached Various Building Permits 805-07/P Image in Laserfiche EB — Entire Box 1 BOX #225 27321 VIA INDUSTRIA 27375 VIA INDUSTRIA 27258 VIA INDUSTRIA 40764 WINCHESTER RD STE 540 40935 COUNTY CENTER DR 32435 TEMECULA PARKWAY 31021 TEMECULA PARKWAY 40770 WINCHESTER RD 26531 YNEZ RD BLDG E 26531 YNEZ RD BLDG E 26455 YNEZ RD 40760 WICHESTER RD STE 180 28071 DIAZ RD STE B1 40820 WINCHESTER RD STE 2030 40770/40760 WINCHESTER RD 31087 NICOLAS RD 30643 TEMECULA PARKWAY 32065 TEMECULA PARKWAY 32459 TEMECULA PARKWAY 43950 MARGARITA RD 41493 MARGARITA RD STE 1054 39650 WINCHESTER RD #D 30625 TEMECULA PARKWAY 26531 YNEZ RD BLDG B Building Plans 06/14/11 CC Meeting (Image in Laserfichej B09-0528 B09-1320 B09-0733 B09-0691 B09-0938 B07-1597 B09-0349 B07-3019 B09-1931 B09-1930 B09-1080 B09-1221 B08-2214 B09-1428 B07-3019/3020 B07 -3011/B08-1467 B06-2550 607-2533 B06-3187 B09-0443 B09-1512 B07-2989 B07-0402 608-1244 40770, 40760, 40820, 40764, 40756, 40762, 40754 WINCHESTER RD 607-3019 / 3020 / 3117 / 3308-3312 BOX #228 40820 WINCHESTER RD #2253 27381 VIA INDUSTRIA 31963 RANCHO CALIFORNIA RD #100 27267 NICOLAS RD #104 30610 RANCHO CALIFORNIA RD 31537 RANCHO PUEBLO #102 27383 VIA INDUSTRIA 28845 PUJOL ST. 26531 YNEZ RD. #E 27600 JEFFERSON AVE. 31145 SUNFLOWER WAY 29740 RANCHO CALIF. #200 27565 DIAZ 40820 WINCHESTER RD. 26531 YNEZ RD. #A 32105 TEMECULA PKWY BOX #230 26419 YNEZ RD. 40760 WINCHESTER RD #280, 290 44274 GEORGE CUSHMAN CT 40573 MARGARITA #C 30975 LA SERENA WAY 42148 REMINGTON 27280 VIA INDUSTRIAL 27280 VIA INDUSTRIA#A, B 42500 WINCHESTER RD 26531 YNEZ RD #C 26531 YNEZ RD 26531 YNEZ RD #E 32225 HIGHWAY 79S 26531 YNEZ RD 40820 WINCHESTER RD 28845 PUJOL ST 27710 JEFFERSON AVE B09-1955 B09-1975 610-0284 B09-0016 B09-1591 B09-1356 B09-1033 B09-1777 B09-1732 B09-0454 B07-1022 B09-1184 B09-1692 609-3117/3009 610-0058 B09-0500 B08-1815 B10-0209 B09-1457 B09-1748 609-1141 B09-1752 B10-0474 B10-0252 B09-1382 608-1621 B09-0661 B09-1474 B06-1702 B10-0180 B10-0302 609-0268 609-1912 29783 SANTIAGO RD 40820 WINCHESTER RD #1430 28975 OLD TOWN FRONT ST #100 28975 OLD TOWN FRONT ST #102 28975 OLD TOWN FRONT ST #101 26531 YNEZ RD 40820 WINCHESTER RD #2262 41715 WINCHESTER RD BOX #231 609-1363 609-1892 B09-0512 B09-0513 B09-1783 B09-1745 B10-0098 B09-1754 40435 WINCHESTER RD 610-0283 43448 BUSINESS PARK DR B09-1960 26531 YNEZ RD #B PH II & VI 609-1835/B09-1836/809-1837 40820 WINCHESTER RD 27699 JEFFERSON AVE #207 44651 AVENIDA DE MISSIONES 30679 TEMECULA PKWY 26520 YNEZ 40820 WINCHESTER RD #2120 40390 WINCHESTER RD 44987 OLD TOWN FRONT ST 28975 OLD TOWN FRONT ST TR 34715 43040 MARGARITA RD 27560 YNEZ RD 27985 DIAZ RD 31087 NICOLAS RD 27531 ENTERPRISE CR W #201C 31161 STRAWBERRY TREE LANE 31122 BLACK MAPLE DR 27464 JEFFERSON AVE 26531 YNEZ RD 30865 VIA NORTE BOX #232 TR31946 40820 WINCHESTER RD #1110 27576 YNEZ RD H1 26231 YNEZ RD 40820 WINCHESTER RD 2150 40820 WINCHESTER RD 32065 TEMECULA PKWY #C 40573 MARGARITA RD#D 27423 YNEZ RD 28544 OLD TOWN FRONT ST 32240 TEMECULA PKWY #200 41955 5TH ST #101 40820 WINCHESTER RD #2230 28801 PUJOL ST 27427 BOSTICK CT 26419 YNEZ RD 26531 YNEZ RD BOX #237 41888 MOTOR CAR PARKWAY BOX #245 TR 26941 BOX #252 29073 OVERLAND RD #J B08-0706 810-0054 B08-1671 B07-0968 B10-0204 & B10-0216 B10-0099 B09-1779 B09-0100 B08-1441 B07-1853 B07-3014 B08-0804 B08-1859 B07 -0735/B05-3359 610-0148 B09-1971 609-1972 610-0304 B09-1834 B08-0539 609-0860,0861,0862 B09-1893 B09-1878 B09-1823 B10-0344 B10-0303 B09-1770 609-1691 B09-0752 B07-2558 B09-0640 608-2179 B09-1739 609-0115 B07-1634 608-1336 B09-1838 606-3099 603-3941 -3943 B09-0165 30630 RANCHO CALIFORNIA RD #503 40756 WINCHESTER RD #220 32483 TEMECULA PARKWAY # 108 40820 WINCHESTER RD # 2285 32155 TEMECULA PARKWAY #E2 41740 ENTERPRISE CIR N #109 28100 JEFFERSON AV 40465 WINCHESTER RD 27277 THRU 27503 VIA INDUSTRIA B06 -0118-B06-0125. 0127 40820 #1630 WINCHESTER RD B09-0274 44066 MARGARITA RD. #2 B09-0029 Building Plans 06/14/11 CC Meeting (Image in Laserfiche) B09-0180 B09-0025 B08-2038 B08-2117 B09-0107 B08-1886 B09-0075 B09-0017 BOX #255 40754 WINCHESTER RD #300 32155 TEMECULA PKWY TR 30264-4-10 28975 OLD TOWN FRONT ST #101 44279 CABO ST MERITAGE HOMES CHARLESTON @ HARVESTON PT 28690 MERCEDES 40820 WINCHESTER RD 40770 WINCHESTER 43112 MEADOWS PARKWAY STRATFORD REDHAWK 23065-3 26531 YNEZ RD 40820 WINCHESTER RD #1520 40820 WINCHESTER RD 30370 DE PORTOLA 43710 ALTAMURA CT 41653 MARGARITA RD #108 44155 MARGARITA RD TR 26941 LOT 16 40710 WINCHESTER RD B10-1542 B10-1521 B06-1759-1761 B10-1309 B10-1622 B05-1865 B08-0106 B07-2373 B07-3019-3020 B10-1527 B10-0194 B10-1703 B10-1461 B11-0156 B11-0446 B10-1779 B10-1505 B06-3373/3376 B04-1349 B10-1514 2 BARCODE #0003044 32083 COPPER CREST LN 40470 CORRIGAN PL 44734 CORTE GUTIERREZ 27565 DIAZ RD 28071 DIAZ RD B1 31848 DOMENOE WY 41675 ENTERPRISE CIRCLE 41877 N ENTERPRISE CIRCLE #200 27371 JEFFERSON AVE #R 27645 JEFFERSON AVE #108 27660 JEFFERSON AVE 28120 JEFFERSON AVE #101 44040 JERAMIE DR 39567 JUNE RD 45661 KIMO ST 44771 KIT CT 46332 KOHINOOR WAY 31160 LAHONTAN ST 43885 LARINO CT 28710 LAS HACIENDAS #B 41609 LAUREL VALLEY CIR 30975 LA SERENA WY 30007 LAURIE RAE LN 30090 LEVANDE PL 44896 LINALOU RANCH 32114 LIVE OAK DR 32058 LIVE OAK DR 32011 LODGE HOUSE CT 44713 LONGFELLOW 44753 LONGFELLOW AVE 39516 LONG RIDGE DR 30699 E. LOMA LINDA RD 31487 LOMA LINDA 31694 LOMA LINDA 27310 MADISON AVE 27310 MADISON AVE #104 32418 MAGENTA CT 41902 MAIN ST 41919 MAIN ST 41964 MAIN ST 41971 MAIN ST 42050 MAIN ST 27143 MAJELLO CT 31860 MALLARD WAY 33631 MAPLEWOOD CT 29119 MARGARITA RD 40573 MARGARITA RD #D 40573 MARGARITA RD #D 40573 MARGARITA RD #B 40573 MARGARITA RD #C 41493 MARGARITA RD #G105 41493 MARGARITA RD 41493 MARGARITA RD 41653 MARGARITA RD 43920 MARGARITA RD 43950 MARGARITA RD 43950 MARGARITA RD #A 43950 MARGARITA RD #B 44060 MARGARITA RD 44060 MARGARITA RD 44066 MARGARITA RD 44066 MARGARITA RD #2 44239 MARGARITA RD 44045 MARGARITA RD 44045 MARGARITA RD 44855 MARGE PL 29802 MARHILL CR 31107 MARIPOSA PL Building Permits 06/14/11 CC Meeting (Image in Laserfichej B09-0906 B08-1493 B10-0141 B09-1692 908-2214 B09-0643 610-0166 B09-2024 B10-0201 B09-1974 B09-2001 B09-1776 B10-0008 B09-2004 B09-1024 B09-1926 B09-1089 B09-1584 B09-0434 909-1477 B09-1833 B09-1141 B09-1487 B09-0469 B09-1249 B09-1118 B09-1880 B09-0379 B09-1386 B09-0819 B10-0357 B09-1235 B09-1348 B09-0735 B09-1048 B07-1506 B09-1798 B09-0495 B09-1914 B09-1562 B09-0273 B10-0245 B09-0377 B09-0712 B09-0366 B07-2973 B09-1773 B09-1691 B08-2027 B09-1748 B09-1512 B09-0463 B09-1524 B09-1159 B09-0659 B09-0715 B09-0442 609-0443 B08-0401 B09-0697 B09-0644 B09-0029 B09-0015 B08-1328 B08-1330 B09-0692 B10-0279 B07-3257 1 45584 MASTERS DR 45647 MASTERS DR 43138 MATERA CT 32025 MEADOWS PKWY 39575 MEADOW VIEW CR 42290 MEADOWS PKWY 30890 MEADE RIVER CT 44899 MELISSA CR 28690 MERCEDES ST 28690 MERCEDES ST 32058 MERLOT CT 43393 MESSINA ST 46263 MINER TRAIL 46347 MINER TRAIL 46361 MINER TRAIL 30291 MIRA LOMA DR 43572 MODENA DR 31872 MONIQUE CIR 29705 MONTE VERDE 29705 MONTE VERDE 29705 MONTE VERDE 41951 MORAGA RD 44084 MOUNTAIN VIEW 31820 MURDOCK LN 27287 NICOLAS RD 27287 NICOLAS RD #107 41793 NICOLE LN 39310 OAK CLIFF DR 39310 OAK CLIFF DR 39773 OAK CLIFF DR 28276 OLD TOWN FRONT ST 28522 OLD TOWN FRONT ST 28544 OLD TOWN FRONT ST 28544 OLD TOWN FRONT ST 28544 OLD TOWN FRONT ST 28544 OLD TOWN FRONT ST #101 44873 POTESTAS DR 40992 PROMENADE CHARDONNAY 28690 OLD TOWN FRONT #370 46239 PINON PINE WY 28771 PUJOL ST 28805 PUJOL ST 28811 PUJOL ST 28814 PUJOL ST 28815 PUJOL ST 28819 PUJOL ST 28819 PUJOL ST 28821 PUJOL ST 28821 PUJOL ST 28829 PUJOL ST 28835 PUJOL ST 28837 PUJOL ST 28837 PUJOL ST 28837 PUJOL ST 28839 PUJOL ST 28839 PUJOL ST 28845 PUJOL ST 28845 PUJOL ST 28845 PUJOL ST 28845 PUJOL ST 28853 PUJOL ST 28867 PUJOL ST 28891 PUJOL ST 28910 PUJOL ST 28883 PUJOL ST 28955 PULOL ST 28481 RANCHO CAL RD #109 29640 RANCHO CALIFORNIA RD 29740 RANCHO CALIFORNIA RD #200 30590 RANCHO CALIFORNIA RD #303 B09-0318 B09-1389 B09-1867 609-0176 B07-1300 B09-1241 B08-0956 B09-1213 B07-2912 B08-0106 907-2586 B09-1248 809-0205 B09-0068 B09-1077 B09-1252 B09-0919 B09-0458 609-0123 B09-1617 B09-0837 B09-0210 B09-0297 B09-0582 B09-1611 B09-1925 B09-1711 909-1686 B09-1937 B10-0005 B09-1991 B09-1738 B09-1120 B09-0648 B07-2558 B08-1973 B09-0189 B10-0130 910-0156 B10-0147 908-0634 909-2158 B09-0131 B09-0027 B08-2206 B09-2160 B09-1669 B09-1668 B09-2157 B08-2159 B08-2156 909-1673 B09-1673 B08-2161 B09-1672 B08-2168 B09-0268 B09-1777 B09-0426 B08-2164 908-2162 B08-2212 B08-2211 910-0059 B09-0656 B07-1798 B09-1781 B09-1602 B09-1184 B09-0003 30640 RANCHO CALIFORNIA RD 31963 RANCHO CALIFORNIA RD 31537 RANCHO PUEBLO #102 42182 REMINGTON AVE 32942 RHINE AVE 42122 RIO NEDO #108 43355 SAN FERMIN PL 33413 SUSAN GRACE CT 32065 TEMECULA PKWY #C 32105 TEMECULA PKWY 32105 TEMECULA PKWY 32240 TEMECULA PKWY 33205 TEMECULA PKWY 33321 TEMECULA PKWY 39515 TERRILL CT 27455 TIERRA ALTA WY 28685 VALLEJO AVE 32236 VIA BANDE 32211 VIA CORDARO 32403 VIA DESTELLO 43186 VIA DOS PICOS 41054 VIA HALCON 27313 VIA INDUSTRIA 27321 VIA INDUSTRIA #1 46009 VIA LA COLORADA 30325 VIA NORTE 29813 VIA PUESTA DEL SOL 31942 VIA SERON 30519 WAILEA CT 26503 WINCHESTER RD 39628 WINCHESTER RD #G 40720 WINCHESTER RD 40770 WINCHESTER RD #790 40770 WINCHESTER RD #790 40820 WINCHESTER RD 40820 WINCHESTER RD #1110 40820 WINCHESTER RD #1110 40820 WINCHESTER RD #1120 40820 WINCHESTER RD #1430 40820 WINCHESTER RD #2230 40820 WINCHESTER RD #2230 BARCODE #0003045 43509 NANTES CT 27227 NICOLAS RD 27227 NICOLAS RD 27267 NICOLAS RD 27267 NICOLAS RD 27267 NICOLAS RD #104 27287 NICOLAS RD 27287 NICOLAS RD #6107 27287 NICOLAS RD 103 27380 NICOLAS RD 31087 NICOLAS RD 41789 NICOLE LN# B4 41797 NICOLE LN 32833 NORTHSHIRE CR 28602 OAKHURST WY 31900 OREGON LN 31930 OREGON LN 28282 OLD TOWN FRONT ST 28410 OLD TOWN FRONT ST #101 28410 OLD TOWN FRONT ST #102 28465 OLD TOWN FRONT ST 28545 OLD TOWN FRONT ST 28544 OLD TOWN FRONT ST #100 28936 OLD TOWN FRONT ST #104 28636 OLD TOWN FRONT ST #200 28659 OLD TOWN FRONT ST Building Permits 06/14/11 CC Meeting (Image in Laserfiche) B09-0309 809-1908 B09-1356 B09-0948 B09-1136 B09-1942 B09-0503 B09-1521 B09-1770 B09-0500 B09-1109 B09-0640 B09-1756 B10-0200 B09-1978 B09-0234 B10-0219 B10-0280 B09-0352 B10-0281 B09-1614 B09-0236 B09-0527 B09-0528 610-0414 B09-0986 B09-1227 B10-0218 B10-0033 B08-1587 609-1924 B09-0438 B09-1708 B09-1482 B09-0239 B09-1893 B10-0246 609-1595 B09-1892 B10-0137 B09-1739 B09-0111 B08-0156 B08-2120/0692 B09-1532 B07-3051 609-0016 B07-3049 B09-1925 B09-8532 B09-0122 B07 -3011/B07-1467 609-1196 609-0502/08-0954/0955 B09-0916/0566/0266 B07-2834 B09-0704/0583 B09-1759 B09-1775 B09-1224 609-1366 B07-3211 809-0479 808-1715/1713 B09-0865 B08-2127 B09-1232 2 28670 OLD TOWN FRONT ST 28670 OLD TOWN FRONT ST 28663 OLD TOWN FRONT ST 28690 OLD TOWN FRONT ST #420B 28690 OLD TOWN FRONT ST #300 28690 OLD TOWN FRONT ST 28822 OLD TOWN FRONT ST #203 28860 OLD TOWN FRONT ST 28860 OLD TOWN FRONT ST 29000 OLD TOWN FRONT ST 42580 OSLO CIRCLE 29073 OVERLAND DR #D 29073 OVERLAND DR #G 44987 OLD TOWN FRONT ST 42030 PACIFIC GROVE WAY 39635 PARKVIEW DR 40251 PASADENA DR 40250 PASEO DEL CIELO 42050 PASEO DEL CIELO 31520 PASEO GOLETA 31949 PASEO PARALLON 32108 PASEO PARALLON 30650 PAUBA RD 44564 PECHANGA PKWY 45610 PECHANGA PKWY 31913 PENGUIN PL 31668 PIO PICO RD 31705 PIO PICO RD 28539 PLYMOUTH WY 28560 PLYMOUTH WY 30804 POINT WOODS CT 45559 PONDEROSA CT 32940 POPPY ST 42756 PORTRAITS LN 42772 PORTRAITS LN 44761 POTESTAS DR 43168 PRIMAVERA DR 45896 PROVENZANO WY 43034 PUDDING CT 43062 PUDDING CT 43083 PUDDING CT 28566 PUJOL ST 28816 PUJOL ST 28855 PUJOL ST 29610 RANCHO CALIFORNIA 29760 RANCHO CALIFORNIA #115 30610 RANCHO CALIFORNIA RD #B 30610 RANCHO CALIFORNIA RD 30610 RANCHO CALIFORNIA RD 30610 RANCHO CALIFORNIA RD 30630 RANCHO CALIFORNIA RD #503 30630 RANCHO CALIFORNIA RD #503 30640 RANCHO CALIFORNIA RD 31493 RANCHO PUEBLO #202 31891 RANCHO CALIFORNIA RD #300 43084 RANCHO WAY ST #D 29642 RAMSEY CT 31882 RED PINE WY 42015 REMINGTON AVE #101 42045 REMINGTON AVE #105 42045 REMINGTON AVE #103 42182 REMINGTON AVE 42184 REMINGTON AVE 42245 REMINGTON AVE # 15 42245 REMINGTON AVE #14 32942 RHINE AVE 32578 RITTER CT 41979 RIO NEDO # B 42232 RIO NEDO 42108 ROICK DR #C B09-0797 609-0388 B09-1231 B09-1365 608-1451 B09-1214 B09-1381 B09-1352 B09-0907 B08-1816 B09-1719 B09-0627 B09-0063 B09-0100 609-1323 609-1385 B09-1554 B09-1094 B09-1304 609-0923 B09-0361 B09-1863 809-1164 609-1787 B09-1187 B09-1310 B09-0818 B09-0711 609-1757 609-1522 809-1177 609-1330 B09-1807 B09-0079 B08-1945 B09-1766 609-1391 B09-1523 B09-1130 609-1771 B09-0804 B09-0535 B07-3152 B09-1418 B09-0537 809-0905 B09-1788 B09-1470 809-1591 B09-1758 609-0499 B09-0180 B09-0441 B09-1483 609-0588 609-1849 B08-2059 B09-1600 B09-0782 B09-1286 809-0848 B09-0949 B09-1420 609-1887 B09-1495 B09-1136 B09-0430 609-1050 809-1551 809-1875 42210 ROICK DR #7 32439 ROSADO CT 41347 RUE JADOT 31069 RUIDOSA ST 43355 SAN FERMIN PL 29879 SANTIAGO RD 31200 SANTIAGO RD 42202 SARAH WY 30999 SHABA CT 28765 SINGLE OAK DR #175 45350 SPRUCE CT 27570 STANFORD DR 32898 STONEFIELD LN 41965 TEATREE CT 23289 TEMECULA PKWY #140 30673 TEMECULA PKWY 31021 TEMECULA PKWY 31045 TEMECULA PKWY #102 31141 TEMECULA PKWY #H1 31285 TEMECULA PKWY #190 31285 TEMECULA PKWY # 234 & 235 31701 TEMECULA PKWY #C 31754 TEMECULA PKWY #A 32095 TEMECULA PKWY 32155 TEMECULA PKWY #E2 32225 TEMECULA PKWY 32240 TEMECULA PKWY #200 32459 TEMECULA PKWY 32459 TEMECULA PKWY #101 32605 TEMECULA PKWY #302 32909 TEMECULA PKWY #106 41850 TEMEKU DR 41851 TEMEKU DR 27455 TIERRA ALTA WY 46175 TIMBERLINE LN 42374 AVENIDA ALVARADO 27427 BOSTIK CT 43234 BUSINESS PARK DR #104 41690 ENTERPRISE CIRCLE N #109 27715 JEFFERSON AVE #111 27365 JEFFERSON AVE #K 29880 LOS NOGALES RD 27247 MADISON AV #111 27290 MADISON AV#104 27230 MADISON AV# D 42050 MAIN ST 40573 MARGARITA RD #I 41377 MARGARITA RD #104 43950 MARGARITA RD # E 43950 MARGARITA RD #B 44066 MARGARITA RD #2 28690 MERCEDES ST 28690 OLD TOWN FRONT ST #420A 28780 OLD TOWN FRONT ST #B11 28480 OLD TOWN FRONT ST C 28936 OLD TOWN FRONT ST #104 29073 OVERLAND DR #J 31915 RANCHO CALIFORNIA RD #300 31565 RANCHO PUEBLO #101 42148 REMINGTON AVE #7B 42225 REMINGTON AVE #13 42108 ROICK DR 28780 SINGLE OAK DR #100 32483 TEMECULA PKWY #108 32815 TEMECULA PKWY #B 27262 VIA INDUSTRIA 27369 VIA INDUSTRIA #N 27378 VIA INDUSTRIA #D 27383 VIA INDUSTRIA Building Permits 06/14/11 CC Meeting (Image in Laserfiche) B09-0802 809-1012 B09-1463 B09-0119/1715 B09-1065/1774/0939 609-1237 609-1552 B09-0720 B09-1139 B09-1748 609-0988 809-1696 809-1433 609-1161 B09-1533 809-1182 B09-0310/0349 B09-1189 B08-1192 B09-1197 B09-0718 609-1627 809-0834 B09-0646 608-1991 B09-1137 /1238/1295/1021/0343 809-1899/0633 809-1511 B09-1064 B09-1367 B09-1935 B09-1181 609-1179 808-1551 B09-1380 609-1345 B07-1634 B10-0398 B09-0078 809-0585 B10-0363 B05-1994 609-0549 B09-0088 609-0564 B10-0245 B07-3197 B09-0795 809-0715 809-0443 809-0029 808-0106 B09-0484 B09-0892 609-0981 B09-0865 B09-0165 B09-1962 B07-2016 B09-1752 809-2002 B09-0559 607-0973 808-2038 B09-0649 B09-2003 B06-0122 B09-1208 B09-1033 3 27386 VIA INDUSTRIA #C 27398 VIA INDUSTRIA #E 27476 VIA INDUSTRIA #B1 27446 VIA INDUSTRIA #F 40756 WINCHESTER RD #220 40756 WINCHESTER RD #D 40756 WINCHESTER RD #230 40760 WINCHESTER RD #B 40762 WINCHESTER RD #E 40770 WINCHESTER RD # 780 40820 WINCHESTER RD#1540 40820 WINCHESTER RD #K02 40820 WINCHESTER RD #FC3 40820 WINCHESTER RD #2296 40820 WINCHESTER RD #2030 41707 WINCHESTER RD #204 41715 WINCHESTER R #203/204 27393 YNEZ RD # 257 26111 YNEZ RD #B20 26495 YNEZ RD 27576 YNEZ RD # H1 BARCODE #0003046 32570 VAIL CREEK DR 29110 VALLEJO AVE 29735 VALLE VERDE 32202 VIA BENABARRE 32071 VIA BONILLA 30348 VIA CANADA 30221 VIA CORSICA 43122 VIA DOS PICOS 41001 VIA HALCON 27377 VIA INDUSTRIA 27258 VIA INDUSTRIA #J 27375 VIA INDUSTRIA 27476 VIA INDUSTRIA#B1 27375 VIA INDUSTRIA 27398 VIA INDUSTRIA 27476 VIA INDUSTRIA 46060 VIA LA COLORADO 40825 VIA LOS ALTOS 30110 VIA MONTEREY 29365 VIA NORTE 29760 VIA NORTE 30668 VIA NORTE 45114 VIA QUIVERA 27383 VIA INDUSTRIA #J2 31882 VIA SERON 31764 VIA SAN CARLOS 28720 VIA MONTEZUMA 28364 VIA INDUSTRIA #B 41137 VINTAGE CR 33167 WAKEEN CR 30858 WELLINGTON CR 31934 WHITE TAIL LN 31917 WILDWOOD CT 31933 WILDWOOD CT 31986 WILDWOOD CT 39628 WINCHESTER RD #. A 39650 WICCHESTER RD #C 40212 WINCHESTER RD 40355 WINCHESTER RD #C -F 40365 WINCHESTER RD 40438 WINCHESTER RD 40465 WINCHESTER RD 40750 WINCHESTER RD 40750 WINCHESTER RD #180 40465 WINCHESTER RD 40754 WINCHESTER RD #F 806-0111 B09-1209/1210 B09-1800/1195 806-0114 B09-0025 B07-3309 B08-2180 B07-3020 807-3310 609-1889 B08-2174 B08-1724 B09-1964 809-1801 609-1428 B10-0317 B09-1754 B09-0486 610-0139 810-0127 609-1878 B09-1371 B09-0810 609-0719 B09-0341 609-1785/1471 B08-1749 B09-1013 B09-1790 B09-0440 B09-0820 609-0733 608-1802 B09-1800 609-1320 B09-1208/1209/1210 809-1195 609-1349 B09-1718 609-1051 B09-0242 B09-0354 B09-1253 B09-1243 609-1033 B09-0302 B09-1700 809-1772/1116 B09-1027 B09-0201 609-1384 809-0749 B09-1223 B09-1594 B09-1199 B09-0721 B08-0218 609-1557 B09-0191 B07-3312 B09-0685/0587 B09-1357 809-0017 B09-1311/1226 809-1221 B09-0396 B07-3311 40754 WINCHESTER RD #310 B09-0077 40764 WINCHESTER RD #540 609-0691 40764 WINCHESTER RD #540 B09-1009/1178/0664/0761 40770 WINCHESTER RD #790 40820 WINCHESTER RD #2282 40820 WINCHESTER RD 40820 WINCHESTER RD #2760 40820 WINCHESTER RD #1240 40820 WINCHESTER RD # 40820 WINCHESTER RD 40820 WINCHESTER RD 40820 WINCHESTER RD #2280 40820 WINCHESTER RD #1610 40820 WINCHESTER RD #2130 40820 WINCHESTER RD #2030 40820 WINCHESTER RD #1300 40820 WINCHESTER RD #1550 40820 WINCHESTER RD #1550 40820 WINCHESTER RD #1630 40820 WINCHESTER RD K1 40820 WINCHESTER RD K12 40820 WINCHESTER RD # 2000 40820 WINCHESTER RD #2285 40830 WINCHESTER RD 40900 WINCHESTER RD 41125 WINCHESTER RD #3 41125 WINCHESTER RD 41593 WINCHESTER RD #203 41593 WINCHESTER RD #210 41630 WINCHESTER RD #A 41790 WINCHESTER RD #F 41790 WINCHESTER RD #D 42044 WINCHESTER RD #B B09-1355 B09-1146 609-1558 B09-1216 B09-0920 B09-1556/1081/1806 809-2431 B08-1364/0227/07-3312 B09-0911 B09-1234/1507 B09-0598 B09-1428 B08-2000 B09-0696 609-0849/0883 B09-0274/0855/0275 B09-0540 B09-0965/0925 B08-0965 B08-2117 B09-1547 609-0841/09-0667 B09-1183 B09-0790 B09-1550 B09-1198 B09-0700 B09-0750 B09-0451 B09-1452 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 42135 WINCHESTER RDB09-1362/0982/1496/1497/1498/1499 42429 WINCHESTER RD 42429 WINCHESTER RD 42500 WINCHESTER RD 42500 WINCHESTER RD 40444 WINDSOR RD 32625 WOLFE RD #130 32832 WOLFE RD 42245 WYANDOTTE ST 41516 YANKEE RUN CT 46245 YELLOWSTONE LN 26109 YNEZ RD 26111 YNEZ RD #B24 26111 YNEZ RD # C6 26111 YNEZ RD #120 26407 YNEZ RD 26427 YNEZ RD 26787 YNEZ RD #G 26455 YNEZ RD 26479 YNEZ RD # C 26490 YNEZ RD # A 26531 YNEZ RD 26531 YNEZ RD 26531 YNEZ RD #B 27680 YNEZ RD #C 26940 YNEZ RD #A 27403 YNEZ RD 27423 YNEZ RD 27468 YNEZ RD 27520 YNEZ RD #J9 27520 YNEZ RD #C5 27536 YNEZ RD 27536 YNEZ RD# F21 27540 YNEZ RD #J13 27544 YNEZ RD #02 27546 YNEZ RD #P2A 27546 YNEZ RD B09-0962 B08-2196 609.0182/1382 1307-3070/1709 809-0392 B08-1514 608-2021 B09-1537 B09-1500 B08-1856 609-1168 B09-1301 B09-1528 B09-0842 B08-0988 B09-1368 B08-1548 B09-1332/1080 B08-1384/1717 B09-0709 B09-1732 B08-2042/-09-0300/1144/0220 608-0027 B09-1034/0856 B09-0577 809-1160 B09-0638 B08-2124 B09-1167 808-1813 B09-0705 B08-0962 B08-1386 B08-1064 B09-1138 B09-0380 4 27555 YNEZ RD 27644 YNEZ RD 29320 YNEZ RD 29521 YNEZ RD 33314 YUCCA ST 42230 ZEVO DR BARCODE #0003047 44870 ATHEL WAY 32428 ALPINE CT 32959 ANASAZI DR 44870 ATHEL WAY 44870 ATHEL WAY 44872 ATHEL WAY 44880 ATHEL WAY 44880 ATHEL WAY 44890 ATHEL WAY 44892 ATHEL WAY 40705 AVENIDA CENTENARIO 30569 AVENIDA ESTRADA 32882 ADELANTE ST 30815 AVENIDA DEL REPOSO 30815 AVENIDA DEL REPOSO 41050 AVENIDA VERDE 45603 BASSWOOD CT 44917 BELLFLOWER LN 44937 BELLFLOWER LN 30821 W BEL MONTE CT 31205 BLACK MAPLE DR 44993 BLUE ROSEMARY WAY 32967 BONITA MESA ST 43176 BUSINESS PARK DR 43234 BUSINESS PARK DR STE 104 43391 BUSINESS PARK DR 31450 CALA CARRASCO 31245 CALLE FELICIDAD 44698 CALLE HILARIO 39865 CALLE MEDUSA 43479 CALLE NACIDO 43039 CALLE REVA 43102 CALLE VERONICA 43103 CALLE VERONICA 42884 CAMELOT RD 32249 CAMINO CALIARI 43151 CAMINO CARUNA 45941 CAMINO RUBI 32199 CAMINITO OSUNA 29740 CAMINO DEL SOL 45806 CAMINO RUBI 39570 CANARY CR 40600 CARMELITA CR 41832 CASCADES CT 41720 CHABIS CT 40429 CHAUNCEY WAY 41110 CHEMIN COUTET 32082 COLD CREEK CT 27464 COMMERCE CENTER DR STE M 27470 COMMERCE CENTER DR 27470 COMMERCE CENTER DR 27470 COMMERCE CENTER DR 27470 COMMERCE CENTER DR #C 27661 COMMERCE CENTER DR 30184 CORTE ANZA 45087 CORTE BELLA DONNA 42924 CORTE CABELLO 32060 CORTE CARMELA 42943 CORTE CARMELLO 29838 CORTE CASTILLE 31759 CORTE ENCINAS B08-0099 608-1195 B09-1169/0056 B09-1629 B08-1594 B08-1805 B10-0120 B10-0551 B09-1803 B10-0120 B10-0122 B10-0084 610-0123 B10-0121 B10-0124 B10-0083 B10-0306 B10-0236 B10-0401 B10-0628 B09-1755 B10-0285 B10-0345 B10-0086 B10-0087 810-0641 B10-0537 B10-0538 B10-0079 B10-0659 B10-0398 810-0288 B10-0593 B10-0574 1310-0462 610-0550 B10-0251 B10-0532 B10-0591 B10-0067 B10-0159 B10-0447 B10-0390 B10-0315 B10-0415 B10-0640 609-1956 B10-0470 B10-0097 B10-0616 B10-0190 B10-0463 610-0549 B09-1916 B10-0645 B10-0518 B10-0552 B10-0655 B10-0555 B10-0167 610-0621 B10-0217 B10-0656 B10-0287 B10-0358 810-0367 B10-0472 33450 CORTE FIGUEROA 31960 CORTE LA PUENTA 31447 CORTE MONTIEL 32365 CORTE PALACIO 32285 CORTE ZAMORA 40935 COUNTY CENTER DR 42059 COSMIC DR 33379 DECADA ST 42073 DELMONTE ST 30011 DEL REY RD 30521 DEL REY RD 30895 DE PORTOLA RD 43560 DODARO DR 31850 DOMENOE WY 31858 DOMENOE WY 31862 DOMENOE WY 31866 DOMENOE WY 31870 DOMENOE WY 31874 DOMENOE WY 31878 DOMENOE WY 31882 DOMENOE WY 31886 DOMENOE WY 46310 DURANGO DR 46408 DURANGO DR 31293 DURNEY CT 41823 N ENTERPRISE CR 27631 W ENTERPRISE CR STE 201C 45291 ESMERADO CT 41730 GILWOOD CT 41884 GRAPEWOOD CT 46274 GRASS MEADOW WY 31384 HICKORY PL 41935 HUMBER DR 32110 HUMBER DR 45931 HUNTER LODGE LN 45955 HUNTER LODGE LN 27365 JEFFERSON AV STE K 27464 JEFFERSON AVE 39340 JESSIE CR 28011 JEFFERSON AVE 30700 LA SOMBRA CT 32106 LIVE OAK DR 32114 LIVE OAK DR 32117 LIVE OAK DR 32122 LIVE OAK DR 31667 LOMA LINDA RD 42145 LYNDIE LN STE 130 42145 LYNDIE LN STE 102 39055 LIEFER RD 31667 LOMA LINDA RD 42081 MAIN ST 31946 MAP 31946 MAP 31946 MAP 46127 MAPLE DR 40360 MARGARITA RD 43053 MARGARITA RD STE 106 41520 MARGARITA RD 30375 MIRA LOMA DR 29705 MONTE VERDE RD 33298 MORNING VIEW DR 27287 NICOLAS RD STE 105 41797 NICOLE LN 29745 NIGHTVIEW CR 28465 OLD TOWN FRONT ST STE 102 28544 OLD TOWN FRONT ST STE 206 40320 PASEO DEL CIELO 42091 PASEO SONRISA DEL SOL 42104 PASEO SONRISA DEL SOL 42128 PASEO SONRISA DEL SOL B10-0597 B10-0309 B10-0480 B10-0270 B10-0468 B10-0599 B10-0311 B10-0458 810-0310 B10-0439 B09-1455 B10-0413 B10-0316 B10-0072 B10-0074 B10-0075 B10-0076 B10-0077 B10-0070 B10-0071 B10-0072 B10-0073 B10-0106 B10-0556 B10-0596 B10-0370 B10-0148 B10-0642 B10-0629 B10-0172 B10-0389 B10-0442 B10-0360 B10-0364 B10-0366 B10-0568 B10-0363 B10-0304 B09-1888 B10-0660 B10-0177 B10-0408 B10-0410 B10-0412 B10-0411 B10-0519 B10-0465 B10-0610 B10-0402 810-0587 B10-0653 B10-0254 B10-0256 B10-0255 B10-0179 B10-0273 B10-0481 B09-1963 B10-0308 B10-0138 B10-0352 B10-0605 B10-0467 B10-0350 B10-0355 B10-0125 810-0482 810-0399 B10-0035 B10-0184 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 5 46717 PEACH TREE ST 31280 PESCADO DR 46249 PINON PINE WAY 41266 PLACER LAFITE 44655 PRIS LN 40124 RAM CT 30640 RANCHO CALIFORNIA RD 31493 RANCHO PUEBLO 31515 RANCHO PUEBLO STE 102 42225 REMINGTON AVE STE A4 42585 RIO NEDO 32486 ROCKY BAR DR 42210 ROICK DR 43525 RIDGE PARK DR 40310 RORIPAUGH RD 32968 ROSSMAN CR 41387 RUE JADOT 41387 RUE JADOT 33156 SAGE CT 27586 SANDERLING WAY 30930 SAWGRASS CT 31421 SEMINOLE ST 31117 SHICALI CT 32133 SOUTH LOOP RD 31061 SPOON CR 31175 STRAWBERRY TREE LN 31200 STRAWBERRY TREE LN 31168 SUNFLOWER WY 31168 SUNFLOWER WY 31178 SUNFLOWER WY 32097 SYCAMORE CT 32124 TALL OAK CT 32134 TALL OAK CT 32146 TALL OAK CT 31117 TEMECULA PARKWAY 31309 TEMECULA PARKWAY STE 100 32483 TEMECULA PARKWAY STE 112 42719 TIERRA ROBLES PL 31990 TEMECULA PARKWAY 32605 TEMECULA PARKWAY STE 315 33026 TOPEKA CT 41839 VARDON DR 33175 VIA ALVARO 33329 VIA CHAPPARO 27280 VIA INDUSTRIA 45921 VIA LA COLORADA 46393 VIANNE CT 29920 VIA SERRITO 42835 VILLA TERRACE CT 27476 VIA INDUSTRIA 40756 WINCHESTER RD STE 280 40756 WINCHESTER RD STE 280 40820 WINCHESTER RD 40820 WINCHESTER RD 40820 WINCHESTER RD STE 1020 40820 WINCHESTER RD STE 1120 40820 WINCHESTER RD STE 1440 40820 WINCHESTER RD STE 2140 40820 WINCHESTER RD STE 2255 40820 WINCHESTER RD STE 2262 40820 WINCHESTER RD 41005 WINCHESTER RD 41125 WINCHESTER RD 41540 WINCHESTER RD STE A 42420 WINCHESTER RD 32030 WOODSIDE CT 26531 YNEZ RD BLDG E 26550 YNEZ RD STE D 26610 YNEZ RD 27430 YNEZ RD B10-0563 B09-1410 B10-0081 B10-0262 B10-0361 B10-0592 B10-0090 B10-0554 B10-0356 B10-0575 B10-0178 B10-0460 B10-0440 B10-0654 B10-0469 B10-0351 B10-0368 B10-0369 B10-0542 B10-0253 B10-0365 B10-0307 B10-0615 B10-0573 B10-0397 B10-0085 B10-0208 810-0395 B10-0373 B10-0088 810-0633 B10-0498 B10-0499 B10-0396 B10-0030 B10-0313 B10-0598 B10-0405 B10-0400 B10-0609 B10-0594 B10-0608 B10-0479 B10-0378 B10-0474 B10-0359 B10-0158 B10-0461 B10-0639 B10-0362 610-0657 B10-0658 B10-0269 B10-0303 B10-0464 B10-0116 B10-0374 B10-0466 B10-0418 B10-0409 B10-0302 B10-0228 B10-0586 B10-0312 B10-0286 B10-0388 810-0237 B10-0600 B09-1327 B10-0652 27450 YNEZ RD STE 210 BARCODE# 0003049 41050 AVENIDA VERDE 41740 ASTEROID WAY 40187 ANNAPOLIS DR 45419 BEECH CT 31566 BENTLEY CT 45984 BRISTLECONE CT 43176 BUSINESS PARK DR 45851 BOULDER WY 43379 BUSINESS PARK DR 39774 AMBERLY 45700 CLASSIC WAY 27470 COMMERE CENTER DR 27470 COMMERCE CENTER DR #S12 27470 COMMERCE CENTER DR #S40 27470 COMMERCE CENTER DR #S5 27470 COMMERCE CENTER DR #C 40935 COUNTY CENTER DR #G 27470 COMMERCE CENTER DR #M-23 32260 CORTE SABRINAS 32373 CORTE PALACIO 31975 CORTE POSITAS 45087 CORTE BELLA DONNA 43537 CALLE NACIDO 45775 CREEKSIDE WY 43851 CARINI CT 28964 CUMBERLAND RD 45048 CORTE ZORITA 43409 CORTE DURAZO 32365 CORTE PALACIO 29795 DEL REY RD 29820 DEL REY RD 27851 DIAZ RD 30819 DEL REY RD 27531 ENTERPRISE CIRCLE W 31300 HICKORY PL 32809 HUPA DR 43026 KNIGHTSBRIDGE WY 30059 LAUREL CREEK DR 42145 LYNDIE LANE 30115 LAURIE RAE LN 30861 LOMA LINDA RD 42544 MUSILEK PL 27287 NICOLAS RD 41797 NICOLE LANE 32905 NORTHSHIRE CR 28410 OLD TOWN FRONT ST #110 28480 OLD TOWN FRONT ST #D 28677 OLD TOWN FRONT ST #F 28690 OLD TOWN FRONT ST #310 28690 OLD TOWN FRONT ST #410 28690 OLD TOWN FRONT ST 28780 OLD TOWN FRONT ST #D5 29000 OLD TOWN FRONT ST 29000 OLD TOWN FRONT ST 28480 OLD TOWN FRONT ST #C 31280 PESCADO DR 32437 PALACIO ST 30768 POINT WOODS CT 31891 RANCHO CALIFORNIA RD 41979 RIO NEDO 42210 ROICK RD #9 31843 RANCHO CALIFORNIA RD #200 33012 REGINA DR 33253 ROMANCE PL 31537 RANCHO PUEBLO 42245 REMINGTON AVE B10-0174 B10-0648 B10-0689 B10-0698 B10-0701 B10-0406 B10-0638 B10-0659 B10-0733 B10-0758 B10-0772 B10-0776 B10-0535 810-0705 B10-0704 B10-0518 B10-0555 B10-0599 B10-0687 B10-0678 B10-0690 B10-0691 B10-0697 B10-0727 B09-1799 B10-0753 B10-0756 B10-0676 B10-0771 B10-0270 B10-0644 B10-0631 B10-0699 B10-0764 B10-0148 B10-0734 810-0770 B10-0670 B10-0646 B10-0610 B10-0696 B10-0747 B10-0766 B09-0853 B10-0672 B10-0730 B10-0709 B09-1035 B10-0632 B10-0706 B10-0539 B10-0635 B10-0637 B10-0590 B10-0590 B10-0728 B10-0669 B10-0692 B10-0729 B09-0588 B09-1050 B10-0440 B10-0675 B10-0693 B10-0700 B10-0702 B10-0703 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 6 31515 RANCHO PUEBLO #103 42660 RIO NEDO 30875 RANCHO VISTA RD 32034 SIERRA RIDGE WY 32044 SIERRA RIDGE WY 32054 SIERRA RIDGE WY 44794 TEHACHAPI PASS 44915 TROTSDALE DR 32483 TEMECULA PARKWAY 46413 TETON TRAIL 42718 TIERRA ROBLES PL 43033 TERAMO ST 30643 TEMECULA PARKWAY 31165 TEMECULA PARKWAY #G2 31285 TEMECULA PARKWAY 32225 TEMECULA PARKWAY 46041 VIA LA COLORADA 30867 VIA NORTE 43145 VISTA DEL RANCHO 29813 VIA PUESTA DEL SOL 40754 WINCHESTER RD 40762 WINCHESTER RD 40756 WINCHESTER RD #290 40764 WINCHESTER RD #C 40770 WINCHESTER RD #A 40820 WINCHESTER RD #1020 40820 WINCHESTER RD #1120 40820 WINCHESTER RD #1560 41900 WINCHESTER RD 42400 WINCHESTER RD 40705 WICHESTER RD #3 41593 WINCHESTER RD #202 31720 WEIBEL CR 40756 WINCHESTER RD #290 41769 ENTERPRISE CR N #101 41900 WINCHESTER RD #100 40372 WINDSOR RD 26459 YNEZ RD 26550 YNEZ RD 27491 YNEZ RD 27491 YNEZ RD 27540 YNEZ RD #J1 27460 YNEZ RD 27430 YNEZ RD 26521 YNEZ RD 32418 YOSEMITE LN 42081 3RD ST 41955 5T" ST #102 41973 6T" ST #B BARCODE #0003048 42387 AVENIDA ALVARADO STE 105 41620 AVENIDA BARCA 44651 AVENIDA DE MISSIONES 43165 AVENIDA DE SAN PASQUAL 29630 AVENIDA DEL SOL 29630 AVENIDA DEL SOL 43165 AVENIDA DEL SOL 43838 BARLETTA ST 45558 BASSWOOD CT 45603 BASSWOOD CT 45431 BAY BERRY PLACE 45503 BAY BERRY PLACE 45395 BAYBERRY PLACE 45395 BAYBERRY PLACE 30894 BEL MONTE CT EAST 31566 BENTLEY CT 1 BETTER WORLD CR 31980 BITTERROOT CT B10-0741 B10-0765 B10-0688 B10-0506 B10-0507 B10-0508 B10-0617 B10-0665 B10-0626 B10-0509 B10-0651 B10-0732 B10-0768 B10-0754 B10-0757 809-1021 B10-0674 B10-0752 B10-0647 B10-0777 B09-1343 B07-3310 B10-0779 B07-3308 B07-3019 B09-1973 B09-1595 B10-0272 B05-0228 B10-0531 B10-0667 B10-0673 B10-0694 B10-0738 B10-0742 B10-0755 B10-0661 B10-0471 B10-0649 B10-0663 B10-0663 B10-0666 B10-0708 B10-0707 B09-1853 B10-0751 B09-0609 B09-1637 B10-0173 B08-1358 B07-2824 B08-0853 B08-0472 B08-0223 B08-1445 808-0472 B08-1245 B08-0258 B08-0589 B09-0096 B09-0450 B08-0780 808-0321 B08-0033 B08-0300 B06-2103 B08-0440 43064 31356 30760 43429 31539 31572 39865 39865 40458 43064 41823 45684 45721 32138 29949 27657 27620 27640 27570 27570 32300 45744 45496 32370 40761 40761 30306 41680 30555 32173 32294 31216 33402 39795 31156 31267 43918 46093 46107 46116 46163 46186 32366 46201 30655 31333 27600 27911 46144 32934 33264 40540 29840 46269 46329 46342 46349 46352 41971 42030 46143 44157 41493 43057 45477 45644 46249 46277 41888 39839 BLACKDEER LOOP BLUEBEECH CT BRANFORD DRIVE BREWSTER CT BUNKERS WAY BUNKERS WAY CALLE MEDUSA CALLE MEDUSA CALLE MEDUSA CALLE REVA CAMINO DE LA TORRE CAMINO OLITE CAMINO RUBI CEDAR CREST CT CHANTELLE CT COMMERCE CTR DR. COMMERCE CTR DR. STE: 101 COMMERCE CTR DR. STE: 105 COMMERCE CTR DR. STE: 120 COMMERCE CTR DR. STE: 228 COPPER CREST CORTE LOBOS CORTE NARBONNE CORTE ZAMORA COUNTY CENTER DR COUNTY CENTER DR DEL REY RD ENTERPRISE CIRCLE SO. #A ESTERO ST FIRESIDE DR FIRESIDE DR FIRESTONE ST FOX RD GOLDEN ROD RD HICKORY PL HICKORY PL HIGHLANDER DR HUNTER TRAIL HUNTER TRAIL HUNTER TRAIL HUNTER TRAIL HUNTER TRAIL HUPP DR JANE PL JEDEDIAH SMITH RD JEDEDIAH SMITH RD JEFFERSON AVE JEFFERSON AVE JON WILLIAM WY JOSHEROO CT KABIAN CT LA CADENA CT LA CORONA CT LONE PINE DR. LONE PINE DR. LONE PINE DR. LONE PINE DR. LONE PINE DR. MAIN ST MAIN ST#1 MAPLE DR MARGARITA RD. MARGARITA RD. #104 MARGARITA RD. #C101 MASTERS DR MASTERS DR MINER TRAIL MINER TRAIL MOTOR CAR PKWY N. GENERAL KEARNEY RD Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 608-0255 B08-0719 B07-2434 B07-1113 B07-1508 B07-2240 B08-1326 608-0226 B07-2838 B07-3307 B06-1623 B08-0224 B08-0872 B09-0951 B07-2792 B08-0741 B08-0888 B08-1045 B08-0813 808-1169 B09-0890 B08-0318 B09-1002 B08-1021 B08-0671 B08-0914 B07-1001 B09-0516 B07-2306 B09-0272 B09-0289 B08-0091 B08-0289 B07-2858 B07-2326 807-2684 B08-1948 B09-0269 B08-1248 B08-1251 B07-3017 B07-2996 B08-1858 B08-1463 B07-3285 808-0807/0951 B09-0455 B08-0812 B09-0103 B07-2023 607-3007 B06-0985 B08-0505 B07-3256 608-0504 B08-1360 B09-0541 B08-1300 608-1731 609-0801 808-1001 B08-0573 B09-0999 B08-1101 608-0981 B07-0581 B09-0018 B09-0876 B07-2294 B05-4192 7 27267 41785 41789 39507 32912 28690 28765 28699 28636 28822 28480 28780 28999 28480 28822 30650 31217 31275 31279 28552 33262 40104 30530 29676 31795 42075 42222 41951 42088 42103 42210 32983 39668 45706 45709 32131 30517 39293 29210 42211 13332 31340 31214 30535 31141 31333 31685 32459 32467 32655 32819 33321 32155 44651 33382 29760 28750 28945 30221 43154 29710 40900 43911 28715 41155 30275 28381 31136 31981 NICOLAS RD #101 NICOLE LN NICOLE LN #1 NORTHGATE PKWY NORTHSHIRE CR OLD TOWN FRONT OLD TOWN FRONT OLD TOWN FRONT ST OLD TOWN FRONT ST #100 OLD TOWN FRONT ST #305 OLD TOWN FRONT ST #C OLD TOWN FRONT ST #C5 OLD TOWN FRONT ST. OLD TOWN FRONT ST. #D OLD TOWN FRONT ST.#304 OPEN CT PAUBA RD PESCADO DR PESCADO DR PLYMOUT WY POPPY ST RAM CT RANCHO CALIFORNIA RANCHO CALIFORNIA RD RANCHO CALIFORNIA RD #500 REMINGTON AVE #102 REMINGTON AVE #102 REMINGTON AVE. #110 RIO NEDO #104 RIO NEDO #106 ROICK DR #10 ROMERO DR RORIPAUGH RD SHASTA LN SHASTA LN SOUTH LOOP RD SPICA CT SPRINGTIME DR STONEWOOD RD STONEWOOD RD STRAWBERRY TREE LN STRAWBERRY TREE LN SWEETGUM PL TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY TEMECULA PKWY #E2 THATCHER CT TWIN HILLS WY VALLE VERDE VALLEJO AVE VALLEJO AVE VIA CORSICA VIA DOS PICOS #A VIA LAS COLINAS VIA LOS ALTOS VIA MONTALBAN VIA MONTEZUMA #B VIA PUERTA VIA VAL VERDE VINCENT MORAGA DR WELLINGTON CR WILDWOOD CT B09-0196/0198/0199 608-0527 607-1272 B08-0618 608-1078 B09-0267 B09-0468 608-0197 B08-0669 607-0295 B09-0981 607-0621/0623/0624 B09-0998 B09-1035 607-0294 608-1141 B07-3185/3186/3188 B03-3582 B03-2604 B09-1032 607-2783 B08-1672 609-0431 607-2695 608-0064 607-2686 808-1775 B08-1076 608-1450 B08-0350 608-0041 B08-1297 B09-0069 609-0482 609-0126 B03-2832 607-2387 608-0322 B09-0148 B09-0611/08-1845/08-00. 608-1393 B07-2994 B06-1706 B06-3420 B08-1192 608-0635 B07-2658 B07-2298/08-0196 607-0689/0688/0689 B07-3130 B08-1741 B08-0341 609-0107/0108 808-1218 B08-1849 B07-3042 607-1635 B07-1444 B09-1013 608-1213 B08-0030/0029 807-3043 B08-1162 B08-1766 807-3192 808-1302 B06-0949 807-3170 B09-0980 29005 40820 40820 40820 40900 41540 41900 42498 42500 41707 40395 42383 26111 26439 26479 26479 26490 26495 26520 26531 26531 26531 26531 26705 26755 27468 27468 27517 27523 27536 27540 27555 27576 29588 29588 29588 29588 29588 27648 27691 42301 42081 WILLISTON CT WINCHESTER RD WINCHESTER RD #1800 WINCHESTER RD #2253 WINCHESTER RD WINCHESTER RD WINCHESTER RD WINCHESTER RD WINCHESTER RD WINCHESTER RD #101 WINCHESTER RD. #A WYANDOTTE ST YNEZ RD YNEZ RD YNEZ RD YNEZ RD #C YNEZ RD #C YNEZ RD YNEZ RD YNEZ RD #B YNEZ RD #B YNEZ RD YNEZ RD YNEZ RD YNEZ RD YNEZ RD #15 YNEZ RD #11 YNEZ RD YNEZ RD YNEZ RD YNEZ RD #J11 YNEZ RD YNEZ RD #H15 YNEZ RD #K3 YNEZ RD YNEZ RD #K13 YNEZ RD #K1 YNEZ RD #K11 YNEZ RD. #A YNEZ RD. ZEVO DR 3RD ST BARCODE #0003050 42079 42081 45946 46205 31755 43085 43938 32391 32344 32414 40380 42445 41521 31121 41538 44651 30815 29560 29685 30492 45587 40339 33434 43175 31356 45521 3RD ST 3RD ST CORTE CARMELLO CORTE OAXACA CORTE PADRERA AGENA ST ALECON CT ALPINE CT ALPINE CT ALPINE CT AMESBURY LN AVENIDA ALVARADO AVENIDA BARCA AVENIDA BUENA SUERTE AVENIDA DE LA REINA AVENIDA DE MISSIONES AVENIDA DEL REPOSO AVENIDA DEL SOL AVENIDA DEL SOL AVENIDA ESTRADA BASSWOOD CT BELLEVUE DR. BITMORE DR BLACKDEER LOOP BLUEBEECH CT BIRCH CT Building Permits 06/14/11 CC Meeting (Image in Laserfiche) B08-0895 B08-1099/0964/0706 B08-0581 808-1027 B07-3292 B08-1056 605-0228 B08-1624 B08-1726/07-3191 B09-0960 B08-0785 B08-1236 B08-0720 B08-1468 B08-1304 B08-1862 B08-1627 B09-0099 607-2517 B08-1461 B08-0626 608-1296 B08-0430 B07-2506 B07-2507 607-2511 B08-1518 B08-1526 B08-1812 B08-1516 B07-3279 B08-1185 B07-2612 B07-3067 B07-3057 B07-3029 B07-3068 B07-3030 B08-0229 B09-0183 B08-0651 B08-1959 609-0798 B09-1353/0127 B09-0984 B10-0379 B09-2014 B10-0243 609-0991 B09-0699 808-0572 B09-1303 B08-1268/10-0512 809-1090 808-1851 809-0722 B10-0002 808-1942 B10-0318 B10-0153 809-1434 B09-1527/1823 B08-1940 809-0845 B09-2032 B10-0235 B08-1174 B09-0918 8 27427 41284 31268 45864 45915 45996 41437 31138 41915 43189 43406 43446 42932 42962 43685 31109 4556 43717 43101 43101 43599 43845 43845 31245 40415 40625 20404 43132 32098 32098 30025 30365 40640 40645 39865 39885 30732 42931 45931 46323 46421 40600 32469 31600 31600 45288 32634 45850 32096 30440 32314 27470 27537 31300 43138 43156 42936 32049 32109 32168 45090 45100 30152 33436 33516 32146 32242 45749 45712 31434 BOSTIK CT BRAVOS CT BRIARWOOD PL BRISTLECONE CT BRISTLECONE CT BRISTLECONE CT BUECKING DR BUNKER DR BUSINESS PARK DR BUSINESS PARK DR BUSINESS PARK DR BUSINESS PARK DR CALA ROSSO CALA ROSSO CALABRO ST CALLE ARROYO VISTA CALLE AYORA CALLE BALMEZ CALLE CAMELLIA CALLE CAMELLIA CALLE DE VELARDO CALLE DE VELARDO CALLE DE VELARDO CALLE FELICIDAD CALLE FIESTA CALLE FIESTA CALLE GALARZA CAMINO CARUNA CAMINO NUNEZ CAMINO NUNEZ CALLE HALCON CALLE HALCON CALLE MADERO CALLE MADERO CALLE MEDUSA CALLE MEDUSA CALLE PINA COLADA CAMINO RUBI CAMINO RUBI CANYON CREST CT CANYON CREST CT CARMELITA CR CASTLE CT CHAMPIONS CR CHAMPIONS CR CHATEAU CT CLEARVAIL DR CLUBHOUSE DR COLD CREEK CT COLVER CT COPPER CREST COMMERCE CENTER DR COMMERCE CENTER DR CORTE ALHAMBRA CORTE ALMONTE CORTE ASTORGA CORTE CABELLO CORTE CARDOZA CORTE CARMELA CORTE CARMELA CORTE CAROLINA CORTE CAROLINA CORTE CARRIZO CORTE EBANO CORTE FIGUEROA CORTE FLORECITA CORTE GARDANO CORTE LERMA CORTE LOBOS CORTE MADERA 810-0249 B09-1344 B10-0490 B09-1628 B09-1704 B09-1898 809-1205 B09-1707 B10-0205 B10-0134 B08-2019 809-1269 B08-1442 809-1260 B08-1989 B10-0487 B10-0524 B09-0683 808-1050 B08-1818 B08-1707 B09-0922 810-0182 B09-1778 809-1313 B09-1342 B09-1473 B09-1870 B09-1640 B09-1805 B09-1694 B09-1325 B09-1509 809-0555 B08-1426 B09-1443 609-1944 B09-1786 B10-0143 809-0779 809-1022 810-0027 B09-1038 808-1031 608-1305 B09-1372 B09-1259 B10-0477 808-2217 B08-1323 810-0489 B10-0535 B10-0095 B08-1183 B08-1933 609-0641 810-0161 B09-0717 809-1233 B09-1004 B10-0213 B09-0728 809-0831 808-1175 B08-2031 B09-1808 B09-0701 810-0233 609-0851 B09-1185 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 31434 CORTE MADERA B10-0193 44890 31515 CORTE RIMOLA 609-1810 42200 31524 CORTE SALINAS B09-0901 42031 32305 CORTE SAN VINCENTE B09-1261 40440 32046 CORTE SOLEDAD B10-0422 41377 32082 CORTE SOLEDAD B09-1928 41501 40393 CORRIGAN PL B09-0792 41555 41305 CRESTA VERDE CT B09-1869 41653 42076 DAHLIA WY B09-0985 42200 30430 DE PORTOLA RD B07-2555 42255 30470 DEL REY RD B09-1979 43053 30673 DEL REY RD B09-1592 43053 31158 DEL REY RD B10-0250 43950 27985 DIAZ RD B08-1859/1861 44092 28061 DIAZ RD 609-1943 46127 40226 DONOMORE CT B09-1488 31107 32727 DORSET CT B08-2139 45506 41830 DRIVER LN B09-1127 43178 31293 DURNEY CT B10-0211 46319 43675 EL FARO PL B09-1049 46333 33370 ELIZABETH LN B09-1222 30648 31527 ENFIELD LN B08-1559 31074 ENTERPRISE CIRCLE NO. 30628 41636 #400 B09-0650 41841 45384 ESCALANTE CT B09-0362 31163 45278 ESPLENDOR CR B09-1020 31173 33018 ESSER CT B09-0642 31183 28545 FELIX VALDEZ B08-0893 31193 32182 FIRESIDE DR B09-0780 33397 32266 FIRESIDE DR B08-0980 39753 43919 FLORES DR 809-0589 31137 41719 FOSSE WY 609-1747 27287 32643 GABBIANO DR B10-0011 27287 40165 GALLATIN CT B09-1746 31201 29843 GATEVIEW CT B10-0118 43957 29457 GEORGETOWN B08-2201 39773 29457 GEORGETOWN B10-0012 28360 41764 GILWOOD CT B09-1328 28464 41960 GREEN TREE RD B09-1725 28465 41960 GREEN TREE RD B10-0423 28500 30554 GREENWAY CR B10-0513 28544 31276 HIAWATHA CT B10-0096 28544 31123 HICKORY PL 610-0152 28657 31315 HICKORY PL B09-1475 28657 31384 HICKORY PL B10-0135 28690 33002 HILL ST B08-1154 28690 40190 HOLDEN CR B09-1294 28900 46158 HUNTER CT B09-0832 28975 30533 IRON BARK CT B09-0902 45524 27315 JEFFERSON AVE #B B09-1821/2122 31432 27355 JEFFERSON AVE #E B09-1641 31957 27415 JEFFERSON AVE 609-1093 30675 27470 JEFFERSON AVE #1A B10-0544 31217 27515 JEFFERSON AVE. B09-1369 45483 27660 JEFFERSON AVE. B09-1560 46259 27710 JEFFERSON AVE. B09-1912 46262 27715 JEFFERSON AVE. B10-0533 41280 27715 JEFFERSON AVE. #105 809-1278 28801 27715 JEFFERSON AVE B10-0155 28805 27720 JEFFERSON AVE. B09-2025 28811 28011 JEFFERSON AVE B09-0803 28829 28129 JEFFERSON AVE 810-0497 28831 28220 JEFFERSON AVE 609-1001 28835 41659 JON WILLIAM WY B09-0702 28837 46199 JON WILLIAM WY B08-0915 28841 28918 KENNEBUNK CT B07-3143 28847 31184 LAVENDER CT B09-0373 28849 30097 LAURIE RAE LN B09-0616 28853 39525 LIEFER RD B09-1638 28857 33969 LYDIA CT 610-0240 28861 9 MACHON RD MAIN ST MAIN ST #A MARGARITA RD MARGARITA RD #104 MARGARITA RD MARGARITA RD #102 MARGARITA RD. #103 MARGARITA RD MARGARITA RD MARGARITA RD MARGARITA RD #6102 MARGARITA RD MARGARITA RD MAPLE DR MARIPOSA PL MASTERS DR MATERA CT MINER TRAIL MINER TRAIL MIRA LOMA MIRA LOMA MOONTIDE CT MORENO RD MOUNTAIN LILAC WY MOUNTAIN LILAC WY MOUNTAIN LILAC WY MOUNTAIN LILAC WY MORNING VIEW NANTUCKET RD NASSAU CT NICOLAS RD. #103 NICOLAS RD. #106 NICOLAS RD NORTHGATE AVE OAK CLIFF DR OLD TOWN FRONT ST. OLD TOWN FRONT ST. #A OLD TOWN FRONT ST. OLD TOWN FRONT ST OLD TOWN FRONT ST. #201 OLD TOWN FRONT ST. #303 OLD TOWN FRONT ST. OLD TOWN FRONT ST. #8 OLD TOWN FRONT ST. #410 OLD TOWN FRONT ST. #420 OLD TOWN FRONT ST. #104 OLD TOWN FRONT ST. OLYMPIC WY PASEO DE LAS OLAS PASEO PARALLON PAUBA RD PAUBA RD PEACOCK PL PINON PINE WY PINON PINE WY PLACE LAFITE PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. PUJOL ST. B09-1529 B09-1085/1086/1087 B10-0066 B09-1850 B09-0852/1056 B08-1673 B09-1472 B09-0794 B10-0421 B09-1639/1549 B10-0151 B10-0189 B08-1168 608-2215 B10-0094 B07-3258 B09-0695 B09-1862 B09-0734 B08-2023 B09-0817 B09-1091 B08-1411 B09-1230 B09-1586 B09-1587 B09-1877 809-1876 B10-0013 B10-0476 609-1193 B09-1119 B10-0380 B09-1871/1872/1873/187 B09-1615 B10-0234 B08-0232/07-3060 B09-1491 B09-0900/1383 B09-1006/1114 B10-0202/09-1025 B08-2205 B09-0626 B09-0466/0800 B10-0539 B09-1275 B09-0783 B07-0620 B08-2028 810-0057 B10-0055 B08-2105 B09-1536 B09-0898 B09-1723 B09-1427 B09-1057 B08-1542 B08-1975 B10-0475 B08-1636/1671 B08-2209 B09-0425 B08-1736 B08-2208 B08-2165 B08-2173 B09-1681 B08-2210/1273 B08-2170 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 28865 PUJOL ST. B09-1677/08-2171 30195 VIA NORTE 609-1555 28869 PUJOL ST. B08-2213 30305 VIA NORTE B09-1852 28873 PUJOL ST. B09-1678/08-2166 30865 VIA NORTE B08-0539 28877 PUJOL ST. B09-1684/08-2163/1640 42013 VIA RENATE B10-0419 28883 PUJOL ST. B08-2167 32010 VIA SALTO B10-0478 28885 PUJOL ST. B09-1667/08-2169 43810 VILLA DEL SUR B09-1132 28887 PUJOL ST. B08-2172/09-1680/08-1976 31805 VINEYARD AVE B09-0815 28893 PUJOL ST. B10-0473 30530 WALEA CT B09-1244 28955 PUJOL ST. B09-0568 31004 WELLINGTON CR B10-0529 42211 PUJOL ST. B09-0612 31954 WILDWOOD CT B09-0859 44501 RAINBOW CYN RD B09-1113 39540 WINCHESTER RD B09-0606 29530 RANCHO CALIF. RD B08-0885 39628 WINCHESTER RD #C B09-1932 29640 RANCHO CALIF. RD B09-0498 39650 WINCHESTER RD #C B09-1566 29676 RANCHO CALIF. RD B09-1047 39804 WINCHESTER RD B08-2111 29720 RANCHO CALIF. RD 609-1111 39804 WINCHESTER RD #B B10-0064 30680 RANCHO CALIF. RD B09-1639 40466 WINCHESTER RD B09-1324 31515 RANCHO PUEBLO B08-2025 40665 WINCHESTER RD #2253 B08-2020 31537 RANCHO PUEBLO B10-0375 40750 WINCHESTER RD 609-1983 30875 RANCHO VISTA RD B08-2040 40754 WINCHESTER RD. #F B09-1343 43084 RANCHO WY B08-2054 40754 WINCHESTER RD B10-0198 42245 REMMINGTON AV #8 609-0812 40756 WINCHESTER RD. #230 609-0278 43533 RIDGE PARK DR B09-1479 40756 WINCHESTER RD #250 B08-2135 42232 RIO NEDO B09-1593 40760 WINCHESTER RD #1800 B09-1697 42274 RIO NEDO #8 B08-2188 40770 WINCHESTER RD. 809-1731 32633 RITTER CT 610-0510 40770 WINCHESTER RD #780 B10-0007 32946 ROMERO DR B09-1218 40770 WINCHESTER RD #750 B09-0028 42065 RUBICON CR B10-0511 40780 WINCHESTER RD B08-0691 33085 SAGE CT 609-1601 40820 WINCHESTER RD #1020 809-1689 45414 SAINT TISBURY ST B08-1970 40820 WINCHESTER RD B09-1062 43355 SAN FERMIN PL B09-1133 40830 WINCHESTER RD B09-1082 29783 SANTIAGO RD B09-1363 40820 WINCHESTER RD B08-1263 31200 SANTIAGO RD 609-1553 41980 WINCHESTER RD B09-1896 30946 SAWGRASS CT B08-1977 27383 VIA INDUSTRIA B09-1545 39618 SERAPHINA RD B10-0238 40705 WINCHESTER RD. #A-5 B09-0531 43146 SERANO DR 609-1123 42265 WINCHESTER RD B10-0536 45802 SHASTA LN B09-1300 42500 WINCHESTER RD B09-0989/1706 30485 SHENANDOAH CT B10-0543 33056 WOLFE ST B10-0403 29210 STONEWOOD RD B08-2114 33350 WOLFE ST B07-2610 42211 STONEWOOD RD B09-1059 33371 WOLFE ST 608-1850 42451 SWOBODA CT B10-0376 32844 WOLFE ST #100 B08-0473 42477 SWOBODA CT 609-1961 44471 WOLFE ST B08-1982 30571 TEMECULA PKWY B10-0063 32030 WOODSIDE CT B10-0381 30679 TEMECULA PKWY B07-0968 32051 WOODSIDE CT B09-1695 31021 TEMECULA PKWY B09-1145 32058 WOODSIDE CT B10-0353 31045 TEMECULA PKWY #104 B09-1415/1274 39877 WORTHINGTON PL B08-0744 31701 TEMECULA PKWY #A B10-0114 26040 YNEZ RD B10-0210 31821 TEMECULA PKWY #C9 810-0299 26411 YNEZ RD B09-1934/1110 31845 TEMECULA PKWY #A 609-1170 26419 YNEZ RD 608-1815/0874/1969 31853 TEMECULA PKWY B10-0010 26431 YNEZ RD B08-2193/2194/2195 31938 TEMECULA PKWY B09-1125 26455 YNEZ RD B09-1364 31960 TEMECULA PKWY B08-1440 26500 YNEZ RD B08-0702 32065 TEMECULA PKWY #C9 B10-0206 26520 YNEZ RD 610-0126 32130 TEMECLUA PKWY B09-1895 27644 YNEZ RD B09-1329 32225 TEMECULA PKWY 809-0716/07-2711 27636 YNEZ RD B10-0212 32240 TEMECULA PKWY B09-1370 27423 YNEZ RD B09-1390/1727 32425 TEMECULA PKWY B09-1413 27636 YNEZ RD 809-2013 32909 TEMECULA PKWY #102 B10-0241 27576 YNEZ RD #H-1 B09-1977 32909 TEMECULA PKWY #102 810-0282 27644 YNEZ RD. #M-6 B09-1314 33145 TEMECULA PKWY B09-0382 27644 YNEZ RD. #M-1 B09-1933 33205 TEMECULA PKWY B10-0091 29320 YNEZ RD B09-1819 41515 TEMECULA HILLS DR B09-1180 42301 ZEVO DR 809-0710 44660 THATCHER CT B09-1346 45353 TIBURCIO DR B09-1140 BARCODE # 0003052 32839 TIEMPO CR B09-1092 40163 ANNAPOLIS DR. B07-1807 28245 TIERRA VISTA RD B09-1703 40168 ANNAPOLIS DR. B07-1801 29873 VAIL BROOK DR. B09-0808 40171 ANNAPOLIS DR. B07-1812 29872 VILLA ALTURAS B10-0092 40176 ANNAPOLIS DR. B07-1803 30277 VA BRISA 808 608 0982 32226 BEAVER CREEK LN B09-0248 46196 VIA LA COLORDA B09-0703 32240 BEAVER CREEK LN B09-0249 29365 VIA NORTE B09-1172 32247 BEAVER CREEK LN B09-0252 10 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 32254 BEAVER CREEK LN 809-0250 44888 POPPY RIDGE DR B08-2147 32261 BEAVER CREEK LN B09-0251 44892 POPPY RIDGE DR B08-2143 32268 BEAVER CREEK LN B09-0020 44896 POPPY RIDGE DR B09-2151 32275 BEAVER CREEK LN B09-0247 31853 RED PINE WY B09-1996 32289 BEAVER CREEK LN B09-0024 31857 RED PINE WY B09-1994 44968 BELLFLOWER LN B09-0756 31861 RED PINE WY 609-1992 44974 BELLFLOWER LN 809-0755 31865 RED PINE WY B09-1993 44977 BELLFLOWER LN B09-0138 31869 RED PINE WY 809-1995 44981 BELLFLOWER LN B09-0143 31893 RED PINE WY B09-1117 44983 BELLFLOWER LN B09-0137 32638 RITTER CT 808-0435 44690 BLUE ROSEMARY B09-1657 32673 RITTER CT B08-1669 44958 BLUE ROSEMARY B09-1656 32693 RITTER CT B08-1666 44962 BLUE ROSEMARY B09-1658 32698 RITTER CT B08-1667 44964 BLUE ROSEMARY B09-1659 32703 RITTER CT B08-1668 46295 CANYON CREST CT B08-1909 46297 SAWTOOTH LN B09-0726 46309 CANYON CREST CT B08-1908 46310 SAWTOOTH LN B09-0725 46323 CANYON CREST CT B08-1907 46337 SAWTOOTH LN 608-1272 46351 CANYON CREST CT B08-1905 46357 SAWTOOTH LN B08-1271 46360 CANYON CREST CT B08-1896 46377 SAWTOOTH LN 809-0959 46374 CANYON CREST CT 608-1897 46387 SAWTOOTH LN B09-0957 46388 CANYON CREST CT 808-1898 31136 SUNFLOWER WY B08-2150 46393 CANYON CREST CT B08-1902 31140 SUNFLOWER WY B08-2142 46402 CANYON CREST CT B08-1899 31144 SUNFLOWER WY B08-2146 46416 CANYON CREST CT B08-1900 31145 SUNFLOWER WY B07-2530 46421 CANYON CREST CT B08-1901/2189 31148 SUNFLOWER WY B08-2145 48337 CANYON CREST CT 608-1906 31152 SUNFLOWER WY B08-2141 32075 COLD CREEK CT 609-1518 31156 SUNFLOWER WY B08-2149 32082 COLD CREEK CT B09-1517 31161 SUNFLOWER WY B09-1429 32096 COLD CREEK CT 609-1513 31163 SUNFLOWER WY B09-1431 32110 COLD CREEK CT B09-1516 31165 SUNFLOWER WY 809-1432 40409 CORRIGAN PL B08-0517 31167 SUNFLOWER WY B09-1430 45847 DAVIANA WY B08-1230 32074 TALL OAK CT 809-0956 45851 DAVIANA WY B08-1233 32084 TALL OAK CT B09-0958 45855 DAVIANA WY B08-1228 32094 TALL OAK CT B09-1298 45859 DAVIANA WY B08-1232 31822 TAMARACK CT 809-0690 45866 DAVIANA WY B07-0220 31826 TAMARACK CT B09-0688 31882 DOMENOE WY B08-1235 31827 TAMARACK CT B09-0936 31886 DOMENOE WY 808-1231 31838 TAMARACK CT B09-0689 31176 LAVENDAR CT B09-0136 31839 TAMARACK CT B09-0937 31180 LAVENDAR CT B09-0141 31846 TAMARACK CT B09-0895 31182 LAVENDAR CT B09-0135 31850 TAMARACK CT 609-0885 31186 LAVENDAR CT 809-0134 31854 TAMARACK CT B09-0884 31188 LAVENDAR CT B09-0140 31858 TAMARACK CT B09-0886 31190 LAVENDAR CT B09-0139 46135 TIMBERMINE LN B09-0048 31192 LAVENDAR CT B09-0133 46139 TIMBERMINE LN B09-0046 32050 LIVE OAK DR B09-1053 46143 TIMBERMINE LN B09-0045 32053 LIVE OAK DR B09-1052 46151 TIMBERMINE LN B08-0049 32061 LIVE OAK DR 809-1054 46163 TIMBERMINE LN B09-0412 32066 LIVE OAK DR 609-1305 46167 TIMBERMINE LN B09-0410 32069 LIVE OAK DR 609-1309 46171 TIMBERMINE LN B09-0409 32074 LIVE OAK DR B09-1307 46175 TIMBERMINE LN B09-0411 32077 LIVE OAK DR B09-1306 46179 TIMBERMINE LN B09-0413 32082 LIVE OAK DR B09-1308 46183 TIMBERMINE LN B09-1319 31806 MURDOCK LN B09-0580 46191 TIMBERMINE LN B09-1317 31814 MURDOCK LN B09-0578 46195 TIMBERMINE LN B09-1315 31810 MURDOCK LN B09-0579 46199 TIMBERMINE LN B09-1316 31818 MURDOCK LN B09-0581 46203 TIMBERMINE LN B09-1318 46162 PINON PINE WY B09-1503 46204 TIMBERMINE LN B09-1441 46172 PINON PINE WY B09-1504 46208 TIMBERMINE LN B09-1439 46222 PINON PINE WY 809-0326 46212 TIMBERMINE LN B09-1438 46229 PINON PINE WY B09-0321 46216 TIMBERMINE LN B09-1440 46232 PINON PINE WY B09-0322 46220 TIMBERMINE LN B09-1442 46239 PINON PINE WY B09-0325 46447 TIMBERMINE LN B09-0047 46249 PINON PINE WY 609-0327 32390 YOSEMITE LN 609-0603 46252 PINON PINE WY B09-0323 32395 YOSEMITE LN B08-1910/0600 46259 PINON PINE WY B09-0324 32404 YOSEMITE LN B09-0601 46262 PINON PINE WY B09-0320 32409 YOSEMITE LN 609-0605 44876 POPPY RIDGE DR 808-2152 32418 YOSEMITE LN B09-0599 44880 POPPY RIDGE DR B08-2144 32423 YOSEMITE LN 609-0602 44884 POPPY RIDGE DR B08-2148 32432 YOSEMITE LN 809-0604 11 SARCODE #0003051 44847 ATHEL WY B09-0262 44851 ATHEL WY B09-0254 44855 ATHEL WY B09-0258 44859 ATHEL WY B09-0259 44863 ATHEL WY 809-0255 44867 ATHEL WY B09-0263 44875 ATHEL WY 609-0264 44879 ATHEL WY 809-0256 44883 ATHEL WY B09-0260 44887 ATHEL WY B09-0261 44891 ATHEL WY B09-0257 44895 ATHEL WY B09-0265 32205 BEAVER CREEK LN B09-0947 32212 BEAVER CREEK LN B09-0945 32219 BEAVER CREEK LN B09-0946 32233 BEAVER CREEK LN B09-0943 32296 BEAVER CREEK LN B09-0022 32303 BEAVER CREEK LN B09-0021 32317 BEAVER CREEK LN B09-0023 44970 BELLFLOWER LN B09-0760 44972 BELLFLOWER LN B09-0759 44978 BELLFLOWER LN B09-0754 44979 BELLFLOWER LN B09-0144 44980 BELLFLOWER LN B09-0758 44982 BELLFLOWER LN B09-0757 44984 BELLFLOWER LN B09-0753 31272 BLACK MAPLE DR B06-2889 44949 BLUE ROSEMARY B09-1742 44953 BLUE ROSEMARY B09-1743 44957 BLUE ROSEMARY B09-1744 44961 BLUE ROSEMARY B09-1733 44965 BLUE ROSEMARY B09-1734 44969 BLUE ROSEMARY 609-1735 44973 BLUE ROSEMARY B09-0977 44977 BLUE ROSEMARY B09-0973 44981 BLUE ROSEMARY B09-0975 44985 BLUE ROSEMARY B09-0976 44989 BLUE ROSEMARY B09-0974 44993 BLUE ROSEMARY B09-0978 45856 BOULDER WY B09-0785 45859 BOULDER WY 809-0784 45864 BOULDER WY B09-0787 45867 BOULDER WY B09-0786 45875 BOULDER WY B09-0789 46074 COYOTE CANYON B09-0019 31826 DOMENOE WY B09-0866 31830 DOMENOE WY B09-0867 31834 DOMENOE WY B09-0879 31838 DOMENOE WY B09-0877 46226 DURANGO DR B09-1203 46240 DURANGO DR B09-1204 44978 HAWTHORN ST B08-1692 44980 HAWTHORN ST B08-1698 44982 HAWTHORN ST B08-1699 44984 HAWTHORN ST B08-1693 32089 HUNTER LODGE LN B09-1338 45883 HUNTER LODGE LN B09-0788 45891 HUNTER LODGE LN B09-1337 45899 HUNTER LODGE LN B09-1335 45907 HUNTER LODGE LN B09-1340 45915 HUNTER LODGE LN B09-1339 45923 HUNTER LODGE LN B09-1334 31165 LAVENDAR CT B09-0295 32058 LIVE OAK DR B09-1055 32066 LIVE OAK DR B09-1305 32069 LIVE OAK DR B09-1309 32074 LIVE OAK DR B09-1307 32077 LIVE OAK DR B09-1306 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 12 32082 LIVE OAK DR B09-1308 32106 LIVE OAK DR B09-1458 32117 LIVE OAK DR B09-1460 32122 LIVE OAK DR B09-1459 46104 LOGGER TRAIL B09-0944 46242 LONE PINE DR B08-0709 46252 LONE PINE DR B08-0427 46262 LONE PINE DR B06-2884 31217 MANGROVE DR B09-0742 31221 MANGROVE DR B09-0737 31222 MANGROVE DR B09-0744 31225 MANGROVE DR B09-0745 31228 MANGROVE DR B09-0741 31229 MANGROVE DR B09-0746 31233 MANGROVE DR B09-0738 31237 MANGROVE DR B09-1256 31241 MANGROVE DR B09-1266 31245 MANGROVE DR B09-1263 31249 MANGROVE DR 609-1257 31250 MANGROVE DR B09-1265 31253 MANGROVE DR B09-1267 31257 MANGROVE DR B09-1264 31258 MANGROVE DR B09-1255 31261 MANGROVE DR B09-1268 31262 MANGROVE DR B09-1262 46128 MAPLE DR. B09-0942 31155 MOUNTAIN LILAC WY B09-1644 31157 MOUNTAIN LILAC WY B09-1648 31159 MOUNTAIN LILAC WY B09-1646 31161 MOUNTAIN LILAC WY B09-1642 31165 MOUNTAIN LILAC WY B09-1645 31167 MOUNTAIN LILAC WY B09-1649 31171 MOUNTAIN LILAC WY 609-1643 31786 MURDOCK LN 609-0880 31790 MURDOCK LN B09-0878 31794 MURDOCK LN B09-0868 31798 MURDOCK LN B09-0869 46169 PINON PINE WY B09-0928 46179 PINON PINE WY B09-0931 46182 PINON PINE WY B09-1505 46192 PINON PINE WY B09-0929 46202 PINON PINE WY B09-0933 46212 PINON PINE WY B09-0927 46242 PINON PINE WY 809-0319 44852 POPPY RIDGE DR B08-1481 44867 POPPY RIDGE DR B09-0277 44868 POPPY RIDGE DR B08-1488 44898 POPPY RIDGE DR B09-0293 32708 RITTER CT 608-1665 32713 RITTER CT B08-1664 32678 RITTER CT B08-1663 40307 ROSEWELL CT B08-1832 46267 SAWTOOTH LN B09-0909 46277 SAWTOOTH LN B09-0912 46280 SAWTOOTH LN B09-0910 46287 SAWTOOTH LN B09-0908 46300 SAWTOOTH LN B09-0727 46307 SAWTOOTH LN B09-0724 46317 SAWTOOTH LN B09-0384 46320 SAWTOOTH LN B09-0385 46327 SAWTOOTH LN B09-0386 46330 SAWTOOTH LN B09-0387 31216 STRAWBERRY TREE LN B09-0739 31224 STRAWBERRY TREE LN 809-0743 31235 STRAWBERRY TREE LN B09-0167 31240 STRAWBERRY TREE LN B09-0166 31243 STRAWBERRY TREE LN B09-0153 31248 STRAWBERRY TREE LN B09-0153 31256 STRAWBERRY TREE LN B09-0168 31267 STRAWBERRY TREE LN 809-0104 Building Permits 06/14/11 CC Meeting (Image in Laserfichej 31295 STRAWBERRY TREE LN B08-1890 44850 CHECKERBLOOM DR B09-0172 31311 STRAWBERRY TREE LN B08-1891 44898 CHECKERBLOOM DR B09-1906 31145 SUNFLOWER WY B07-1586/1587/1588 44906 CHECKERBLOOM DR B09-1902 32086 SYCAMORE CT B09-1336 44941 CHECKERBLOOM DR B09-0887 32114 TALL OAK CT 609-1633 32054 COLD CREEK CT B09-1826 32121 TALL OAK CT 609-1652 32068 COLD CREEK CT B09-1825 32124 TALL OAK CT 609-1651 32103 COLD CREEK CT B09-1516 32131 TALL OAK CT B09-1653 32117 COLD CREEK CT B09-1514 32134 TALL OAK CT B09-1654 27470 COMMERCE CENTER DR. 609-1753 32144 TALL OAK CT B09-1661 27537 COMMERCE CENTER DR. B10-0095 32154 TALL OAK CT B09-1662 27630 COMMERCE CENTER DR. B09-0490 31830 TAMARACK CT 609-0686 27663 COMMERCE CENTER DR. B10-0167 31831 TAMARACK CT 809-0935 40366 CORRIGAN PL B08-0817 31862 TAMARACK CT B09-0896 40374 CORRIGAN PL 608-0819 46235 TIMBERMINE LN B09-1987 40382 CORRIGAN PL 808-0818 46239 TIMBERMINE LN 609-1984 40385 CORRIGAN PL B08-0816 46243 TIMBERMINE LN B09-1981 40409 CORRIGAN PL 608-0517 46247 TIMBERMINE LN B09-1982 40417 CORRIGAN PL 608-0515 46251 TIMBERMINE LN 609-1986 32314 COPPER CREST LANE B08-1752 31922 WILDWOOD CT B09-0012 46004 COYOTE CANYON B08-1753 31933 WILDWOOD CT B08-1429 46018 COYOTE CANYON B08-1750 32002 WOODSIDE CT B09-0407 46046 COYOTE CANYON B08-1751 32009 WOODSIDE CT B09-0406 46060 COYOTE CANYON B08-1755 32016 WOODSIDE CT B09-0405 45847 DAVIANA WAY B08-1230 32023 WOODSIDE CT B09-0408 45851 DAVIANA WAY B08-1233 32030 WOODSIDE CT B09-0553 45870 DAVIANA WAY 607-0217 32044 WOODSIDE CT B09-0551 45874 DAVIANA WAY B07-0214 32051 WOODSIDE CT 609-0550 31842 DOMENOE WAY 609-1378 32058 WOODSIDE CT B09-0772 31846 DOMENOE WAY B09-1374 32065 WOODSIDE CT B09-0774 31850 DOMENOE WAY B09-1376 32072 WOODSIDE CT B09-0773 31858 DOMENOE WAY B09-1379 32079 WOODSIDE CT B09-0776 31862 DOMENOE WAY 609-1373 32086 WOODSIDE CT B09-0775 31866 DOMENOE WAY B09-1375 32437 YOSEMITE LN 609-1202 31870 DOMENOE WAY 609-1377 32446 YOSEMITE LN B09-1201 31874 DOMENOE WAY B08-1234 32451 YOSEMITE LN B09-1190 31878 DOMENOE WAY B08-1229 32460 YOSEMITE LN 609-1192 46254 DURANGO DR B09-1604 46259 DURANGO DR B09-1607 BARCODE #0003053 46268 DURANGO DR B09-1608 45554 BAYBERRY PL B08-0388 46273 DURANGO DR B09-1605 4550046282 DURANGO DR B09-1603 BIRCH CT. B08-0695 4550946287 DURANGO DR 609-1609 BIRCH CT. 608-0696 4551246296 DURANGO DR B09-1606 BIRCH CT. 608-0694 4552146310 DURANGO DR 609-1950 BIRCH CT. B08-0698 4552446324 DURANGO DR 609-1953 BIRCH CT. B08-0697 46338 DURANGO DR B09-1948 31205 BLACK MAPLE DR B09-1623 31209 BLACK MAPLE DR B09-1621 46352 DURANGO DR B09-1951 31213 BLACK MAPLE DR B09-1624 46366 DURANGO DR B09-1952 31217 BLACK MAPLE DR B09-1619 4639446380 DURANGO DR 609-1954 1949 31218 BLACK MAPLE DR 809-1620 32135 GRANITE DURANGO DR B08-0620 31225 BLACK MAPLE DR 609-1622 32135 GRANITE DR B08-0620 31226 BLACK MAPLE DR B09-1904 31752 GREEN OAK WAY B08-1769 31234 BLACK MAPLE DR 609-1907 3175631764 GREEN OAK WAY B08-1768 31238 BLACK MAPLE DR B09-1903 27600 GREEN OAK WAY B08-1772 0454 31246 BLACK MAPLE DR B09-1736 315 JEFFERSON AVE 609-1693 31260 BLACK MAPLE DR B09-1740 27315 JEFFERSON AVE #B B09-1693 45800 BOULDER WAY 609-0285 27713 JEFFERSON AVE #105 B09-1865 31159 LAVENDER CT B08-1696 45816 BOULDER WAY 609-0279 45824 BOULDER WAY 609-0286 31161 LAVENDER CT 608-1697 45832 BOULDER WAY B09-0283 31163 LAVENDER CT 608-1691 45840 BOULDER WAY B09-0281 31166 LAVENDER CT B08-1689 31168 LAVENDER CT 608-1694 45843 BOULDER WAY B09-0280 45848 BOULDER WAY B09-0287 31170 LAVENDER CT 608-1688 45851 BOULDER WAY B09-0284 31172 LAVENDER CT 608-1688 43599 CALLE DE VELARDO B07-2844 31178 LAVENDER CT 609-0142 46337 CANYON CREST CT. B08-1792 32085 LIVE OAK DR B09-11468468 46379 CANYON CREST CT. 608-1798 32090 LIVE OAK DR 609-1464 44837 CHECKERBLOOM DR B09-0171 32093 LIVE OAK DR 609-1466 32098 LIVE OAK DR B09-1467 44842 CHECKERBLOOM DR 809-0156 44845 CHECKERBLOOM DR B09-0155 32101 LIVE OAK DR 609-1465 13 32114 LIVE OAK DR 46101 MAPLE DR 46107 MAPLE DR 46113 MAPLE DR 46119 MAPLE DR 46125 MAPLE DR 31169 MOUNTAIN LILAC WY 31175 MOUNTAIN LILAC WY 31177 MOUNTAIN LILAC WY 31179 MOUNTAIN LILAC WY 31181 MOUNTAIN LILAC WY 31185 MOUNTAIN LILAC WY 31187 MOUNTAIN LILAC WY 31189 MOUNTAIN LILAC WY 31191 MOUNTAIN LILAC WY 31806 MURDOCK LN 31810 MURDOCK LN 31814 MURDOCK LN 31818 MURDOCK LN 28522 OLD TOWN FRONT ST #C 28690 OLD TOWN FRONT ST 370D 46032 PASEO GALLANTE 31444 PENNANT COURT 45485 PIUTE ST 46149 PINON PINE WAY 46152 PINON PINE WAY 46159 PINON PINE WAY 32242 PLACER BELAIR 44856 POPPY RIDGE DR 44857 POPPY RIDGE DR 44860 POPPY RIDGE DR 44861 POPPY RIDGE DR 44864 POPPY RIDGE DR 44865 POPPY RIDGE DR 44877 POPPY RIDGE DR 44881 POPPY RIDGE DR 44885 POPPY RIDGE DR 41040 PROMENADE CHARDONNAY 28801 PUJOL ST. 28819 PUJOL ST. 28853 PUJOL ST. 28829 PUJOL ST. 28847 PUJOL ST. 28845 PUJOL ST. 28873 PUJOL ST. 28805 PUJOL ST. 28865 PUJOL ST. 28861 PUJOL ST. 28867 PUJOL ST. 28837 PUJOL ST. 28877 PUJOL ST. 28885 PUJOL ST. 28839 PUJOL ST. 28835 PUJOL ST. 28811 PUJOL ST. 28821 PUJOL ST. 28883 PUJOL ST. 28849 PUJOL ST. RANCHO CALIFORNIA RD 28481 #109 RANCHO CALIFORNIA RD 31915 #300 43124 RANCHO WAY 32083 RED MOUNTAIN WAY 42148 REMINGTON AVE #B 42225 REMINGTON AVE #13 32654 RICHART CT 32664 RICHART CT 32674 RICHART CT 42122 RIO NEDO B09-1461 B09-1828 B06-1760 B06-1759 B06-1761 B09-1827 B09-1647 B09-1842 609-1846 B09-1844 B09-1840 B09-1843 B09-1847 B09-1877 B09-1841 B09-0580 B09-0579 B09-0578 B09-0581 B09-1738 B10-0156 B09-2006 B09-1939 B09-1350 B09-0930 B09-0932 B09-0934 B09-0006 B08-1485 B08-1490 B08-1484 B08-1482 B08-1480 B08-1486 B08-1487 B08-1483 B08-1491 B09-1724 B09-0115 B07-3267 B07-3269 B07-3266 B07-3272 807-3271 608-1020 B07-3265 B08-1253 B08-1252 B08-1254 B07-3268 B07-3270 B08-1250 B08-1249 B07-3263 B07-3262 B07-3264 808-1036 B08-1264 B09-1781 B09-1962 B09-0863 B08-1561 609-1752 B09-2002 B09-1957 609-1958 B09-1959 B09-1942 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 14 42327 32623 32683 32708 31200 31438 46410 46420 45698 45706 45725 45723 45789 30513 31232 31251 31264 31272 31287 31238 32089 32118 32121 32129 32128 32134 32137 32142 32091 32101 32104 32111 32141 32151 31834 33321 46211 46215 46219 46223 46227 45292 27262 43841 43841 45653 41162 29881 31724 31589 31917 31925 31930 39628 40390 40758 40820 40820 40820 40820 40820 40820 41125 41615 41707 41715 42429 42500 42500 45744 RIO NEDO RITTER COURT RITTER COURT RITTER COURT SANTIAGO RD SANTIAGO RD SAWTOOTH SAWTOOTH SHASTA LN SHASTA LN SHASTA LN SHASTA LN SHASTA LN SOUTHERN CROSS RD STRAWBERRY TREE LANE STRAWBERRY TREE LANE STRAWBERRY TREE LANE STRAWBERRY TREE LANE STRAWBERRY TREE LANE SUNNINGDALE DR SYCAMORE CT SYCAMORE CT SYCAMORE CT SYCAMORE CT SYCAMORE CT SYCAMORE CT SYCAMORE CT SYCAMORE CT TALL OAK TALL OAK TALL OAK TALL OAK TALL OAK TALL OAK TAMARACK CT. TEMECULA PARKWAY #103 TIMBERMINE LANE TIMBERMINE LANE TIMBERMINE LANE TIMBERMINE LANE TIMBERMINE LANE TOURNAMENT LANE VIA INDUSTRIA VIA MONTALBAN VIA MONTALBAN VIA PUEBLA VIA PUERTA VIA PUESTA DEL SOL VIA SAN CARLOS VIA SANTA INES WILDWOOD CT WILDWOOD CT WILDWOOD CT WINCHESTER RD #G WINCHESTER RD WINCHESTER RD #A WINCHESTER RD #2296 WINCHESTER RD #FC3 WINCHESTER DR #1010 WINCHESTER RD. #2150 WINCHESTER RD. #2270 WINCHESTER RD. #1440 WINCHESTER RD. B4 WINCHESTER RD WINCHESTER RD. #204 WINCHESTER RD. #203 WINCHESTER RD. WINCHESTER RD. WINCHESTER RD. WOLF CREEK DR. N 610-0150 B08-0437 B08-1670 608-1665 B10-0146 B09-1980 B09-1297 B09-1299 B09-0071 B09-0070 B08-0846 B08-0848 B08-1532 610-0348 B09-0169 609-0170 608-1703 B08-1700 808-1701 B08-1679 B09-1338 B09-2007 B09-2012 609-2010 609-2009 609-2015 609-2016 B09-2011 B09-1296 B09-1634 B09-1631 609-1632 B09-1660 B09-1663 B09-0687 B10-0200 B09-1451 B09-1449 B09-1447 809-1448 609-1450 B09-2008 B09-2003 B09-1894 609-1927 B09-2028 B10-0068 1310-0053 610-0062 B09-1999 B09-0010 609-0009 809-0011 609-1924 B09-1779 B08-1288 B09-1801 809-1964/609-1855 809-1780 B10-0344 B10-0004 809-1909 610-0157 810-0105 610-0317 609-1754 B10-0069 1309 -1219/B09 -0429/B09• B07-3234 607-3076 33371 32832 31988 32037 32065 26090 26111 26407 26411 26419 26459 26487 26490 26495 26531 26531 26531 26531 WOLFE ST WOLF STORE RD. WOODSIDE CT. WOODSIDE CT. WOODSIDE CT. YNEZ RD. YNEZ RD. B-20 YNEZ RD YNEZ RD YNEZ RD YNEZ RD #C YNEZ RD #F YNEZ RD #J YNEZ RD YNEZ RD. YNEZ RD #A YNEZ RD. #B YNEZ RD #E 27423 YNEZ RD #103 40820 YNEZ RD. #2230 33151 YUCCA ST BARCODE #0003054 42422 AGENA ST 44260 APIS 41755 31030 41466 41837 27246 27248 44278 31099 45649 43717 40595 30325 33254 30767 43177 45679 40251 41810 31078 31866 42173 42197 45816 45886 46374 40391 32466 45817 32241 29919 43037 43084 33433 32069 32064 45736 43391 31684 32196 44713 32003 31690 45048 31695 29960 ASTEROID AVENIDA DEL REPOSO BIG SAGE CT BOREALIS DR BRANDON LN BRANDON LN CABO ST CALLE ARAGON CALLE AYORA CALLE BALMEZ CALLE FIESTA CALLE HALCON CALLE LANGARICA CALLE PINA COLADA CAMINATA DR CAMINITO OLITE CAMINO CAMPOS VERDES CAMINO DE LA TORRE CAMINO DEL ESTE CAMINO MAREA CAMINO ROMO CAMINO ROMO CAMINO RUBI CAMINO RUBI CANYON CREST CT CARMELITA CT CASSINO CT CLUBHOUSE DR CORTE CARMELA CORTE CASTILLE CORTE DAVILA CORTE DAVILA CORTE FIGUEROA CORTE FLORECITA CORTE LA PUENTA CORTE LOBOS CORTE RIALTO CORTE ROSARIO CORTE SABRINAS CORTE SANCHEZ CORTE SPARKMAN CORTE TORTOSA CORTE ZORITA DANE CT DEL REY RD B08-0541 B09-0439 608-0428 B09-0552 B09-1938 609-1886 B10-0139 B09-0997 B09-0546 B08-1336 B10-0471 609-0002 609-1437 B10-0127 Building Permits 06/14/11 CC Meeting (Image in Laserfiche) 30470 30758 46310 46450 42103 45384 45278 28464 44849 33031 32585 31396 32737 32749 B09 -0661/B09 -1474/B07-236446211 B10-0058 27489 B09-1834 B09-1931/609-1930 B09-0752 B09-1739 B09-2031 B10-1247 B10-0960 B10-1126 B10-1060 B10-1197 B10-0962/1086 B10-1061 B10-0975 610-0818 B10-0890 B10-0966 1310-0965 B10-0891 B10-1245 610-1225 B10-0991 B10-1174 B10-1148 B10-0971 B10-1169 B10-0972 B10-1217 B10-1114 B10-0967 B10-0964 810-0978 B10-1118 B10-0998 B10-1053 B10-1133 B10-1235 B10-1081 B10-1142 B10-1134 B10-1047 B10-1236 B10-1119 B10-0995 B10-0892 B10-1237 B10-0992 B10-0852 B10-1088 B10-1173 B10-1248 B10-1036 B10-1141 15 27645 45778 44599 30061 32074 42160 42164 42168 42172 42176 42180 42184 42188 42192 45707 41000 42030 33646 41623 42197 46305 45656 42544 28778 28690 28780 29073 31392 33027 45838 45920 33001 31280 41237 44793 44798 44503 45616 27064 29740 31795 42620 32698 30903 43355 29775 32810 45713 30376 41889 32928 32074 32144 DEL REY RD DEL REY RD DURANGO DR DURANGO DR ELGIN CT ESCALANTE CT ESPLENDOR CT FELIX VALDEZ RD FERN CR GAROLI PASS GUEVARA DR HICKORY PL HUPA DR HUPA DR JANE PL JEFFERSON AVE JEFFERSON AVE JERONIMO ST JOHNSTON DR LAURIE RAE LN LIVE OAK DR LYNDIE LN LYNDIE LN LYNDIE LN LYNDIE LN LYNDIE LN LYNDIE LN LYNDIE LN LYNDIE LN LYNDIE LN MAGNOLIA PL MAIN ST MAIN ST MAPLEWOOD CT MARGARITA MARGARITA MINER TRAIL MUIRFIELD DR MUSILEK PL OAK PARK LN OLD TOWN FRONT ST OLD TOWN FRONT ST C5 OVERLAND DR PAHUTA ST PARAGUAY DR PASEO GALLANTE PASEO GALLANTE PATERNO ST PESCADO DR PINE TREE CR POTESTAS DR POTESTAS DR RAINBOW CANYON RD RAINBOW CANYON RD RAINBOW CREEK DR RANCHO CALIFORN RD RANCHO CALIFORNIA RD #400 RIO NEDO RITTER CR RIVERTON LN SAN FERMIN PL SANTIAGO RD SASKIA PASS SIERRA CT SIERRA MADRE DR SKYWOOD DR SOTELO DR TALL OAK CT TALL OAK CT B10-1208 610-1207 B10-1127 B10-0935 B10-0981 B10-1149 B10-1170 B10-1080 B10-0893 B10-0973 B10-1172 B10-1062 B10-1074 B10-1075 B10-1012 B10-1151 B10-1198 B10-0985 B10-1238 610-0963 B10-1057 B10-1045/1210 1310-1042/1209 610-1043/1206 B10-1046/1211 B10-1025/1213 B10-1041/1214 B10-1044/1212 B10-1039/1215 B10-1040/1216 B10-1168 B10-1154 B10-0977 B10-1239 B10-1204 B10-1051 B10-1083 B10-0986 610-0938 610-1034 B10-1250 B10-0939/1085 B10-1232 B10-1120 B10-1038 B10-0894 810-0993 B10-1240 B09-1910/1911 B10-1082 B10-1241 B10-1242 610-0301 B10-1188 B10-0968 B10-1187 B10-1087/1115 610-1064 B10-1049 B10-0996 B10-1125 B10-0767 B10-0974 B10-1011 B10-1035 B10-0895 B10-0994 610-1079 B10-1167 31837 31960 32705 32835 32909 32819 30571 31093 45342 46363 46366 46376 46386 46393 46403 28841 31651 31760 29887 30495 41090 42950 31160 40391 40820 41707 40756 40756 32848 33119 42380 41956 41956 TEMECULA PARKWAY TEMECULA PARKWAY TEMCEULA PARKWAY TEMECULA PARKWAY TEMECULA PARKWAY #102 TEMECULA PARKWAY A TEMECULA PARKWAY C TEMECULA PARKWAY D6 TESIBEN CT TETON TRAIL TETON TRAIL TETON TRAIL TETON TRAIL TETON TRAIL TETON TRAIL VALLEJO AV VALONE CT VIA CAMPANARIO VIA NORTE VIA NORTE VINTAGE CR VIRGO CT WELLINGTON CR WENHAM WY WINCHESTER RD WINCHESTER RD #203 WINCHESTER RD #280 WINCHESTER RD #290 WOLF STORE RD C WOLFE ST ZEVO DR 3RD ST 3RD ST Building Permits 06/14/11 CC Meeting (Image in Laserfiche) B10-1110 B10-1054 B10-1084 B10-1234/1063 B10-1205 B10-0997 B10-1196 B10-0970 B10-1243 B10-0952 B10-0945 B10-0946 B10-0947 B10-0949 B10-0948 B09-1897 B10-1244 B10-1218 B10-1135 B10-1050 B10-1111 810-1070 B10-1109 B10-0976 B10-1136 B10-1202 B10-1009 B10-1010 B10-0953 B10-0866 B10-1100 B10-1226/1195 B10-1195 16 TO: Susan W. Jones, MMC, City Clerk FROM: Gwyn R. Flores, Records Manager DATE: June 14, 2011 SUBJECT: Request for Destruction of Records Attached °Exhibit C" is a listing of records maintained in the City's Fire Prevention Division. These documents have been identified in Record Series 1302-08 (list attached) and have been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in Resolution No. 07-02. The imaging of these records complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090 et seq., I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: APPROVED: City Attorney: Sea Dat in, Fire Marshall 7 , 01 Peter Thorson ;// 1.2 R:lformsldesttuct. rqs EXHIBIT "C" CITY OF TEMECULA FIRE PREVENTION DIVISION 06/14/11 CC DESTRUCTION BarcodelBox Number Date Brief Description Tuff/Records Series List Attached Various Fire Permits 1302-08/P Image in Laserfiche List Attached Various Fire Plans 1302-081P Image in Laserfiche "EXHIBIT C" CITY OF TEMECULA FIRE PREVENTION 06/14/11 CC DESTRUCTION Records Description/Fire Permits Barcode/Container Number 40820 Winchester Rd. Kiosk to Suite 1030 0001496 40820 Winchester Rd. Suite 1040 to 1110 0001498 40820 Winchester Rd. Suite 1130 to 1300 0001500 40820 Winchester Rd. Suite 1310 to 1450 0001503 40820 Winchester Rd. Suite 1460 to 1650 0001504 40820 Winchester Rd. Suite 1850 to 1940 0001505 40820 Winchester Rd. Suite 2240 to 2270 0001506 40820 Winchester Rd. Suite 2320 to 2380 0001507 40820 Winchester Rd. Suite 2620 to 2710 0001508 PA01-0134 to PA01-0233 0001509 PA01-0611 to PA0653 & PR04-0001 to PR04-0007 0001502 43034 Brighton Ridge Ln. to 41093 County Center Dr. 0001512 40820 Winchester Rd. 0001514 40820 Winchester Rd. Ste. 1660 to 1850 0001516 40820 Winchester Rd. Ste. 2272 to 2310 0001517 40820 Winchester Rd. Ste. 2390 to 2610 0001519 41750 to 42092 Winchester Rd. 0001520 41269 to 41413 Margarita Rd. 0001524 31773 Highway 79S to 31075 Jedediah Smith Rd. 0001527 43707 Alcoba Dr. to 27447 Bostik Ct. 0001528 41811 to 41866 St. Thomas Ct. 0001548 31925 Penguin Pl. to 30530 Rancho California Rd. 0001549 41649 Margarita Rd. to 41892 Motor Car Pkwy. 0001531 40620 Winchester Rd. 0001532 43445 Los Caballeros 0001533 41906 Remington Ave. to 1 Ridgegate Dr. 0001534 29880 Los Nogales Rd. to 42051 Main St. 0001535 30630 Rancho Califomia Rd. to 41906 Remington Ave. 0001537 41925 Motor Car Parkway to 30470 Pauba Rd. 0001538 29720 Ynez Ct. to 30667 MAP 0001539 32824 Wolfe Store Rd. to 26690 Ynez Rd. 0001540 39054 Rimrock Ranch to 29775 Santiago Rd. 0001541 40695 Winchester Rd. to 32820 Wolfe Store Rd. 0001542 PA01-0372 to PA01-0492 0001543 31213 Highway 79S, 40820 Winchester Rd., 26531 Ynez Rd. 0001545 Misc. files 0001919 27270 Madison Ave. 0001920 27290 Madison Ave. 0001921 JC Penny/Mall 0001922 40517 to 40551 Margarita Rd. 0001923 27270 Madison Ave. 0001924 41577 Margarita Rd. and 4223 Sarah Way 0001926 26531 Ynez Rd. 0001927 31300 Rancho Community Way 0001928 Misc. Files 0001929 PA99-0284, PA00-0470 & PA01-0452 0001931 40820 Winchester Rd. 0001932 26531 Ynez Rd. 0001933 32020 Highway 79S & 27460 Bostik Ct. 0001934 27290 Madison Ave. 0001935 26531 Ynez Rd. 0001936 31300 Rancho Community Way 0001937 30677 Map — 26531 Ynez Rd. 0002077 43938 Alencon Ct. — 31524 Corte Salinas 0002499 40761 County Center Dr. — 27590 Jefferson Ave. 0002500 27600 Jefferson Ave. — 27287 Nicolas Rd. 0002501 45647 Masters Dr. — 28910 Pujol St. 0002502 Page 1 of 5 30590 Rancho California Rd. — 28835 Single Oak Dr. 0002503 42191 6`" St. — 41915 3rd St. 0002504 27455 Tierra Alta Way — 39584 Winchester Rd. 0002505 39606 Winchester Rd. — 39694 Winchester Rd. 0002506 39650 Winchester Rd. — 40688 Winchester Rd. 0002507 40695 Winchester Rd. —40760 Winchester Rd. 0002508 26419 Ynez Rd. — 27576 Ynez Rd. 0002509 Savannah @ Harveston 0002510 44278 Cabo Street — 26531 Ynez Rd. 0002511 Rolled Fire Plans Boxes 27 — 33: Records Description/Fire Rolls Permit Number 28544 OId Town Front St. #100 B08-1713/15 27565 Diaz Rd. B09-1692 40820 Winchester Rd., Ste. 1010 B09-1780 40820 Winchester Rd., Ste. 1110 B09-1893 40820 Winchester Rd., Ste. 2230 B09-1739 40760 Winchester Rd., Ste. 280/290 B10-0209 26531 Ynez Rd. Bldg. A B10-0180/81 31963 Rancho Califomia Rd., Ste. 100-101 B10-0284 40820 Winchester Rd. B07-3312 43950 Margarita Rd. #D B08-1168 31087 Nicolas Rd. B07-3011 26419 Ynez Rd. B08-1336 28220 Jefferson Ave. B07-2577 29119 Margarita Rd. B07-2973 43599 Calle De Velardo B07-2844 27375 Via Industria Bldg. M1 B09-1320 28410 OId Town Front St., Ste. 101 B09-1224 31045 Temecula Parkway #101-102 B09-1189 41125 Winchester Rd. #A3 B09-1183 26531 Ynez Rd. B09-1144 27313 Via Industrial #K2 B90-0527 42374 Avenida Alvarado B09-1345 28544 OId Town Front St. #103 B08-1973 40820 Winchester Rd. #1240 B09-0920 26411 Ynez Rd. B09-0546 40820 Winchester Rd. #2130 B09-0598 28835 Pujol St. B08-2156 27476 Via Industria B09-1195 42015 Remington Ave., Ste. 101 B09-0782 26531 Ynez Rd. B09-0661 32240 Temecula Parkway, Ste. 200 B09-0640 26455 Ynez Rd. B09-1080 31537 Rancho Pueblo #102 B09-1356 26531 Ynez Rd. #E B09-1474 40770 Winchester Rd., #790 B09-1355 31493 Rancho Pueblo #202 B09-1483 40820 Winchester Rd. #2030 B09-1428 30610 Rancho California Rd. B09-1591 41501 Margarita Rd. B08-1673 41955 5" St. B08-2179 27267 Nicolas Rd. #104 B09-0016 27600 Jefferson Ave. B09-0454 32105 Temecula Parkway B09-0500 26531 Ynez Rd. #E B09-1931 40573 Margarita Rd. #D B09-1691 27381 Via Industria B09-1975 40820 Winchester Rd. #1440 B09-1909 40820 Winchester Rd. #1120 B09-1595 Page 2 of 5 28220 Jefferson Ave. B07-2577 28811 Pujol St. B07-3262-75 28544 Old Town Front St. #302 B08-2005 TR32437-2 B10-0426-32 27286 Via Industria #200 B10-0872 27540 Ynez Rd. #J1 B10-0816 40820 Winchester Rd. #1050 B10-0199 40780 Winchester Rd. B08-0691 28544 Old Town Front St. #306 B09-1270 31853 Temecula Parkway B10-0010 41980 Winchester Rd. B09-1990 41793 Nicole Ln. B09-0092 41437 Buecking Dr. B09-1207 29290 Vallejo Ave. B09-1588 41955 5`" St. #102 B09-1635 41888 Motor Car Parkway B07-2490 28910 Pujol St. B07-3152 40435 Winchester Rd. B10-0283 27287 Nicolas Rd. #106 B10-0144 28465 Old Town Front St. #102 B10-0355 31293 Dumey Ct. B10-0211 40820 Winchester Rd.#2255 B10-0268 32909 Temecula Parkway #102 B10-0241 TR32436-1 B10-1286-89 42500 Winchester Rd. B07-3234 27548 Commerce Center Dr. #A -J B08-1277 to 1287 41636 Enterprise Circle N B09-0650 26455 Ynez Rd. B09-1364 29720 Via Norte B10-0735 30470 Del Rey Rd. B10-0857 27383 Via Industria B09-1033 28544 Old Town Front St. B07-3300 32225 Temecula Parkway B07-2711 40750 Winchester Rd. B09-1311 28845 Pujol St. B08-2164 28771 Pujol St. 808-0634 28071 Diaz Rd. #B1 B08-2214 27321 Via Industria #L1 B09-0528 26427 Ynez Rd. B09-1368 40760 Winchester Rd. #180 B09-1221 42500 Winchester Rd. B09-1382 41493 Margarita Rd. #105A B09-1512 40820 Winchester Rd. #1610 B09-1234 31161 Sunflower Way B09-1429 & 1432 31850 Calle Saragoza 809-1409 26531 Ynez Rd. B09-1732 28544 Old Town Front St. B07-2558 26531 Ynez Rd. #E 809-1930 40820 Winchester Rd. #2253 B09-1955 40770 Winchester Rd. #780 B09-1889 43448 Business Park Dr. B09-1960 27378 Via Industria #D B09-1208 27398 Via Industria B09-1209 27440 Via Industria B09-1210 42500 Winchester Rd. B09-1219 29740 Rancho Califomia Rd. 809-1184 40756 Winchester Rd. #290 B10-0342 30640 Moontide B10-0175 40756 Winchester Rd. #280 B10-0343 40820 Winchester Rd. #2120 B10-0099 40460 Wgasa Place B10-0377 28975 Old Town Front St. #100 B10-0512-13 26531 Ynez Rd. A B10-0588 Page 3 of 5 31960 Temecula Parkway B10-0485 26610 Ynez Rd. B10-0160 29740 Rancho Califomia Rd. B10-0606 30903 Del Rey Rd. B10-0710 27286 Via Industria #100 B10-0636 40426 Winchester Rd. B10-0620 23065-3 Map B10-0194-97 40754 Winchester Rd. #350 B09-1343 27699 Jefferson Ave. #207 B10-0054 32705 Temecula Parkway #100 B10-0520 40820 Winchester Rd. #1020 B09-1973 30433 Cabrillo Ave. B08-2010/2046 28544 Old Town Front St.#301 B08-2004 41793 Nicole Lane _ _ _ B08-1711 40705 Winchester Rd. #A5 B09-0531 44040 Jeramie Dr. B10-0149 39865 Calle Medusa B10-1067 32225 Temecula Parkway B07-2711 26520 Ynez Rd. B10-0204 40935 County Center Dr. #A,B B09-0938 41280 Placer Lafite B10-0650 24188 MAP B10-1129-31 26531 Ynez Rd. #B B09-1272 42605 Musilek B10-1536 32436 MAP B10-1143 to B10-1146 31280 Pescado Dr. B09-1910-1911 27464 Jefferson Ave. B10-0304 40820 Winchester Rd. #1560 B10-0272 24188 MAP B10-1121 to B10-1124 31537 Rancho Pueblo Rd. #240 B10-0375 24188 MAP B10-1404 26531 Ynez Rd. #B B09-1836-1838 31161 Sunflower Wy. B09-1429-1432 26531 Ynez Rd. #B B10-0080 26531 Ynez Rd. #B B09-1831 43040 Margarita Rd. B10-0803 26531 Ynez Rd. B10-1703 42500 Winchester Rd. B07-1709 43599 Calle De Velardo 808-1707 31527 Enfiled Ln. B08-1559 42081 3`° St. B09-0609 39865 Calle Medusa B10-0737 41793 Nicole Ln. B09-0092 29783 Santiago Rd. B09-1363 44501 Rainbow Canyon Rd. B09-1553 40820 Winchester Rd. #1020 B09-1973 41493 Margarita Rd. #105A B09-0512 40764 Winchester Rd. #580 B09-1891 30433 Cabrillo Ave. B08-2010/2046 28975 Old Town Front St. B07-0620 41900 Winchester Rd. #100 B09-1946 39340 Jessie Cr. 809-1888 41719 Fosse Wy. B09-1747 40820 Winchester Rd. #2262 B10-0098 39865 Calle Medusa B09-1443 43920 Butterfield Stage Rd. #100 809-1005 30492 Avenida Estrada B09-1527 41280 Placer Lafite B09-1057 40820 Winchester Rd. #1210 B08-2128 28690 Mercedes St. B08-0106 30865 Via Norte B08-0539 31946 MAP B06-3232 28955 Pujol St. B10-0037-0049 Page 4 of 5 40820 Winchester Rd. #2150 B10-0242 27280 Via Industria A & B B10-0252 27287 Nicolas Rd. #104 B10-0314 26531 Ynez Rd. #E B10-0346 41520 Margarita Rd. B09-1963 27699 Jefferson Ave. #207 B10-0054 30815 Avenida Del Reposo B10-0318 40820 Winchester Rd. B10-0302 33321 Temecula Parkway#101-102 B10-0247-0248 Page 5 of 5 TO: Susan W. Jones, MMC, City Clerk FROM: Gwyn R. Flores, Records Manager DATE: June 14, 2011 SUBJECT: Request for Destruction of Records Attached "Exhibit D" is a listing of records maintained in the City's Finance Department. These documents have been identified in various Retention Groups (list attached). These records are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in City Council Resolution No. 07-02. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Govemment Code Section 34090 et seq., I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: APPROVED: City Attorney: Genie R.be , Director of Finance 1/ Date P M. ThorsoQ,,)/ e R:\forms\destnict.rgs EXHIBIT "D" CITY OF TEMECULA FINANCE DEPARTMENT 06/14/11 Date Item Reference Brief Description Records Series Reference#/Retention 2001-2002 0001381 Budget Working Papers 205-01/C+2 2002-2003 0001383 Budget Working Papers 205-01/C+2 2007-2008 0003129 Budget Working Papers 205-01/C+2 2007-2008 0003123 Budget Working Papers 205-01/C+2 1990-2000 0003772 A/P 401-06/4AA Forms 1099, 1098, 1096 & Weed Abatement 1999-2005 0003773 A/P 401-06/4AA Forms 1099, 1098, 1096 2001-2002 0001181 A/P 401-06/4AA Cash Reg Voucher, Invoice Editing/Posting/Final Check List 1995-2004 0003151 A/R Revenue 401-07/4AA Mello Roos, Assessment, Weed Abatement 2004-2007 0002755 A/R 401-07/4AA DUI & OTX Reimbursements 2004-2005 0002142 NR 401-07/4AA 0 -Z 2004-2005 0001616 Cash Receipts 402-02/4AA Posting Lists 2004-2005 0001617 Cash Receipts 402-02/4AA Posting Lists 2006-2007 0002826 Bank Statements 403-02/4AA July — June 2004-2005 0001586 Timesheets 404-04/6AA 2004-2005 0001587 Timesheets 404-04/6AA 2004 0001588 Timesheets 404-04/6AA 2004-2005 0001691 PB Daily Workup 408-05/4AA TOT 409-12/4AA 2005-2006 0001687 Daily Workup 408-05/4AA 1996-2005 0002922PB Sales Tax 409-11/4AA 1999-2004 0001601 TOT 409-12/4AA 2006-2007 0002921 TOT 409-12/4AA 1996-2001 0001267 GFOA Budget & CAFR 1501-14/C+2 1995-2001 CSFMO Budget, CIP, CAFR 1502-42/C+2 2001-2002 CDBG 209-02/4AC 2002 Risk Management Reports 305-02/3AS 2003-2004 0000996 Bank Reconciliation 403-02/4AA Deposit Accounts 401-19/7AA 2000-2001 0002742 Revenue Manager Files 205-01/C+2 2005-2006 2004 - 2006 0002552 Revenue Manager Files 205-01/C+2 2003 - 2006 0002553 Revenue Manager Files 205-01/C+2 2003 - 2005 0002554 Revenue Manager Files 205-01/C+2 2004 - 2007 0002555 Revenue Manager Files 205-01/C+2 2004 - 2005 0002556 Revenue Manager Files 205-01/C+2 2005 -2006 0002557 Revenue Manager Files 205-01/C+2 2005 - 2006 0002588 Accountants Files 205-01/C+2 2005 - 2006 0002589 Accountants Files 205-01/C+2 1 TO: Susan W. Jones, MMC, City Clerk FROM: Gwyn R. Flores, Records Manager DATE: June 14, 2011 SUBJECT: Request for Destruction of Records Attached "Exhibit E" is a listing of records maintained in the City's Public Works Division. These documents have been identified in various Retention Groups (list attached) and have been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in Resolution No. 07-02. The imaging of these records complies with the requirements of Govemment Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Govemment Code Section 34090 et seq., I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: APPROVED: City Attorney: R:\forms\destruct.rqs reg B kr, iir cl6r of Public Works Date EXHIBIT "E" CITY OF TEMECULA PUBLIC WORKS DEPARTMENT 06/14/11 CC DESTRUCTION Barcode/ Box Number Tuff/Record Series Description Retention 0003283 1141-09 TECHNICAL REPORTS: PA04-0621 PA05-0036 PA05-0086 PA05-0096 PA05-0100 PA05-0101 PA05-0105 PA05-0127 PA05-0139 P/Image in Laserfiche 0003284 1141-09 TECHNICAL REPORTS: PA05-0172 PA05-0189 PA05-0232 PA05-0254 PA05-0365 PA05-0389 PA06-0037 PA06-0046 PA06-0048 PA06-0096 Pllmage in Laserfiche 0002717 1141-09 TECHNICAL REPORTS: PM1-44-46 PM 23172 PM 23335 PM 23561-2 PM 23822 PM 24239 PM 25583 PM 26845 PM 26845-1 PM 28049 PM 26827, -1 PM 28697 PM 28657-1 TM 28850 TM 3552 TM 3883 TM 3929 TM 9833 TM 9833-2, -3 TM 23103, -1 TM 23220 TM 23372 TM 23513 TM 23354 TM 24188 TM 24136-1 TM 23316 TM 23304 TM 23583 TM 24131-1 TM 24136 TM 25055 TM 26828 TM 28482 P/Image in Laserfiche Page 1 of 14 Page 2 of 14 TM 23102 TM 32346 TM 25213 TM 28810 0003287 1141-09 TECHNICAL REPORTS: P/Image in PA07-0229 PA07-0337 Laserfiche PA08-0008 PA08-0115 PA08-0156 PA08-0185 0003285 1141-09 TECHNICAL REPORTS: P/Image in PA06-0140 PA06-0178 Laserfiche PA06-0278 PA06-0316 PA06-0201 PA06-0293 0003347 1141-09 TECHNICAL REPORTS: P/Image in TM 29353 TM 29353-2 LOT 9 Laserfiche 0000334 806-04 PROJECT FILES: P/Image in PW01-20 TEMECULA COMMUNITY THEATER Laserfiche MERCANTILE SEISMIC RETROFIT 0003282 1141-09 TECHNICAL REPORTS: P/Image in PM 35039 PM 36219 Laserfiche TM 23172 TM 31946 TM 33891 TM 34715 PA01-0389 PA04-0584 0003280 1141-09 TECHNICAL REPORTS: P/Image in TEMECULA REGIONAL EIR TM32104 Laserfiche TM32437 TM29798 TM29639-2 TM32437-1 TM33124 PA09-0144 PA09-0197 PA09-0083 PA09-0344 PA09-0238 PA10-0197 PA07-0132 PRO8-0059 0002704 1141-09 TECHNICAL REPORTS: P/Image in PA06-0293 PA06-0346 Laserfiche PA06-0338 PA07-0123 PA07-0100 PA07-0086 PA07-0085 PA07-0271 PA06-0187 PA06-0180 PA06-0060 PA06-0103 PA06-0108 PA06-0302 PA06-0347 PA06-0326 Page 2 of 14 Page 3 of 14 PA06-0140 PA06-0213 PA07-0309 0003454 806-05 PROJECT FILES: HARVESTON CFD01-02 PLANS, CONSTRUCTION FILES, BID FILES P/Image in Laserfiche 0001864 806-05 PROJECT FILES: PAUBA ROAD IMPROVEMENTS PHASE II, PW00- 09 DESIGN FILES IV.D.1 THRU VI, ID FILES, CONSTRUCTION FILES 3A THRU 14A P/Image in Laserfiche 0003453 806-05 HARVESTON CFD01-02, WORKING FILES- CORRESPONDENCE, REFERENCE DOCUMENTS, SERVICE CONTRACTS, REIMBURSEMENT SUMMARY, BID PACKAGE, BID RESULTS, CONSTRUCTION FILES, BID FILES. P/Image in Laserfiche 0003452 806-05 PROJECT FILES: PW06-10 DEPORTOLA RD. PAVEMENT RD. REHAB P/Image in Laserfiche 0003455 806-05 PROJECT FILES: HARVESTON CFD01-02 PLANS, CONSTRUCTION FILES, BID FILES P/Image in Laserfiche 0001863 806-05 PROJECT FILES: PAUBA ROAD IMPROVEMENTS PHASE II, PW00- 07 DESIGN FILES, PW00-09 DESIGN FILES I.A THRU IV.B.6 P/Image in Laserfiche 0003217 1141-09 TECHNICAL REPORTS: PM23354 PM11170 PM13261 PM 18491 PM23354 PM28471-1 PM36055 TM29639-2 TM30264-10 TM34698 TM29305 TM30264-4 TM30264-7 TM9833-3 TM31898 TM23209 TM36212 PA06-0369 P/Image in Laserfiche 0002641 1141-09 TECHNICAL REPORTS: TR29353 TR29353-2 TR29661 PA05-0345 P/Image in Laserfiche 0003344 1141-09 TECHNICAL REPORTS: RORIPAUGH RANCH DRAINAGE STUDY TM29353 TM 29353-2, -3 P/Image in Laserfiche 0002726 1141-09 TECHNICAL REPORTS: PM6228 PM7593 PM8595 PM9095 PM12887 PM17688 PM22419 PM22629 PM28471-1 PM28657-1 PM30107 P/Image in Laserfiche Page 3 of 14 Page. 4 of 14 PM31711 PM11087 PM30719 PM30404 PM 13261 TR3552 TR3752 TR3883 TR3929 TR9333-3 TR9833-2 TR9833-3 TR21818 TR21820 TR23173-1 TM23103-2 TM9833-2 PA99-0317 PA00-0470 PA00-0507 PA01-0611 PA03-0677 PA04-0085 PA05-0053 PA05-0305 PA05-0389 PA05-0402 PA06-0201 PA06-0205 PA06-0213 PA06-0313 PA06-0316 PA06-0329 PA06-0346 PA06-0350 PA06-0356 PA06-0389 PA08-0136 PA07-0335 PA06-0389 PA07-0323 PA08-0185 PA06-0140 PA07-0180 PA07-0323 PW06-05 PROJECT 3505 43055 43015 0002688 1141-09 TECHNICAL REPORTS: P/Image in PM30404 Laserfiche PA97-0107 PA07-0229 PA07-0240, PA07-0315 PA07-0323 PA07-0335 PA07-0337 PA08-0008 PA08-0153 PA08-0156 PA08-0176 PA08-0185 PA08-0189 PA08-0242 PA08-0244 PA08-0266 Page. 4 of 14 0000341 705-04 ASSESSMENT DISTRICT: P/Image in YNEZ CORRIDOR CFD88-12 Laserfiche MEMORANDUMS NPDES OFFICIAL STATEMENT PARCEL NUMBERS PM 23496 YNEZ CORRIDOR 7/15/93 PROJECT DEV TEAM & MTG NOTES PROPERTY OWN/MTG NOTES RANCON RANPAC PSR RCWD WATERLINE REQUISITION/TOMAND R/W EASEMENT DOCS RIVERSIDE CO DRAW REQUEST 92/93 RIVERSIDE CO DRAW REQUEST 94 RIVERSIDE CO DRAW REQUEST 95 RIVERSIDE CO DRAW REQUEST 96 SCE-EASMENTS SEWER STATUS REPORT JFD SOLICITATION OF BIDS TEMECULA MELLO-ROOS-YNEZ TOMAC TOYOTA OF TEMECULA 0001776 806-04 PROJECT FILES: P/Image in WINCHESTER LOOP IMPROVEMENT PW94-21 Laserfiche DESIGN ENGR CONTRACT DESIGN FILES/PROJECT FILES. PLAN CHECK COMMENTS MATERIAL SUBMITTALS OTHER AGENCIES/PERMITS CALTRANS ENCROACHMENT PERMIT UTILITY COORDINATION CITY COUNCIL REPORT ROW APPRAISAL ROW EASEMENT DOCS EMWD SEWER EASEMENT OFFER TO OWNER/CONDEMNTN 0000197 803-01 MAP FILES: P/Image in 803-02 TR22716-3 TR22716-4 Laserfiche TR22786 TR22915 TR22915-1 0000195 803-01 MAP FILES: P/Image in 803-02 TR22915-2 TR22915-3 Laserfiche TR22916 TR22916-1 TR22916-2 0001775 705-04 ASSESSMENT DISTRICT: P/Image in YNEZ CORRIDOR CFD88-12 Laserfiche MATERIALS REPORT: 115/W INCHESTER/RANCHO SIGNAL MAINTENANCE EASEMENT WINCHESTER/RANCHO/OVERLAND QLTY CONTROL PLN STATUS REPORT W INCHESTER/RANCHO/OVERLAND PSR RIGHT OF WAY DOCUMENTS SALES TAX ACQUISITION AND AMENDMENTS 0000340 203-24 DEVELOPMENT PLANS: P/Image in PA01-0401 Laserfiche Page 5 of 14 Page 6 of 14 PA01-0403 PA01-0408 PA01-0416 PA01-0420 PA01-0426 PA01-0428 PA01-0429 PA01-0431 PA01-0436 PA01-0444 PA01-0448 PA01-0449 PA01-0452 PA01-0458 PA01-0455 PA01-0462 PA01-0463 PA01-0464 PA01-0468 PA01-0471 PA01-0472 PA01-0485 PA01-0492 PA01-0507 PA01-0516 PA01-0520 PA01-0521 PA01-0525 PA01-0528 PA01-0536 PA01-0537 PA01-0544 PA01-0557 0000226 203-24 LAND DEVELOPMENT PERMITS: P/Image in LD99-001 99-003 Lam -fiche LD99-005 LD99-006 LD99-008 LD99-012 LD99-015 LD99-019 LD99-021 LD99-023 LD99-025 LD99-029 LD99-037 LD99-038 LD99-040 LD99-041 LD99-043 LD99-046 LD99-047 LD99-049 LD99-051 LD99-052 LD99-054 LD99-055 LD99-057 LD99-059 LD99-061 LD99-062 LD99-063 LD99-065 LD99-066 LD99-068 LD99-071 Page 6 of 14 LD99-072 LD99-073 LD99-074 LD99-075 LD99-075 LD99-076 LD99-077 LD99-079 LD99-091 LD99-092 LD99-094 LD99-095 LD99-099 LD99-100 LD99-103 LD99-104 LD99-110 LD99-112 LD99-114 LD99-117 LD99-120 LD99-121 LD99-122 LD99-124 LD99-125 LD99-127 LD99-132 LD99-134 LD99-138 LD99-141 LD99-144 LD99-145 LD99-149 LD99-151 LD99-152 LD99-154 LD99-157 LD99-161 LD99-162 LD99-165 LD99-170 LD99-175 LD99-176 LD99-181 LD99-183 LD99-184 LD99-185 LD99-191 LD99-192 LD99-193 LD99-197 LD99-200 LD99-201 LD99-204 LD99-206 LD99-207 LD99-208 LD99-209 LD99-212 LD99-216 LD99-219 LD99-222 LD99-223 LD99-227 0000321 203-24 DEVELOPMENT PLANS: PA95-0097 PA95-0098 P/Image in Laserfiche Page 7 of 14 Page 8 of 14 PA95-0107 PA95-0108 PA95-0110 PA95-0112 PA95-0114 PA95-0115 PA95-0118 PA95-0122 PA95-0123 PA95-0124 PA95-0130 PA95-0135 PA95-0136 PA95-0138 PA95-0141 0000095 203-24 DEVELOPMENT PLANS: P/Image in PA96-0306 Laserfiche PA96-0307 PA96-0312 PA96-0314 PA96-0327 PA96-0334 PA96-0345 0000196 203-24 DEVELOPMENT PLANS: P/Image in PA96-0001 Laserfiche PA96-0008 PA96-0011 PA96-0013 PA96-0015 PA96-0018 PA96-0019 PA96-0027 PA96-0028 PA96-0029 PA96-0031 PA96-0033 PA96-0035 PA96-0036 PA96-0037 PA96-0040 PA96-0046 PA96-0055 PA96-0063 PA96-0073 PA96-0074 0000333 203-24 PA95-0007 P/Image in PA95-0009 Laserfiche PA95-0011 PA95-0013 PA95-0014 PA95-0016 PA95-0018 PA95-0021 PA95-0022 PA95-0030 PA95-0034 0000203 203-24 DEVELOPMENT PLANS: PA95-0035 PA95-0036 PA95-0048 PA95-0050 PA95-0051 PA95-0054 PA95-0057 PA95-0059 PA95-0062 Page 8 of 14 Page 9 of 14 PA95-0063 PA95-0068 PA95-0069 PA95-0072 PA95-0080 PA95-0085 PA95-0086 PA95-0088 PA95-0089 PA95-0090 PA95-0092 PA95-0093 PA95-0096 0000331 203-24 DEVELOPMENT PLANS: PA99-0079 PA99-0082 PA99-0086 PA99-0088 PA99-0089 PA99-0099 PA99-0101 PA99-0104 PA99-0105 PA99-0113 PA99-0115 PA99-0116 PA99-0123 PA99-0127 PA99-0128 PA99-0130 PA99-0137 PA99-0145 PA99-0150 PA99-0168 PA99-0183 PA99-0195 PA99-0202 PA99-0203 PA99-0204 PA99-0205 PA99-0208 PA99-0215 PA99-0218 PA99-0219 PA99-0228 PA99-0146 PA99-0198 PUP 6 P/Image in Laserfiche 0000206 203-24 DEVELOPMENT PLANS: PA99-0232 PA99-0234 PA99-0239 PA99-0249 PA99-0255 PA99-0261 PA99-0266 PA99-0271 PA99-0277 PA99-0278 PA99-0279 PA99-0284 PA99-0286 PA99-0288 PA99-0292 P/Image in Laserfiche 0000322 203-24 DEVELOPMENT PLANS: PA94-0049 PA94-0054 Page 9 of 14 Page 10 of 14 PA94-0059 PA94-0061 PA97-0298 PA94-0062 PA94-0080 PA94-0095 0000327 806-04 PROJECT FILES: P/Image in PW00-08CSD CONTINUED Laserfiche CONSTRUCTION FILES 5.C -37.A.1 0000310 203-24 DEVELOPMENT PLANS: P/Image in PA99-0002 PA99-0007 Laserfiche PA99-0012 PA99-0013 PA99-0031 PA99-0038 PA99-0040 PA99-0044 PA99-0047 PA99-0049 PA99-0051 PA99-0052 PA99-0053 PA99-0055 PA99-0056 PA99-0059/60 PA99-0069 PA99-0075 PA99-0076 PA99-0077 PA99-0078 0000205 803-01 MAP FILES: P/Image in 803 02 TR22715, -1, -2 TR22716, -1, -2 Laserfiche 0000325 803-01 MAP FILES: P/Image in 803-02 TR 21818 21160 Laserfiche TR21820 TR21821 0000346 803-01 MAP FILES: P/Image in 803 02 803-02 TR23100-6, -7, -8 HYDROLOGY REPORT- EPORT- MARGARITA VILLAGE, NOVEMBER Laserfiche TR23267/23299 OLD VAIL RANCH- FINAL ENVIRONMENTAL IMPACT REPORT, 1988 TR23267/26861 OLD VAIL RANCH -HYDRAULIC ANALYSIS, 1992 TR23267/26861 OLD VAIL RANCH -DRAINAGE REPORT FOR TEMPORARY BYPASS CHANNEL AND TEMPORARY VIA RIO TEMECULA CULVERTS, 1993 TR23267/26861 OLD VAIL RANCH - SUPPLEMENTAL DRAINAGE REPORT FOR TEMPORARY BYPASS CHANNEL AND TEMPORARY VIA RIO TEMECULA CULVERTS, 1993 TR23267/26881 VAIL RANCH DEVELOPMENT - REVISED STORM WATER POLLUTION PREVENTION PLAN, 1995 TR23267/26881 VAIL RANCH DEVELOPMENT - Page 10 of 14 Page 11 of 14 AMENDED STORM WATER POLLUTION PREVENTION PLAN, 1993 TR23267 OLD VAIL RANCH -PRELIMINARY GEOLOGIC AND SOIL ENGINEERING INVESTIGATION, 1989 TR23267 OLD VAIL RANCH -FAULT INVESTIGATION- 1989 TR23267 OLD VAIL RANCH -TRAFFIC IMPACT ANALYSIS, 1990 TR23267 OLD VAIL RANCH -TRAFFIC IMPACT ANALYSIS, 1990 TR23267 OLD VAIL RANCH -PHASING ANALYSIS ADDENDUM TO TRAFFIC STUDY, 1990 TR23267 BRIDLEVALE AT VAIL RANCH -TRAFFIC STUDY, 1993 TR23267 OLD VAIL RANCH- HYDROLOGY/HYDRAULICS REPORT, 1991 TR23267-1 OLD VAIL RANCH -FINAL SOILS AND GEOLOGICAL REPORT, 1990 TR23267-1, OLD VAIL RANCH -FINAL COMPACTION REPORT -UTILITY IMPROVEMENTS PAVEMENT BASE AND SUBGRADE, 1993 TR23267-2, OLD VAIL RANCH -FINAL SOILS REPORT, 1993 0000194 806-04 PROJECT FILES: P/Image in PW95-08 CONSTRUCTION FILES Laserfiche 0000204 803-01 MAP FILES: P/Image in 803 02 TR24133-5 TR24134, -1 Laserfiche 0000199 803-01 MAP FILES: P/Image in 803 02 TR24133,-1,-2,-3, -4 Laserfiche 0000201 803-01 MAP FILES: P/Image in 803 02 TR24134-1 TR24134-2 Laserfiche TR24134-3 TR24135 0000218 203-24 DEVELOPMENT PLANS: P/Image in PA00-0332 Laserfiche PA00-0333 PA00-0335 PA00-0339 PA00-0363 PA00-0367 PA00-0368 PA00-0373 PA00-0378 PA00-0379 PA00-0380 PA00-0383 PA00-0389 PA00-0402 PA00-0403 PA00-0410 PA00-0415 Page 11 of 14 Page 12 of 14 PA00-0416 PA00-0417 PA00-0418 PA00-0420 0000191 803-01 803-20 MAP FILES: TR22916 3 TR22962 P/Image in Laserfiche TR22962-2 TR23051 TR23063-1 TR23063-2 TR23063-3 TR23063-5 TR23063-6 TR23063-8 TR23142 TR23142-1 TR23173 TR23173-3 TR23174-3 TR23174-4 TR23182 0000198 705-04 ASSESSMENT FILES: P/Image in YNEZ CORRIDOR CFD88-12 Laserfiche ACURA AND MAZDA MEETING NOTICES/MINUTES BEDFORD KEMPER REIMBURSMENT CALTRANS METRIC CONV. OVERLAND/RANCHO CAL CONSTRUCTION/INSPECTION CONSTRUCTION COSTS CONSTRUCTION REVIEW CORRESPONDENCE COUNCIL AGENDA REPORTS DESIGN CONSTRUCTION DESIGN CONCERN DESIGN RECOMMENDATIONS DODGE CHRYSLER AND JEEP ENVIRONMENTAL FINANCE FISH AND GAME PERMIT GORDON SCOTT/STORM DRAINS GTE REQUEST UTILITIES CABLE TV JFD CONTRACT JFD DAVIDSON PROPOSAL LANDSCAPE LOFFEL RET. WALL PARCEL REPAYMENT 0000219 203-24 DEVELOPMENT PLANS: P/Image in PA00-0422 PA00-0424 Laserfiche PA00-0425 PA00-0427 PA00-0430 PA00-0432 PA00-0433 PA00-0437 PA00-0438 PA00-0444 PA00-0445 PA00-0449 PA00-0450 PA00-0454 PA00-0452 PA00-0465 PA00-0471 Page 12 of 14 Page 13of14 PA00-0478 PA00-0484 PA00-0493 PA00-0494 PA00-0502 PA00-0508 PA00-0509 PA00-0522 PA00-0523 0000200 203-24 DEVELOPMENT PLANS: PA99-0383 PA99-0385 PA99-0386 PA99-0387 PA99-0388 PA99-0392 PA99-0394 PA99-0395 PA99-0398 PA99-0405 PA99-0406 PA99-0410 PA99-0412 PA99-0419 PA99-0424 PA99-0438 PA99-0446 PA99-0449 PA99-0451 PA99-0464 PA99-0472 PA99-0476 PA99-0478 PA99-0494 PA99-0496 PA99-0500 PA99-0501 PA99-0505 PA99-0510 PA99-0511 PA99-0512 PA99-0515 PA99-0466 P/Image in Laserfiche 0000319 203-24 DEVELOPMENT PLANS: PA99-0308 PA99-0316 PA99-0325 PA99-0332 PA99-0333 PA99-0335 PA99-0341 PA99-0344 PA99-0345 PA99-0351 PA99-0352 PA99-0357 PA99-0363 PA99-0371 PA99-0373 PA99-0375 PA99-0376 PA99-0378 PA99-0380 PA99-0381 PA99-0379 P/Image in Laserfiche 0003436 1141-09 TECHNICAL REPORTS: LAND DEV. MURRIETA CREEK FLOOD P/Image in Page 13of14 Page 14 of 14 CONTROL, REDHAWK, CROWNE HILL CFD, WOLF CREEK Laserfiche 0001865 806-04 PROJECT FILES: PAUBA ROAD IMPROVEMENTS PHASE II PW00-09 CONSTRUCTION FILES 16A THRU 36B P/Image in Laserfiche 0003313 806-04 PROJECT FILES: PW09-03 CITYWIDE CONCRETE REPAIRS FY 08- 09, TRAFFIC SIGNAL INTERCONNECT INSTALLATION, CITYWIDE SLURRYSEAL P/Image in Laserfiche Page 14 of 14 Item No. 8 Approvals City Attorney Director of Finance City ManagerOCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: June 14, 2011 SUBJECT: Update of Fee Schedule PREPARED BY: Gwyn Flores, Records Manager RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPDATING THE FEE SCHEDULE BACKGROUND: On August 27, 1996, the City Council approved Resolution No. 96-106 amending the then existing Fee Schedule. The fee schedule addresses costs charged to the public for City documents. This resolution will update the existing fee schedule by reflecting actual cost to produce copies of City documents. No existing fees will be increased. It will also establish fees for new media costs. FISCAL IMPACT: None. ATTACHMENTS: Exhibit "A" RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPDATING THE FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Fee Schedule, attached hereto as Exhibit A, is attached to this resolution and incorporated herein by this reference. Section 2. The Fee Schedule shall become effective upon the adoption of this resolution and may be, thereafter, amended. Section 3. All prior resolutions in conflict with this resolution are hereby rescinded. Section 4. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A FEE SCHEDULE ITEM A. STANDARD DUPLICATION (8 % x 11 to 11 x 17 per side) Black & White $.14 per page Color $.23 per page B. E -SIZE DOCUMENTS, BLUE PRINTS, MAPS (Larger than 11 x 17) Per foot of paper $ .55 C. MEDIA: (per media item) CD $.80 DVD $1.32 Audio $1.01 D. MUNICIPAL CODE: Supplements (Semi-annual) New Subscriptions - Available on-line only E. GIS DOCUMENTS: (Aerial & Topographic Maps) $ 65.00 N/A Normal Plot Regular Paper Photo Paper 8 x 11 .11 .26 11 x 17 .21 .51 C -Size (17 x 22) .41 1.12 D -Size (24 x 30) .83 2.02 E -Size (36 x 42) 1.66 4.01 Large Format 2.84 6.92 Aerial Plot Regular Paper Photo Paper 8 x 11 .14 .29 11 x 17 .26 .56 C -Size (17 x 22) .52 1.12 D -Size (24 x 30) 1.03 2.22 E -Size (36 x 42) 2.08 4.46 Large Format 3.54 7.62 F. ELECTRONIC BID FEES: Small Purchase $5,000 and less Large Purchase $5,001 to $30,000 Informal Bid $30,001 to $175,000 Formal Bid $30,001 to $175,000 Formal Bid $175,001 to $1,000,000 Formal Bid $1,000,001 and more Supplies, Equipment, Services, Maintenance Projects, Public Projects Supplies, Equipment, Services, Maintenance Projects, Public Projects Public Projects Supplies, Equipment, Services, Maintenance Projects Supplies, Equipment, Services, Maintenance Projects, Public Projects Supplies, Equipment, Services, Maintenance Projects, Public Projects G. BUILDING PLAN DUPLICATION: (Must obtain architect approval) Processing Fee $10.00 (Plus actual cost of paper/media) H. FPPC DOCUMENTS: (As statutorily defined) Per page Research charge for documents five years or older I. NOTICE OF INTENT TO CIRCULATE PETITION: This fee will be refunded to the filer if, within one (1) Year of the date of filing the Notice of Intent, the City Clerk certifies the sufficiency of the petition per Elections Code § 9103(b) J. SUBPOENA FEES: Subpoenaed Staff as Witness (per day) Subpoena for Records $ .10 $ 5.00 $200.00 $150.00 $ 15.00 $00.00 $25.00 $25.00 $25.00 $50.00 $75.00 Item No. 9 Approvals City Attorney Director of Finance City Manager Po -r- '414 OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Sean Dakin, Fire Marshal DATE: June 14, 2011 SUBJECT: Second Amendment to the Agreement with Proactive Fire Design, Inc. PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: That the City Council approve the second amendment to the annual agreement with ProActive Fire Design, Inc. in the amount of $60,000.00 for fiscal year 2011/2012 Fire Department Plan Review Service. BACKGROUND: On July 1, 2010, the City Manager approved an agreement for $30,000.00 with ProActive Fire Design, Inc., a fire protection consulting company that performs plan review service for the Fire Department on an as needed basis. Plan check service is utilized when fire prevention staff experiences an increased level of applications that exceed their ability to process plan submittals within acceptable timeframes. On January 25, 2011, the City Council approved the first amendment to the agreement which increased the amount from $30,000.00 to $59,000.00. The increase allowed the Fire Department to continue to provide timely turn around times on plan review service through the end of fiscal year 2010/2011. The original agreement allows for (4) additional (1) year extentions. Proactive Fire Design has provided quality and timely plan review service with no performance issues. Therefore staff is recommending the contract extension for fiscal year 2011/2012. FISCAL IMPACT: Adequate funds will be available in the Fire Department budget upon approval of the FY 2011/2012 budget. ATTACHMENTS: Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN, INC. FIRE DEPARTMENT PLAN REVIEW SERVICE THIS SECOND AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service", in the amount of $30,000.00. b. On January 25, 2011, the City and Consultant entered into the FIRST Amendment to that certain Agreement entitled "Agreement for Fire Department Pian Review," to increase the payment in the amount of $29,000.00. c. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $60,000.00 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1. of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4. of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fire Department Plan Review Service, for a total Agreement amount of One Hundred Nineteen Thousand and No Cents ($119,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney PROACTIVE FIRE DESIGN, INC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By: By: Don Walton, President Jo Marie Walton, Secretary CONSULTANT Proactive Fire Design, Inc. Don Walton 45686 Hopactong Street, Temecula CA 92592 951-695-3539 Proactive.fd( verizon.net 2 FSM Initials: Date: Aa RD` CERTIFICATE OF LIABILITY INSURANCE oval" r irn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEOATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO/CIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IS8tJ K3 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithe certificate Itoh er Is en ADOITIONAL INSURED, the pollcy(les) Lams and condltiont of the thy, Certain nobs)** relay require an endorsement certificate holder in IlDU of Such OldOrSOMOD1(S). must be endorsed It SUBROGATION 13 WANED, A so f,ctto the confer rights to the stalenlwet on the cerVNsets does not PRODUCZR VANCE ORAND INS AGENCY INC. 220 S TUSTIN T gie P- PRONE FAX te); (AM. .IEtix— --AW t. Annt:zsa - — ORANGE, CA 92866 rraltxrcll— p A:DaIONLS ID r INSURiRiel AFFORONFO cOY[RADE NAC FNeU1QD DONALD WALTON DBA PROACTIVE FIRE DESIGN ✓✓ 45686 FIOPACTONG ST TEMECULA, CA 92592-5732 INSURERA :SOON Form Mutual Autnmottile In* r/toot Cornpnny 25171 IMll1R1119. oictkaEnc: — __ LI _- _ INwlano: pparnt a:. ___ .._ - 62rosI2O11 DElroer201 — IN6URtlt F: • THIS INDICATED. CERTIFICATE EXCLUSIONS INw I. lit IS TO CERTIFY THAT N01'%THSTANDING MAY DE ISS AND CONOrrIONS rem I?F INSURANCE 111E POLICIES ANY REQUIREMENT, SED OR MAY OF SUCH OF PERTAIN, POUCIES. MX J MB INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION Of ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN —. .Duel Ntalwat ISSUED TO CONTRACT PIE POLICIES REDUCE) ©Y 1& U AL TETE INSURED OR OTHER DESCRIBED PAID CLAIMS (10‘.1 ° 'kr NAMED ABOVE EOR DOCUMENT WITH RESPECT HEREIN IS SUBJECT — Lam THE POt.1CY PERIOD TO MICH THIS TO ALL THE TERMS, — RENEML — UAJatWf �a1 OCCURRENCE s A _ GLM _1 AUTOIlOe11EMOLRY _� C.ONMUICNI DEXTRAL UAIAllTY CUIMGJIIV [ l 00.01111 _�• I71 Y, LI v 62rosI2O11 DElroer201 PR0VA;tE..1tP-4STV0V0Bl__ MEDFxi rooar oeml 1 ! PERSONAL 4 ADV INIURY 1 __-- __. $ ARG.RFOATIiUYIT POUcv 1-128 ATM( f IUSPEW —11.(x: GENERAL AGGREGATE PRODUCTS - COMM? App 1 S 1,000,000 i:0U0tNEDWAX ELAW NIT Amp ALL OWNE0 DS SCAiFDUIJ<DAUT()6 MRC-0AUT06 NON-ONJED AUTOS [ L3114520 75D 1 Yw3uw(r.perm) $ ,•r HOMY INJURYfF'Qma:WM 5 PROPERTY 0/881108t (Pur aetlden8 5 - wowiERSCONPENEAROW AKD ANY OITIcrnmtM1ER Y.ni (MoryM.MO II11 Toa- sr+FrrAt LMRILLA LMe I EXCESS lIAM .. __ OCCUR AM EA(, OCD-feteNCii Atipr+C-0ATE -1. 1 [_i ❑ RETE NT ION 1 -•--- 1 1 EMPLOYERS' UA01/TY M ORRIE(OR/PMTII LRAEXECOIMLL EXCU/CCOT Amato urate rxltrvN,5D2C:tYfonc I f N + ` PICKUP REDEVELOPMENT NAMED MIA 0 INSURED I _� 4 El. . VW't# I VIC arATI.I O _ _ TDCS'.1JIAQ5 CACTI AMMER!' f EL DISEASE- EA EIAPtAVEC -- f -- - RL DISEASE -POLICY LIMIT f OE ECW►DON Of O PEMTN)H) / LOCATIONS 1(AlaNN AUTO POLICY FOR 2003 CHEW 2 THE CITY OF TEMECULA TEMEC EMPLOYEES, AND VOLUNTEER ARE ACOFA1 sit. A4#ieoal noonNIN IM 4#015 x None qac, Is TT-NANA IGC HC29UX3E152497 AGENCY AND TEMECULA COMMUNITY SERVICES DISTRICT, THEIR OFFICERS, OFFICIALS, ON AUTO POLICY CERTIFICATE HOLDER CANCELLATION CITY OF TFMECULA V TEMECULA COMMUNIT SERVICES DISTRICT THE REDEVELOPMENT AGENCY OF THE CITY OF TEP,ECU P,O. BOX D033 TEMECULA, CA 02580 ACORD 25 (2009f09) WOULD AMY OF -1110 ABOVE DE, CAMEO 7TON�1fCHM EUF, H P NLLPOUCT �/ i gill//�/ /l.// L 1.1Of3 DE CAN CE LLEO •TIME THE (FD IH'ACS:O RCANCC MTM THE AUTHORIZED RSPRUIENTAllVE VANCE ORAND 1419011- 2009 ACORD CORPORATION. All rights resented. The ACORD name end logo are registered marks of ACORD 1001466 1325404 D2-11-2010 A� Ro® CERTIFICATE OF LIABILITY INSURANCE DATE 1° ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylies) terms and conditions of the policy, certain policies rasy require an endorsement. certificate holder in lieu of such endorsement(s). must be endorser_ If SUBROGATION IS WAIVED, A statement on this certl6eats does not subject to the confer rights to the (M OUB PRODUCER VANCE ORAND INS AGENCY INC. 220 S TUSTIN Mr -ORANGE, CA 92866 kitirr T FAX Ne. ADDRESS: MI- INSURER(SJ AFFORDING COVERAGE DisuRER a : State Farm Mutual Automobile Insurance Company NAIC N 26175 INSURED DONALD WALTON DBA PROACTIVE FIRE DESIGN 45686 HOPACTONG ST TEMECULA, CA 92592-5732 INSURER 11: INSURER C: INSURER D: EACH OCCURRENCE PRRE�,A a — INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVUTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN3`SR LTR TYPEOFINSURANCE I POLICY INAMBER (M OUB EXP (Meow YI 1 T5 GENERAL LIABILITY COMMERCIAL GENERAL CLAIMS -WADE I LIABILITY OCCUR EACH OCCURRENCE PRRE�,A a — $ M j MED EXP (My one person) 1 PERSONAL & ADV INJURY S GEN. GENERAL AGGREGATE 1 AGMEGATE UNIT APPLIES PER POLICY n ,LT n LOC PRODUCTS - COfiPIOP AGO 1 —I 1 A AUTOMOFkE UdIte,IITY ANY Aero ALL OVPIED AUTOS SCHEDULED AUTOS HIRED AUTOS MONO ED AUTOS L38 4620-806-75D 02/0612011 06/0812011 COMBINED SINGLE LIMIT (Ea=Mani) 1 1,000,000 Y Booty INJURY (Par psi* $ BODLY DIARY (Per aedden1) 1 PROPERTY DAMAGE (Per ea:Ment) 1 1 OCCUR CLAIMS -MADE EACH OCCURRENCE 1 UMBRELLA LAB EXCESS WI _ AGGREGATE 1 r _ DEDUCTIBLE RETENTION S I 1 1 VVORMERSCOMPENSATFOM EMPLOYERS' UABaJTY ANY PROPeUEIOR/PARTNER�EXECUT1VE OFFICER/NEWER EXCLUDED? �Msorf in NN) 'deocnte under CPFrw PRfM$N1NS Miry, r 1 14 N! A (VVCSTTA1U- i I l ER ___Cz4$y EL EACH ACCIDENT 1 l 1 EL DISEASE - EA EMPLOYEE S E.L DISEASE -POLICY LIMIT I S Yq L DESCRIPTION OF OPERATIONS 1 LOCATION$ l VEHICLES (Attach *COIm 151, AOMno+al Re nerd ScIsedele. AUTO POLICY FOR 2003 CHEVY C2500 PICKUP VIII 1GCHC29UX3E152497 THE CITY OF TEMECULA TEMECULA REDEVELOPMENT AGENCY AND TEMECULA EMPLOYEES, AND VOLUNTEER ARE NAMED INSURED ON AUTO POLICY R more Fe rtA,iesR SERVICES DISTRICT, THEIR OFFICERS, OFFICIALS, Apace COMMUNITY CERTIFICATE HOLDER CANCELLATION CITY OF TEMECULA TEMECULA COMMUNIT SERVICES DISTRICT THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA P.O- BOX 9033 TEMECULA, CA 92589 SHOULD ANYEXPIRY THE IONRO DAF JHE RABOVE F,NOTE DEO B '0FJ-111 I) ,y al R0A DANCE TSR THE v�%��! .Ail/U i _[ i AUTHORIZED REPRESENTATIVE VANCE ORAND 1 ACORD 25 (2009/09) ID 1988- 2009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 1001486 132849.4 02-11-2010 Item No. 10 Approvals City Attorney Director of Finance City Manager (10L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: June 14, 2011 SUBJECT: Memorandum of Understanding - Labor Agreement PREPARED BY: Denise Lanier, Senior Human Resources Analyst RECOMMENDATION: That the City Council approve a two (2) year Memorandum of Understanding (M.O.U.) labor agreement, effective July 1, 2011, between the City and the general employees represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. BACKGROUND: City staff and the general employees, represented by the California Teamsters Local 911, have reached an agreement on a two (2) year M.O.U. This two (2) year M.O.U. will sustain a positive working environment for our employees, which translates into maintaining the highest level of public services that our City residents have come to expect. The main terms of this agreement are as follows: 1) no cost -of -living increases during the two (2) year term of this agreement; and, 2) will amend the City's PERS contract by adding a second-tier PERS retirement formula of 2% @ 60 within the first year of this agreement that will apply only to those new employees hired after the implementation date of the amended PERS contract. In addition, the City has agreed to review medical insurance costs, within 18 months of the execution date of this agreement, but no financial commitments have been made other than to revisit this issue. FISCAL IMPACT: Budget. There will be no fiscal impact in the upcoming FY 2011-12 Operating ATTACHMENTS: Memorandum of Understanding MEMORANDUM OF UNDERSTANDING (M.O.U) Between the City of Temecula and the General Employees of the City of Temecula Effective July 1, 2011 Table of Contents Foreword 6 Preamble 6 Article 1 Recognition 6 Article 2 implementation 6 Article 3 Term 6 Article 4 Authorized Agents 6 4.1 City's Authorized Agent 7 4.2 General Employees Authorized Agent 7 Article 5 City Rights 7 Article 6 Employee Rights 7 Article 7 Union Rights 7 7.1 Agency Shop 7 Union Dues/Agency Fee Collection 8 New Hire Notification 8 Failure to Pay Dues/Fees 8 Religious Exemption 9 Records 9 Rescission of Agreement 9 Indemnification 9 7.2 Bulletin Boards 10 7.3 Union Roster 10 7.4 Employee Representatives 10 7.5 Dues Check offs 10 Article 8 Personnel Files 11 8.1 Derogatory Material 11 8.2 Derogatory Material on File 11 8.3 Customer/Citizen Letters of Commendation 11 Article 9 Seniority 11 Article 10 Compensation Adjustments 11 10.1 Longevity Compensation 11 10.2 Special Merit Pay 12 10.3 Bilingual Pay 12 10.4 Notary Pay 12 Article 11 Holiday Pay 13 11.1 Assigned Schedule for Holiday Pay 13 11.2 Pro -Rated Holiday Pay 13 11.3 Scheduled to Work a Holiday 13 11.4 9/80 Work Plan for Holiday Pay 13 2 1 1.5 Floating Holiday 13 Article 12 City Holidays 13 Article 13 Overtime 14 13.1 Work Week 15 13.2 9/80 Work Week 15 13.3 Time Worked 15 13.4 Called Back to Work 15 13.5 Assignments 15 Article 14 Overtime Authorization 15 Article 15 Compensatory Time 15 15.1 Accrual 16 15.2 Time Used for Leave 16 15.3 Cash Out 16 Article 16 Call-Out Policy 16 Article 17 Stand-by Pay 17 17.1 Rotation of Storm-Watch Crews 17 17.2 Rotation of Banner Installation/Removal Crews 18 Article 18 Shift Differential Pay 18 Article 19 Clothing Allowance 18 19.1 Uniforms 18 19.2 Care of Uniforms 18 19.3 Wearing of Uniforms 18 19.4 Uniform Replacement 19 19.5 Safety Equipment 19 19.6 Safety Boots/Shoes 19 19.7 Eligible Classifications 19 19.8 Additional Boot Allowance 19 Article 20 Temporary Upgrade 19 Article 21 Probationary Periods 20 21.1 Promotional Probation 20 Article 22 Eligibility for Merit Increases 20 Article 23 Tuition Reimbursement 21 23.1 Required Educational or Training Courses 21 23.2 Training Time 21 23.3 Reimbursement 21 Article24 Wellness Reimbursement Program 22 Article 25 Employee Computer Purchase Program 22 Article 26 Safety Programs 22 26.1 Safe Driving Program 22 26.2 Injury and Illness Prevention Plan (IIPP) 23 Article 27 Driver's License Renewal 23 Article 28 Comprehensive Annual Leave Policy 23 28.1 Catastrophic Leave 26 3 28.2 CAL Time Cash Out 26 Article 29 Bereavement Leave 26 Article 30 Family Care and Medical Leave of Absence (FMLA) 27 I. Statement of Policy 27 II. Definitions 27 III. Reasons for Leave 30 IV. Employees Eligible for Leave 31 V. Amount of Leave 31 VI. Employee Benefits While on Leave 32 VII. Substitution of Paid Accrued Leaves 32 VIII. Medical Certification 33 IX. Employee Notice of Leave 34 X. Reinstatement upon Return From Leave 34 XI. Required Forms 35 30.1 Pregnancy Leave 35 Article 31 Jury Duty 36 Article 32 Military Leave 37 Article 33 Leaves of Absence Without Pay 37 33.1 Procedure for Requesting Leave of Absence Without Pay 38 33.2 Procedure for Unforeseen Circumstances 38 Article 34 Cafeteria Plan 39 34.1 Health Coverage 39 34.2 Dental Coverage 39 34.3 Vision Coverage 39 34.4 Disability Insurance 39 34.5 Flexible Benefits Program 40 34.6 Retiree Medical, Dental and Vision Premium Reimbursement 40 Article 35 Life Insurance 41 Article 36 Retirement 42 Article 37 Deferred Compensation 42 Article 38 Late Starts 42 Article 39 Rest Periods 43 Article 40 Hours of Work 43 40.1 Participation 43 40.2 Work Period 43 40.3 9/80 Day Off 44 40.4 Alternating Day Off Designation 44 Article 41 Grievance Procedure 44 41.1 Grievance 44 41.2 Representation 44 41.3 Grievance Discussion 44 41.4 Non -Reviewable Grievance 44 41.5 Filing of Grievance 45 4 41.6 Grievance Time Limits 45 Article 42 Discipline 46 Article 43 Alcohol and Drug Policy 50 Article 44 Reduction of Workforce 50 Article 45 Job Actions 51 Article 46 Americans with Disabilities Act (ADA) 52 Article 47 Classification Studies 52 Article 48 Performing Arts/ Theater Staff 52 Article 49 Posting of Vacancies 53 Article 50 Separability 53 Article 51 Performance Evaluations 53 5 Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated representatives (hereinafter referred to as the "representative") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et. Seq.) and has been jointly prepared by the parties. Article 1 Recognition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the Union) as the exclusively recognized labor organization representing employees assigned to job classifications as set forth in Appendix "A" of agreement. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by Union members. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:01 a.m., July 1, 2011, except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 11:59 p.m., June 30, 2013. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Government Code 3500 et. seq.). Article 4 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: 6 4.1 City's Authorized Agent City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: P.O. Box 9033, Temecula, CA 92589-9033, (951) 506-5100 except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 General Employees Authorized Agent General employees authorized representative or the California Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative (Address: 9900 Flower Street, Bellflower, CA 90706 (562) 595-4518. Article 5 City Rights The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Employee Rights Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations, including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights. Article 7 Union Rights 7.1 Agency Shop The City of Temecula (City) and Teamsters Local 911, General Employees Bargaining Unit (Union) mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on January 31, 2002, a majority of the full time, regular employees in classifications represented by the Union voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: 7 • Elect to join the Union and pay union dues, or • Pay an agency fee for representation, or • With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. Union Dues/Agency Fee Collection Effective with the pay period beginning March 25, 2002, the Finance Department shall deduct union dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Finance Department. Employees on disability leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agency fee deduction for that pay period. The City will notify the Chief Shop Steward, on a monthly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. New Hire Notification All new hires in the Temecula General Employees Bargaining Unit shall be informed by Human Resources, at the time of hire, which an Agency Shop agreement is in effect for their classification. The employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Union that outlines the employee's choices under the Agency Shop agreement. The employee shall be provided 30 calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Finance Department. The Union may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Union. Failure to Pay Dues/Fees Should an employee fail to make an election and provide the City a signed copy of the Agency Shop employee election form, the Union shall notify the City, requesting the employee be terminated from employment for failure to make an election. Within seven (7) working days of each new hire in the bargaining unit, the City shall notify the Union of all new hires, providing the Union the employee's name, classification and date of hire. Union Dues Process Human Resources will schedule a new hire orientation, which will include a meeting with a union shop steward. The Union Steward will instruct the new hire to fill out the Agency Fee Election Form and return it to Human Resources within 30 days of their hire date. If, after 30 days, an employee fails to make an election and provide the city a signed copy of the Agency shop employee election form, Human Resources will notify the Chief Union 8 Steward and the City shall, by default, designate the employee as an agency fee payer. Once defaulted, the City then notifies the Union. The Union then mails the employee their "Hudson Rights". Religious Exemption An employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting a union shall not be required, as a condition of employment, to join the union and pay union dues or pay an agency fee for representation. City understands that the Union claims it is entitled to require employees to show proof of entitlement to religious exemption status. In lieu of union dues or agency fee, the employee claiming religious exemption shall be required to pay a fee equal to the Agency Fee, and those fees shall be remitted by the City, at the choice of the employee, to one of the following non -labor, non -religious charitable organizations: • United Way • Combined Health Agencies (CHA) • Specific charities that are supported by United Way/CHA Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 (f). The City shall provide the Union a list of all unit members and dues paying status with each union dues check remitted to the Union. Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 9 7.2 Bulletin Boards The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. All postings shall be done by an authorized Union representative after the following procedure is followed. Procedure A. All posted materials must be approved by Human Resources. B. Unauthorized materials may not be posted on City bulletin boards. C. Posted materials must be dated by Human Resources and may be removed by Human Resources and/or the Union after ten (10) calendar days. D. The Union may utilize the City's e-mail for bargaining unit communication with prior Human Resources approval. 7.3 Union Roster The Union shall provide and maintain, with the City, a current list of the names and all authorized representatives of the General Employee Unit. 7.4 Employee Representatives Four (4) shop stewards, along with three (3) alternate shop stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. Because of the potential impact on the operation of an individual department, the four (4) shop stewards, along with three (3) alternate shop stewards, shall not have more than two (2) absent at one time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from Human Resources (training not to exceed more than 2 times per year). The Union is to meet with the City Manager at least two (2) times per year during the life of this agreement. 7.5 Dues Check offs The City shall deduct from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorized in writing, such authorizations will comply with appropriate laws and regulations. The Union agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Article. 10 Article 8 Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. A unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 8.2 Derogatory Material on File Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 8.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority For the purpose of this Memorandum, "seniority' shall mean a bargaining unit member's total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. Except for military leave, a single injury leave above one (1) year will not be counted for purposes of calculating seniority. Article 10 Compensation Adiustments 10.1 Longevity Compensation Upon completion of ten (10) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $350. 11 Upon completion of 15 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500. Upon completion of 20 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. 10.2 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. Beginning on July 1, 2008, all employees will be eligible for $450 in Special Merit Pay, on their service anniversary date, if they have completed five (5)+ years of service with the City and have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + or— in these categories. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of Commendable/Outstanding will qualify. If an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "commendable or outstanding" will be required on only two (2) out of the employee's last four (4) annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. 10.3 Bilingual Pay Employees who have demonstrated the ability, by passing an annual City administered test, to translate both written and spoken Spanish, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two (2) employees in each operating department. If more than two (2) employees are eligible, actual compensation will be awarded based on the two (2) highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee, to meet the City's needs. 10.4 Notary Pay Effective the first full pay period in July 2008 the City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. 12 Article 11 Holiday Pay 11.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8) or nine (9) hours on the applicable City observed holiday, 11.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the number of hours worked. 11.3 Scheduled to Work a Holiday Work on a holiday: if a Regular Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. In addition, the employee will be paid holiday pay in accordance with the above plus shift differential (Article 18). Those employees on stand-by status, who work on a City holiday, should be compensated as outlined in Article 17 (Stand By Pay). 11.4 9/80 Work Plan for Holiday Pay 9/80 Work Plan - Holiday on Employee's Scheduled Day Off: If a holiday occurs on an employee's scheduled day off, the employee will receive an eight (8) or nine (9) hour day off immediately prior to the holiday. 11.5 Floating Holiday Either an eight (8) or nine (9) hour floating holiday is provided at the beginning of each fiscal year. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. Article 12 City Holidays Represented employees receive a total of 12 City holidays each calendar year. The City observes the following 11 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day 13 Thanksgiving Day Friday following Thanksgiving Day 1/2 day — Christmas Eve Afternoon Christmas Day 1/2 day — New Year's Eve Afternoon One (1) floating holiday is provided in each of the years during the life of this agreement. This floating holiday may not be carried over year to year. Holidays must be scheduled in advance. Employees will submit, to their supervisor/department director, a first and second request of preference. If denied, employees are allowed to take the holiday at a mutually agreed to later date. Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. In the case of the 1/2 day holiday observances, City facilities will be closed to the public at noon. Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Article 13 Overtime All employees required to perform in excess of 40 hours in a work week, as defined in Sections 13.1 and 13.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform in excess of 12 hours in a workday shall receive compensation at the rate of double the time of the employee's regular rate of pay for those hours in excess of 12 hours. (Note: Performing Arts/Theater Staff should refer to Article 48 for additional information regarding theater overtime scheduling.) In determining an employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime hours in accordance with Article 15, Compensatory Time. In addition the following provisions apply, 14 13.1 Work Week Work week defined: for the purpose of computing overtime, the workweek for employees who work the regular schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9/80 Work Week 9/80 work week defined: for the purpose of computing overtime, the work week for employees who work the 9/80 Plan is a seven (7) day period beginning at 12:01 p.m. on each Friday and ending 12:00 noon on the following Friday. 13.3 Time Worked Time worked: for purposes of this policy, hours worked include only those hours in which the employee performs services authorized by the City. 13.4 Called Back to Work An employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment and upon leaving the duty station. If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As is practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. 13.5 Assignments Overtime assignments will be offered through an equitable process. Assignments for scheduled events will first be offered to volunteer(s). Assignments for unscheduled events will be issued based upon qualifications, experience, and resources needed. Article 14 Overtime Authorization No employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. Violations of this article can result in disciplinary actions pursuant to Article 42 and the City's Disciplinary Policy. Article 15 Compensatory Time In lieu of receiving overtime pay pursuant to Article 13 (Overtime) and Article 14 (Overtime Authorization) an employee may elect, to receive compensatory time off on a time and one-half 15 basis for each hour worked. Compensatory Time Off is considered permissive leave and, subject to department approval, is consistent with Article 28 (Comprehensive Annual Leave). In addition, the following shall apply regulating the usage of compensatory time off: 15.1 Accrual No employee shall accrue more than 80 hours of compensatory time. 15.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Article 28 (Comprehensive Annual Leave) of this M.O.U. 15.3 Cash Out All compensatory time that is available to an employee will be cashed out, at full value, and given to the employee within the first full pay period that includes December 1S'. The compensatory time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a portion of Compensatory Time that would need to be used within 60 days. Article 16 Call -Out Policy Call -out duty applies to all employees and occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. For the purpose of this policy, there are two types of call -out. The first is when an employee is required to physically leave their residence and report to duty. This is termed, a response call -out. The second type of call -out is termed a non -response call -out and occurs when an employee is telephoned and/or paged and can resolve the problem without having to physically leave their residence and report to work. Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees who are not designated on stand-by status and are called out will receive compensation for the time they leave their residence to the time that they leave the duty station. Employees who have a response call -out will be credited with all hours worked with a minimum of three (3) hours. Any hours worked in excess of the three (3) hours, which includes travel time, will be credited at one and one-half times regular (non -overtime) rate of pay. In addition, Call Out Pay will be paid to employees and cannot be included in any Comp Time bank. Employees who have a non -response call -out will be compensated at one (1) hour of time and one- half, if the non -response call -out occurs between 6:31 a.m. and 12 midnight. If the non -response call -out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two (21 hours of one and one-half times regular (non -overtime) rate of pay. If applicable, employees are subject to the provisions of Article 13.4 (Overtime) regarding rest periods during call -out situations. 16 Article 17 Stand-bv Pav In any situation where an employee has been in a designated "stand-by" status and is to remain on- call, the employee shall be compensated at the rate of $230 for each seven (7) day stand-by period or pro -rated on a daily basis ($32.86/day). Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees may also be designated in stand-by status for individual days and stand-by status can be applied to any City of Temecula employees. Compensation for daily stand-by pay will be computed at 1/7 of the weekly amount described above. Assignments for standby duty will be scheduled on a rotational basis. This 7 -day standby period includes "Friday's off' (pursuant to the 9/80 work schedule), as well as weekends and holidays. If applicable, employees are subject to the provisions of Article 13.4 (Overtime) regarding rest periods during stand-by situations. Employees on a "stand by" status shall be required, at all times, to carry a functioning, City provided pager and be able to respond to the page within 15 minutes of being paged. Upon responding to the page, the employee must give an estimated response time to the caller. In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. Employees officially designated as on stand-by on an officially recognized City holiday will receive an additional $50 for that day. A: Substitution of Standby Duty: Your supervisor must approve all substitutions. There are two (2) types of substitutions related to Standby Duty, as follows: 1. Straight Substitution: You may request that another employee substitute for you, subject to the approval of your supervisor, with at least 48 hours prior notice. Substitutions shall not be assigned between employees. In this instance, the supervisor will, to the extent possible, solicit and assign volunteers through the hat - pick lottery. 2. Emergency Substitution: In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, (including additional employees) to provide standby coverage. In both instances above the substituting employee will receive the appropriate daily rate of 1/7 of weekly amount described above for each standby duty day. 17.1 Rotation of Storm -Watch Crews As employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. In association with this designation, the Public Works Maintenance Superintendent, or their designee, may implement a Storm -Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other severe storm related problems exist. 17 17.2 Rotation of Banner Installation/Removal Crews Pursuant to a quarterly schedule prepared by the Maintenance Superintendent, the Public Works Maintenance Division employees may be assigned to Banner Installation/Removal Crews for special event purposes throughout the year. Article 18 Shift Differential Pay Employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays along with the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. During the term of this agreement, shift differential will be provided to traffic signal staff for all work conducted on Saturdays. The City reserves the right to change how responses are handled relative to traffic signal service needs on weekends. Article 19 Clothing Allowance City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience for City employees. Each field employee, in Public Works and Community Services, is responsible for wearing a City furnished uniform at all times while performing City -related work. 19.1 Uniforms The City shall provide designated field employees with uniforms. The uniforms consist of shirts and pants. The City shall provide laundry service for the uniforms. Departments will annually provide a minimum of five (5) City staff shirts (style determined by individual departments) to field employees in Building and Safety, Code Enforcement, Public Works, TCSD, Signal Technicians and Park Rangers. Department Directors may authorize additional City provided shirts based upon operational needs. In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 19.2 Care of Uniforms Each field employee shall take proper care of uniforms and maintain high standards of personal grooming and neatness. Hair, jewelry and accessories must not impede the safe and efficient execution of their duties. 19.3 Wearing of Uniforms A uniform, or any part of it, shall be worn only during working hours and while traveling between work and home. City uniforms shall not be worn outside of working hours unless authorized by their department. 18 19.4 Uniform Replacement The City will determine the need for and timing of uniform replacement. 19.5 Safety Equipment The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 19.6 Safety Boots/Shoes Safety boots or shoes as determined by the City shall be worn with the uniform. Ordinarily tennis shoes, sandals, etc., are not permitted without specific department approval for safety reasons. This allowance is $175. The boot allowance will be paid in the first full pay period of July. Employees receiving the boot allowance must wear boots that are appropriate for their duties and said boots must be maintained in a good/safe condition. 19.7 Eligible Classifications Employees in the classification of Building Inspectors, Landscape Inspectors, Public Works Inspectors, and Code Enforcement Officers are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. 19.8 Additional Boot Allowance If field staff require specialized boots or have unusual wear and tear because of work functions (special needs shall be supported with a formal request and appropriate documentation to the supervisor for approval) additional boot allowance may be provided. Article 20 Temporary Upgrade As a result of vacancies, leave of absences or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. This policy allows the City to temporarily upgrade the affected employee. It shall be the responsibility of the Department Supervisor to notify Human Resources, in writing, to implement the temporary upgrade for any affected employee. Human Resources will, in turn, notify the union when a temporary upgrade is initiated and/or terminated. Approval required: with the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties on an interim basis provided that: 19 A. The higher level position is vacant and is approved by the City Managerfor new or continued staffing, B. the duties of the higher level position are outside of the scope of the employee's current classification as determined by the City Manager, or a designee, C. the vacancy is expected to continue for at least 15 business days, but not longer than one (1) calendar year, and, D. the employee possesses the minimum qualifications to perform the work of the higher classification. Salary: the salary of an employee in a Temporary Upgrade Assignment shall be adjusted by approximately 5% or to the minimum rate of the temporary classification, whichever is greater, for the period of the temporary assignment. Effective Dates: the City Manager, ora designee, shall establish the effective dates of a Temporary Upgrade Assignment. In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is created by extended leave approved by the City Manager pursuant to Article 33 (Leaves of Absence without Pay) of this M.O.U. Article 21 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of full time employment in the position. An employee on their original probation shall receive an evaluation at three (3) months, six (6) months and nine (9) months. The City can extend probation for a maximum of six (6) months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 21.1 Promotional Probation Promotional probationary appointments shall be subject to a probationary period of not less than six (6) months of full time employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Article 22 Eligibility for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted anniversary date. Merit adjustments (based upon performance and the policy as stated in the Performance Evaluation and Compensation System- PEACS) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. In addition, it is agreed that during the life of this agreement, supervisors and managers agree to conduct annual evaluation meetings within 30 days of the employee's anniversary date. 20 Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1) year of continuous service and at the employee's annual anniversary date thereafter, provided that the employee is not a Y -Rated employee or at the maximum rate for their salary range. Approved merit adjustments will be retro -active to the official evaluation due date. Article 23 Tuition Reimbursement When an employee is ready to enroll in classes that they would like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre -approval form to their supervisor. If approved, the supervisor, in turn, would submit the pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employment with the City for one (1) year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one (1) fiscal year. Additional funds may be approved on appeal to the City Manager. 23.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 23.2 Training Time In general, training time during working hours shall be considered part of the job. Non- mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 23.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job-related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is, the City will reimburse employees for three (3) general education classes, over the life of this 21 agreement, as long as the classes are a part of a degree or certificate program. These three (3) classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Article 24 Wellness Reimbursement Program Employees are allowed up to a $400 per fiscal year stipend to be reimbursed for annual physicals, body scans, gym membership or stationary -type fitness equipment (excluding recreational sporting equipment and apparel). Under annual review with the Benefits Committee a list detailing eligible/ineligible items reimbursable items will be posted on Share Point. The Wellness Reimbursement Program form will have detailed criteria of eligible/ineligible wellness expenses. Employees must turn in their Wellness Reimbursement Program form no later than the last payroll of June. Any unused benefit will not be carried over to the following fiscal year. Article 25 Employee Computer Purchase Program This program allows employees to borrow, at no interest, up to $2,000 to purchase a personal computer with a loan repayment up to 24 months. To qualify for the program, employees must be regular, full-time/part-time employees and have successfully passed their one (1) year probationary period. Employees must also elect to purchase a computer/equipment system that is capable of running Microsoft Office Suite, ( i.e. Word, Excel, PowerPoint etc.) Loans can be received by either Reimbursement of Costs or Direct Payment to Vendor (see Employee Computer Purchase Program Administrative Guideline for further details). Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12 month loan. Repayment in full will be accepted at any time, without penalty to the employee. Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Article 26 Safety Programs 26.1 Safe Driving Program Full-time benefited employees, who are assigned to a to a City vehicle, are eligible to participate in the Safe Driving Award Program. Employees assigned to pool vehicles do not qualify. Eligible employees must not have been in any "preventable" vehicle accidents during any given full fiscal year. 22 An accident is defined as: any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non -preventable". Preventable — the driver failed to do everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non -Preventable — the driver did everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Qualifying employees are recognized and receive awards after one (1) year and then in five (5) year increments thereafter. When an employee is notified by the Department of Motor Vehicles that their Class driver's license is about to expire, the employee needs to follow the DMV instruction for Class A renewals. Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) needs to be submitted to Human Resources for verification purposes. 26.2 Injury and Illness Prevention Plan (IIPP) It is the intention of the City of Temecula to maintain a safe and healthy work environment for all employees. This Injury and Illness Prevention Plan (IIPP) was designed to promote a safe work environment. To meet this goal, it shall be the policy of the City of Temecula to give precedence to safety above expediency of any operation and to comply with established state laws and City ordinances and standards. Continued efforts in safety education, field operational review, working condition safety and accident prevention analysis, in conjunction with active participation by supervisors and employees, will ensure a successful Injury and Illness Prevention Plan (IIPP). Article 27 Driver's License Renewal It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. For California Commercial driver's licenses (A & B), renewal requirements, DMV fees, physicals and training are to be paid by the City. A. Release Time: For the purposes of obtaining and/or renewing a Class A Driver's Licenses, pursuant to the scope of responsibilities within their classification specification and upon supervisory approval, employees are provided release time to process paperwork at the DMV. Article 28 Comprehensive Annual Leave Policy The intent of this policy is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave from the date of hire. 23 Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. The accrual rate for non-exempt (hourly) employees is as follows: Annual Hours of Biweekly Maximum Increment Annual Leave Accrual Rate Accumulation Hire date 152 5.846 304 hours 2-4 years 168 6.462 336 hours 4-6 years 208 8.000 416 hours 6-8 years 224 8.615 448 hours 8-10 years 240 9.231 480 hours 10+ years 264 10.154 528 hours 15+ years 264 10.154 640 hours The accrual rate for exempt employees is as follows: Annual Hours of Biweekly Maximum Increment Annual Leave Accrual Rate Accumulation Hire date 168 6.462 336 hours 2-4 years 184 7.077 368 hours 4-6 years 224 8.615 448 hours 6-8 years 240 9.231 480 hours 8-10 years 256 9.846 512 hours 10+ years 280 10.769 560 hours 15+ years 280 10.769 640 hours Annual leave accrual: annual leave will be earned on a prorated rate each pay period. Maximum balance: the maximum accrued unused Comprehensive Annual Leave accumulation, which an employee may have at any one time, is two (2) times the employee's annual accrual. However, the City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two (2) times the annual accrual limit for good cause shown. Requesting time off: a leave request form is to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. In the event of an unforeseen absence, the employee shall contact their immediate supervisor or representative as directed by the Department Director within 30 minutes of the start of their normal scheduled shift. Scheduling: the scheduling of Comprehensive Annual Leave shall be determined by the employee's supervisor based upon: first, the needs of the City; second, the employee's request; and then seniority. Departments will determine a schedule as to when they will route their departmental vacation calendar. Employees with greater seniority, within the department, will be given the first opportunity to select their vacation. If after the needs of the City and the employee's request have been taken into consideration, and two (2) employees have requested the same period of time off, 24 which will cause a staffing conflict within the same job area or function, seniority will be used as the determining factor as to who will receive the requested time off. However, if the same staffing conflict arises the following year, and seniority was used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. A leave request form needs to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor. If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. The supervisor is encouraged to make their decision within 24 hours of the request; however, in the event that additional time is needed, this decision should be generally made within five (5) business days. If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. The above noted turnaround time for this approval is also important when considering an employee's request for multiple time -off requests over the course of a year. This can become important in light of the seniority clause in Article 9 of the MOU. The MOU and current City policy do not require an employee to have a designated number of CAL hours available in order to take scheduled time off. However, the employee must have enough hours in their CAL Leave bank, to cover their leave request, before the scheduled leave commences. If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating personal for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. Management can only strongly encourage that an employee keep a "safe" number of hours on the books in the case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness or personal leave. Legitimate leave of absences such as workers' compensation, disability, or extended illness should not be factored in when approving/disapproving time -off requests. In addition, the City encourages communication between employees and their supervisor and it is acceptable for the employee and the supervisor to agree on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of a Grievance Procedure (Article 41), any disputes that arise out of the scheduling of CAL time, will be handled by Human Resources. The determination of Human Resources will be final and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: City holidays which occur during an employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. 25 Separation of employment: upon separation from employment with the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non - overtime rate of pay. 28.1 Catastrophic Leave Upon approval by the City Manager, or designee, employees may donate a maximum of 16 hours (if 120 hours remain in donating employee's CAL bank) to a fellow employee in the event of a medical emergency to the employee or an immediate family member of the employee. (Refer to Article 29, Bereavement Leave, for definition of family member.) A "medical emergency" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. In addition, the City has the right to request a doctor's note to verify the medical emergency. The City will pool all hours that are donated and employees, who are eligible for the donation, will receive said donation from the pool. The maximum donation to individual employees is 160 hours per fiscal year. 28.2 CAL Time Cash Out In June, employees may cash out CAL Time under the following criteria: A. May cash out up to a maximum of 120 hours. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 80 hours of CAL Time during the fiscal year. The CAL Time Cash Out will be provided by the end of the fiscal year on a separate check. The CAL Time Cash Out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. Article 29 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may also use CAL time in conjunction with bereavement leave. Employees may receive a maximum of three (3) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five (5) business days of bereavement leave. A. For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, mother, father, sister, brother, daughter, son and grandparents. 26 B. A leave request form must be completed by the employee and approved by their supervisor. Depending upon circumstances, employees can submit bereavement leave and Comprehensive Annual Leave (CAL) requests after the employee returns to work. In addition, the supervisor may require verification that bereavement leave was warranted. Article 30 Family Care and Medical Leave of Absence (FMLA) I. Statement of Policy To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by this article, "Leave" under this article shall mean leave of absence pursuant to the FMLA and CFRA. II. Definitions A. "12 -Month Period" means a rolling 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken. B. "Single 12 -month period" means 12 -month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date. C."Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step -child. A child is "incapable of self care" if he/she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living—such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. D. "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. E. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. F. "Domestic Partner," as defined by Family Code §§ 297 and 299.2, shall have the same meaning as "Spouse" for purposes of CFRA Leave. 27 G. "Serious health condition" means an illness, injury impairment, or physical or mental condition that involves: 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or 2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: a) A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: i) Treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, bya health care provider, bya nurse or physician's assistant under direct supervision by a health care provider, or bya provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider. The first in-person treatment visit must take place within seven days of the first day of incapacity; or ii) Treatment by a health care provider on at least one occasion which must take place within seven days of the first day of incapacity and results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment. b) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.) c) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: i) Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and iii) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. d) A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the 28 continuing supervision of, but need not be receiving active treatment by, a health care provider. e) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. H. "Health Care Provider" means: 1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; 2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition; 3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; 4. Nurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; 5. Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts; and 6. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. I. "Covered active duty" means: in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country, or (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of member of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions. J. "Covered Service member" means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during 29 the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. K. "Outpatient Status" means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. L. "Next of Kin of a Covered Service member" means the nearest blood relative other than the covered service member's spouse, parent, son, or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. M. "Serious Injury or Illness" (1) in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by a member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy, means a qualifying injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. III. Reasons for Leave Leave is only permitted for the following reasons: 1. The birth of a child or to care for a newborn of an employee; 2. The placement of a child with an employee in connection with the adoption or foster care of a child; 3. Leave to care for a child, parent, spouse, or registered domestic partner who has a serious health condition; 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; 5. Leave for a "qualifying need" may be taken arising out of the fact that an employee's spouse, registered domestic partner, son, daughter, or parent is on active military duty or 30 has been notified of an impending call or order to active duty in support of a contingency operation involving the United States Armed Forces; or 6. Leave to care for a spouse, registered domestic partner, son, daughter, parent, or "next of kin" service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) (this leave can run up to 26 weeks of unpaid leave during an employee's 12 -month period) (under the FMLA only, not the CFRA). IV. Employees Eligible for Leave An employee is eligible for leave if the employee: 1. Has been employed for at least 12 months; and 2. Has worked for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. V. Amount of Leave Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for a covered service member) of leave during any 12 -month period. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. A. Minimum Duration of Leave If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed By the City of Temecula In any case in which a husband and wife both employed by the City are entitled to leave, the combined number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12 -month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). 31 In any case in which a husband and wife both employed by the City are entitled to leave, the combined number of workweeks of leave to which both may be entitled may be limited to 26 workweeks during any 12 -month period if leave is taken to care for an injured service member. Except as noted above, this limitation does not apply to any other type of leave under this policy. VI. Employee Benefits While on Leave Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the job. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due to the City (e.g. unpaid wages, vacation pay, etc.). Employees will not be required, but may use at their option, all accrued Comprehensive Annual Leave time for Leave while under the care of a health care provider or if taken to care for an injured service member. Employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other FMLA leave of absences, which exceeds 24 weeks, shall result in an adjustment to the employee's Comprehensive Annual Leave and salary review date. VII. Substitution of Paid Accrued Leaves While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA and/or CFRA leave, and may also require an employee to use FMLA concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. A. Employee's Right to Use Paid Accrued Leaves Concurrently with Family Leave Where an employee has earned or accrued paid CAL time, administrative leave, or compensatory time, that paid leave may be used concurrently for all or part of any (otherwise) unpaid leave under this policy. Use of CAL time does not extend the leave beyond the 12 weeks specified by law. 32 B. City's Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave Employees may exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave. 1. Employees are required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act. VIII. Medical Certification Employees who request leave for their own serious health condition or to care for a child, parent, registered domestic partner, or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City of Temecula. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Employees who request leave to care for an injured service member who is a child, spouse, registered domestic partner, parent, or "next of kin" of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. The first time an employee requests leave because of a qualifying exigency, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to active duty status in a foreign country, and the dates of the covered military member's active duty service. A copy of the new active duty orders or similar documentation shall be provided to the employer if the need for leave because of a qualifying exigency arises out of a different active duty or cal to active duty status of the same or a different covered military member. A. Time to Provide A Certification When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. 33 However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided. C. Second and Third Medical Opinions If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave On A Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. IX. Employee Notice of Leave Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion; adequately cover the position with a substitute. For foreseeable leave due to a qualifying exigency, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. X. Reinstatement upon Return From Leave A. Right to Reinstatement Upon expiration of leave (no more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period. 34 If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically On His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her, job, the employee must obtain and present a certification from their health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. XI. Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: 1. "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave. 2. Medical certification—either for the employee's own serious health condition or for the serious health condition of a child, parent, spouse or registered domestic partner. 3. Authorization for payroll deductions for benefit plan coverage continuation; and 4. Certification to return work from appropriate health care provider. 30.1 Pregnancy Leave A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence without pay, the employee has the option of using CAL time. In addition, employees who are out on Pregnancy Leave will also be placed on FMLA. Their Pregnancy and FMLA Leaves will run concurrently. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the department director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of 35 her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. Female employees shall be reasonably accommodated for conditions related to pregnancy, childbirth or related medical conditions if the employee requests an accommodation with the advice of her healthcare provider. Article 31 Jury Dutv The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). However, if an employee is testifying on a civil/criminal case that does not involve official City business, then the employee is required to utilize any accrued Comprehensive Annual Leave (CAL) time that the employee has available. Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. When an employee receives an initial summons to report for jury duty, the employee must provide a copy of the summons to his or her supervisor immediately_upon receipt, regardless of whether s/he is called to serve. It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (i.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business then the employee is required to utilize available Comprehensive Annual Leave (CAL) time. A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave (CAL) time shall be recorded on the timesheet under the code for CAL time. Defining "Practical" Return to Full Duty When released early, which is defined as more than two hours remaining in the business day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. In determining whether an employee shall return to work following the completion of jury duty for that day, reasonable consideration shall be given to such factors as: courthouse delays, parking conditions, travel time, and a rest period. If two (2) hours or less are 36 remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. Employees are not required to report to work at the City each day prior to reporting to the court for jury duty unless the report time after 12 noon is ordered. Supervisor Determination If upon discussion with the supervisor or designee it is determined that it is NOT practical for an employee to return to full duty that day, the supervisor's written release stating "not practical to return to full duty", along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to their timesheet. Article 32 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows for employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. The military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 33 Leaves of Absence Without Pay This provision applies to leaves, which are not covered by other provisions within the MOU. 37 Leave of Absence Without Pay is to be used for the purpose of unforeseen circumstances or other situations where leave is requested by the employee. The unforeseen circumstances under this type of leave do not relate to FMLA or pregnancy leaves of absences. In all cases, Leaves Without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. 33.1 Procedure for Requesting Leave of Absence Without Pay The Department Director, subject to the approval of the City Manager, may grant requests for Leave of Absence Without Pay. Employees generally provide a minimum of two (2) weeks' notice, in writing, to request a Leave of Absence Without Pay. Employees must give reasonable notice, to their Department Director, before returning to work. The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence Without Pay in excess of five (5) business days. Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence Without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence Without Pay for more than two (2) monthly premium payment periods. Employees shall retain the status of employee while on Leave of Absence Without Pay. However, a Leave Without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 33.2 Procedure for Unforeseen Circumstances Requests for Leave of Absence Without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. The above procedures will apply to a requested Leave of Absence Without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. 38 Article 34 Cafeteria Plan The City agrees to continue contributing a $940 allotment per month for benefit utilization by each represented employee. The City agrees to a limited re -opener within 18 months of the effective date of this agreement to discuss the monthly allotment amount. At this limited re -opener there will be a review of the medical inflation rate while taking into consideration the City's financial situation as to the action to be taken. The City is under no obligation to increase the monthly cafeteria allotment during the limited re -opener. This allotment must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire an employee, upon proper application and acceptance, shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder to optional benefits as described below or take the remainder in cash. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. In addition, City agrees to include two (2) shop stewards as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 34.1 Health Coverage During the life of this agreement, the City agrees to continue offering the PERS Health Plan. Employees can opt out of the City provided medical plan if proof of outside medical coverage is provided. The City agrees to meet with the Benefit Committee to discuss any changes in the PERS Health Plan prior to open enrollment. 34.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee, comprised of representatives from each unit, prior to selection of the dental plan for the respective Plan Year. 34.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the vision care plan for the respective Plan Year. 34.4 Disability Insurance The City will offer short-term and long-term disability insurance to represented employees. The City agrees to meet with the Benefit Committee prior to selection of short-term and long- term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination 39 period of 7 -14 calendar days for illness and outpatient procedures. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage's. 34.5 Flexible Benefits Program The City will continue to offer, as long as lawfully permitted, a Flexible Benefits Program during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for medical, dental and vision plan deductibles and co -payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of child/dependent care. 34.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Eligible retired employees are those employees that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, benefited position status; who retire from the City of Temecula on or after July 1, 2003; and who have enrolled in coverage under the City's medical, dental and vision plans as provided in Sections 34.1, 34.2 and 34.3 of this agreement, during the appropriate Open Enrollment (prior to the employee's designated calendar year of retirement) and also in accordance with CaIPERS standards. Part-time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City of Temecula pursuant to Article 44 of this M.O.U. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CaIPERS retirement date. C. Employees who have retired prior to the effective date of this M.O.U. will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees (as defined above), who retire during the term of this M.O.U. will be eligible for a reimbursement, for monthly premiums (not including co- payments, prescriptions, and other non -premium expenses) purchased and paid for by 40 them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 34.1, 34.2 and 34.3 of this agreement. This payment will begin within 30 days of the employees PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. Be advised — the PERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. Therefore, the City will be calculating the reimbursable amount based on the AFTER the mandatory employer contribution rate established by PERS annually. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Director of Human Resources. By January 31St of each year, for all coverage's which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Director of Human Resources, proof of coverage and the premium amount for the upcoming year. If this request is not received by January 31st, payments will not be made until the request is received, for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Article 35 Life Insurance The first day of the month following date of hire an employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to employees (outside the City's Section 125 Cafeteria Plan) at no cost to the City. 41 Article 36 Retirement The City agrees to continue to pay the employer's contribution rate required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. The City's PERS contract is the 2.7% @ 55 retirement formula. The City's PERS contract highlights include: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. The City will add a second-tier PERS retirement formula of 2% @ 60 with within the first year of this agreement that will be applied to only those employees hired after the implementation date of the second-tier formula which will include: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service; A more detailed summary sheet is available on the City's intranet website, Share Point. Also be advised — benefited City employees are not covered under Social Security (1.45% Medicare only). The City will continue to pay a contribution to the Public Employees Retirement System, an amount not to exceed 8% of each represented employee's gross compensation to the extent allowable by law. Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Article 37 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Article 38 Late Starts An employee, who is tardy to work or upon returning from break or lunch, shall be docked pay at the discretion of the Department Director or designee(s). Such docking shall be rounded to the nearest 15 minute increment. However, if the employee is tardy for a period of less than 7 1/2 minutes, then 42 no docking of pay shall occur. If the employee is tardy between 71/2 and 15 minutes, then a full 15 minutes shall be docked. The employee may not utilize a shortened break period or lunch period to make up the time. However, if an employee is late due to extenuating circumstances, then the Department Director or designee(s), at the employee's request, may allow the employee to make up the time at some point during the same work period in which the late start occurred. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 39 Rest Periods All represented employees may take, for each full eight (8) or nine (9) hour shift worked at the direction of the respective department, a 15 minute break each four or 4 1/2 -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. Employees working in the field shall take, at the direction of the department, rest periods nearby the work site. Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late or leave work early. Exceptions to this rule must be with supervisory approval. Rest periods are not cumulative. In the event the employee is called off their lunch break because of an emergency or if the department schedules a hands-on mandatory lunch meeting, the employee is entitled to be compensated for this time. Article 40 Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. During the term of this agreement, the City will continue to offer the 9/80 -work schedule as defined below: A 9/80 Work Plan is a work schedule whereby employees work 80 hours in a nine (9) day rather than the traditional ten (10) day period. 40.1 Participation Participation in the plan is on a City wide basis. Employees have the option of participating in the 9/80 Work Plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change from a 9/80 or traditional schedule status to the alternate work schedule on a temporary or on-going basis. 40.2 Work Period The work period, for FLSA and overtime purposes, begins on each Friday at 12:01 p.m. and ends at 12:00 noon on the following Friday. 43 40.3 9/80 Day Off Under the 9/80 Work Plan, employees receive one (1) day off every two (2) weeks. 40.4 Alternating Day Off Designation Friday will be the only alternating day off during the week unless modified by the department. Article 41 Grievance Procedure The purpose of this article is to promote improved employer-employee relationships by establishing procedures for appealing management actions. To afford employees, individually or through representation, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. This process is intended to provide settlement of grievances as near as practicable to the point of origin. 41.1 Grievance A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 41.2 Representation An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 41.3 Grievance Discussion An employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance provided, however, that an employee's representative may not participate in an informal discussion with the supervisor as required prior to the filing of a formal written grievance. 41.4 Non -Reviewable Grievance A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: A. Employee requested applications for changes in title, job classification or salary. B. Appeals from formal disciplinary action. 44 C. Appeals from work performance evaluations. However, there may be an allowable grievance if a bargaining unit member conducts a formal evaluation of another bargaining unit member. 41.5 Filing of Grievance In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within 15 business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 41.6 Grievance Time Limits The time limits set forth in the grievance procedure may be extended by mutual consent of both parties. Step 1 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. The employee and the supervisor are each entitled to the presence of a silent observer. The silent observer for the grievant must be the shop steward for the grievant's appropriate group. An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the supervisor. The supervisor will have five (5) business days to render a decision in writing. Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. Step 2 If the grievance is not settled in Step 1, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the employee's Department Director. The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten (10) business days from the date the grievance is referred to Step 2. The Department Director shall issue a decision within ten (10) business days. The employee may within five (5) business days move the grievance to Step 3. Failure by the employee to raise the issue to the next level will result in the grievance procedure ending. Final Step If the grievance is not settled in Step 2, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. 45 Article 42 Discipline General Statement of Policy: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. Formal discipline is defined as a minimum of a written reprimand. If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. Definition of Disciplinary Action: "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. Such disciplinary actions include: 1) a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warning: The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constructive, and every effort shall be made for the formal warning to be given in private. The supervisor/department director shall include in the formal warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. This memorandum does not go into the employee's central personnel file. In addition, the employee may request that a Union representative be present during this process. Written Reprimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. Misconduct includes failure to meet City performance standards. The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human 46 Resources Department. The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. Finally, the employee has the right to attach a written response to the written reprimand to be placed in the employee's central personnel file. Disciplinary Suspension: Disciplinary suspensions without pay are actions which generally deprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence of the same or similar offenses can result in a second or third disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. The City distinguishes between minor disciplinary suspension as one (1) to five (5) business days and major disciplinary suspensions as six (6) to 30 business days. Minor suspensions can be used as steps in progressive discipline. Major suspensions are used as steps in progressive discipline. Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's ability to perform the required duties falls below standards for that position, provided that the employee has been given a reasonable time to improve. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. Dismissal: Dismissal or involuntary separation of an employee from City employment shall be imposed only when all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. A career employee may be dismissed by the Department Director for just cause as outlined in these rules. 47 Resignation: An alternative to Disciplinary Action: At times, an employee may offer to resign instead of facing disciplinary action. By doing so, the employee loses the right to appeal. A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the employee's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents. If the employee refuses to sign the statement, that fact should be noted in writing by the supervisor. Actions that are not Appealable: Denial of merit or pay increases, performance evaluations, informal discussions, oral counseling's, and formal warnings. Disciplinary Action Subject to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied with. Administrative Suspensions with Pay: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skelly Procedure: A. Written Notice: The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. The written notice shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The notice should include the following information: 1. A description of the proposed action to be taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to support the proposed action; and 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. B. Employee Review and Response: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. 48 Failure to respond within the time specified may result in the employee's waiver of their pre - disciplinary procedural rights. By mutual agreement, the specified time period may be extended. C. Department Director Decision: The Department Director or designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Department Director. If disciplinary action is to be taken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of any proposed disciplinary action may be postponed to allow the Department Director enough time to adequately review the employee's response before making a decision. D. Appeal of Department Director's Decision: An employee may appeal a Department Director's decision within ten (10) business days of receiving the decision. An appeal shall be accompanied by a copy of the written notice of disciplinary action served on the employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. If an employee withdraws the appeal, the employee waives the right to further review. Appeals filed within the ten (10) day requirement shall be handled in accordance with the following provisions: E. Minor Disciplinary Suspension, Reduction in Pay and Demotion: An employee may appeal a disciplinary suspension of five (5) days or less, or a reduction in pay of 5% or less annualized by submitting a written response to Human Resources within ten (10) business days after the employee has received the Department Director's decision. Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The City Manager's written decision is the final and conclusive administrative review. F. Major Disciplinary Suspension, Reduction in Pay, Demotion and Dismissal: Disciplinary suspensions of greater than five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. The City Manager may designate the Assistant City Manager or another person mutually agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairly determined on reliable evidence. 49 The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. The Hearing Officer may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The Hearing Officer's decision on the appeal is final and conclusive administrative review. However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. G. Amended Notice of Disciplinary Action: At any time an appeal is submitted for decision, the Department Director or designated authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file(s). Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare a response, but the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. Article 43 Alcohol and Drug Policy It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Drug Policy over the life of this agreement. Article 44 Reduction of Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no permanent full-time employee shall be separated from a department while emergency, project, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. The order of layoff shall be as follows: Order of Layoff: The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources. The overall evaluation rating will be utilized for purposes of determining performance. If the overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall 50 performance. Those employees with the lowest overall ratings will be further evaluated in Section B and C, detailed below. B. Documented disciplinary actions above the written reprimand level during the preceding 12 months C. Seniority (as defined in Article 9) in relation to the following categories: 1. in the City 2. in the classification 3. in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-employment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to a reduction -in -force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff (last employee reduced is first rehired), to individuals named on the Re-employment List who at the time of the reduction -in -force, held a position in the same job classification. The City may also offer voluntary layoff packages to employees. These packages, at the discretion of the City Manager, may provide 90 days of compensation for employees who volunteer to participate in a voluntary reduction of workforce process. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of 12 months from the date of placement on the list. B. Re-employment with the City in a regular full-time position. C. Request in writing to be removed from the list. Status on Re-employment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within 12 months from the date of their layoff or termination shall be entitled to: A. Restoration of seniority accrued prior to layoff. B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave (CAL). C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. Article 45 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. 51 Article 46 Americans with Disabilities Act (ADA) Because the Americans with Disabilities Act (ADA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case-by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The bargaining unit recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The employee's bargaining unit will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance/Arbitration procedure. Prior to disregarding any provision of this agreement in order to undertake required reasonable accommodations for an individual protected by the Act, the City will provide the business representative of the bargaining unit with written notice of its intent to disregard the provision, and if requested will allow the business representative of the bargaining unit the opportunity to discuss options to disregarding the agreement. Article 47 Classification Studies Management and union agree to draw up a side letter to move classification study forward. The side letter will establish the: • Criteria • Prioritization • Implementation The established committees will be ready by spring of 2012 to meet and confer regarding implementation by also creating appropriate job descriptions/salary ranges, resulting from the classification studies. The City is under no contractual obligation to implement any of these recommendations. Article 48 Performing Arts/ Theater Staff Represented City employees who work at the City of Temecula Old Town Temecula Community Theater are provided benefits in accordance with the M.O.U. A. Employees are provided Shift Differential in accordance with Article 18 of the M.O.U. B. Employees who do not receive a meal break after the 5th hour shall be compensated at 1.5 times their hourly rate of pay until a meal break is provided, in accordance with Article 40. The City utilizes outside production companies therefore if a meal penalty occurs, 52 employees will be compensated at time and a half by the production company, in accordance with the M.O.U. C. With regards to overtime, all employees shall be compensated in compliance with Article 13 (Overtime) of the M.O.U. D. Employees shall receive an 8 hour rest period between work periods, as outlined in Article 13.4 (Overtime). Article 49 Posting of Vacancies The City will post all bargaining unit vacancies consistent with the MOU. The City agrees to conduct a competitive process for any bargaining unit open position, including promotions, during the life of this agreement. This competitive process does not apply to the classification studies. Article 50 Separability If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. However, there will be no obligation on either party to agree on a replacement provision. Article 51 Performance Evaluations The established Classification Studies Committee(s) will set up measurable criteria for each classification along with a more detailed definition of each of the five (5) rating levels to create "consistency" in the evaluation process throughout all City departments. All managers will be trained in communication skills and enhance their ability/knowledge to give employees the tools needed to achieve acceptable rating levels and maintain a successful career path If an employee's overall rating drops two (2) rating levels from one evaluation period to the next evaluation period — the employee has the right to appeal the rating with representation from both the Union and the City Manager's office present. When there is a change with whom a bargaining unit employee reports to, their evaluation for that rating period will be completed in the following manner: a. The evaluation will be completed by the supervisor that had the employee under their supervision the most during that 12 -month period. b. The new supervisor will provide input and establish a new set of goals/objectives. c. The employee's evaluation date will not change unless the change to a new supervisor is due to a promotion. Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources, on a mutually agreed upon schedule. Human Resources and the Union will work cooperatively to ensure the timely receipt of annual evaluations. At 60 days past the official evaluation due date, the 53 Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). The Union can initiate payment by contacting Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. 54 Posting of Agreement A copy of this agreement will be initially distributed to all represented employees and given to all new employees hired into the unit after date of adoption. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve it. For the City: Grant M. "ates Deputy -City Manage / Aaron Adams Assistant City Manager Greg Butler Pub,L C Works Director )01/kk., Denise Lanier Sr. Human Resources Analyst 4_ Human Resources Analyst ATTEST For the Representatives: Urti Mary Vollmuth Employee Organization Representative J rry Gonza%z Employee Organization Representative Maria Ching J Emplo ee Organization Representative Chester Morda�ini President, Teamsters Local 911 55 Title Accounting Assistant Accounting Specialist Administrative Assistant Aquatics Supervisor Assistant Engineer Assistant Planner Associate Engineer Associate Planner Asst. Signal Technician Building Inspector 11 Business License Specialist / Cashier Central Services Coordinator Central Services Supervisor Code Enforcement Officer 1 Code Enforcement Officer 11 Community Development Coordinator Community Development Technician Construction Manager Custodian Facility Services Manager GIS Analyst I.S. Specialist Junior Engineer Landscape Inspector Lead Maintenance Worker Maintenance Worker Appendix A Represented Classifications 7/1 /11 Title Museum Services Manager Office Assistant Office Specialist Park Ranger Patron Services Coordinator Public Works Inspector Purchasing Coordinator 11 Recreation Supervisor Special Projects Engineer Sr. CIP Specialist Sr. GIS Programmer Sr. I.S. Specialist Sr. Landscape Inspector Sr. Office Specialist Sr. Public Works Inspector Sr. Recreation Coordinator Sr. Signal Technician Technical Theater Coordinator Theater Technical Supervisor Webmaster Item No. 11 APPROVAL RAI— CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 14, 2011 SUBJECT: Community Grant Agreement with the Temecula Sister City Association Prepared by: Robin Gilliland, Museum Services Manager RECOMMENDATION: That the City Council approve a grant in the amount of $7,500.00 for the Temecula Sister City Association for fiscal year 2011-2012. BACKGROUND: The Temecula Sister Cities Association (TSCA) is a California non-profit corporation that supports cultural exchanges of people and ideas between the citizens of our community and foreign communities. In doing so, the outlook of our citizens is enhanced and Temecula's quality of life improved. The following is a list of guidelines to assist City Administration in their liaison relationship with the Temecula Sister City Association and Sister City sponsored activities. • The City will work in conjunction with the TSCA to promote understanding, friendship and knowledge. • The Temecula Sister City Association is responsible for the development, coordination and implementation of all Sister City functions, services and special events that occur related to our two Sister Cities: Leidschendam-Voorburg, Netherlands and Nakayama, Japan. This includes coordination of events, special dinners and activities, and travel related services such as gifts, itineraries for visiting dignitaries or travel abroad. • The City will support and encourage the Temecula Sister City program in their efforts to encourage cultural exchange among our Sister Cities. The City will provide a staff liaison that will represent the City of Temecula at Sister City Board Meetings, programs, special events and activities (as deemed appropriate). • The City liaison will coordinate travel abroad to our Sister Cities when City officials or City Council members are involved in the travel. • The City will provide the Temecula Sister City Association with limited funding to provide necessary Sister City activities and functions. The Temecula Sister City Organization C:\Program Files\Neevia.Com\Document Converter\temp\1002533.docl will be responsible for monitoring and managing their budget to ensure proper expenditures and accounting of funds for all organized activities and events. • The City will provide limited financial support for student scholarships for individual students traveling to Daisen, Japan or Leidschendam-Voorburg, the Netherlands. • The City will fund & coordinate one official dinner and one official welcome reception per year, for a visiting delegation from Daisen and Leidschendam-Voorburg, when elected officials from the visiting Sister City are in attendance. • The City will provide official City gifts for elected officials visiting from Daisen and Leidschendam-Voorburg, or when City officials are traveling to Daisen and Leidschendam-Voorburg. • Membership in the Sister City Association is open to all citizens and or business persons of Temecula & others as determined by the TSCA. • The TSCA must provide an annual budget and financial report/records that are available for review by the City. • The City will provide transportation for official delegations both arriving and traveling abroad. • The TSCA is responsible for transportation of all other guests either coming or going to Daisen, Japan & Leidschendam-Voorburg, the Netherlands. In the past, TSCA has used funds to provide educational opportunities such as the Children's Matsuri and Dutch American Heritage Day. There have also been sponsorships provided to both students and adults traveling abroad. TSCA has an active exchange with Daisen and Leidschendam-Voorburg. Please see the attached letter of intention for the current year funds. FISCAL IMPACT: Funds have been approved and are in account 001-101-999-5280. C:1Program Files\Neevia.Com\Document Converterltemp11002533.docl COMMUNITY CRANT AGREEMENT BETWEEN THE CITY OF TEMECULA ANI) THE TEMECULA SISTER CITY ASSOCIATION THIS AGREEMENT is made by and between the City of Temecula ("City"), a municipal corporation, and the Temecula Sister City Association, a non-protit corporation, and is dated as of June 14, 2011. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. TERM This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to he true and correct: a. The Temecula Sister City Association ("TSCA") coordinates many programs for cultural exchanges within the City of Temecula, which are not provided by the City's recreation program. b. The TSCA warrants and represents to the City that it is a non- profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. c. On June 8, 2010 the City Council approved the budget for FY 10/11 which provides funding in the amount of seven thousand five -hundred dollars ($7,500.00) for the purpose of continuing and enhancing its cultural exchange programs within the City of Temecula and abroad. d. This Agreement provides for the manner in which the grant will be paid to the TSCA. 2. SERVICES The City shall pay to the TSCA on an annual basis, on July U 2010 an amount equal to the actual costs incurred by the'1'SCA not to exceed $7,500.00 per year ending June 30, 2011. TSCA shall submit a quarterly report to the Director of Community Services for the actual costs of cultural exchanges and shall be accompanied by such documentation as reasonably required by the Director of Finance to establish that such costs were incurred by the TSCA. 3. The terns of this agreement shall be July 1, 2010 to June 30, 2011. 4. The TSCA and City have developed goals and objectives which are set forth in Exhibit A. The TSCA is committed to implementing these Goals and Objectives. 5. The City may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the TSCA at least ten (10) days prior written notice. If the breach is corrected during this ten day period, City may, in its sole and exclusive discretion, rescind the termination. If the City suspends or terminates a portion of this Ii:AGILLILK\Sister City Program\agreemenls\FSCAI Community Grant Agreement -2010-201 Ldoc Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. TSCA shall make available to the City its books, records and financial documents in such form as to allow City to verify TSCA's compliance with the terms of this Agreement. 6. The TSCA agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District and the Redevelopment Agency of the City of Temecula, 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 TSCA'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 attributable to the active negligence of the City. 7. TSCA shall procure and maintain, or shall have provided on its behalf, for the duration of 'fiscal year 2010-2011 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the TSCA, 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, including a non -owned auto endorsement. b. Minimum Limits of Insurance. TSCA shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall contain, or be endorsed to contain, the following provisions: (1) The City of Temecula, Temecula Community Services District and the Redevelopment Agency of the City of Temecula, 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 TSCA; premises owned, occupied or used by the TSCA; or automobiles owned, leased, hired or borrowed by the TSCA. 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 Agreement, the TSCA's insurance coverage shall be primary insurance as respects the City of Temecula, Temecula Community Services District and the Redevelopment Agency of the City of i VUII I II R\Sister City Program \ agreements \TSCAI Community Grant Agreement 2010-2011.doc Temecula, its officers, officials, employees and volunteers. Any insurance or sell= insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the TSCA'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 of Temecula, Temecula Community Services District and the Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers. (4) The TSCA'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 he suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City 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. t: Verification of Coverage. TSCA 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 he 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 TSCA's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. TSCA is and shall at all times remain as to the City and TCSD a wholly independent contractor. The personnel performing the services under this Agreement on behalf of TSCA shall at all times be under TSCA's exclusive direction and control. Neither City nor any of its officers. employees or agents shall have control over the conduct of TSCA or any of TSCA's officers, employees or agents, except as set forth in this Agreement. TSCA 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. TSCA shall not incur or have the power to incur any debt, obligation or liability whatever against City, or hind City in any manner. 9. 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 he 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. RIGILLILR\Sister City Program \agreemenuVCSCAI Community Gram Agreement -2010-2011 doc 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 interprelation of this Agreement. Any itigalion coricerning 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 gran1ed 10. The TSCA shall not assithe performance o[this Agreement, nor any part thereof, nor any monies due hereunder. without prior written consent of the City. l\. This Agreement contains the entire understanding betwecn 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. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Temecula Sister City Association warrants and represents that he or she has the authority to execute this Agreement on behalf of the Temecula Sister City Association and has the authority to bind Temecula Sister Gity Association to the performance of its obligations hereunder. The CITY MANAGER is authorized to enter into an amendment on behalf of the City to noakethefo||8vvingnun-substonhveroodihoaUOnsto(heugneenoent(a)n6nneohgnges; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. To City: To TSCA: City oFTemecula 41000 Main Street P.O. Box 9033 Temecula, California 9758V'VA33 Attention: City Manager I'emecula Sister City Association 41911 5'h St. #300 Temecula, California 47590 RAG11,1,11,12 \ Sister City Program \agreementsVISCAI Community Grant Agmement-2010-2011.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ronald Roberts, Mayor Attest: Susan Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney R:\011.1.11..12 \Sister City Program \agreementsVI SCAT Community Grant Agreement -2010-201 1.doc TEMECULA SISTER CITY ASSOCIATION, a California non-profit corporation By: Name: Jon Lieberg Title: Vice Chair By: Name: Daniel Venne Title: Treasurer R:AGII LILA Sister City Program\agreements\rSCAI Community Grant Agreement -2010-2011 .doc Temecula Sister City Association P.O. Box 904 Temecula, CA 92593 Ron Roberts Mayor, City of Temecula 41000 Main Street Temecula, CA 92590 Dear Mayor Roberts: We want to take this opportunity to thank you for your support of the many cultural programs sponsored by the Temecula Sister City Association. The $7,500 grant we have requested will go a long way toward making those programs possible. We expect to use the funds as follows: Community Cultural Events Celebrating Dutch and Japanese cultures Two full student exchange scholarships Partial student exchange scholarships (Typically $100 per student) $ 1,000 4,500 2,000 Chaperone/Teacher stipend for student exchanges 500 Hospitality expenses for adult visits from 500 our two Sister Cities $ 7,500 The City of Temecula's support annually represents approximately 25% of our annual budget. We continue to do all of our activities 100% with volunteers, home stays, and without overhead, except for liability insurance, website maintenance, and a self -storage facility. Thank you again for helping us to facilitate life -changing cultural experiences for the many Temecula residents touched by our programs. Very truly yours, k.. 0,n Lieberg, Vice -hair emecula Sister City Association ACORD/M CERTIFICATE OF LIABILITY INSURANCE PRODUCER RAY & RAY INSURANCE SERVICES INC POB 2329 Temecula, CA 92593 (951)676-5444 Lic #0601777 INSURED TEMECULA SISTER CITY ASSOCIATION P 0 BOX 904 TEMECULA, CA 92593 COVERAGES DATE(MM/OD/YYYY) 10/21/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: NON PROFITS INSURANCE ALLIANCE INSURER B: INSURER C: INSURER D: INSURER E: NAIC# THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR 00'L NERD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICYEXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL — X LIABILITY COMMERCIAL GENERAL LIABILITY 2009 -10380 -NPO 11/01/09 11/01/10 EACH OCCURRENCE $ 1 , 000,000 $ 500,000 $ 20,000 PREM SESG(Ea ouu encs) [�{ 1 CLAIMSMADE ! I OCCUR MED EXP (Any one person) PERSONAL &ADV INJURY $ 1, 000 , 00 GENERAL AGGREGATE $ 2,000,00 $ 1 , 0 0 0 , 00 0 GENT. AGGREGATE LIMIT APPLIES PER: X POLICY I I JEC PI LOC PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA — — LIABILITY OCCUR rI CLAIMSMADE DEDUCTIBLE RETENTION $ EACII OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? Uyes, IAL MVO' ISIO SPECIAL PROVISIONS below WCSTATU- OTH- TORY LIMITS ER EACH ACCIDENT $ E 1. DISEASE - EA EMPLOYEE $ E.L. DISEASE • POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES / EXCLUSIONS NONPROFIT ASSOCIATION. CERTIFICATE CG2026 07/04 ATTACHED. GRANT *10 day notice of cancellatio ADDED PROVIDE• i BY ENDORSEMENT / SPECIAL PROVISIONS HOLD R AS ADDITIONAL INSURED PER FORM 0O p lU11 for nonpavmelnt ofP remium CERTIFICATE HOLDER CANCELLATION CITY OF TEMECULA 43200 BUSINESS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN PARK DRIVE TEMECULA, CA 92590 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU FHORIZEO REPRESENTA it1 —_,SkLiee/A____ 0ACORD COR RATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (20011081 POLICY NUMBER: 2009-10380—NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, and for which a certificate of insurance naming such person or organization as additional insured has been issued, but only with respect to their liability arising out of their requirements for certain perform- ance placed upon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. CITY OF TEMECULA AS GRANT PROVIDER Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations: or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Item No. 12 Approvals City Attorney Director of Finance City Manager Po -r- '414 OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2011 SUBJECT: Voter Approved Measure C Annual Special Tax Levy PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2011-2012 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997-1998, the Community Services, Parks and Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting Services Special Tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and servicing of the City's public parks, recreational facilities; recreational and human services programs; landscaped median maintenance costs; and energy costs for arterial street lighting and traffic signals. The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bill for Fiscal Year 2011- 2012. The maximum annual tax has been established at $74.44 per single-family residential dwelling unit, $55.83 per multi -family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, $148.88 per acre of golf course property and $37.22 per acre for agricultural uses. For Fiscal Year 2011-2012, the total proposed operating budget for parks; recreational and human services programs; recreational facilities; landscaped medians; arterial street lighting and traffic signal services is $12,489,459. As per the budget the anticipated revenue based on the assessed rate from all taxable parcels within the City for Fiscal Year 2011-2012 is $3,847,431. The difference in operating costs over levy revenue is offset by recreational revenues, user fees, interest income, fund balance and REST Program contributions. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year. As a result, it is recommended that the amounts to be levied for Fiscal Year 2011-2012 shall be the maximum tax rate approved by voters within the following categories: $ 74.44 per single family residential dwelling unit $ 55.83 per multi -family residential dwelling unit $ 148.88 per acre of vacant property in a residential zone $ 297.76 per acre of vacant property in a non-residential zone $ 446.64 per acre of non residential improved property $ 148.88 per acre of golf course property $ 37.22 per acre of agricultural property This will be the sixteenth (16th) consecutive year that the Revenue Excess Sharing in Temecula (REST) program has contributed to the funding of the parks, programs, facilities and services provided by the TCS D. To make the City's levy of the special tax consistent with the County's application of ad valorem property taxes and with the City's historical administration of the special tax, City Staff further recommends that the tax rate be set at $0.00 for any parcel of property that: (i) qualifies for an exemption from ad valorem taxation under California law, (ii) is owned by a federally recognized Tribal Government, (iii) is owned by a homeowners association and used by the owners and/or occupants of the respective residential development in a manner incidental to residential occupancy or (iv) is zoned for use as open space. FISCAL IMPACT: The $3,847,431 in Special Tax revenue will fund park and cultural arts facilities and programs; arterial streetlights and traffic signals and landscaped medians throughout the City. ATTACHMENTS: 1. Resolution to Levy the Parks/Lighting Special Tax RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2011-2012 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96- 21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with fiscal year 1997-1998. Section 2. The maximum amount of said special tax for each fiscal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.83 per multi -family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property and $37.22 per acre for agricultural uses. Section 3. The City of Temecula has experienced a large amount of mixed use (both residential and commercial) development primarily within the Temecula Old Town area. As a result, all mixed use development assessment for the Special Tax will be calculated using the number and type of dwelling units and the per acre charge for non-residential improved property. Section 4. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amount of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 5. The City Council hereby determines that the maximum rates will be required in order to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for Fiscal Year 2011-2012: $ 74.44 per single-family residential dwelling unit $ 55.83 per multi -family residential dwelling unit $148.88 per acre of vacant property in a residential zone $297.76 per acre of vacant property in a non-residential zone $446.64 per acre of non-residential improved property $148.88 per acre of golf course property $ 37.22 per acre of agricultural property Section 6. Notwithstanding Section 5 of this Resolution the tax rate shall be $0.00 for any parcel of property that: (i) qualifies for an exemption from ad valorem taxation under California law, (ii) is owned by a federally recognized Tribal Government, (iii) is owned by a homeowners association and used by the owners and/or occupants of the respective residential development in a manner incidental to residential occupancy or (iv) is zoned for use as open space. Section 7. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall until paid, constitute a personal obligation of the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to the special tax, except for California Revenue and Taxation Code Section 4831. Section 8. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of operating, maintaining and servicing public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 9. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 10. The Director of Finance is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2011, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefore. Section 11. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owners' property, such property owner must appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 1, 2011, pursuant to procedures established by the City. Section 12. If a property owner subject to the special tax believes that payment of the special tax for fiscal year 2011-2012 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 1, 2011, pursuant to the procedures established by the City, in order to be considered under the hardship appeal program. Section 13. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provision of this Resolution are declared to be serverable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 14. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 13 Approvals City Attorney Director of Finance City Manager Mf- ,& (10L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 14, 2011 SUBJECT: Amendments to Annual Agreements for various services required by the Public Works Traffic Division for Fiscal Year 2011/2012 PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council approve the following amendments to annual agreements in the amounts stated for fiscal year 2011/2012 for various Traffic Division operational needs. Counts Unlimited Traffic counts citywide Second Amendment $ 20,000 Crosstown Electrical & Data CCTV camera & equipment maintenance Third Amendment $ 20,000 Republic ITS Traffic signal repair and maintenance Fourth Amendment $ 40,000 McCain Inc Traffic signal equipment First Amendment $ 30,000 BACKGROUND: In fiscal years 2008/2009 and 2009/2010 the City Council approved agreements with the above listed firms to perform a variety of on-call services assisting and supplementing the Traffic Division staff with the operation and maintenance of the City's traffic infrastructure. The needed services are packaged and requested from the appropriate vendor by service requests. Vendors must submit a cost proposal for each service request and funds are allocated from the corresponding operating budget line item. Only approved work will utilize the services under these agreements, unless otherwise directed by the City Manager or City Council. The original agreements allow for three one (1) year extentions. Each of the listed firms have responded in a timely manner when requested, provided an economical means of completing the necessary work and performed satisfactorily. Therefore staff is recommending contract extentions for each vendor. FISCAL IMPACT: Adequate funds will be available in the Public Works Department, Traffic Division budget, upon approval of the FY2011 /2012 budget. ATTACHMENTS: Amendments SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND COUNTS UNLIMITED, INC. FOR CITYWIDE TRAFFIC COUNT DATA COLLECTION THIS SECOND AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Counts Unlimited, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Citywide Traffic Count Data Collection", in the amount of S20,000. b. On June 8, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Citywide Traffic Count Data Collection," to extend the term of the agreement to June 30, 2011, revise the Notices section, and to increase the payment in the amount of $20,000. c. The parties now desire to extend the term of the agreement to June 30, 2012, to increase the payment in the amount of $20,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The SECOND Amendment amount shall not exceed Twenty Thousand Dollars and No Cents ($20,000) for additional Citywide Traffic Count Data Collection for a total Agreement amount of Sixty Thousand Dollars and No Cents (60,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 1 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA COUNTS UNLIMITED, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Barbara N. Sackett, Chief Executive Officer ATTEST: By: By: Susan W. Jones, MMC, City Clerk Stephen S. Sackett, Chief Financial Officer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Counts Unlimited, Inc. Barbara Sackett, Chief Executive Officer P. O. Box 1178 Corona, CA 92878 951/268-6268 3 FSM Initials: Date: _� ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 Attachment A unlirutod Counts Unlimited Inc. PO Box 1178 Corona, CA 92878 951-268-6268 Email: counts@countsunlimited.com Fee Schedule Annual Census Program For the City of Temecula 24 Hour Tube Counts Annual Locations Master Locations 7 Day Counts at 9 master Locations To performed in July and February Totals For 148 Annual locations is $11100 For 9 Master Locations in July 2011 is $2700 For 9 Master Locations in February 2012 is $270 Total for the entire 2011 Census would be $16500 $75 per site $300 per site Counts Unlimited, Inc. • Pa Box 1178 • Corona, CA 92878 • T 951 268 6268 • F 951268 8267 • wvw.counteunlimited.com lettnti U nd Counts Unlimited Inc. PO Box 1178 Corona, CA 92878 951-268-6268 Email: counts@countsunlimited.com Fee Schedule January 2011 Turning Movement Counts Standard Turning Movement Count 2 Hour AM / 2 Hour PM-One:Per"son $160 2 Hour AM / 2 Hour PM -- Two'People $320 Classified Turning Movement Count 2 Hour AM /2 Hour PM — One Person $180 2 Hour AM / 2 Hour PM — Two People $360 Pedestrian / Bicycle Counts (with turning movement count) $10 (upon request) 24 Hein' Tube Counts Entering Volume Directional Volume Classification/Speed 2 lane roadway tow volume:1 counter 2 lane roadway high voiurme 1 counter 4 Tarte roadway 2 counters 8 tubes t3•lane roadway 3 counters 12 tubes Radar Speed Surveys 1 Hour or 100 cars; whichever comes first Signal/Stop Warrants Parking lot accuinulation/Fieldwork Intersection Diagrams / Signal Phasing GPS Travel Time Studies $50 per approach $100 per site $150 per site $175 per site $200 per site $300 per site $85 each $65 each $40 per hour $10 per intersection email for quote Counts Unlimited, Inc. • PO Box 1178 • Corona, CA 92878 • T 951 268 6268 • E 951 268 6267 • www.countsunlimited.corn THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CROSSTOWN ELECTRICAL & DATA, INC. FOR ON-CALL MAINTENANCE AND REPAIRS OF CLOSED CIRCUIT TELEVISION CAMERAS AND EQUIPMENT THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Crosstown Electrical & Data, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2008, the City and Consultant entered into that certain Agreement entitled "Agreement for On -Call Maintenance and Repairs of Closed Circuit Television Cameras and Equipment", in the amount of $ 20,000. b. On June 9, 2009, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for On -Call Maintenance and Repairs of Closed Circuit Television Cameras and Equipment," to extend the term of the agreement to June 30, 2010, and to increase the payment in the amount of $20,000. c. On June 8, 2010, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for On -Call Maintenance and Repairs of Closed Circuit Television Cameras and Equipment," to extend the term of the agreement to June 30, 2011, revise the Written Notices section, and to increase the payment in the amount of $20,000. d. The parties now desire to increase the payment amount, extend the term, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The THIRD Amendment amount shall not exceed Twenty Thousand Four Hundred Dollars and No Cents (S20,000) for additional On -Call Maintenance and Repairs of Closed Circuit Television Cameras and Equipment for a total 1 Agreement amount of Eighty Thousand Dollars and No Cents ($80,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Agreement, which is attached hereto an incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CROSSTOWN ELECTRICAL & DATA, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: David P. Heermance, President Wendy M. Parker, Secretary Crosstown Electrical & Data, Inc. David Heermance, President 5463 Diaz Street Irwindale, CA 91706 626/813-6693 626/813-6604 FSM Initials: fes! Date: ,, r I 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 Electrical c"_ Data, Inc. May 9, 2011 Estimate Number 11204 OVM Attachment A Mr. Richard Uribe City of Temecula 43200 Business Park Dr Temecula, CA 92590 Dear Mr. Uribe: Per your request, following is a proposal to provide on-call troubleshooting, repair, consultation, video switching and control, CCTV Systems, and Communications Systems for the City of Temecula. Eight hours per day (07:00 — 3:30), Five Days per week (M -F) On -Call Service: Troubleshooting, repair, and splicing - $115.00 per man-hour, 3 hour minimum, includes service truck, tools, safety gear, and test equipment. Does not include fiber optic splicing, bucket truck or crane. Second technician on same service truck (when necessary) - $85.00 per man-hour. Crosstown -owned 47' Bucket Truck - $25.00 per hour, 3 hour minimum. Saturdays, Sundays, and Overtime (premium pay) not included. Parts, rental equipment — cost plus 15%. Fiber Optic Splicing Technician with Splicing Van, OTDR, Fusion Splicer, and all related tools and equipment: $130.00 per man- hour. We recommend establishing a not -to -exceed purchase order in the amount of $20,000 to cover this type of maintenance in the City of Temecula for approximately one year. This proposal is valid through December 31, 2012. Please call me if you have any questions concerning this proposal. Sincerely, `5avicrT lfernnance David P. Heermance Regional Director Contractor's License Number 010-756309 5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813-6693 Fax (626) 813-6604 FIRSTAMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND McCAIN, INC. TRAFFIC SIGNAL EQUIPMENT THIS FIRST AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and McCain, Inc, a Corporation, (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Vendor entered into that certain Agreement entitled "Agreement for Traffic Signal Equipment", in the amount of $30,000. b. The parties now desire to extend the term of the agreement to June 30, 2012, to increase the payment in the amount of $30,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PURCHASE PRICE" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Vendor monthly, in accordance with the payment rates and schedules and terms 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. The FIRST Amendment amount shall not exceed Thirty Thousand Dollars and No Cents (530,000) for additional Traffic Signal Equipment for a total Agreement amount of Sixty Thousand Dollars and No Cents (S60,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA McCAIN, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: Christine Jersey, Corporate Secretary Scott Tolstad, General Counsel Peter M. Thorson, City Attorney VENDOR McCAIN, INC. 2365 Oak Ridge Way Vista, CA 92081 760/734-5000 760/727-8184 Attn: Leanne Arnold 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Vendor. 3 From: 7605981558 Page: 2/4 Date: 4/18/2011 2:48:25 PM QUOTATION Quote #: Z031810LA2 REV 1 Agency: Temecula Job Name: Budgetary Pricing, Temecula Bid Date: 4.18.11 Bid item Qnty Description 1 332 CABINET, ANODIZED EQUIPPED AS FOLLOWS; DUEL FAN PANEL FOR 332 CORBIN LOCKS 170E CONTROLLER W1412C PROM MODULE BITRAN 233 PROGRAM 400 MODEM WIC -2 CABLE 210 EDI CONFLICT MONITOR UNIT (2) 204 FLASHER (3) 242 ISOLATOR, EDI (4) 430 F.T.R. (12) 200 LOAD SWITCH (10) RENO A&E 22.2 DETECTOR FLUORESCENT LAMP KIT, 1 LIGHT, 2 SWITCH, 332 DRAWER/SHELF FOR 332 POLICE PRE-EMPT CORD W/BUTTON MANUAL ADVANCE, 332 CERTIFICATION OF COMPLIANCE (4) 3/4"X18"X4" ANCHOR BOLTS Attachment A Attn: Jerry Gonzalez Via Fax 951.694.8475 Estimator: Leanne Amold (760)734.5057 FX(760)727-8184 :EZ/if3 4.1f.,, 11 Price Extension $9,014.00 $9,014.00 1 BBS INVERTER DIMENSIONS 24M11-WBE $2,919.00 $2,919.00 (INVERTER MOUNTED IN 332 CABINET) BBS COMBO BYPASS SWITCH KIT 622047-1 FOR 24M11-WBE (4) BBS BATTERY 12VDC 79AH BATTERY CABINET,27X24X8,ANODIZED This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 7605981558 Page: 3/4 Date: 4/18/2011 2:48:25 PM MISCELLANEOUS CONTROLLER EQUIPMENT 1 170E CONTROLLER W/412C PROM MODULE $2,055.00 $2,055.00 BITRAN 233 PROGRAM 1 400 MODEM W/C-2 CABLE $201.00 $201.00 10 204 FLASHER $17.46 $174.60 10 242 ISOLATOR, EDI $29.31 $293.10 10 430 F.T.R. $15.93 $159.30 10 200 LOAD SWITCH $17.20 $172.00 10 RENO A&E 222 DETECTOR $160.56 $1,605.60 ALUMINUM HOUSING L.E.D.S ARE FURNISHED BY OTHERS ALUMINUM BACKPLATES STANDARD CALTRANS COLORS (GREEN/BLACK) L.E.D. PEDESTRIAN SIGNAL MODULES ARE FURNISHED BY OTHERS CALTRANS FRAMEWORK WITH BRONZE TERMINAL COMPARTMENTS 5x7 PUSHBUTTONS A,D,A. (50MM) PUSHBUTTONS 1 3 SECTION SIGNAL HEAD [XXX)12" $136.09 $136.09 W/VISORS & BACKPLATE FRAMEWORK NOT INCLUDED 1 4 SECTION SIGNAL HEAD [XXXX)12" $164.08 $164.08 WNISORS & BACKPLATE FRAMEWORK NOT INCLUDED 1 5 SEC STACKED SIGNAL HEAD [XXXXX)12" $224.00 $224.00 WNISORS & BACKPLATE FRAMEWORK NOT INCLUDED 1 5 SEC CLUSTER SIGNAL HEAD (XXXXX)12" $224.00 $224.00 WNISORS & BACKPLATE FRAMEWORK NOT INCLUDED 1 MAS, MOUNT ONLY $62.79 $62.79 1 MAT, MOUNT ONLY $76.50 $76.50 1 SV -1-T LOD OR ROD - FRAMEWORK ONLY $177.87 $177.87 1 SV -2 -TA '- FRAMEWORK ONLY $206.02 $206.02 1 SV -3 -TA - FRAMEWORK ONLY $208.42 $208.42 1 TV -1-T LOD OR ROD - FRAMEWORK ONLY $221.85 $221.85 1 TV -2-T - FRAMEWORK ONLY $243.73 $243.73 1 PEDESTRIAN SIGNAL HOUSING, EMPTY $47.71 $47.71 1 SP -1-T LOD OR ROD FRAMEWORK $170.48 $170,48 1 SP -2-T FRAMEWORK $192.45 $192.45 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com • • • From: 7605981558 Page: 4/4 Date: 4/18/2011 2:48:25 PM 1 PPB SIGN R62D DOUBLE SIDED (RIGHT AND LEFT ARROWS) 1 A.D.A. PPB CAP & SWITCH 1 PPB FRAME ASSY, ADJUSTABLE, 5X7 1 PPB FRAME ASSY, POST TOP, 6X7 1 TERM COMP ASS'Y, SIDE MT, BRONZE, GRN, DOOR & BLOCK 1 TERM COMP ASSY, TOP MT, BRONZE, GRN, DOOR & BLOCK Lead Time for Cabinets, 6-8 Weeks ARO Lead Time for Signal Equipment 30 Days ARO FOB Destination, Freight Allowed 8 Ai'r; t 4ii!i"> Tax Ap stab mitt i NO:. fr.ciu(l. 1 Prices firm for 30 days. Freight included, Add sales tax, $9.00 $22.16 $23.35 $23.50 $98.53 $144.31 $9.00 $22.15 $23.35 $23.50 $98.53 $144.31 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfl.com FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND REPUBLIC ITS FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES FISCAL YEAR 2011/2012 THIS FOURTH AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and REPUBLIC ITS a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 8, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for On -Call Traffic Signal Maintenance Services", in the amount of $50,000. b. On June 9, 2009, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for "On -Call Traffic Signal Maintenance Services," to extend the term to June 30, 2010 and to increase the payment in the amount of $50,000. c. On June 23, 2009, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for "On -Call Traffic Signal Maintenance Services," to increase the payment in the amount of $24,500. d. On June 8, 2010, the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for "On -Call Traffic Signal Maintenance Services" to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $40,000, and to revise the Written Notice section. e. The parties now desire to extend the term of the agreement to June 30, 2012, to increase the payment in the amount of $40,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Schedule of Costs, 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 A, other than the payment rates and schedule of payment, are null and void. The Fourth Amendment amount shall not exceed Forty Thousand Dollars and No Cents ($40,000), for additional On -Call Traffic Signal Maintenance Services for a total 1 Agreement amount of Two Hundred Four Thousand Five Hundred Dollars and No Cents ($204,500.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REPUBLIC ITS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: James A. Wagoner, VP Engineering Jeffrey L. Asch, VP, Secretary, Treasurer Peter M. Thorson, City Attorney CONTRACTOR Republic ITS Attn: Jill Petrie 2240 Business Way Riverside, CA 92501 951/784-6600 3 FSM Initials6V Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 Republic ITS intelligent Transportation Services April 25, 2011 Mr. Jerry Gonzalez City of Temecula 41000 Main Street Temecula Ca. 92590 Attachment A City Traffic Signal Extra Ordinary Call out Proposal Extension July 1, 2011 to June 30'x' 2012 Mr. Gonzalez / Traffic Signal Maintenance Department At this time we are offering extend our Traffic Signal Extra Ordinary Maintenance Agreement for emergency on call work. The current agreement will expire on June 30'" 2011; I have attached a copy of the pricing schedule with our current rates. Please note that there has been a 2.5% CPI increase from last years rates. All emergency work is to be completed on a time & material bases at the prices listed, or by written and accepted proposals. Please feel free to contact me with any questions or concerns. This offer shall expire 90 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery of a copy of this offer duly signed by the City of Temecula Representative. Thank you for the opportunity to continue to do business with your City. Respectfully, Jil Petrie Project Manager Republic ITS A Siemens Business Riverside Office (951) 784-6600 Office (951) 784-6700 Fax (909) 376-5692 Cell jpetrie®republicelectric.com (951) 784-6600 - Fax (959) 784-6700 - 2240 Business way, Riverside, Ca. L r 0 O z m O s Temecula Proposed Rates for FY 2011-2012 (Mark up Loops Concrete Saw Compressor Bucket Crane Service Truck 1Engineering Tech ( Journeyman) Traffic Signalman (Journeyman) Signal Maint Tech (Journeyman) Signal Maintenance (Forman) O •-cm ` 0 co Ncr, 0 0 - CIi O $15.00 N CO O V C31 O N O O V Cr) 0 v CA O V CA O CN p1 O Z kfa co -i 6) O 01 00000 q C)1 0 'in O in O U1 N •--L ..1. N -. .4:=. $2.14 N -' .P O -, oco co W 0 CA U1 U1 0 el Ut U1 0 N pa 01 0 V Ch in 0 N O in 1 0 S78.14 V W -a -IP. V Ck) -i A $87.14 L r 0 O z m O s Temecula Proposed Rates for FY 2011-2012 Item No. 14 Approvals City Attorney Director of Finance City Manager Po -r- '414 OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works / City Engineer DATE: June 14, 2011 SUBJECT: Adoption of a Resolution to Approve a Reimbursement and Cooperative Agreement with the City of Murrieta in Connection with Property Acquisition for the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project, Project Numbers PW02-11 and PW07-04 PREPARED BY: Amer Attar, Principal Engineer — CIP Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND CITY OF MURRIETA IN CONNECTION WITH PROPERTY ACQUISITION FOR THE FRENCH VALLEY PARKWAY/INTERSTATE-15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT (PROJECT NUMBERS PW02-11 AND PW07-04) 2. Approve the agreement reimbursement amount of $38,900 from the City of Temecula to the City of Murrieta, as well as up $15,000 in closing costs for a total authorization of $53,900 BACKGROUND: As part of Phase! of the French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements Project (Project), a new southbound off -ramp will be constructed along with the westbound portion of French Valley Parkway, forming a new connection from 1-15 to Jefferson Avenue at the Temecula/Murrieta border. The Project would require the acquisition of publicly- and privately -owned lands to accommodate the proposed public improvements. A few of the parcels impacted by the Project are located in the City of Murrieta. Accordingly, staff from both cities have worked together to secure the property interests needed for the Project. The City of Murrieta agreed that a portion of its real property identified as Riverside County Assessor's Parcel Number 910-262-005 can be used for the Project. It also agreed to convey the remainder portion of its parcel ("Exchange Parcel") to Murrieta Real Estate Investors ("Investors") in exchange for portions of the real properties identified as Riverside County Assessor's Parcel Numbers 910- 262-039 and 910-262-04 ("Subject Property Interests") that are owned by Investors and are needed for the Project. The Exchange Parcel and the Subject Property Interests are described more particularly in the attached Reimbursement and Cooperative Agreement. Specifically, Murrieta will transfer to Investors the Exchange Parcel in exchange for the Subject Property Interests. The City Council of the City of Murrieta adopted Resolution No. 10-2593 on October 5, 2010, approving the Property Exchange Agreement between the City of Murrieta and Murrieta Real Estate Investors. In accordance with Caltrans requirements, the City of Murrieta obtained independent real estate appraisals of the Exchange Property and the Subject Property Interests and extended a written offer to purchase the Subject Property Interests. The City of Murrieta and Investors negotiated an agreement for the City of Murrieta's acquisition of the Subject Property Interests and the transfer of the Exchange Parcel. Based on the appraisal reports, the fair market value of the Subject Property Interests was $38,900 greater than that of the Exchange Parcel. Accordingly, the City of Murrieta agreed to pay to Investors the $38,900 and to transfer the Exchange Parcel to Investors in exchange for Investor's transfer to the City of Murrieta of the Subject Property Interests. This price differential of $38,900 is a project cost that should be borne by the Project. The subject Resolution, and associated Reimbursement and Cooperative Agreement, facilitates reimbursement to Murrieta by Temecula for acquisition and closing costs necessary to complete the above real property transfers. City staff estimates that the cost of reimbursement will not exceed $53,900. This includes the $38,900 for the acquisition costs plus closing costs relating to the property transfers that are not estimated to exceed $15,000. On May 3, 2011, the City Council of the City of Murrieta approved the Reimbursement and Cooperative Agreement substantially in the form attached by adopting Resolution No. 11-2683. If the Resolution proposed herein is adopted, the Reimbursement and Cooperative Agreement will be finalized and executed in counterparts. FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway I Interstate -15 Over -Crossing and Interchange Improvements Project within its Capital Improvement Program. Measure A — Local Street and Road will be the source of funds for this Agreement. Adequate funds are available in the project account 210-165-719-5801 to cover the cost. ATTACHMENTS: 1. Resolution 11- 2. Reimbursement and Cooperative Agreement between the City of Temecula and City of Murrieta. 3. Project Description 4. Project Location. RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND CITY OF MURRIETA IN CONNECTION WITH PROPERTY ACQUISITION FOR THE FRENCH VALLEY PARKWAY/INTERSTATE-15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT (PROJECT NUMBERS PW02-11 AND PW07-04) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council hereby finds, determines, and declares that: A. The French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (Project Numbers PW02-11 and PW07-04) ("proposed Project") would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (SR -79)/1-15/1-215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. The proposed Project would also construct a new principal arterial (French Valley Parkway) between Jefferson Avenue and Ynez Road and a new Collector/Distributor (C/D) system of lanes along both sides of 1-15 between Winchester Road and the 1-15 / 1-215 Junction. The proposed Project would also modify the 1-15 / Winchester Road interchange. B. On February 23, 2010, the City Council adopted Resolution No. 10-14, A Resolution of the City Council of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. In adopting Resolution 10-14, the City Council found that based on the record before it (1) the Mitigated Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA); (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. C. The approved Mitigated Negative Declaration studied the environmental effects of the acquisition of the real property interests needed to construct the proposed Project. It identified the impacts to the real properties identified as Riverside County Assessor's Parcel Numbers ("APN") 910-262-039 and 910-262-047, which are owned by Murrieta Real Estate Investors. It also identified the impacts to the real property identified as APN 910-262-005, which is owned by the City of Murrieta. D. The City of Murrieta has agreed to use a portion of its real property identified as APN 910-262-005 for the construction of the proposed Project. The City of Murrieta also agreed to transfer to Murrieta Real Estate Investors the remainder of its parcel ("Exchange Parcel") that is not needed for the proposed Project in exchange for those portions of APNs 910-262-039 and 910-262-047 ("Subject Property Interests") that are needed for the Project. E. In accordance with applicable law, the City of Murrieta obtained independent appraisals of the Exchange Parcel and of the Subject Property Interests. Based on the appraisals, the fair market value of the Subject Property Interests is $38,900.00 greater than the fair market value of the Exchange Parcel. F. The total costs to complete this transaction are estimated not to exceed $53,900.00. These costs include $38,900.00 for acquisition plus closing costs relating to the property transfers that are not estimated to exceed $15,000.00. These costs are considered a Project cost. Section 2. Approval of Reimbursement and Cooperative Agreement. Based on the findings set forth in this Resolution, the City Council hereby approves the Reimbursement and Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with Property Acquisition for the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project (Project Numbers PW02-11 and PW07-04). Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement. Section 4. Environmental Analysis. The environmental effects of the acquisition of the above real property interests were studied as an integral part of the Mitigated Negative Declaration adopted for the proposed Project. The findings made by the City Council at its meeting of February 23, 2010 in adopting the Mitigated Negative Declaration are the appropriate findings for the acquisition of the real property interests described more particularly in the Reimbursement and Cooperative Agreement. Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2011 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk REIMBURSEMENT AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH PROPERTY ACQUISITION FOR THE FRENCH VALLEY PARKWAY/INTERSTATE-15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT (PROJECT NUMBERS PW02-11 AND PW07-04) This Reimbursement and Cooperative Agreement Between the CITY OF TEMECULA ("Temecula") and the CITY OF MURRIETA ("Murrieta") (collectively the "Parties") in connection with the French Valley Parkway/Interstate-15 Over -crossing and Interchange Improvements Project (Project Numbers PW02-11 and PW07-04) ("Project") is made and entered into as of , 2011. RECITALS A. Temecula and the State of California through its Department of Transportation entered into a Design Cooperative Agreement on September 16, 2003 regarding the Project. B. Murrieta Real Estate Investors is the record fee owner of real properties identified as Assessor's Parcel Numbers: 910-262-39 and 910-262-47 recorded in the Riverside County Recorder's Office ("Subject Parcels"). C. Temecula and Murrieta acknowledge that the construction of the Project would benefit the communities of both Temecula and Murrieta. Temecula and Murrieta have a mutual interest in the Project to improve traffic and promote safety for the general public. D. Temecula and Murrieta acknowledge that construction of the Project would require the acquisition of certain real property interests located in Murrieta. E. In connection with the Project, Murrieta has agreed to acquire, via arms -length transaction, certain real property interests located in Murrieta, which are part of Subject Parcels (as described below and hereinafter referred to collectively as the "Subject Property Interests"), generally described as follows: ➢ An approximate 13,871 square foot (1,288.7 square meters) area in fee for freeway purposes. The grant of this property interest would include the relinquishment of the owner's abutter's rights, including access rights in and to the freeway appurtenant to the owner's remaining property; ➢ An approximate 4,348 square foot (403.9 square meter) area for a permanent footing easement; and ➢ An approximate 91 square foot (8.5 square meter) area for a permanent footing easement. 2011-05-26 Reimb and Coop Agmt Between Temecula & Murrieta.docx 1 Murrieta Real Estate Investors is the record fee owner of the Subject Property Interests. F. The Parties entered into a Reimbursement Agreement effective as of December 20, 2010 ("Reimbursement Agreement") to establish reimbursement by Temecula to Murrieta for the cost of professional right-of-way services relating to Murrieta's proposed acquisition of the Subject Property Interests. Murrieta entered into an Agreement with Overland Pacific & Cutler ("OPC") to assist Murrieta with its proposed acquisition of the Subject Property Interests. Under the Reimbursement Agreement, Temecula agreed to reimburse Murrieta's costs in connection with the right-of-way services performed by OPC, including project management, appraisal costs, escrow coordination and title services, and right of way certification coordination. The Parties estimated that the total cost for OPC's right-of-way services would be $10,350.00 (Ten Thousand Three Hundred Fifty Dollars). G. Nothing in the Reimbursement Agreement or in this Agreement shall be construed as a commitment by Temecula or Murrieta to acquire the Subject Property Interests by eminent domain. The Parties acknowledge that public entities, including Temecula and Murrieta are authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the cities by California Constitution article 1, section 19, California Government Code sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure section 1230.010 et seq. (Eminent Domain Law). The Parties also acknowledge that the Project is a public use. The Parties further acknowledge that the respective governing bodies of Temecula and Murrieta, each have sole discretion to make the findings required by Code of Civil Procedure section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure section 1245.220). The adoption of any such resolution of necessity would require the respective entity's compliance with the Eminent Domain Law and with the Caltrans requirements. Further, pursuant to Code of Civil Procedure section 1240.140 and Government Code section 6500 et seq., the Parties could enter into an agreement for the exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of private property for public use. H. Murrieta reviewed and approved an appraisal of the fair market value of the Subject Property Interests, set just compensation and extended a written offer to Murrieta Real Estate Investors pursuant to Government Code section 7267.2. Murrieta and the Murrieta Real Estate Investors entered into a purchase and sale and land exchange agreement ("Purchase and Land Exchange Agreement") for Murrieta's purchase of the Subject Property Interests. Pursuant to the Purchase and Land Exchange Agreement, Murrieta will pay to Murrieta Real Estate Investors the total purchase price of $38,900.00 (Thirty-eight Thousand Nine Hundred Dollars) for the Subject Property Interests and Murrieta will transfer in fee to Murrieta Real Estate Investors an approximate 12,108 square foot portion of the real property identified as Assessor's Parcel Number 910-262-005 owned by Murrieta ("Exchange Parcel"). The $38,900.00 represents the difference between the fair market value of the Subject Property Interests ($160,900.00) and the fair market value of the Exchange Parcel ($122,000.00) based on an appraisal of the fair market value of these real property interests prepared by Scott Lidgard, MAI of Lidgard and Associates. Mr. Lidgard prepared an appraisal of the fair market value of the Subject Property Interests and the Exchange Parcel based on a date of value of January 6, 2011. 1002222.docx 2 I. On or about , Murrieta opened an escrow with ("Escrow Holder") for Murrieta's purchase the Subject Property Interests and the transfer of the Exchange Parcel to Murrieta Real Estate Investors. Murrieta has deposited the sum of $38,900.00 with the Escrow Holder. Murrieta warrants that it has complied with applicable law in connection with Murrieta's purchase of the Subject Property Interests. NOW THEREFORE, the Parties mutually agree to the following: 1. Recitals. The Recitals set forth above are incorporated herein by this reference. 2. Intent of Parties. This Agreement defines the respective responsibilities of the Parties regarding Murrieta's acquisition of the Subject Property Interests. 3. Responsibility for Costs and Cost Estimates. The Parties agree that Temecula will reimburse to Murrieta the total purchase price of $38,900.00 (Thirty-eight Thousand Nine Hundred Dollars), which is the total monetary compensation that Murrieta paid to Murrieta Real Estate Investors for the Subject Property Interests. Temecula will also reimburse to Murrieta the escrow -related costs relating to Murrieta's acquisition of the Subject Property Interests and conveyance to Murrieta Real Estate Investors of the Exchange Property. The Parties do not estimate that the escrow -related costs will exceed $15,000.00 (Fifteen Thousand Dollars). 4. Temecula's Total Reimbursement for Subject Property Interests and Exchange Parcel. The Parties agree that the total amount that Temecula will reimburse to Murrieta for Murrieta's acquisition of the Subject Property Interests is the total purchase price of $38,900.00 plus escrow -related costs (estimated not to exceed $15,000.00). The Parties further agree that Temecula will not pay to Murrieta any additional monetary compensation or other consideration for the fair market value of the Subject Property Interests or Exchange Parcel. Murrieta agreed to convey said Exchange Parcel to Murrieta Real Estate Investors with no additional consideration expected from Temecula in connection with the transfer. 5. Indemnification. a. Murrieta shall defend, indemnify and hold harmless Temecula and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from any negligence or willful misconduct of Murrieta relating to its acquisition of the Subject Property Interests for the Project. No provision of this Agreement shall in any way limit the extent of the responsibility of Murrieta for payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. 6. Notices. All notices under this Agreement shall be sent as follows: MURRIETA: City of Murrieta Public Works & Engineering 1 Town Square 24601 Jefferson Avenue Murrieta, California 92562 1002222.docx 3 Attention: Patrick Thomas, Public Works Director / City Engineer With a copy sent to: Leslie E. Devaney, City Attorney Stutz Artiano Shinoff & Holtz 2488 Historic Decatur Road, Suite 200 San Diego, California 92106-6134 TEMECULA: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attn: Avlin R. Odviar, Senior Engineer With a copy sent to: Peter M. Thorson, City Attorney Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Either party may change its address for notices by notifying the other party in writing of such change of address. All notices given at the most recent address specified shall be deemed to have been properly given. 7. Authorization to Enter into Agreement. Execution of this Agreement has been authorized by Resolution No. duly passed by the City Council of the City of Temecula on , 2011 and by Resolution No. , duly passed by the City Council of the City of Murrieta on , 2011. 8. Miscellaneous Provisions. a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in the Superior Court of the County of Riverside. b. Attorney's Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the losing party, its reasonable attorney's fees and costs of suit. c. Time of Essence. Time is of the essence for each and every provision of this Agreement. d. Headings. Section and Paragraph headings and captions contained in this Agreement are for the convenience of the Parties only and shall have no effect in the construction or interpretation of any provision herein. 1002222.docx 4 e. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. f. Amendments. Any amendments to this Agreement must be in writing executed by both parties. g. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provision will not be affected and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. h. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed original signatures, and will be followed by delivery of the original signatures by United States mail. In WITNESS WHEREOF, this Agreement has been executed by the respective Parties hereto through their respective authorized officers, the day and year first written above. CITY OF MURRIETA CITY OF TEMECULA By: By: Randon K. Lane, Mayor Shawn D. Nelson, City Manager ATTEST: ATTEST: By: By: A. Kay Vinson, MMC, City Clerk Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Leslie E. Devaney, City Attorney Peter M. Thorson, City Attorney 1002222.docx 5 1 CITY OF TEMECULA FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS -PHASE I Circulation Project Project Description: Project will include the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate -15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate -15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate -15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. Project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit: Project will improve traffic circulation by providing another southbound off -ramp from Interstate -15 and add a lane to the Interstate -15 southbound off -ramp to Winchester. Project Status: The plans, specifications, and estimates, are expected to be complete during fiscal year 2012. Construction is expected to be complete by the end of fiscal year 2013. Department: Public Works -Account No. 210.165.719 Priority: 1 Project Cost: Actuals to Date Future Total Project 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Administration $ 353,949 $ 210,389 $ 200,000 $25,000 $ 789,338 Acquisition $2,256,952 $ 1,704,666 $ 160,830 $60,000 $35,000 $70,000 $ 3,961,618 Caltrans Oversight $ - Construction $ 444,203 $18,200,000 $ 8,855,000 $ 27,055,000 Engineering $ 2,000,000 $ 1,000,000 $ 3,000,000 Design $1,382,796 $ 648,303 $ 1,167,801 $ 2,031,099 Environmental $ 15,000 $ 35,000 $35,000 $35,000 $70,000 $ 190,000 MS HCP $ 245,000 $ 245,000 Totals $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ - $ 37,272,055 Source of Funds: Actuals to Date Future Total Project 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Capital Project Reserves $ 160,830 $60,000 $35,000 $70,000 $ 325,830 DIF (Street Improvements) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 977,181 $ 724,369 $ 1,167,801 $ 2,869,351 Reimbursement/Other (M.irrieta Land Donation) $ 1,631,631 $ 1,631,631 TUMF (CETAPIRCTC)(1) $20,000,000 $ 8,761,369 $ 28,761,369 TIM F (ROTC)(2) $2,462,295 $ 2,462,295 TUM F (WRCOG)(3) $ 110,018 $ 667,358 $ 777,376 Total Funding: $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ - $ 37,272,055 Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 $15,000 2015-16 $15,300 $15,606 (1) IMF (CETAP/ROTC) - Funding is pursuant to the RCTCAgreement No. 11-72-0036-00 in the amount of $20,000,000 to date. (2) IMF (ROTC) - Funding is pursuant to the RCTC Agreement No. 06-72-048-00 for a total of $75,517,000 ($5,715,000 -ROW and $2,000,000- PS&E). Fhase I is $1,682,000 -ROW and $203,784-PS&E- See also Fhase IL (3) IMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1 064 for a total of $4,078,000 ($1,165,000-F5&E) - See also Fhase II. 41 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 40 Item No. 15 Approvals City Attorney Director of Finance City Manager Po -r- '414 OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 14, 2011 SUBJECT: Approval of Agreements Related to Motor Car Parkway Improvements PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Agreement with Rancho Temecula Auto Park Association, in substantially the same form attached, to facilitate the conveyance of all real property interests in Motor Car Parkway to the City of Temecula; and 2. Authorize the City Engineer and the office of the City Attorney to revise the Quitclaim Deed and Conveyance Documents, the forms of which are attached as Exhibits "B" and "C" to the Rancho Temecula Auto Park Association Agreement, and to prepare any additional Quitclaim Deeds and Conveyance Documents that are necessary to ensure that the conveyances intended by this Agreement are completed and satisfactory to the title company for issuance of a policy of title insurance in favor of the City; and 3. Approve the Motor Car Parkway Improvement Agreement with Abbott Cardiovascular Systems, Inc. (ACS), in substantially the form attached, to construct Motor Car Parkway to City standards and facilitate acceptance of said improvements into the City's street maintenance program. BACKGROUND: On October 22, 2002, the City and Advanced Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc. (ACS), entered into a Development Agreement to facilitate the construction of a corporate campus facility, various pedestrian and roadway improvements, and the reconstruction of Motor Car Parkway to the City's public street standards. Pursuant to the Development Agreement, the City has agreed to accept Motor Car Parkway into the City's street maintenance program upon completion of the improvements. Motor Car Parkway is currently a private street and is under the control of the Rancho Temecula Auto Park Association, of which ACS is a member. In order to improve Motor Car Parkway, the Development Agreement requires ACS to obtain the necessary property interests from the Association and its Members. However, over the course of several years, both parties have been unable to structure a mutually acceptable agreement containing all of the legal protections that each respective attorney was requesting. With negotiations between the Association and ACS at a standstill, the City suggested an alternative solution through two separate agreements: one between the City and the Association to convey the necessary property interests to the City; and the second between the City and ACS to construct the street improvements. The Association and ACS have tentatively approved both agreements. Upon City Council approval of the agreements, all required legal descriptions, deeds, and easements will be finalized and recorded to convey Motor Car Parkway to the City. ACS has the ultimate responsibility to retain a contractor and construct the roadway improvements. Construction is estimated to take approximately 6-12 months. In accordance with an Owner Participation Agreement (OPA) between ACS and the City Redevelopment Agency approved February 12, 2002, ACS will receive up to $750,000 from the City for project construction. The Association will also contribute an estimated $400,000 towards the overall construction costs. Once the improvements are completed to the City's satisfaction, Motor Car Parkway will be accepted into the City's street maintenance program. FISCAL IMPACT: The Abbott Corporation Roadway Improvement Project is identified in the City's Capital Improvement Program for Fiscal Years 2012-2016. Capital Reserves in the amount of $750,000 (Account No. 210.165.6200) are budgeted in FY 2011-12 to fund the City's contribution for construction of Motor Car Parkway. Upon completion and acceptance of Motor Car Parkway into the City's street maintenance program, the annual operation and maintenance cost for the roadway is estimated to be $5,000. Adequate funds are available in the Public Works annual operating budget street maintenance account to cover the costs associated with the long-term maintenance of the roadway. ATTACHMENTS: 1. Agreement between Rancho Temecula Auto Park Association and City of Temecula (Regarding Motor Car Parkway) 2. Motor Car Parkway Improvement Agreement between the City of Temecula and Abbott Cardiovascular Systems, Inc. AGREEMENT BETWEEN RANCHO TEMECULA AUTO PARK ASSOCIATION AND CITY OF TEMECULA REGARDING MOTOR CAR PARKWAY , 2011 TABLE OF CONTENTS Page RECITALS 1 1. COVENANTS AND AGREEMENTS OF THE ASSOCIATION 3 2. ASSOCIATION'S CONTRIBUTION, ASSOCIATION DISSOLUTION AND CC&RS EXTINGUISHMENT 6 3. COVENANTS AND AGREEMENTS OF THE CITY 6 4. REPRESENTATIONS AND WARRANTIES OF THE ASSOCIATION 9 5. REPRESENTATIONS AND WARRANTIES OF THE CITY 10 6. ESCROW AND RESPONSIBILITIES OF ESCROW HOLDER 10 7. TITLE AND TITLE INSURANCE 11 8. TERMINATION 12 9. ENFORCEMENT 12 10. NOTICE 13 11. GENERAL PROVISIONS 14 -1- AGREEMENT BETWEEN RANCHO TEMECULA AUTO PARK ASSOCIATION AND CITY OF TEMECULA REGARDING MOTOR CAR PARKWAY This agreement ("Agreement") is entered into this day of , 2011 ("Effective Date"), between Rancho Temecula Auto Park Association, a California nonprofit mutual benefit corporation ("Association"), and the City of Temecula, a municipal corporation ("City"). The Association and the City are sometimes referred to herein individually as a "Party" or collectively as the "Parties." RECITALS This Agreement is based upon the following facts: A. The Association was incorporated pursuant to Articles of Incorporation signed by the incorporator on December 16, 1987, and filed by the California Secretary of State on December 28, 1987. The Association was originally named "Rancho California Auto Park Association." Its name was changed to "Rancho Temecula Auto Park Association" by an amendment to its Articles of Incorporation dated July 12, 1989. B. The Association was created, as provided in California Civil Code Section 1351(a), for the purpose of managing the common interest development (the "Development") that is subject to that certain Declaration of Covenants, Conditions and Restrictions of Rancho California Auto Park ("CC&Rs"), recorded on December 16, 1987, as Document No. 354626 in the Official Records of Riverside County, California. C. Section 1.3 of the CC&Rs misidentified the Association as "Rancho Temecula Plaza Association," a scrivener's error, in that it was carried over from another recorded document prepared by the same attorney and law firm and recorded on September 9, 1987, as Document No. 261259 in the Official Records of Riverside County, California for an association that was named "Rancho Temecula Plaza Association" and applicable to a different piece of property. D. The CC&Rs were recorded against the following real property, which comprises the Development: Parcels 6 and 7 of Parcel Map 19145 as per map on file in Book 119, Pages 36 through 39 inclusive of Parcel Maps in the Office of the County Recorder of Riverside County. Lot 8 of Tract No. 3334, as shown by Map on file in Book 54, Pages 25 through 30, inclusive, of Maps of Records of Riverside County, California. E. Said Lot 8 of Tract No. 3334 was later subdivided into Parcels 1 through 9, inclusive, of Parcel Map 23354 filed in Book 152, Pages 74, 75 and 76 of Parcel Maps in the Office of the County Recorder of Riverside County, California. F. Subsequently, the common boundary line between Parcels 1 and 2 of said Parcel Map 23354 was adjusted through a lot line adjustment as legally described MCP Agreement between the Association and City 11086/0110/1286263v4 Page 1 of 17 in that Notice of Lot Line Adjustment No. PA06-0151, recorded July 11, 2006, as Document No. 2006-0503753 in the Official Records of Riverside County. The real property that comprised said Parcels 1 and 2 is now Parcels "A" and "B" of said lot line adjustment (Parcels "A" and "B"). G. Under the CC&Rs, each owner of a portion of the Development that is a legally described parcel of real property or a lot shown on a recorded subdivision tract map is deemed to be a Member of the Association ("Member"). The Association and its Members have certain interests in the private roadway known as Motor Car Parkway ("MCP") in the City of Temecula. H. Abbott Cardiovascular Systems, Inc., a California corporation ("ACS"), which was formerly known as Advanced Cardiovascular Systems, Inc., and which is a subsidiary of Abbott Vascular, Inc., is the record fee owner of Parcels "A" and "B" pursuant to that grant deed recorded on October 26, 2007, as Document No. 2007-0659044 in the Official Records of Riverside County. Parcels "A" and "B" were formerly identified as Parcels "1" and "2" of Parcel Map 23354. ACS is a Member of the Association and owns additional real property adjacent to Parcels "A" and "B" that is not subject to the CC&Rs. ACS has developed Parcels "A" and "B" with a parking structure and a parking lot. ACS has entered into a certain development agreement with the City dated October 22, 2002, and recorded on February 7, 2003, as Document No. 2003-092775 in the Official Records of Riverside County ("Development Agreement"). The Development Agreement provides for improving approximately 28 acres of light industrial and business park zoned property, including said Parcels 1 and 2 (now, Parcels "A" and "B"). Section 2.11 of the Development Agreement provides that, on ACS's request, the City will accept an offer of dedication for MCP and thereafter will own and maintain it as a public street. ACS agreed, as a condition precedent to the City's obligation to accept the offer of dedication, that ACS will cause MCP to be upgraded to public street standards and that ACS will be responsible for obtaining any consents or authorizations required to effect the offer of dedication. The Development Agreement provides that, upon ACS's request and upon concurrence from adjacent property owners, the City will rename MCP as "Guidant Parkway" or some other mutually agreeable name. J. ACS and the City have entered into additional operating memoranda pertaining to the Development Agreement and recorded them in the Official Records of Riverside County, including without limitation the following: a First Operating Memorandum, dated April 9, 2007, and recorded on May 8, 2007, as Document No. 2007-0308318; a Second Operating Memorandum, dated August 23, 2007, and recorded, on October 23, 2007, as Document No. 2007-0650677; and, a Third Operating Memorandum, dated April 30, 2008, and recorded on May 30, 2008, as Document No. 2008-0296165. K. In order for the City to accept offers of dedication and accept MCP into the City -maintained street system, the City requires certain improvements to be made to MCP. It will be necessary for the City and ACS to enter into an agreement titled "Motor Car Parkway Improvement Agreement" (the "MCP Improvement Agreement") that sets forth the obligations of ACS to improve MCP to the City's standards. A copy of the form MCP Agreement between the Association and City 11086/0110/1286263v4 Page 2 of 17 of the MCP Improvement Agreement is attached as Exhibit "A" to this Agreement for identification and information purposes. L. The MCP Improvement Agreement provides that, upon the City's acceptance of the offers to dedicate MCP and the City's acceptance of other necessary real property interests for use during the construction of MCP, ACS will improve MCP to the City's standards consistent with the street improvement plans for MCP titled "Abbott Vascular PM 23354 and PA06-0201 Street Improvement Plans for Motor Car Parkway" and comprised of 9 sheets (the "Approved Plans"), which were accepted on behalf of the City by the City Engineer on September 2, 2009. A copy of the Approved Plans is attached as Exhibit "A" to the MCP Improvement Agreement, which has been attached to this Agreement as Exhibit "A" for identification and information purposes. Under the MCP Improvement Agreement, the City will accept MCP into the City -maintained street system upon the City's approval of ACS's construction of the improvements to the City's standards pursuant to the Approved Plans. M. The Association has reviewed and approved the Approved Plans. N. The Association is willing to contribute Four Hundred Thousand Dollars ($400,000.00) (hereinafter, the "$400,000 Contribution") toward the improvement of MCP, so that (1) MCP will be improved to the City's public street standards pursuant to the Approved Plans, (2) MCP will become a public street, (3) the City will accept MCP into the City -maintained street system thereby assuming all future maintenance responsibility for MCP pursuant to California Streets and Highways Code Section 1806 (b) or (c) or other applicable law, (4) the CC&Rs will be terminated or extinguished, and (5) the Association will dissolve itself. O. The Association acknowledges that the City seeks to acquire the real property interests needed to improve MCP to the City's standards free and clear of any monetary liens or encumbrances. The Association further acknowledges that to accept the property interests needed to improve MCP to the City's standards, the City would require subordination agreements from any beneficiaries under deeds of trust or releases of any monetary liens recorded against the real property interests that are described in the Conveyance Documents. NOW, THEREFORE, in consideration of the foregoing recitals of fact, which are incorporated herein by this reference, the mutual covenants, representations and conditions described herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. COVENANTS AND AGREEMENTS OF THE ASSOCIATION. a. Association Quitclaim Deed. Within 30 days after execution of this Agreement by both parties and the MCP Improvement Agreement, the Association agrees to sign a quitclaim deed relinquishing any and all rights it may have in and to MCP. Any such quitclaim deed shall be in the form attached hereto as Exhibit "B". The Association shall deposit said deed with the Escrow Holder for recording as set forth below in Section 6. MCP Agreement between the Association and City 11086/0110/1286263v4 Page 3 of 17 b. Association Termination and Related Actions. The Association represents that prior to signing this Agreement, it has obtained the consent of its Members: To authorize the Board of Directors, on behalf of the Association, to quitclaim any private easement rights the Association (e.g., the corporation) has or may have within MCP; ii. To authorize the Board of Directors, on behalf of the Association, to quitclaim to the owners of the various lots within the Development any easement or right that the Association has or may have within their respective lots, including, but not limited to any easement or other right to landscape and maintain along MCP, Ynez Road, or Solana Way, or along the perimeter of any Lot; To authorize the Board of Directors, on behalf of the Association, to quitclaim or transfer any easement or right the Association has or may have to maintain signs, including any along the 1-15 freeway, any site project signs, and any on said Lot 8 of Tract No. 3334 or Parcel 6 of Parcel Map No. 19145; iv. To terminate the CC&Rs once all of the Association's easements have been quitclaimed or transferred and the Association has no remaining maintenance duties (including maintenance duties for MCP); v. To dissolve the Association, as a corporate entity, and to authorize its Board of Directors to take all actions reasonably necessary to wind up and dissolve the Association, with such approval and authorization to be contingent upon the termination of the CC&Rs; vi. To authorize the Board of Directors, on behalf of the Association, to enter into an Agreement with the City on such terms as are agreeable to the Board of Directors, whereby the City would exercise its best reasonable efforts to acquire the necessary right-of-way for MCP and accept MCP, in its entirety, as a publicly -maintained street if it obtains all conveyance documents as provided for in Section 6.b. below (collectively, the "Conveyance Documents") for the necessary right of way, and after ACS has improved MCP to the standards required by the City in accordance with the Approved Plans; vii. To authorize the Board of Directors, on behalf of the Association, to deposit the $400,000 Contribution of the Association's funds with the Escrow Holder as set forth below in Section 2.a. for the improvement of MCP to the City's standards in accordance with the Approved Plans; viii. To approve the renaming of MCP, or a portion of it, to "Guidant Parkway", "Abbott Parkway," or some similar name referring to ACS or its parent company or companies that ACS finds agreeable, provided that the renaming shall not occur until after ACS has improved MCP, in its entirety, to the standards required by the City in accordance with the Approved Plans and the City has accepted MCP, in its entirety, as a publicly -maintained street; and MCP Agreement between the Association and City 11086/0110/1286263v4 Page 4 of 17 ix. To authorize the Board of Directors, on behalf of the Association, to transfer and/or convey upon the final dissolution of the Association all of the remaining assets of the Association to the City for use for purposes similar to those for which the Association was created. c. Facilitation of Communications between the City and the Members of the Association. The Association agrees to present to its Members on behalf of the City any information and documents provided by the City to the Association in connection with the improvement of MCP to the City's standards, construction -related issues, and regarding the real property interests needed to improve MCP to the City's standards, including the form of the Conveyance Documents for the necessary right of way over MCP. The Association also agrees to exercise its best reasonable efforts to facilitate the communications between the City and the Members of the Association regarding the Conveyance Documents needed by the City for the improvement of MCP to the City's standards. In addition, the Association agrees to deposit with the Escrow Holder any executed Conveyance Documents that it receives from its Members. The Association further agrees that, if the City and the Members of the Association are not able to reach a negotiated agreement regarding the real property interests needed to improve MCP to the City's standards and if the City Council, in its sole discretion, adopts resolutions of necessity pursuant to the Eminent Domain Law, California Code of Civil Procedure Section 1230.010 et seq. for the acquisition by eminent domain of any real property interests needed to improve MCP to the City's standards, the Association will not object to the City's adoption of any such resolutions of necessity provided that, at the time such resolutions are to be considered, MCP is proposed to be constructed according to the Approved Plans as shown on Exhibit "A" of the MCP Improvement Agreement attached hereto as Exhibit "A." d. Quitclaim Deeds from Association. To the extent required by the City, the Association agrees to sign Conveyance Documents quitclaiming interests of the Association as may be required by and are acceptable to the City's Director of Public Works/City Engineer or other authorized official. The Association acknowledges that the City seeks to acquire the real property interests needed to improve MCP to the City's standards free and clear of any monetary liens or encumbrances. The Association further acknowledges that to accept the property interests needed to improve MCP to the City's standards, the City would require subordination agreements from any beneficiaries under deeds of trust or releases of any monetary liens recorded against the real property interests that are described in the Conveyance Documents. e. Approved Plans. The Parties acknowledge that in the course of constructing the improvements, the contractor may encounter an unforeseen field condition requiring a revision to the Approved Plans. The City will inform the Association in writing of any unforeseen field condition that may directly affect the Association or its Members and which require the revision of the Approved Plans. The City may proceed to revise or have revised the Approved Plans without the express approval of the Association provided that the revision is necessary to accommodate an unforeseen field condition. The City agrees to provide to the Association a copy of any such revision. The City also agrees that it will provide to the Association for review and acceptance a copy of any proposed revisions to the Approved Plans and that are not a result of an unforeseen field condition. The Association agrees to review the proposed revisions to the Approved Plans and to inform the City regarding any comments or its acceptance of MCP Agreement between the Association and City 11086/0110/1286263v4 Page 5 of 17 the proposed revisions within five business days. The Association further agrees not to unreasonably withhold its acceptance of the proposed revisions to the Approve Plans. If the Association does not provide comments or its acceptance to the City within five business days, the proposed revisions will be deemed acceptable to the Association. 2. ASSOCIATION'S CONTRIBUTION, ASSOCIATION DISSOLUTION AND CC&RS EXTINGUISHMENT. a. Association's Contribution. The Association agrees to deposit with the Escrow Holder for the benefit of the City the $400,000 Contribution within ten (10) business days of receiving written notification from the City that the City has acquired and accepted the real property interests needed to cause MCP to be improved to the City's standards pursuant to the Approved Plans. The City agrees that the $400,000 Contribution from the Association shall be used solely for the improvement of MCP to the City's standards pursuant to the Approved Plans. Transfer of such funds as provided in Section 2.c. is considered an appropriate use of such funds. b. Termination of CC&Rs; Other Authorizations. Within 30 days after execution of this Agreement by both parties and the MCP Improvement Agreement, the Association shall determine and schedule those steps, actions or approvals required of the Association Board or Members to terminate the CC&Rs, dissolve the Association and the winding up of its affairs, and the consideration of any other steps, actions, or approvals necessary to fully implement and achieve the objectives of this Agreement. c. Association Dissolution. Following the Close of Escrow, as provided for in Section 6 below, the Association shall be obligated to dissolve its corporate identity and to extinguish the Articles of Incorporation and Bylaws after it has completed the winding up of its affairs. The City and Association acknowledge that it may take six months to one year for the Association to complete all steps required to wind up the Association's affairs. As soon as reasonably practical following the Close of Escrow, the Association agrees to transfer to the City any of its remaining assets pursuant to CC&Rs Section 3.6.3 and the Association further agrees that the City thereafter has the sole right to determine how such funds will be used. Transfer of such assets by the City to ACS to defray the cost of constructing the improvements shall be considered an appropriate use of such funds within the meaning of CC&Rs Section 3.6.3. 3. COVENANTS AND AGREEMENTS OF THE CITY. a. Acquisition of Right of Way or Real Property Interests from Members. The City shall exercise reasonable efforts to acquire by negotiated agreement with each of the Members the necessary rights of way or real property interests needed to improve MCP to the City's standards in accordance with the Approved Plans. The Parties agree and acknowledge, however, that this Agreement is neither a commitment nor an announcement by the City of an intent to acquire by eminent domain any or all of the real property interests or rights of way necessary for the improvement of MCP to the City's standards pursuant to the Approved Plans. The Parties recognize that the City cannot exercise its power of eminent domain unless the City Council, the City's governing body, adopts a resolution of necessity, at its sole discretion. If the City is not able to acquire the necessary real property interests or rights MCP Agreement between the Association and City 11086/011011286263v4 Page 6 of 17 of way needed for the improvement of MCP to the City's standards pursuant to the Approved Plans, this Agreement between the City and the Association shall terminate as set forth in Section 8 below. b. City Acceptance of CC&Rs Termination Document. If the City is able to acquire the necessary real property interests or rights of way needed for the improvement of MCP to the City's standards pursuant to the Approved Plans, then the City consents to the CC&Rs Termination Document, substantially in the form attached as Exhibit "D" hereto, and shall have the City's Planning Director or other authorized official sign and acknowledge said document on behalf of the City and deposit said document with the Escrow Holder within ten (10) business days of the City's having acquired and accepted said real property interests. c. MCP Improvement Agreement. The City agrees to exercise reasonable efforts to negotiate and enter into the MCP Improvement Agreement with ACS, the form of which is attached as Exhibit "A" hereto. The City agrees that if it enters into the MCP Improvement Agreement with ACS, it shall provide to the Association a final, fully -executed copy of the MCP Improvement Agreement. If the City and ACS are not able to reach an executed agreement on the MCP Improvement Agreement, this Agreement between the City and the Association shall terminate as set forth in Section 8 below. d. Cost of All Improvements. Pursuant to said MCP Improvement Agreement, ACS would be responsible for the costs required for ACS to design, permit, and construct the improvements to MCP in accordance with the Approved Plans, with no reimbursement or payment by the Association except for the $400,000 Contribution discussed in Section 2.a. above. As set forth in Section 2.a. above, the City shall cause the $400,000 Contribution from the Association to be used solely to improve MCP to the City's standards pursuant to the Approved Plans. e. City Costs for Acquisition of Right -of -Way. If the City is unable to obtain all necessary rights of way to the City's satisfaction through voluntary offers of dedication from the owners of such rights, ACS would be required pursuant to the MCP Improvement Agreement to reimburse the City for its expenses, if any, relating to the acquisition of such rights. The Association is not responsible for any such acquisition - related costs. As set forth above in Section 3.a., this Agreement is neither a commitment nor an announcement of an intent by the City to acquire by eminent domain any or all of the real property interests or rights of way necessary for the improvement of MCP to the City's standards pursuant to the Approved Plans. f. Indemnification. The City agrees that, pursuant to the MCP Improvement Agreement, it shall require ACS and its contractor to indemnify, to the fullest extent allowed by law, and hold harmless the City, its agents, attorneys, officers, directors, managers, and employees from and against any claims, damages, losses, expenses, judgments, and attorney's fees, arising out of or resulting from the performance of the work by ACS or its contractors in connection with the improvement of MCP to the City's standards pursuant to the Approved Plans that results in bodily injury, sickness, disease, death, or injury, damage or destruction of property, including loss of use thereof, to the extent the damage or injury is the result of ACS's or its contractor's negligence or intentional acts or omissions, or the negligent or intentional acts or MCP Agreement between the Association and City 11086/0110/1286263v4 Page 7 of 17 omissions of its contractor's subcontractors of any tier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This indemnification obligation shall not be construed as reducing or eliminating any other right or obligations of indemnity that would otherwise exist to any Party. g. Mechanic's and Materialmen's Liens. In addition to indemnification as provided for above, if any mechanic's or materialmen's lien, or any other lien whatsoever, stemming from the activities of ACS and/or its contractors or subcontractors is filed or recorded against MCP or any property comprising the Development as described in Recitals D, E, and F above, then, within twenty (20) days of learning of such lien, ACS shall cause, at its sole expense, said lien to be removed from the MCP or any property comprising the Development, or shall provide and record a release bond pursuant to provisions of California Civil Code Section 3143. If ACS fails to remove or bond around any said lien within such twenty (20) day period, then City shall remove such lien. h. Insurance. The City agrees that, pursuant to the MCP Improvement Agreement, it shall require ACS or its contractor to provide insurance to the City, the Association, and the Members that own the real property interests abutting MCP that are the subject of the Conveyance Documents. The insurance shall have the coverage and policy limits set forth in Section 14 of the MCP Improvement Agreement as deemed satisfactory by the City. Maintenance of MCP and Street Lights. Upon the Close of Escrow, as provided for in Section 6 below, the Association and its Members shall no longer be responsible for maintaining MCP or for paying for the street lights. The City shall require ACS to maintain MCP and to pay for the street lights commencing upon said Close of Escrow and continuing until the City has accepted MCP as a publicly - maintained street. Pursuant to the Approved Plans, seven (7) new street lights will be installed in the public right of way as part of the improvement of MCP. The City shall require ACS or its contractor to work with Southern California Edison on the design of the street light system consistent with the standards required by Southern California Edison and the City. Consistent with the practice regarding street lights, the City will accept the new street lights after they are installed pursuant to the standards required by Southern California Edison and the City. In such cases, the City is responsible for paying the monthly fee for the street lights and Southern California Edison is responsible for the maintenance of the street lights after acceptance of the street lights by the City. j. Warranty. Under the MCP Improvement Agreement, ACS or its contractor is required to guarantee or warranty the improvements on MCP for a period of one year after final acceptance by the City Council against any defective work or labor done or defective materials furnished. The City shall require such warranty in favor of the City to extend to the work and improvements constructed in connection with the improvement of MCP on the private properties of the Members (e.g., driveways) for the same period under the same terms as the above warranty for improvements on MCP. The Association agrees to notify the Members about this warranty provision and inform the Members that they should notify the City in writing if within this one-year 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 ACS's contractor on such private properties pursuant to the Approved Plans fails to fulfill any of MCP Agreement between the Association and City 11086/0110/1286263v4 Page 8 of 17 the requirements of the Approved Plans. The MCP Improvement Agreement requires the City to notify ACS of the claim and provide ACS with an opportunity to investigate and respond. If after due consideration, the CITY determines that the claim comes within the scope of the warranty, it will notify ACS and the affected Member(s) of such determination. In such cases, the MCP Improvement Agreement requires ACS to, promptly and without cost to the affected Member(s), cause its contractor to repair, replace, or reconstruct such part or parts of the work on such private properties, subject to receiving approval to enter from the affected Member(s). If ACS does not act promptly and in accordance with the above, the MCP Improvement Agreement authorizes the City to provide a notice of default to ACS and perform the work itself pursuant to the terms of the MCP Improvement Agreement upon approval of the affected Member(s) to enter the Member(s) respective private property to correct any such work. 4. REPRESENTATIONS AND WARRANTIES OF THE ASSOCIATION. The Association makes the following representations and warranties to the City: a. The Association is a non-profit mutual benefit corporation that has been duly formed and organized and is validly existing and in good standing under the laws of the State of California. b. The Association has the power, right, and authority as a corporation to enter into this Agreement and to undertake the actions contemplated hereby. c. The Association has taken all requisite action in connection with entering into this Agreement. d. Each individual executing this Agreement on behalf of the Association has the legal power, right, and actual authority to bind the Association to the terms and conditions of this Agreement. The Association agrees to provide to the Escrow Holder, as defined below in Section 6, written proof that the individuals executing this Agreement on behalf of the Association are authorized to legally bind the Association. e. The execution and delivery of this Agreement and compliance with the terms of this Agreement by the Association do not violate or are permitted or authorized by the Association's CC&Rs, Bylaws, Articles of Incorporation or other documents that are legally binding on the Association. f. This Agreement is, and all documents required hereby to be executed by the Association, will be valid, legally binding obligations of, and enforceable against, the Association in accordance with their terms. g. The Association has all corporate authorizations necessary to execute and deliver this Agreement. h. The Association is not aware of any litigation or proceedings by or against the Association that may affect the Association's performance of its obligations under this Agreement. MCP Agreement between the Association and City 11086/0110/1286263v4 Page 9 of 17 The Association is not aware of any litigation or proceedings by or against the Members of the Association relating to MCP. 5. REPRESENTATIONS AND WARRANTIES OF THE CITY. The City makes the following representations and warranties to the Association: a. The City has the power, right, and authority to enter into this Agreement and to undertake the actions contemplated hereby. b. The City has taken all requisite action needed to enter into this Agreement. c. Each individual executing this Agreement on behalf of the City has the legal power, right, and actual authority to bind the City to the terms and conditions of this Agreement. d. This Agreement is, and all documents required hereby to be executed by the City, will be valid, legally binding obligations of, and enforceable against, the City in accordance with their terms. e. The City is not aware of any litigation or proceedings by or against the City that may affect the City's performance of its obligations under this Agreement. 6. ESCROW AND RESPONSIBILITIES OF ESCROW HOLDER. The Parties agree to establish an escrow ("Escrow") with Chicago Title Company ("Escrow Holder") to facilitate the actions required under this Agreement and to record the Conveyance Documents and other related documents discussed below. This Agreement constitutes the escrow instructions of the Parties. a. Opening and Close of Escrow. Within five (5) business days after the Effective Date of this Agreement, the City shall deliver a fully executed copy of this Agreement to the Escrow Holder. For purposes of this Agreement, "Opening of Escrow" means the date on which the Escrow Holder receives a fully executed copy of this Agreement. "Close of Escrow" means the recordation of the Conveyance Documents in the Official Records of the County of Riverside that have been deposited with Escrow Holder and approved or accepted by the City. The Close of Escrow shall occur after the performance of all duties and obligations under the Escrow that are required to take place prior to the Close of Escrow. b. Conveyance Documents. Escrow Holder shall record with the County Recorder the following Conveyance Documents within five (5) business days of receiving written instructions from the City to record said documents. The Association Conveyance Documents, substantially in the form attached as Exhibit "B" hereto, including without limitation quitclaim deeds as described in Section 1(b)(i) through (iii), which shall have been accepted by the City's Director of Public Works/City Engineer or other authorized official as necessary prior to recordation (which acceptance may be conditioned to become effective upon the Close of Escrow); MCP Agreement between the Association and City 11086/0110/1286263v4 Page 10 of 17 ii. Any available Member Conveyance Documents, substantially in the form attached collectively as Exhibit "C" hereto, which shall have been accepted by the City's Director of Public Works/City Engineer or other authorized official prior to recordation (which acceptance may be conditioned to become effective upon the Close of Escrow); The CC&Rs Termination Document, substantially in the form attached as Exhibit "D" hereto, which shall have been approved by the City's Planning Director (which approval may be conditioned to become effective upon the Close of Escrow); iv. Any available temporary construction easements or other consents necessary to facilitate the construction and improvement of MCP to the City's standards pursuant to the Approved Plans, to the extent the Association and Member Conveyance Documents do not include said property interests. Said temporary construction easements or other consents shall have been accepted by the City's Director of Public Works/City Engineer or other authorized official prior to recordation (which acceptance may be conditioned to become effective upon the Close of Escrow); and v. The MCP Improvement Agreement between ACS and the City, which shall become operative at the Close of Escrow and provide for the construction of the MCP improvements by ACS. The City shall deposit the final, fully - executed MCP Improvement Agreement into Escrow for recording by the Escrow Holder no later than when it gives written instructions to the Escrow Holder to record the Conveyance Documents. c. Transfer of $400,000 Contribution from the Association. The Escrow Holder shall transfer the $400,000 Contribution from the Association to the City upon the Close of Escrow, along with any interest accrued on said contribution. 7. TITLE AND TITLE INSURANCE. Upon the Opening of Escrow, Escrow Holder shall obtain and issue title commitments for the real property interests that are the subject of the Conveyance Documents described in Section 6.b.i, 6.b.ii., and 6.b.iv., above. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitments. Upon receipt of the foregoing, Escrow Holder shall deliver all of these instruments and the title commitments to the City and the Association. Escrow Holder shall insure the City's interests to the real property interests described in these Conveyance Documents (form of which are attached as Exhibits "B" and "C") at the Close of Escrow by CLTA Owner's Standard Coverage Policies of Title Insurance (or ALTA Extended Coverage Policies if the City elects such coverage as provided below in Section 7.d.) in the amount of $400,000.00 (the "Policies"). The City shall pay for the cost of the Policies. The Policies provided for pursuant to this Section shall insure the City's interest in the real property interests that are the subject of the Conveyance Documents free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title: a. Real property taxes for the current tax fiscal year that are not due and payable. MCP Agreement between the Association and City 11086/0110/1286263v4 Page 11 of 17 b. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the real property interests described in the Conveyance Documents; and c. Those non -monetary exceptions approved by the City within fifteen (15) business days after the date the City receives the title commitments and legible copies of all instruments noted as exceptions therein. d. The City will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance instead of a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, the City will, at its expense, procure an ALTA survey and pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. 8. TERMINATION. a. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the earliest of (a) the date the City accepts full maintenance responsibility for MCP; (b) the date that the City notifies the Association in writing that the City and ACS were not able to enter into the MCP Improvement Agreement, or (c) the date on which the City provides written notification to the Association informing the Association that the City was not able to acquire the necessary real property interests or rights of way needed for the improvement of MCP to the City's standards pursuant to the Approved Plans. b. Actions after Termination. Upon any termination for reasons other than full performance by the Parties as contemplated in this Agreement, each Party shall be returned to a place, situation, or condition as close as reasonably possible to that which existed prior to the date this Agreement was signed by both Parties. The Escrow Holder shall within fifteen (15) days of receiving notification of termination of this Agreement return all documents, materials and any other items to the Party who deposited it with the Escrow Holder. If, at the time of termination of this Agreement, Escrow Holder has received from the Association the $400,000 Contribution pursuant to Section 2.a. above for the improvement of MCP to the City's standards, Escrow Holder shall return to the Association within fifteen (15) days of receiving notification of termination of this Agreement the funds deposited by the Association toward said $400,000 Contribution together with any interest accrued on said deposit. 9. ENFORCEMENT. a. Enforcement Generally. The Parties shall have the right to enforce, by any proceeding at law or in equity, including specific performance, all conditions, restrictions, covenants, and other provisions in this Agreement or any subsequent amendments or modifications of it. The remedies provided for herein are to be considered cumulative and the use of one remedy shall not preclude the use of any other. A Party's acts or failure to act to enforce any right or duty under this Agreement shall not be considered or deemed a waiver of the right to enforce any other right or duty, nor is the act or failure to act to be interpreted as approval of any breach by the Party. MCP Agreement between the Association and City 11086/0110/1286263v4 Page 12 of 17 b. Attorneys' Fees. If any action or proceeding becomes necessary to construe or enforce the provisions of this Agreement or the rights of the Parties hereunder, the Party prevailing in such action shall be entitled to recover all court costs and reasonable attorneys' fees to be fixed by the court or the officer presiding over the proceeding, as the case may be, and taxed as part of the judgment. c. Choice of Forum. Any dispute arising under or relating to this Agreement shall be resolved in the Superior Court of the State of California, County of Riverside, California. d. Default by the City. If the Association determines that the City has not complied in good faith with terms or conditions of this Agreement, the Association shall give written notice to the City stating the manner in which the City has failed to comply and the steps the City must take to bring itself into compliance. If, within fifteen (15) days after such notice, the City does not commence all steps reasonably necessary to bring the City into compliance and thereafter diligently pursue such steps to completion, then the City shall be deemed to be in default and the Association shall have the right to pursue any remedy available at law or equity, including specific performance. e. Default by the Association. If the City determines that the Association has not complied in good faith with terms or conditions of this Agreement, the City shall give written notice to the Association stating the manner in which the Association has failed to comply and the steps the Association must take to bring itself into compliance. If, within fifteen (15) days after such notice, the Association does not commence all steps reasonably necessary to bring the Association into compliance and thereafter diligently pursue such steps to completion, then the Association shall be deemed to be in default and the City shall have the right to pursue any remedy available at law or equity, including specific performance. f. Remedies Cumulative. The rights and remedies provided in this Agreement shall not be exclusive but shall, to the extent permitted by law, be cumulative and in addition to all other rights and remedies existing at law, in equity, or otherwise, except those rights and remedies which have been waived. 10. NOTICE. a. All notices and demands shall be given in writing and delivered by overnight delivery. A copy of all notices shall be sent to the Escrow Holder. The Parties shall address such notices as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice: CITY: COPY TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney MCP Agreement between the Association and City 11086/0110/1286263v4 Page 13 of 17 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 ASSOCIATION: Jon Atwood, President Rancho Temecula Auto Park Association c/o Toyota of Temecula Valley 26631 Ynez Road Temecula, California 92589 COPY: Rancho Temecula Auto Park Association c/o Tim McLean Elite Management 38760 Sky Canyon Dr., Suite C Murrieta, California 92563 COPY: Vincent J. Sincek, Esq. Epsten, Grinnell & Howell APC 9980 Carroll Canyon Rd., Suite 200 San Diego, California 92131 ESCROW HOLDER: Chicago Title Company Attention: Kelly McDole, Senior Title Officer and Assistant Vice President 11870 Pierce Street, Suite 100 Riverside, California 92505 b. Effective Date of Notices. When delivered by overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery to the business address of each of the recipients, if delivery is confirmed by the delivery service. 11. GENERAL PROVISIONS. a. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. This Agreement supersedes all previous negotiations, discussions, and agreements between the Parties with respect to the subject matter hereof, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement. b. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. A reference to a particular person, entity, or Party shall include successors in interest to such person, entity, or Party. The Parties agree that the laws of the State of California shall govern the construction and implementation of this Agreement. c. Severability. If any term, covenant, condition, or provision of this Agreement, or the application thereof to any circumstance, shall at any time or to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application thereof to circumstances other than those as to which it is held invalid or unenforceable, shall be valid and enforceable, MCP Agreement between the Association and City 11086/0110/1286263v4 Page 14 of 17 to the fullest extent permitted by law, and shall be interpreted in the manner most consistent with effectuating the Parties' intent. d. Ambiguities. Each Party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. e. Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. f. Headings. The headings in this Agreement are included for convenience only and shall not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties. g. Relationship of the Parties. Nothing in this Agreement shall be construed to create an association, joint venture, trust, or partnership, or impose a trust or partnership, or to impose a trust or partnership covenant, obligation, or liability on or with regard to any one or more of the Parties. Each Party shall be responsible for its own covenants, obligations, and liabilities as herein provided. No Party shall be under the control of or deemed to control any other Party. Except as expressly provided in this Agreement, no Party shall be the agent of or have a right or power to bind any other Party without its written consent. h. Assignment. This Agreement shall be binding upon, and inure to the benefit of, each of the Parties and their respective successors and assigns. Neither Party shall assign this Agreement or its rights or interests hereunder without the prior written consent of the other Party, which consent may not be unreasonably withheld. Usage. Unless the context clearly requires otherwise: the plural and singular numbers shall each be deemed to include the other; the masculine, feminine, and neuter genders shall each be deemed to include the others; "shall," "will," or "agrees" are mandatory, and "may" is permissive; ii. reference to any person includes such person's successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a person in a particular capacity excludes such person in any other capacity or individually; reference to any agreement, document, or instrument means such agreement, document, or instrument as it exists on the Effective Date of this Agreement and includes any later amendment or modification in effect from time to time in accordance with the terms thereof; MCP Agreement between the Association and City 11086/0110/1286263v4 Page 15 of 17 iv. reference to any legal requirement means such legal requirement as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder, and reference to any section or other provision of any legal requirement means that provision of such legal requirement from time to time in effect and constituting the substantive amendment, modification, codification, replacement, or reenactment of such section or other provision; v. "hereunder," "hereof," "hereto," and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Article, Section, or other provision hereof; vi. "including" (and with correlative meaning "include") means including without limiting the generality of any description preceding such term; vii. "or" is used in the inclusive sense of "and/or"; viii. with respect to the determination of any period of time, "from" means "from and including," "to" means "to but excluding," and "through" means to and including; and ix. references to documents, instruments, or agreements shall be deemed to refer as well to all addenda, exhibits, schedules, or amendments thereto. j. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. k. Counting Days. Days shall be counted by excluding the first day and including the last day, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall be excluded. Any act required by this Agreement to be performed by a certain day shall be timely performed if completed before 5:00 p.m. local time on that date. If the day for performance of any obligation under this Agreement is a Saturday, a Sunday, or a legal holiday, then the time for performance of that obligation shall be extended to 5:00 p.m. local time on the first following day that is not a Saturday, Sunday, or legal holiday. As used in this Section, "legal holiday" means those days observed as holidays by the City (excluding floating and half-day holidays) pursuant to Temecula Municipal Code Section 2.32.010. Counterparts; Duplicate Originals. The Parties may execute the Agreement in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. Each Party may also execute the Agreement in duplicate originals, and each such document shall constitute an original Agreement. m. Necessary Acts. The Parties shall execute and deliver such further documents and instruments, and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. MCP Agreement between the Association and City 11086/0110/1286263v4 Page 16 of 17 n. Survival of Obligations. The Parties agree that, whether or not it is provided specifically herein, any term or provision of this Agreement that by its nature and effect is required to be kept, observed or performed after the Close of Escrow or termination, suspension, cancellation, rescission or expiration of this Agreement, shall survive such Close of Escrow, termination, suspension, cancellation, rescission or expiration, and shall be and remain binding upon and for the benefit of the Parties until fully observed, kept or performed. WHEREFORE, the Parties have executed this Agreement below. MCP Agreement between the Association and City 11086/0110/1286263v4 Page 17 of 17 CITY OF TEMECULA, a municipal corporation Date: Approved as to form: Ron Roberts, Mayor Date: Richards, Watson & Gershon Attest: Peter M. Thorson, City Attorney Susan W. Jones, MMC, City Clerk RANCHO TEMECULA AUTO PARK ASSOCIATION, INC. Date: Approved as to form: By: Jon Atwood, President Date: Epsten, Grinnell & Howell APC Vincent J. Sincek, Esq. Date: By: Name: Title: MCP Agreement between the Association and City 11086/0110/1286263v4 Page 18 of 17 EXHIBIT "A" FORM OF MCP IMPROVEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND ABBOTT CARDIOVASCULAR SYSTEMS, INC. MCP Agreement between the City and Association MOTOR CAR PARKWAY IMPROVEMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ABBOTT CARDIOVASCULAR SYSTEMS, INC. MCP Agreement between ACS and City , 2011 Table of Contents RECITALS 1 1. Construction of Improvements 2 2. Inspection and Acceptance of Improvements; Further Actions 4 3. Security 4 4. Alterations to Approved Plans 5 5. inspection and Certification 5 6. Release of Securities 5 7. Injury to Public Improvements, Public Property or Public Utility Facilities 6 8. Permits 6 9. Acquisition of Subject Property interests Needed to Improve Motor Car Parkway in Accordance with the Approved Plans 6 10. Acquisition -Related Costs 9 11. Default 10 12. Warranty 12 13. Indemnification 13 14. Insurance. 13 15. Mechanic's and Materialmen's Liens 15 16. Relationship of the Parties 15 17. Injury to Work 15 18. Obligation to Warn Pubiic During Construction 15 19. Vesting of Ownership 16 20. Final Acceptance of Work 16 21. Dispute Resolution 16 22. Condition Precedent; Time for Completion of Work 16 23. Notices 17 24. Entire Agreement 18 25. Interpretation and Governing Law 19 26. Severability 19 27. Ambiguities 19 28. Waiver; Modification 19 29. Headings 19 30. Non -Recourse Obligations 19 31. Assignment 20 32. Usage 20 33. Time of Essence 21 34. Counting Days 21 35. Recitals 21 36. Third Party Beneficiaries 21 37. Counterparts; Duplicate Originals 21 38. Necessary Acts 21 MCP Agreement between ACS and City Exhibit "A" Approved Street Improvement Plans for Motorcar Parkway Exhibit "B" Estimated Costs of Improvements Exhibit "C" Alternative Dispute Resolution ii MCP Agreement between ACS and City MOTOR CAR PARKWAY IMPROVEMENT AGREEMENT This Motor Car Parkway Improvement Agreement ("Agreement") is entered into as of , 2011, by the CITY OF TEMECULA, a California municipal corporation ("CITY"), and ABBOTT CARDIOVASCULAR SYSTEMS, INC., a California corporation and a subsidiary of Abbott Vascular, Inc. ("ACS"). CITY and ACS are each a "Party" and collectively "Parties". RECITALS A. On October 22, 2002, CITY and Advanced Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc., entered into that certain Development Agreement for the development of approximately 27 acres of real property in the vicinity of Ynez Road, Motor Car Parkway, Margarita Road and Solana Way ("Development Agreement"). The Development Agreement was approved by the City Council by its adoption of Ordinance No. 02- 10 and was recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. The terms and conditions of the Development Agreement and the Council's authority to act in connection therewith were validated by judgment of the Superior Court of the State of California, County of Riverside, entered on August 15, 2003, in Case No. RIC 387405. This Agreement is intended to implement certain provisions of the Development Agreement. B. Motor Car Parkway is a private street extending from Solana Way at its southerly terminus to Ynez Road at its northwesterly terminus ("MCP"). MCP is designated in the Development Agreement as one of the approved means of access to ACS's project as described therein. Section 2.11 of the Development Agreement provides that, upon the request of ACS, CITY shall accept an offer of dedication for Motor Car Parkway and thereafter own and maintain it as a public street provided that MCP is upgraded to public street standards as more specifically defined in Exhibit H to said Development Agreement. With MCP as a public street, ACS will have each of the approved means of access to its project as provided in the Development Agreement. Section 2.11 of the Development Agreement provides for MCP to be improved to acceptable CITY standards as a condition precedent to CITY's obligation to accept the offer of dedication. C. MCP is under the management and control of the Rancho Temecula Auto Park Association, a California non-profit mutual benefit corporation ("Association"). The Association was formed pursuant to those certain covenants, conditions and restrictions established in connection with the recordation of Parcel Map 23354 in Book 152, Pages 74, 75 and 76 of Parcel Maps in the Official Records of the County of Riverside, California ("CC&Rs"). Under the CC&Rs, Association and its members (as such term is defined in the CC&Rs ("Members"), one of which is ACS) have certain interests in MCP. CITY has provided to ACS a copy of that certain "Agreement of Rancho Temecula Auto Park Association and the City of Temecula Regarding Motor Car Parkway" ('`City -Association Agreement"). Certain real property interests owned by the Association and its Members are needed for ACS to improve MCP to public street standards. These real property interests are described on the form of conveyance documents, which are attached collectively as Exhibits "B" and "C" to the City -Association Agreement, include any other interests of record as to those specifically enumerated and are referred to below as the "MCP subject property interests." The City -Association Agreement provides for a Close of Escrow (referred to as "closing" herein), which is described in Section 6.a. of the City - Association Agreement. Pursuant to the closing, the Escrow Holder would record the requisite conveyances for the MCP subject property interests in favor of CITY, including the necessary 1 MCP Agreement between ACS and City access easement quitclaim deeds, executed by the Association and its Members and accepted by CITY's Director of Public Works/City Engineer ("City Engineer") prior to the start of construction of Motor Car Parkway by ACS. The closing under the City -Association Agreement will include recordation of this Motor Car Parkway Improvement Agreement as between CITY and ACS, and such closing is a condition precedent to certain performance by CITY and ACS hereunder as further provided in Section 22 below. D. Under this Agreement, ACS will cause the improvements to be constructed and ensure that necessary warranties are issued for CITY to subsequently accept MCP into CITY street system for maintenance. E. The City Engineer would not accept the conveyances under the City -Association Agreement (which include the requisite offers of dedication) without the commitment of ACS as contained herein to construct necessary improvements to MCP. ACS would not commit to improve MCP without the closing under the City -Association Agreement and CITY's commitment herein to accept MCP for maintenance upon ACS's completion of the improvements consistent with the final street improvement plans for MCP, which are described in Section G below. F. In consideration of CITY's acceptance of MCP as a public street, which will provide one of the necessary means of access for ACS's project as described in the Development Agreement, ACS desires to enter into this Agreement and agrees to construct certain public improvement work without cost to CITY as provided further herein. G. ACS has prepared final street improvement plans for the construction, installation and completion of the improvements on Motor Car Parkway. These final street improvement plans were reviewed and agreed upon by the Association, and reviewed and accepted by the City Engineer, and are referred to below as the ''Approved Plans". The Approved Plans are deemed to satisfy the requirements of the Development Agreement for the improvement of MCP as described therein, and any other applicable CITY standards. The Approved Plans are titled "Abbott Vascular PM 23354 and PA06-0201 ", are stamped approved by the City as of September 2, 2009, bear plan numbers LD09-00900, and are on file in the Office of the City Engineer. A true and correct copy of the Approved Plans is attached as Exhibit "A" to this Agreement. H. ACS has prepared an estimate of the cost of constructing the improvements in accordance with the Approved Plans and the City Engineer has determined that the estimate is reasonable. The estimated amount is $1,230,254.85 ("Estimated Cost"). The basis for the Estimated Cost is attached as Exhibit "B" and incorporated here by reference. NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants set forth in this Agreement and the further consideration described herein, ACS and CITY agree as follows: 1. Construction of Improvements. ACS shall: a. Furnish the necessary materials and construct the improvements as described in the Approved Plans at its expense (together with the $400,000.00 contribution of the Association described in the City -Association Agreement) and any contributions described in Sections 1.d. or 1.e., below. 2 MCP Agreement between ACS and City b. Determine whether payment of prevailing wages is required by California LABOR CODE Section 1720 for the construction, alteration, demolition, installation, or repair of the improvements required by this Agreement. If ACS determines that payment of prevailing wages is not required pursuant to LABOR CODE Section 1720 et seq., then ACS shall submit to the City Engineer a certification confirming that payment of prevailing wages is not required and/or a written determination from the State that payment of prevailing wages is not required. If ACS determines that payment of prevailing wages is required after consultation with the Department of Industrial Relations, then: (i) ACS shall obtain from the Department of Industrial Relations and submit to the City Engineer 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 construct improvements under this Agreement; (ii) ACS shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rate as a minimum; and (iii) ACS shall comply with the provisions of the LABOR CODE and other applicable laws and regulations with respect to the payment of prevailing wages. If ACS determines that payment of prevailing wages is not required under applicable law, ACS shall defend, indemnify and hold CITY harmless from any loss, claim or action arising from such determination. c. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by CITY, ACS shall install temporary street name signs according to the City Engineer's requirements. d. Attempt to resolve directly with the owners of the properties located adjacent to Motor Car Parkway (Members of the Association) any issues regarding the cost of the improvements required on the private properties (e.g., driveways) arising in connection with the improvement and construction of MCP pursuant to the Approved Plans, and payments or contributions for such work by the individual owners of the affected properties. Upon the request of ACS or an individual property owner, CITY shall assist the parties in their resolution of any issue that may arise with respect to such improvements. e. Determine whether to conduct a preliminary assessment of potential environmental contamination of the MCP subject property interests (commonly referred to as a Phase I environmental assessment) and, if such preliminary assessment indicates possible contamination, determine whether to conduct a further assessment to ascertain the nature and extent of the contamination (a Phase II assessment). If ACS determines to proceed with the assessment(s), ACS shall attempt to obtain voluntary access to the necessary properties in order to conduct the assessment(s). If ACS is unable to obtain such voluntary access, ACS may request that CITY use the authority set forth in California Code of Civil Procedure Sections 1245.010, et seq., to obtain an order permitting entry. ACS and CITY shall consult regarding the findings of the environmental assessment(s), and each Party shall have the right to terminate this Agreement if a Phase II assessment indicates the presence of environmental contamination and such Party is not satisfied that appropriate measures are available to address financial responsibility for such contamination. Nothing in this Agreement or the City -Association Agreement shall preclude CITY or ACS from pursuing any remedy or cause of action under state or federal law against any 3 MCP Agreement between ACS and City person to recover all or a portion of the cost of removing, remediating, responding to or otherwise addressing any hazardous materials (as defined under state or federal law or regulations) that may be encountered in constructing the improvements and that were not placed on site by ACS's contractor. 2. Inspection and Acceptance of Improvements; Further Actions. CITY shall: a. Inspect the improvements and work from time to time upon request of ACS or its contractor, in a reasonably timely manner and consistent with CITY's generally applicable regulations, procedures and fees. b. Take such steps as necessary, including acceptance by CITY's Building Official, to approve changing the name of Motor Car Parkway (or the east -west portion of it) to Abbott Parkway (or some similar name referring to ACS or its parent company or companies satisfactory to ACS by the time the improvements are accepted, the necessary consents to such name change having been set forth in Section 1.b.viii of the City -Association Agreement. c. Accept the improvements upon completion, after certification by the City Engineer as set forth in Section 20. d. Such action shall constitute acceptance of Motor Car Parkway into CITY street system pursuant to California STREETS AND HIGHWAYS CODE Section 1806, Temecula Municipal Code Section 16.30.120.E and Section 2.11 of the Development Agreement, and CITY shall thereafter maintain Motor Car Parkway as a public street. Notwithstanding such acceptance, the resolution of any claims filed during the warranty period shall be the responsibility of ACS and its contractor. e. Upon dissolution of the Association and CITY's receipt of any remaining assets from the Association as provided in CC&Rs Section 3.6.3 and Sections 1.b.ix. and 2.c. of the City -Association Agreement, transfer such assets to ACS to be used towards the costs incurred by ACS in connection with the improvement of MCP pursuant to the Approved Plans. 3. Security. ACS shall guarantee its performance of this Agreement by furnishing to CITY and maintaining good and sufficient security reasonably consistent with that typically required by CITY under the California SUBDIVISION MAP ACT for the purposes and in the amounts as follows: a. To assure faithful performance of this Agreement in regard to improvements under the Approved Plans in an amount of 100% of the Estimated Cost; and To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the Estimated Cost; 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 4 MCP Agreement between ACS and City labor done or defective materials furnished in the additional amount of 10% of the Estimated Cost. The securities required by this Agreement shall be kept on file with the City Clerk. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk. Upon filing of a replacement security with the City Clerk, the former security shall be released. 4. Alterations to Approved Plans. Any changes, alterations or additions to the Approved Plans or the improvements, not exceeding 10% of the Estimated Cost, which are mutually agreed upon by CITY and ACS (and subject to any applicable provisions of the City -Association Agreement), 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 Estimated Cost, ACS shall provide improvement security for faithful performance as required by Section 3 hereof for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Section 6. 5. Inspection and Certification. ACS shall provide reasonably safe access for inspection by CITY's inspector of the public improvements and the shops where any portion thereof is in preparation. Upon completion of the work ACS may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer or designated representative determines that the work has not been completed in accordance with the Approved Plans, then ACS shall have additional time as deemed reasonable by the City Engineer or designated representative to correct any deficiencies. If the City Engineer or designated representative determines that the work has been completed in accordance with the Approved Plans, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless aspects of the work have been inspected and determined to have been completed in accordance with the Approved Plans. ACS shall reimburse CITY for its actual costs of inspecting and certifying the improvements. 6. Release of Securities. The securities required by this Agreement shall be released as follows: a. Security given for faithful performance of this Agreement in regard to improvements under the Approved Plans shall be released upon approval by the City Council concurrently with its final acceptance of the improvements as provided in Section 20, subject to the provisions of Section 6(b). b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by ACS; provided, however, that (i) no such release shall be for an amount less than 25% of the total security given for faithful performance of the improvement work, and (ii) the security shall not be reduced to an amount less than 50% of the total security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of improvement security that 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. 5 MCP Agreement between ACS and City c. Security given to secure payment to the contractor, its subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the legislative body as and if required by law, plus an amount reasonably determined by the City Engineer 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 Section 12, the warranty period shall commence upon final acceptance of the work and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees anticipated to be incurred in connection with pending claims against such security, if any, including reasonable attorney's fees. 7. Injury to Public Improvements. Public Property or Public Utility Facilities. ACS shall replace or repair any public improvements, public utility facilities and surveying or subdivision monuments that are destroyed or damaged as a result of its work under this Agreement. ACS shall bear the cost of replacement or repairs of any public or public utility property damaged or destroyed by reason of 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 CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the reasonable satisfaction and approval of the City Engineer. 8. Permits. ACS shall obtain any necessary permits or licenses for the construction and installation of the improvements, give any necessary notices and pay any associated fees and taxes required by law. 9. Acquisition of Subject Property Interests Needed to Improve Motor Car Parkway in Accordance with the Approved Plans. If the Members of the Association, the Association, or other parties having an interest in the MCP subject property interests do not voluntarily convey to CITY, based on the consideration for the improvement of MCP to CITY's standards and acceptance of MCP into CITY publicly -maintained system, the interests needed to improve MCP to CITY's standards in accordance with the Approved Plans, ACS has requested that CITY acquire such interests in conformance with applicable law, including but not limited to applicable provisions of Government Code Section 7620 et seq. ACS and CITY recognize that CITY cannot exercise its power of eminent domain unless the City Council, in its sole discretion, makes the necessary findings and adopts a resolution of necessity pursuant to law for each of the outstanding MCP subject property interests. This Agreement is neither a commitment nor an announcement of intent by CITY to acquire any or all of the MCP subject property interests by eminent domain. This Agreement sets forth the obligations of the parties in connection with the proposed acquisition of the MCP subject property interests. 6 MCP Agreement between ACS and City a. CITY agrees that if the Members of the Association, the Association, or other parties that have an interest in the MCP subject property interests do not convey to CITY the MCP subject property interests needed to improve MCP to public standards in accordance with the Approved Plans based on the consideration for the improvement of MCP to CITY's standards and acceptance of MCP into CITY publicly -maintained system, CITY will: i) Obtain appraisals of the MCP subject property interests in accordance with the requirements of the Eminent Domain Law. ii) In good faith and pursuant to the requirements of law, negotiate with the current owners of the MCP subject property interests for the improvement of MCP in accordance with the Approved Plans to attempt to acquire said real property interests without the necessity of eminent domain proceedings. iii) If such negotiations prove unsuccessful, CITY will begin the preacquisition procedures required by law in connection with eminent domain proceedings. iv) Subject to the full satisfaction of the appraisal, offer, negotiation and notice requirements imposed by law, CITY will schedule a hearing for the City Council to consider the adoption of resolution(s) of necessity for the acquisition of the MCP subject property interests by eminent domain. v) CITY will file eminent domain proceedings for the purpose of acquiring the MCP subject property interests needed to improve MCP pursuant to the Approved Plans if: (1) The City Council determines that CITY has complied with all applicable laws relating to the appraisal, offer, and required negotiation; (2) the City Council has considered all of the facts presented at the hearing for the resolution of necessity by Staff and the owners of the real property interests bearing on the findings required for a resolution of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for a resolution of necessity under the Eminent Domain Law by the requisite vote; and (4) the City Council elects, in its sole and exclusive discretion, to adopt such resolution(s) of necessity. vi) If the City Council elects, in its sole and exclusive discretion, to adopt a resolution of necessity and to initiate eminent domain proceedings, in connection with any of the MCP subject property interests, CITY will promptly file such proceedings following the adoption of the resolution of necessity, and CITY will diligently prosecute the proceeding. vii) If the Council elects, in its sole and exclusive discretion, to adopt a resolution of necessity and initiate eminent domain proceedings, CITY will seek an order for prejudgment possession pursuant to the Eminent Domain Law. 7 MCP Agreement hutwccn ACS and City b. ACS agrees that if eminent domain proceedings are filed to acquire any of the MCP subject property interests by eminent domain, CITY may not have title to said subject property interests in the time contemplated by ACS to construct the improvements for MCP. ACS waives any such time requirements, including any time requirements of Government Code Section 66462.5, if applicable. ACS, however, does not waive any such time requirements that may have passed in relation to MCP prior to the execution of this Agreement. Further, if this Agreement terminates for any reason other than default by ACS, nothing herein shall preclude ACS from taking the position that any condition to development approval concerning access via MCP or improvement thereof has been terminated by operation of law or otherwise. This provision is not a waiver of any of CITY's rights regarding these issues. c. The parties hereto further agree that either Party may terminate this Agreement if a court in such proceedings makes a final determination that CITY does not have the right to take as to any of the real property interests needed to improve MCP to CITY standards pursuant to the Approved Plans or CITY elects, in its sole discretion, not to adopt a resolution of necessity. d. ACS agrees to pay all costs of CITY necessary for acquiring the MCP subject property interests needed to improve MCP pursuant to the Approved Plans, including, but not limited to, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for business goodwill, pre -condemnation damages, relocation assistance and benefits, abandonment damages, costs and claims relating to right to take challenges, attorneys' fees, litigation expenses, consultant fees and costs, appraiser fees and costs, title policy and litigation guarantee charges and costs, deposits, any sum paid as and for settlement of any eminent domain proceeding filed by CITY for the acquisition of the Property, and such other payments, costs or expenses arising out of CITY's acquisition of the real property interests needed to improve MCP in accordance with the Approved Plans (collectively, "Costs"). The definition of Costs is purposefully broad in order to provide reimbursement to CITY for its expenditures, but nothing in the definition or elsewhere in this Agreement shall be interpreted to indicate that either Party believes that any particular damages or payment is required for any holder of MCP subject property interests. Given the nature of the project and the facts as presently known, the Parties anticipate that only nominal, if any, compensation would be payable for such interests, and that no payments would be necessary for improvements, severance damages, fixtures and equipment, relocation assistance and benefits or abandonment damages; and nothing herein shall be considered as evidence or an admission by either Party to the contrary. The Parties acknowledge, however, that an independent appraiser would provide an opinion of the fair market value of the MCP subject property interests and applicable compensation or damages, if any. ACS agrees that CITY will exercise exclusive control of the acquisition of the MCP subject property interests and, if necessary, eminent domain proceeding(s) filed in connection with the acquisition of the MCP subject property interests. ACS agrees to pay the acquisition -related Costs, including those necessarily incurred by CITY as to a particular MCP subject property interest before consideration by the City Council of a resolution of necessity, regardless of whether or not the City Council, in its sole discretion, adopts such resolution of necessity. 8 MCP Agreement between ACS and City e. CITY and ACS will cooperate in the acquisition process and keep each other fully advised of the progress of the acquisitions. CITY shall consult with ACS's counsel as to pending actions, pleadings and case status and otherwise advise ACS from time to time as to the status of its acquisition activities as requested by ACS but consistent with applicable attorney-client and work product privileges. f. ACS may request at any time that CITY terminate (or "abandon") an eminent domain proceeding as to a particular MCP subject property interest, or settle any claim against CITY in connection with such a proceeding, including any inverse condemnation claim. CITY may comply or not with any such request in its sole discretion. If CITY complies with such request, CITY shall forthwith seek to withdraw any amounts on deposit and shall reimburse ACS for same (subject to CITY's right to withhold amounts (if any) necessary as determined by the court to compensate the property owner as a result of the abandonment and dismissal of the eminent domain proceeding). If the property owner has already withdrawn the deposit, CITY shall forthwith seek reimbursement from the property owner for purposes of reimbursing ACS and, upon receipt of any such funds, shall reimburse ACS. However, ACS agrees it is obligated to pay for all fees and litigation expenses, and claims for compensation as determined by the court, resulting from the abandonment and dismissal of the eminent domain proceeding. 10. Acquisition -Related Costs. If the Members of the Association, the Association or other parties having an interest in the MCP subject property interests do not voluntarily convey to CITY the MCP subject property interests needed to improve MCP to CITY's standards in accordance with the Approved Plans based on the consideration for the improvement of MCP to CITY's standards and acceptance of MCP into CITY publicly -maintained system, CITY will provide written notice of this to ACS. CITY will also provide bank - wiring instructions for CITY's account. ACS will deposit with CITY's bank for CITY's account the initial sum specified by the Director of Finance in consultation with the City Attorney, but in any event not to exceed $20,000.00 (Twenty Thousand and no/100 dollars) within twenty (20) Days (as defined in Section 34 below) of written notification of the above and request for deposit from CITY. a. CITY will use said sum for the costs of the appraisals of the MCP subject property interests and the preliminary estimate of attorney fees and Costs for the acquisition of the MCP subject property interests and eminent domain proceedings, if required, and which sum will be applied to the Costs of the acquisition of the subject property interests. b. CITY shall provide ACS with an estimated budget on or before the tenth day of each month during which acquisition activities are undertaken. Each budget shall provide CITY's estimate of Costs for its acquisition efforts during the following three month period (commencing on the first day of the next month, with the initial budget covering any pro -rata period up to that first day), to assist ACS with planning for expenditures. ACS may inquire of CITY as to the nature and amount of any anticipated Cost, and the Parties shall use reasonable good faith efforts to resolve such questions. c. If the Director of Finance determines that the amount of the actual Costs incurred by CITY for the appraisal and legal fees will be more than the amount of the 9 MCP Agreement between ACS and City deposit, ACS will deposit via funds transfer to CITY's bank for CITY's account, such amounts as the Director of Finance reasonably determines necessary for the acquisition Costs within twenty (20) Days of a written request from the Director of Finance. If the amount of the actual Costs incurred by CITY is less than the amount of the deposit, then CITY will refund the difference to ACS, without interest, within twenty (20) Days following either the close of escrow for acquisition of the MCP subject property interests, notice of the Court's entry of the final order of condemnation, or the determination by CITY, in its sole and exclusive discretion, that the eminent domain proceeding is final and no further rights of appeal are possible. d. Within twenty (20) Days of a written request from the Director of Finance, ACS will deposit via funds transfer with CITY's bank for CITY's account, such amount, either in whole or in part, as CITY reasonably determines is the probable just compensation for the particular MCP subject property interests, and closing costs, in excess of any funds already deposited by ACS. ACS understands and acknowledges that such demand may occur at any time after the execution of this Agreement as may be necessary for the deposit of probable compensation pursuant to the Eminent Domain Law at the time of filing an eminent domain proceeding, settlement of the eminent domain proceeding, or to close escrow pursuant to a negotiated purchase and sale agreement. e. In the event ACS does not make the deposits described in this Agreement in the times required by this Agreement, CITY may, at its discretion, pay for the expenses described in this Agreement. ACS agrees that in such event CITY may recover the expenses from the approximate $750,000.00 funds in the City Capital Project Reserves allocated for improvement of MCP; provided, however, that nothing in this Agreement shall preclude ACS from drawing down on such funds at any time as provided in the Owner Participation Agreement between ACS and the Redevelopment Agency of the City of Temecula dated February 12, 2002. 11. Default. a. Default of ACS shall include, but not be limited to, ACS's failure to timely complete construction of the improvements as provided in Section 22; ACS's failure to timely cure any defect in the improvements; ACS's failure to perform substantial construction work for a period of twenty (20) Days, weather permitting, after commencement of the work; ACS's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which ACS fails to discharge within thirty (30) Days; or ACS's failure to perform any other obligation under this Agreement. b. Default of CITY shall include, but not be limited to, CITY's failure to timely accept the improvements for maintenance after the City Engineer's certification of their completeness or CITY's failure to perform any other obligation under this Agreement. c. The CITY and ACS each reserves to itself all remedies available at law or in equity for breach of obligations under this Agreement. Each Party shall have the right to apply to a court to enjoin any breach of this Agreement as set forth in 10 MCP Agreement between ACS and City Section 21(a), and to specific performance as set forth in Section 21(b). Subject to the notice and cure provisions of Section 11(d) and the dispute resolution procedures of Section 21(a), CITY shall have the right to draw upon or utilize the appropriate security to mitigate CITY damages and complete the public improvements in accordance with the Approved Plans in the event of default by ACS. 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. The Estimated Cost and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages if ACS defaults in completing the improvements shall be measured by CITY's cost of completing such improvements. d. In the event of ACS's default under this Agreement, CITY shall provide written notice to ACS and its surety describing the default and the steps required for ACS to bring itself into compliance. If, within twenty (20) Days after such notice, ACS does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then ACS shall be deemed to be in default hereunder. In that event, ACS authorizes CITY to perform the obligation specified in the notice, and agrees to pay the cost of such performance by CITY. e. In the event of CITY's default under this Agreement, ACS shall provide written notice to CITY describing the default and the steps required for CITY to bring itself into compliance. If, within twenty (20) Days after such notice, CITY does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then CITY shall be deemed to be in default hereunder. In that event, ACS may pursue all remedies available to it at law or in equity for breach of CITY's obligations under this Agreement. f. If in CITY's reasonable judgment, the nature of an uncured default by ACS warrants it, CITY may take over the work and prosecute it to completion by contract or by any other method CITY may deem advisable. CITY's action shall be for the account and at the expense of ACS, and ACS's surety shall be liable to CITY to the extent of any applicable security. In such event and in order to complete the work, CITY, without liability for so doing, may take possession of and utilize such materials, appliances, plant and other property belonging to ACS as may be on the site of the work and necessary for the performance thereof. g. The failure of either ACS or 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 the other Party, as further set forth in Section 28. h. The time for performance of any obligation under this Agreement may be extended by the mutual agreement of the Parties. The City Manager and any officer of ACS are authorized to execute any such agreement on behalf of their respective parties. A Party shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes and 11 MCP Agreement between ACS and City other labor difficulties beyond the Party's control, and (as to ACS) laws (including voter initiative or referenda, moratoria, and judicial decisions) occurring within or affecting development within the City of Temecula. 12. Warranty. a. ACS shall cause its contractor for the MCP improvements to warranty the work done pursuant to this Agreement against any defective work or labor done or defective materials furnished for a period of one year after final acceptance of the work and improvements by the City Council as provided in Section 20. The warranty shall be in favor of CITY and ACS. To the extent that any improvements are to be constructed in phases or sections, the one-year warranty period shall commence after CITY's 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 ACS's contractor fails to fulfill any of the requirements of this Agreement or the Approved Plans, ACS shall promptly and without cost to CITY, cause its contractor to repair, replace or reconstruct such part or parts of the work. If ACS fails to act promptly and in accordance with this requirement, CITY may provide a notice of default to ACS as set forth in Section 11(d) and, in the event ACS fails to cure such default, perform the work itself as authorized by such Section. If CITY reasonably determines that an urgent circumstance requires repairs or replacements to be made in order to protect public health and safety before ACS can be notified, CITY may make the necessary repairs or replacement or perform the necessary work and ACS shall reimburse CITY for the cost of such work. As with any other dispute hereunder, either Party may initiate a dispute resolution proceeding as set forth in Section 21(a) as to a dispute concerning their respective rights or obligations under this Section 12. b. ACS shall cause its contractor for the MCP improvements to warranty the work done on the private properties located adjacent to MCP and owned by the respective Members of the Association ("Members") in connection with the construction and improvement of MCP in accordance with the Approved Plans against any defective work or labor done or defective materials furnished for a period of one year after final acceptance of the work and improvements by the City Council as provided in Section 20. The warranty shall be in favor of CITY and ACS. CITY will provide notice to the Association regarding this provision so that the Association can notify the Members pursuant to the City -Association Agreement. If within the one-year 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 ACS's contractor on such private properties pursuant to the Approved Plans fails to fulfill any of the requirements of the Approved Plans, Members may notify CITY in writing. The CITY will notify ACS of the claim and provide ACS with the opportunity to investigate and respond. If after due consideration, CITY determines that the claim comes within the scope of the warranty provided herein, it will notify ACS and the affected Member(s) of such determination. ACS will promptly and without cost to said Member(s), cause its contractor to repair, replace or reconstruct such part or parts of the work on such private properties, subject to receiving approval to enter from the affected Member(s). If ACS fails to act 12 MCP Agreement between ACS and City promptly and in accordance with this requirement, CITY may provide a notice of default to ACS as set forth in Section 11(d) and, in the event ACS fails to cure such default, perform the work itself as authorized by such Section upon approval from the Members to enter their respective private property to correct any such work. 13. Indemnification. Except to the extent of the negligence or willful misconduct of CITY, Redevelopment Agency of the City of Temecula, its agents, officers, attorneys, and employees (each an "Indemnified Person" and collectively, "Indemnified Persons"), ACS shall indemnify, defend with legal counsel of CITY's reasonable approval, and hold harmless the Indemnified Persons from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties during the warranty period described in Section 12 and alleging that the Indemnified Person and/or Indemnified Persons are liable for such damages caused during such period as a direct or indirect result of ACS's construction of the improvements or other performance under this Agreement. ACS's obligation to indemnify is subject to and conditioned upon the Indemnified Person's timely written request to ACS to defend and/or indemnify. Any such request shall be made immediately upon such Indemnified Person's becoming aware of a claim which could reasonably give rise to ACS's obligations under this Section. 14. Insurance. ACS shall cause its contractor to procure and maintain, for the duration of the contract for the construction and improvement of MCP, insurance against claims for injuries to persons or damages to property, which may arise from performance by the Contractor, its sub -contractors, agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: i) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. iii) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: i) General Liability: two million ($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. 13 MCP Agreement between ACS and City ii) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. iii) Worker's Compensation as required by the State of California; Employer's Liability: Two million dollars ($2,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, Redevelopment Agency of the City of Temecula, their respective agents, officers, officials, attorneys, employees, and volunteers; or the Contractor 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: i) In addition to ACS and such other persons it may specify, the City of Temecula, Redevelopment Agency of the City of Temecula, the Association, each of their respective officers, officials, attorneys, and employees, and the Members of the Association that own the real property interests abutting Motor Car Parkway that are the subject of the Conveyance Documents (collectively "Insured Parties"), shall be covered as insureds, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. ii) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Insured Parties. Any insurance or self-insured retention maintained by the Insured Parties shall be excess of the Contractor's insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Insured Parties. iv) The Contractor'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. v) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) Days' prior written notice to CITY. vi) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall promptly notify CITY by phone or fax and via 14 MCP Agreement between ACS and City certified mail, return receipt requested, of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to CITY. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish 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 CITY. All endorsements are to be received and approved by CITY before work commences. As an alternative to CITY's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 15. Mechanic's and Materialmen's Liens. If any mechanic's or materialmen's lien, or any other item whatsoever, stemming from the activities of ACS and/or its contractors or subcontractors is filed or recorded against Motor Car Parkway or any property comprising the MCP subject property interests or common areas, then, within twenty (20) days of learning of such lien, ACS shall cause, at the sole expense of ACS or its contractor, said lien to be removed from Motor Car Parkway or such subject property interests, or shall provide and record a release bond pursuant to provisions of California Civil Code Section 3143. If ACS fails to remove or bond around any such lien within such twenty (20) day period, CITY shall remove said lien and ACS shall reimburse CITY for any of the Costs incurred by CITY to remove said lien. 16. Relationship of the Parties. Nothing in this Agreement shall be construed to create an association, joint venture, trust or partnership, or impose a trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Parties. Each Party shall be responsible for its own covenants, obligations and liabilities as herein provided. No Party or group of Parties shall be under the control of or deemed to control any other Party or the Parties as a group. Except as expressly provided in this Agreement, no Party shall be the agent of or have a right or power to bind any other Party without its express consent. 17. Injury to Work. Until such time as the improvements are accepted by CITY as provided in Section 20, ACS shall be responsible for and bear the risk of loss to any of the improvements constructed or installed hereunder, and for the care, maintenance of, and any damage to such improvements. Except for circumstances involving the negligence or willful misconduct of CITY or any officer or employee thereof, neither CITY nor any of its officers or employees shall be liable or responsible for any accident, loss or damage to the improvements specified in this Agreement prior to the completion and acceptance of such improvements. Nothing in this Section shall preclude ACS from seeking contribution or indemnity for any accident, loss or damage concerning the improvements from another person or entity not a Party to this Agreement.Obliqation to Warn Public During Construction. Until final acceptance of the improvements as provided in Section 20, ACS shall give reasonable warning to the public of any dangerous condition therein, and shall take reasonable actions to protect the public from such dangerous condition. 15 MCP Agreement between ACS and City 19. Vesting of Ownership. Upon acceptance of the work on behalf of CITY as provided in Section 20 and recordation of a notice of completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 20. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within thirty (30) Days from the date the City Engineer certifies that the work has been completed, as provided in Section 5. Such acceptance shall not constitute a waiver of defects by CITY. 21. Dispute Resolution. a. Procedures. CITY and ACS shall have the right to apply to a court to enjoin any breach of this Agreement. Excepting the right to seek such relief, all claims and matters in question arising out of this Agreement, whether sounding in contract, tort or otherwise, shall be resolved through use of the alternative dispute resolution procedures set forth in Exhibit "C" and incorporated here by reference. b. Specific Performance. CITY and ACS have invested significant time and resources and performed extensive planning in agreeing to the terms of this Agreement and will be investing even more significant time and resources in performing obligations pursuant to this Agreement. It is not possible to determine the sum of money, which would adequately compensate either Party for its efforts in connection with this Agreement. For the above reasons, CITY and ACS agree that damages would not be an adequate remedy if a Party fails to carry out its obligations under this Agreement and that each Party shall have the right to seek and obtain specific performance as a remedy for breach of this Agreement. c. Remedies Cumulative. Subject to the provisions of Section 21.a. and Exhibit "C" concerning alternative dispute resolution, the rights and remedies provided in this Agreement shall not be exclusive but shall, to the extent permitted by law, be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, except those rights and remedies which have been waived. 22. Condition Precedent; Time for Completion of Work. a. ACS. As conditions precedent to the performance required of ACS hereunder to contract for, commence, insure, warrant or otherwise take steps to improve MCP: (i) the closing shall have occurred under the City -Association Agreement; (ii) CITY shall have paid to ACS the $400,000 CITY receives from Association at such closing to be used by ACS towards the costs of improving MCP to CITY's standards; and (iii) CITY shall have obtained any remaining MCP subject property interests not recorded with the referenced closing in order for ACS to commence the work required hereunder, whether through voluntary conveyance, judgment in eminent domain or an order for prejudgment possession. CITY shall certify to ACS the date of the satisfaction of these conditions precedent within ten (10) Days after their aggregate completion. CITY's certification shall constitute a representation and warranty that CITY has obtained all necessary MCP subject property interests required for ACS to perform the work described in the Approved Plans. If such conditions precedent have not been satisfied by 16 MCP Agreement between ACS and City December 30, 2011, ACS shall have the right to terminate this Agreement upon twenty (20) Days' notice to CITY. Any such termination by ACS does not terminate ACS's obligations under Section 9 above. ACS shall complete construction of the improvements required by this Agreement within twenty-four (24) months after the date of satisfaction of such conditions precedent. In the event good cause exists as determined by the City Engineer in his reasonable discretion, the time for completion of the improvements may be extended. The extension shall be made in writing executed by the City Engineer. Any such extension may be granted without notice to ACS's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. For example only and not by way of limitation, delay resulting from an act of CITY, Association or a Member, or by an act of God such as storms or inclement weather which prevent the conducting of work, shall constitute good cause for an extension of time for completion. As a condition of such extension, the City Engineer may require ACS to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as reasonably necessary to compensate for any increase in construction costs. b. CITY. As conditions precedent to the performance required of CITY to accept the improvements to MCP as set forth in Section 2.c.: (i) the closing shall have occurred under the City -Association Agreement; (ii) CITY shall have obtained any remaining MCP subject property interests not recorded with the referenced closing and necessary for ACS to commence the work required hereunder, whether through voluntary conveyance, judgment in eminent domain or an order for prejudgment possession; and (iii) ACS shall have constructed the improvements as described in Section 1.a. and the City Engineer shall have made the certification described in Section 5. 23. Notices. a. Manner of Giving Notice. All notices required or provided for under this Agreement shall be in writing and delivered in person, or sent by first-class mail, certified mail (return receipt requested), or overnight delivery. b. Address for Notices. Notices to CITY shall be addressed as follows: Greg Butler Director of Public Works\City Engineer City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon 355 S. Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 17 MCP Agreement between ACS and City Notices to ACS shall be addressed as follows: Art Tyre Divisional Vice President, U.S. and Puerto Rico Manufacturing Operations Abbott Cardiovascular Systems, Inc. 26531 Ynez Road Temecula, CA 92591-4630 With a copy to: Susan L. Walker Division Counsel Abbott Cardiovascular Systems, Inc. 3200 Lakeside Drive Mailstop S-315 Santa Clara, CA 95054-2807 And with a copy to: Law Office Michael R. Woods, A Professional Corporation 18880 Carriger Road Sonoma, CA 95476-6246 c. Effective Date of Notices. When personally delivered to the recipient, notice is effective on delivery. When mailed first class, postage prepaid, to the last address of the recipient known to the Party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt. When delivered by overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service. d. Undeliverable Notice. A correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified shall be deemed effective as of the first date that such notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service. e. Change of Address. A Party may change its address for notices by giving notice in writing to the other Party as required herein. Thereafter, notices shall be sent to the new address. 24. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. This Agreement supersedes all previous negotiations, discussion and agreements between the Parties with respect to the subject matter hereof, and no parole evidence of any prior or other agreement shall 18 MCP Agreement between ACS and City be permitted to contradict or vary the terms hereof. Notwithstanding the foregoing, the Development Agreement remains in full force and effect; provided, however, that the Approved Plans are deemed compliant therewith as set forth in Recital "G" hereof. Additionally, the Owner Participation Agreement entered into by the Redevelopment Agency of the City of Temecula and ACS dated February 12, 2002, remains in full force and effect. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement. 25. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. A reference to a particular person, entity or Party shall include successors in interest to such person, entity or Party. The Parties agree that the laws of the State of California shall govern the construction and implementation of this Agreement. 26. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any circumstance, shall at any time or to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application thereof to circumstances other than those as to which it is held invalid or unenforceable, shall be valid and enforceable, to the fullest extent permitted by law, and interpreted in the manner most consistent with effectuating the Parties' intent. 27. Ambiguities. Each Party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. 28. Waiver; Modification. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. In addition to a waiver, any modification or amendment to the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties. In the case of CITY, the appropriate representative to execute a waiver, modification or amendment shall be the City Manager. 29. Headings. The headings in this Agreement are included for convenience only and shall not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties. 30. Non -Recourse Obligations. The obligations of each Party under this Agreement shall be without recourse to any Party's Affiliates or its or their Representatives, shareholders, partners or members. As used in this Agreement, "Affiliate" means any other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the Party specified. For purposes of the foregoing, "control," "controlled by" and "under common control with," with respect to any Party, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Party, whether through the ownership of voting securities, partnership or member interests, by contract or otherwise. "Representative" 19 MCP Agreement between ACS and City means, with respect to a particular entity, any director, officer, manager, employee, agent, consultant, advisor, accountant, financial advisor, legal counsel or other representative of that entity. 31. Assignment. This Agreement shall be binding upon, and inure to the benefit of, each of the Parties and their respective successors and permitted assigns. Neither Party shall assign this Agreement or its rights or interests hereunder without the prior written consent of the other Party, which consent may not be unreasonably withheld, except that ACS may enter into assignments and related transactions for purposes of Affiliate transfers. 32. Usage. Unless the context clearly requires otherwise: a. the plural and singular numbers shall each be deemed to include the other; the masculine, feminine and neuter genders shall each be deemed to include the others; "shall," "will" or "agrees" are mandatory, and "may" is permissive; b. reference to a Party includes such Party's successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Party or any individual person in a particular capacity excludes such Party or person in any other capacity or individually; c. reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and including, with respect to an agreement, any operating memoranda entered into thereunder; d. reference to any legal requirement means such legal requirement as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder, and reference to any section or other provision of any legal requirement means that provision of such legal requirement from time to time in effect and constituting the substantive amendment, modification, codification, replacement or reenactment of such section or other provision; e. "hereunder," "hereof," "hereto," and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; f. "including" (and with correlative meaning "include") means including without limiting the generality of any description preceding such term; g. "or" is used in the inclusive sense of "and/or"; h. with respect to the determination of any period of time, "from" means "from and including" and "to" means "to but excluding"; and references to documents, instruments or agreements shall be deemed to refer as well to all addenda, exhibits or schedules thereto. 20 MCP Agreement between ACS and City 33. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 34. Counting Days. "Days" shall mean calendar days, not business days, and shall be counted by excluding the first day and including the last day, unless the last day is a Saturday, a Sunday or a legal holiday, and then it shall be excluded. Any act required by this Agreement to be performed by a certain day shall be timely performed if completed before 5:00 p.m. local time on that date. If the day for performance of any obligation under this Agreement is a Saturday, a Sunday or a legal holiday, then the time for performance of that obligation shall be extended to 5:00 p.m. local time on the first following day that is not a Saturday, Sunday or legal holiday. As used in this Section, "legal holiday" means those days observed as holidays by the City of Temecula (excluding floating and half-day holidays) pursuant to Temecula MUNICIPAL CODE Section 2.32.010. 35. Recitals. Each recital set forth at the beginning of this Agreement is incorporated here by reference, as though fully set forth herein, and agreed by the Parties to be true and correct. 36. Third Party Beneficiaries. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in any person. All provisions hereof are for the exclusive benefit of CITY and ACS. No provision hereof shall be construed to benefit or be enforceable by any third party. 37. Counterparts; Duplicate Originals. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. This Agreement may also be executed in duplicate originals for each Party, and each such document shall constitute an original Agreement. 38. Necessary Acts. The Parties shall execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed as follows: [SIGNATURES ON NEXT PAGE] 21 MCP Agreement between ACS and City ABBOTT CARDIOVASCULAR SYSTEMS, CITY OF TEMECULA, a municipal INC. corporation Dated: By: Name: Title: Dated: Ron Roberts, Mayor Dated: ATTEST: By: Dated: Name: Susan W. Jones, MMC Title: City Clerk (Notarial acknowledgements attached.) RECOMMENDED FOR APPROVAL: Dated: Greg Butler Director of Public Works/City Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: Dated: Dated: 22 MCP Agreement between ACS and City Peter M. Thorson City Attorney EXHIBIT "A" APPROVED STREET IMPROVEMENT PLANS FOR MOTOR CAR PARKWAY 1 MCP Agreement between ACS and City 1 4 A 3 • tI 1 .4a b a py gtl a aaee;e 1:41:1 $ :;4! 111 ::41 ult io:: 1111 Al 11 11 031: s %I r jD� q*4a*44 a d • r 9 $Rg''tiR paa� 1 qa q�aFR1 L b 2 tl qA ; g kt�3�$g 4 a �• 4 $ a d; 4 0 �l9a• to ii RNA € 415;t $ a as i1 g S a1.11 1 ge° al Oil 51: V . ••' 5 i li Iii liN li iii Ili Ili 1 Ili 111141111 11 ° kiio Sao a;ill i DI 11 ; loir n 0 R ii li E g�g ag le R l Ilk It zt !a'ii 4 a 4 li t � b{ `gip 8a : !aa1 1 R :41 � If' R 1 � 11 A aIti /1 it pil i 1 1.! i! 4r a R p t gli Pt 49 1 A q I: deg i q q a 4451 1e 4 1 t44 � F ke R A a i a AA b 11 ill R ill A ttt p$ R rii, i1/411 ,;1: R 4 .0 i 11 ih4 i 0 ri 1t i i ii yt tir !Q a� 41 a a 1S e �$ �; 41 41 +� a m® ©mm 11 @ ®@ MOS aB®O©©O II "1" O 4`e1'lti li $4141 11:11111PHlilil tilipi 11! 11 41 Ile" ��a p ia $ ii ad 1 1 j 1 I$ I C i; i R 1 1 kag e 11 1 Iii e� ; ,R e 1 �e40 $!I$g g 1 4 C NI, i^Sgg%%4 e a 4 1 0 a 2 *z .r ppp p p ,2.00 (s® 015>®000000000 1111 11 111 11101111111 x m110111 111 Oa a flat 4i lA iz'oz 9 e t 1 CII ; $ LPA 1J29T•v1 ERAi4,7*-8 2351.71.-k2?Q S ;); h1;1'.1 J004.-=—" rte.-�—•�a�.—•--.—.—..—a ..-•.��rr-.r •^.���•—e-.•—T—t'�i'.r—:J�.S.�Ai-.-.1.te.1T�•""•—�� 1 p -N _ �' -• ins 'n i/.Nwa -NY Vf • I. •.4. 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R a t iAl'4 1 ftil11 Hi t'i A i ! ik O Q � ° i c 1 • 1!!I11) O"Ti l.ii!— 0 �I 1 II 1 1 230211012 tralaYtIti I I i .C•It La FIN Klare t 1 1 1 rt Q 1 4 it $a D 1 11 h 11 11 }R CR 1A r 0 10 1,1 "t ' ss ;$ 11 h 1101 11 11! ti xi aq a to 3 1?,; 4 4 itt ij $ 4 4• A At �� A®©®9®©®®0990 1111111111 101:WNili az ,3141 �WO Illil'Ihit l,O It liplii'94 11H ik '*111111%ti 1 1I 1 ii 1 111 01 11 11 C I ;$q 111011i .iP/ klz,rl:la ts ti .,� b � 1 osece worms r 8 A 4 t 4 B 6 R a�a r W 40 a a g s 8Q a CO (J ® Ell O© 4 ci 'at, t r.I 1,* i • b i d i .,. • R a> . ? IF u !-'' $ ,...p ., .i$. aNYSID 1 IN i71,Vi ..r" .,.....-77.7",--, 4 A /0 Samar IMP. d@ aI, 41 k Ti YVb 11 4 R ° a . R Nit 411 _ J ARK I u.. i ost.t X4'Y Y DV `3A 3...11.0.r11I9O LaAgX JI SW&UV rr O ^JOON -' L ,.,”70, (J ® Ell O© 4 ci 'at, t r.I 1,* is 1 R} 1 .W.rR..m.m.1031111.7 / .VW OW . .,. • R a> . ? IF u !-'' $ ,...p ., .i$. aNYSID i71,Vi 4 99 y� x+11 /0 Samar IMP. Imit' L1 S� fain YVb 11 fill (J ® Ell O© 4 ci 'at, t r.I 1,* mow; R 31 OAD R sI EXHIBIT "B" ESTIMATED COST OF IMPROVEMENTS 1 MCP Agreement between ACS and City Motor Car Parkway Street Project Cost Estimate 05/31/2011 No. Description Quan. Unit Bid $ Item Total misc 1 Mobilisation 1 LS 11000 11000.00 2 soils testing 1 LS 10000 10000.00 3 survey 1 LS 6000 6000.00 4 Traffic control plans, devices & implementation 1 LS 22000 22000.00 Demo subtotal: 49000.00 5 Clearing and grubbing 1 LS 18700 18700.00 6 demo & disposal of median curb 1,800 LF 2.2 3960.00 7 demo & disposal a.c. @5" = 1900 tons 60,650 SF 0.55 33357.50 8 demo & disposal brick pavers ©8"=530 cy 21,650 SF 0.99 21433.50 9 Fxcavation of unclassified subgrade material & haul off to legal dump site 2250 cy 30 67500.00 driveways subtotal: 144951.00 10 d-way - demo grade install pcc & a.c. 12+12.26(nissan) 1 LS 10780 10780.00 11 d-way - demo grade install pcc & a.c, 18+21.33(nissan) 1 LS 13860 13860.00 12 d-way - demo grade install pcc & a.c. 15+96.89(nissan) 1 LS 12210 12210.00 16 d-way - demo grade install pcc & a.c. 13+02.02(DCHstorage) 1 LS 12100 12100.00 17 demo drive & install curb11+80(DCHstorage) 1 LS 1070 1070.00 18 d-way - demo grade install pcc & a.c. 13+01.44(Strip mall) 1 LS 13090 13090.00 19 d-way demo grade & install pcc (Abbott parking garage) 1 LS 6490 6490.00 storm drain subtotal: 69600.00 20 Demo existing catch basins 2 EA 2750 5500.00 21 R&R 18"hdpe w 18" rcp 150 LF 93.5 14025.00 22 Construct new 24"rcp 17 LF 209 3553.00 23 Construct new 18"rcp 46 LF 88 4048.00 24 construct cleanout 1 EA 4950 4950.00 25 construct catch basin 2 EA 5280 10560.00 surface improvements subtotal: 42636.00 26 Demo existing, grade & install 6" curb 620 LF 28.6 17732.00 27 Demo existing, grade & install 6" curb & gutter 1870 LF 32 59840.00 28 Demo existing, grade & install 4" pcc sidewalk 9350 SF 7.15 66852.50 28 Furnish & install 5.5" on 12" CAB (Includes adjustment of Manholes & valves) 72,200 SF 5.06 365332.00 26 Grind & overlay existing asphalt for transition 1,100 SF 2.2 2420.00 30 Finish streetlight @ Ynez (Lekos) Previously contracted through Swinerton 1 LS 16500 16500.00 31 Install street light conduits (poles & bases not included Edison's scope) 1,600 LF 25 40000.00 31 Furnish install signage & striping 1 LS 9350 9350.00 32 Landscape & irrigation repairs _ 1 LS _ 8500 8500.00 subtotal: 586526.50 GEN. CONTR. SUB TOTAL $ 892,713.50 ADD PREVAILING WAGE $ 48,000.00 GENERAL CONTRACTOR TOTAL $ 940,713.50 other costs 33 SWPPP (erosion control, fees and report) 1 LS $ 34,000 $ 34,000 34 Pre -Construction Soils Testing 1 LS $ 10,000 $ 10,000 35 Excel Civil engineering Coordination 1 LS $ 11,200 $ 11,200 36 Program Management/FTS Support 1 LS $ 60,000 $ 60,000 37 Edison Light poles (7) 7 EA $ 3,500 $ 24,500 38 Traffic pole allowance 1 EA $ 20,000 $ 20,000 39 Signal design allowance 1 LS $ 4,000 $ 4,000 40 City As Bulks 1 LS $ 3,000 $ 3,000 41 Landscaping allowance 1 LS $ 11,000 $ 11,000 subtotal: $ 177,700.00 TOTAL COST W/O CONTINGENCY $ 1,118,413.50 CONTINGENCY @ 10% $ 111,841.35 PROJECT GRAND TOTAL $ 1,230,254.85 ASSUMPTIONS: 1. Assumes construction starts before October 1. If not, additional rein delay costs to be factored. 2. Bond fee costs (2%) are about $25,000 (letter of credit is an option) Not Included In cost estimate 3. Assumes Toyota driveways are not replaced as shown on approved plans. 4. Edison light pole costs are estimates ($3,500 per pole) need Edison proposal. 5. Assume current approved permit plans apply (permits expire on 9/24/11) 6. Assume 13 week construction duration 7. Assumes 5 day work week (7 AM till 4 PM) EXHIBIT "C" ALTERNATIVE DISPUTE RESOLUTION The Parties recognize that from time to time a dispute may arise relating to either Party's rights or obligations under this Agreement. The Parties agree that any such dispute shall be resolved by the Alternative Dispute Resolution ("ADR") provisions set forth in this Exhibit, the result of which shall be binding upon the Parties. To begin the ADR process, a Party first must send written notice of the dispute to the other Party for attempted resolution by good faith negotiations between their respective presidents (or their designees) of the affected subsidiaries, divisions, or business units within twenty-eight (28) Days after such notice is received (all references to "Days" in this ADR provision are to calendar Days). If the matter has not been resolved within twenty-eight (28) Days of the notice of dispute, or if the Parties fail to meet within such twenty-eight (28) Days, either Party may initiate an ADR proceeding as provided herein. The Parties shall have the right to be represented by counsel in such a proceeding. 1. To begin an ADR proceeding, a Party shall provide written notice to the other Party of the issues to be resolved by ADR. Within fourteen (14) Days after its receipt of such notice, the other Party may, by written notice to the Party initiating the ADR, add additional issues to be resolved within the same ADR. 2. Within twenty-one (21) Days following the initiation of the ADR proceeding, the Parties shall select a mutually acceptable independent, impartial and conflicts -free neutral to preside in the resolution of any disputes in this ADR proceeding. If the Parties are unable to agree on a mutually acceptable neutral within such period, each Party will select one independent, impartial and conflicts -free neutral and those two neutrals will select a third independent, impartial and conflicts -free neutral within ten (10) Days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either Party, its subsidiaries or affiliates. 3. No earlier than twenty-eight (28) Days or later than fifty-six (56) Days after selection, the neutral(s) shall hold a hearing to resolve each of the issues identified by the Parties. The ADR proceeding shall take place at a location agreed upon by the Parties. If the Parties cannot agree, the neutral(s) shall designate a location other than the principal place of business of either Party or any of their subsidiaries or affiliates. 4. At least seven (7) Days prior to the hearing, each Party shall submit the following to the other Party and the neutral(s): (a) a copy of all exhibits on which such Party intends to rely in any oral or written presentation to the neutral; (b) a list of any witnesses such Party intends to call at the hearing, and a short summary of the anticipated testimony of each witness; (c) a proposed ruling on each issue to be resolved, together with a request for a specific damage award or other remedy for each issue. The proposed rulings and 1 MCP Agreement between ACS and City remedies shall not contain any recitation of the facts or any legal arguments and shall not exceed one (1) page per issue. The Parties agree that neither side shall seek as part of its remedy any punitive damages. (d) a brief in support of such Party's proposed rulings and remedies, provided that the brief shall not exceed twenty (20) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding. Except as expressly set forth in subparagraphs 4(a) - 4(d), no discovery shall be required or permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents. 5. The hearing shall be conducted on two (2) consecutive Days and shall be governed by the following rules: (a) Each Party shall be entitled to five (5) hours of hearing time to present its case. The neutral shall determine whether each Party has had the five (5) hours to which it is entitled. (b) Each Party shall be entitled, but not required, to make an opening statement, to present regular and rebuttal testimony, documents or other evidence, to cross-examine witnesses, and to make a closing argument. Cross-examination of witnesses shall occur immediately after their direct testimony, and cross-examination time shall be charged against the Party conducting the cross-examination. (c) The Party initiating the ADR shall begin the hearing and, if it chooses to make an opening statement, shall address not only issues it raised but also any issues raised by the responding Party. The responding Party, if it chooses to make an opening statement, also shall address all issues raised in the ADR. Thereafter, the presentation of regular and rebuttal testimony and documents, other evidence, and closing arguments shall proceed in the same sequence. (d) Except when testifying, witnesses shall be excluded from the hearing until closing arguments. (e) Settlement negotiations, including any statements made therein, shall not be admissible under any circumstances. Affidavits prepared for purposes of the ADR hearing also shall not be admissible. As to all other matters, the neutral(s) shall have sole discretion regarding the admissibility of any evidence. 6. Within seven (7) Days following completion of the hearing, each Party may submit to the other Party and the neutral(s) a post -hearing brief in support of its proposed rulings and remedies, provided that such brief shall not contain or discuss any new evidence and shall not exceed ten (10) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding. 7. The neutral(s) shall rule on each disputed issue within fourteen (14) Days following completion of the hearing. Such ruling shall adopt in its entirety the proposed ruling and remedy of one of the Parties on each disputed issue but may adopt one Party's proposed rulings and remedies on some issues and the other Party's proposed rulings and remedies on 2 MCP Agreement between ACS and City other issues. The neutral(s) shall not issue any written opinion or otherwise explain the basis of the ruling. 8. The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing Party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows: (a) If the neutral(s) rule(s) in favor of one Party on all disputed issues in the ADR, the losing Party shall pay 100% of such fees and expenses. (b) • If the neutral(s) rule(s) in favor of one Party on some issues and the other Party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the Parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the Party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses. 9. The rulings of the neutral(s) and the allocation of fees and expenses shall be binding, non -reviewable, and non -appealable, and may be entered as a final judgment in any court having jurisdiction. 10. Except as provided in paragraph 9 or as required by law, the existence of the dispute, any settlement negotiations, the ADR hearing, any submissions (including exhibits, testimony, proposed rulings, and briefs), and the rulings shall be deemed confidential information. The neutral(s) shall have the authority to impose sanctions for unauthorized disclosure of confidential information. 11. All ADR hearings shall be conducted in the English language. 3 MCP Agreement between ACS and City EXHIBIT "B" ASSOCIATION CONVEYANCE DOCUMENT MCP Agreement between the City and Association RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel No. 921-680-003, 004, 008, 012, 013. 015, 017, 021 & 023 Project No. [X] Portion This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). QUITCLAIM DEED Rancho Temecula Auto Park Association, a California non-profit mutual benefit corporation; Atwood & Andrews Development, a California General Partnership; DCH Investments Inc., a California corporation; Solanez Investment LP, a California Limited Partnership; Gordon Holdings, LP, a California limited partnership; Advanced Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc., a California corporation; and Vitners Distributors, Inc., a California corporation, each hereby quitclaims, releases and remises to the City of Temecula, a California municipal corporation and to the Respective Fee Owner as defined below, all right, title, and interest each has over, under, across, and upon that real property located in the City of Temecula, County of Riverside, State of California, more particularly described in Exhibit "A" (legal description) and shown on Exhibit "B" (plat map) that are attached hereto and incorporated herein by this reference. As used herein, "Respective Fee Owner" shall mean; Abbott Cardiovascular Systems as to Lots "A" and "B", Atwood & Andrews Development as to Lot "C", DCH Investments as to Lot "D", Solanez Investment LP, as to Lots "E" and "F" and Gordon Holdings, LP, as to Lot "G". IN WITNESS WHEREOF, the undersigned has executed this instrument on , 2011. GRANTORS: Rancho Temecula Auto Park Association, a California non-profit mutual benefit corporation By Its By Its Atwood & Andrews Development, a California General Partnership By Its By Its DCH Investments Inc., a California corporation By Its By Its Solanez Investment LP, a California Limited Partnership By Its By Its Gordon Holdings, LP, a California limited partnership By Its By Its Advanced Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc., a California Corporation By Its By Its Vitners Distributors, Inc., a California corporation By Its By Its ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY Date 6/29/09 Sheet 1 of 6 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM OF PRIVATE ROAD AND UTILITIES EASEMENT LOT "A" THAT PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT GRANTED ON PARCEL MAP NO. 23354, RECORDED 1N BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA06-0151, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT NOTICE OF LOT LINE ADJUSTMENT RECORDED ON JULY 11, 2006, AS DOCUMENT NO. 2006-0503753, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL "A" AS SHOWN ON SAID DOCUMENT NO. 2006-0503753; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 79°47'15" EAST A DISTANCE OF 17.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THAT 17.00 FOOT WIDE EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES THAT WAS GRANTED TO THE CITY OF TEMECULA BY THAT DEED RECORDED ON FEBRUARY 9, 1993, AS INSTRUMENT NO. 50718, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE, NORTH 10°12'45" WEST A DISTANCE OF 43.00 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 55°12'45" EAST A DISTANCE OF 18.39 FEET TO A POINT ON THE NORTHERLY 30 FOOT LINE OF SAID 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT; THENCE ALONG SAID NORTHERLY LINE, NORTH 79°47'15" EAST A DISTANCE OF 281.16 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°15'54", AN ARC LENGTH OF 28.16 FEET TO THE BEGINNING OF A 55.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 42°28'39" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113°04'20", AN ARC LENGTH OF 108.54 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "A"; Date 6/29/09 Sheet 2 of 6 THENCE ALONG SAID SOUTHERLY LINE, SOUTH 79°47'15" WEST A DISTANCE OF 404.51 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT CONTAINS 12,948 SQUARE FEET, MORE OR LESS. LOT "B" THAT PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT GRANTED ON PARCEL MAP NO. 23354, RECORDED 1N BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN PARCEL "B" OF LOT LINE ADJUSTMENT NO. PA06-0151, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT NOTICE OF LOT LINE ADJUSTMENT RECORDED ON JULY 11, 2006, AS DOCUMENT NO. 2006-0503753, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL "B" AS SHOWN ON SAID DOCUMENT NO. 2006-0503753; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "B", NORTH 10°12'45" WEST A DISTANCE OF 152.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL "B"; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL "B", NORTH 79°47'15" EAST A DISTANCE OF 45.51 FEET TO A POINT ON A NON -TANGENT 55.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 70°35'41" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°27'28", AN ARC LENGTH OF 39.80 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS REVERSE CURVE, A RADIAL TO SAID POINT BEARS NORTH 67°56'51" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°15'54", AN ARC LENGTH OF 28.16 FEET TO A POINT ON THE EASTERLY 30 FOOT LINE OF SAID 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT; THENCE ALONG SAID EASTERLY LINE, SOUTH 10°12'45" EAST A DISTANCE OF 87.16 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "B"; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 79°47'15" WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. Date 6/29/09 Sheet 3 of 6 SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT CONTAINS 5,162 SQUARE FEET, MORE OR LESS. LOT "C" THAT PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT GRANTED ON PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 30.00 FEET OF PARCEL 3 OF SAID PARCEL MAP NO. 23354. SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT CONTAINS 11,310 SQUARE FEET, MORE OR LESS. LOT "D" THAT PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT GRANTED ON PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 4 OF SAID PARCEL MAP 23354; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 79°47'15" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY 30 FOOT LINE OF SAID 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT; THENCE ALONG SAID EASTERLY LINE, SOUTH 10°12'45" EAST A DISTANCE OF 307.69 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 57°31'06" EAST A DISTANCE OF 45.42 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SOLANA WAY (50 FOOT HALF -WIDTH); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 75°10'34" WEST A DISTANCE OF 63.59 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID WESTERLY LINE OF PARCEL 4, NORTH 10°12'45" WEST A DISTANCE OF 343.60 FEET TO THE POINT OF BEGINNING. Date 6/29/09 Sheet 4 of 6 SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT CONTAINS 10,831 SQUARE FEET, MORE OR LESS. LOT "E" THAT PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT GRANTED ON PARCEL MAP NO. 23354, RECORDED IN BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA96-0037, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT NOTICE OF LOT LINE ADJUSTMENT RECORDED ON JUNE 3, 1996, AS DOCUMENT NO. 1996-204074, SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A", SOUTH 10°12'45" EAST A DISTANCE OF 251.60 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF PARCEL "A" AND THE NORTHERLY RIGHT-OF-WAY OF SOLANA WAY (50.00 FOOT HALF -WIDTH); THENCE LEAVING SAID EASTERLY LINE OF PARCEL "A" ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 75°10'34" WEST A DISTANCE OF 56.81 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 32°28'55" EAST A DISTANCE OF 39.26 FEET TO A POINT ON THE WESTERLY 30 FOOT LINE OF SAID 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT; THENCE ALONG SAID WESTERLY LINE, NORTH 10°12'45" WEST A DISTANCE OF 227.31 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SMD NORTHERLY LINE, NORTH 79°47'15" EAST A DISTANCE OF 30.00 FEET TO THE TO THE POINT OF BEGINNING. SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT CONTAINS 7,940 SQUARE FEET, MORE OR LESS. LOT "F" THAT PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT GRANTED ON PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Date 6/29/09 Sheet 5 of 6 THE EASTERLY 30.00 FEET OF PARCEL 8 OF SAID PARCEL MAP NO. 23354. SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT CONTAINS 7,080 SQUARE FEET, MORE OR LESS. LOT "G" THAT PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT GRANTED ON PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 9 OF SAID PARCEL MAP 23354; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 9, SOUTH 79°47'15" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY 30 FOOT LINE OF SAID 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT; THENCE ALONG SAID WESTERLY LINE, NORTH 10°12'45" WEST A DISTANCE OF 313.00 FEET TO THE BEGINNING OF A 42.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AND ARC LENGTH OF 65.97 FEET TO A POINT ON THE SOUTHERLY 30 FOOT LINE OF SAID 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 79°47'15" WEST A DISTANCE OF 274.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 34°47'15" WEST A DISTANCE OF 18.39 FEET TO A POINT ON THE EASTERLY LINE OF THAT 17.00 FOOT WIDE EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES THAT WAS GRANTED TO THE CITY OF TEMECULA BY THAT DEED RECORDED ON FEBRUARY 9, 1993, AS INSTRUMENT NO. 50278, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID EASTERLY LINE, NORTH 10°12'45" WEST A DISTANCE OF 43.00 FEET TO THE INTERSECTION OF SAID EASTERLY LINE AND THE NORTHERLY LINE OF SAID PARCEL 9; THENCE ALONG SAID NORTHERLY LINE, NORTH 79°47'15" EAST A DISTANCE OF 359.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 9; Date 6/29/09 Sheet 6 of 6 THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 9, SOUTH 10°12'45" EAST A DISTANCE OF 385.00 FEET TO THE POINT OF BEGINNING. SAID PORTION OF THE 60 FOOT PRIVATE ROAD AND UTILITIES EASEMENT CONTAINS 22,759 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "B" 1,10/N/1Y ANAP LOT "A" SEE SHEET 2 PARCEL A APN921-680-02,3 LOT "G" SEE SHEET 8 APN:221-680-01,3 p SCALE 1'1=120' Michael D. Levin EL 554 7446 LOT "F" SEE SHEET 7 .SHEET 1 ac 8 SHEETS LLA PAO6-OA61 DIV. O. 2006-0 503753 REC. 7-U-06 6 O.R. APN:921-680-008 LLA *PA96-0037 MI. MO. W96-204074 R EC. 6-3-96 O.R. PARCEL Q APN921-680-015 LOT "E" SEE SHEET 6 EXCEL ENGIAEERIK 440 STATE PLACE ESCIR1)12Y1, CA . %Q89 MOW (760) 745-8118 0 120 240 PARCEL APN.•921-680-021 LOT "B" SEE SHEET 3 LOT "C" SEE SHEET 4 pOd5 APN:921-680-00.3 LOT"D" SEE SHEET 5 pOL4 APN:921-680-004 s A WAY ,00 Of 5572'45"E 18J9' N7947157" 281.16' N1072'45"!Y 4,3. N79 47'15'E 17.00' 57947'15-W 404.51' SCALE 1'1=60' UA �VO S/EFT .i OF 8 SHE£75 11511 37 6 N79'47'157- \ N70 35'41 "EZ) 4551' - MOTOR LOT SCALE 1'1=40' • 4=412728" R=5500' L =.39.80' j/675651Iffe 4=.327554" R=50.00' L =2816' PO/NT OF BEG/NN/NG 60' PR/VA 7E ROAD AND U77L/77ES EASEMENT GRANTED PER PM 21154, BA' 152, PG 74-76 EXCEL ENGIAfTRING 440 S7AT£ PLACE £SCQ1/DZPI2 CA 92O'9 PHONE (760) 745-8118 0 40 80 .7)%'N's----- 579'47'15W J0 00' PARea PARKWA Y S'/EET 4 OF 8 SJYEEN 60' PR/NATE ROAD AND UT/L/TIES EASEMENT GRANTED PER PM 2,3354, SK 152, PG 74-76 LOT ,30.00' Pa 3 BEd MN? 23354 MR. oG 74 -76 EXCEL £N6IACERIA6 440 STATE PLACE ESCONDIDO, CA 98029 HOE (760) 745-8118 0 60 120 SCALE 1"=60' SCALE l''=60' 60' PR/VA TE ROAD AND UAL/AES EASEMENT GRANTED PER PM 23354, BK 152, PG 74-76' EXCEL ENCIACERIMS 440 STATE PLACE ESCL7YDIDLZ CA 9209 PAM (760) 745-8118 0 60 120 SWEET 5 Gig' 8 ,WEETS N7947'15"E 30.00' S1012'45r J0769' PO/NT OF BEG/NN/NG C EL app 25354 ppMM�15 / QG 11 116 oW 30.00' SOLANA 6359" 57570'34W LOT V" 557:3106 "E 4542' WAY � I N79 47'15"E x.,30.00' PO/NT OF BEG/NN/NG SCALE 7"=40' 60' PR/VATS ROAD AND 1/7IL/11ES EASEMENT CRAVED PER PM 23354, 81( 152, PG 74-76 �d p kliff\ N96' iNs ° No. '99 EXCEL ENCIAC£RIA6 440 STATE PLACE (seamy, CA 92089 Pine (760) 745--8118 0 40 80 2O0 O. J0.00' 5107745-E 251.60' S /SET 6 Cr 8 SLEETS PARKWA Y LOT "E" • • • 56.81' 57570'.34 "W SOLANA WAY 60' PR/VAT ROAD AND UTIL/l1ES EASEMENT CRANED PER PM 2,1,354, 81( 152, P6 74-76 PO SCALE 7"=.40' Pa 8 aapp 2"54 15 PG 1446 LOT 'F" J000' £XC£L ENGI/E R.1W 440 STATE PLACE £SCD1II1JAZ CA 52029 PIDIE (7668) 745-8118 0 40 80 S//EFT 7 ar 8 SHEEN PARKWAY ,•4- SHEET 8 CF 8 5%275 MOTOR1 N79 4715"E 359.00' 579'47'151f 274.00' 534'47'151V 18.39' 60' PR/NATE ROAD AND U77L/11ES EASEMENT GRANTED PER PM 23354, B/( 152, PG 74-76 17.00' GRANT OF EASEMENT PER 00C. N0. 50278 REC. 2/9/93 MA? 23354 PARCEL SCALE r=60' EXCEL EN6IACERIMS 440 STATE PLACE Escawysa CA 98089 Mar (760) 745-8118 0 60 720 CAR A=.90'00'00" R=42.00' L=6597' LOT "G" N1072451W .313.00 30.00' A V DIEVd S79 47'15"W 3000' PO/NT OF BEG/NN/NG EXHIBIT "C" MEMBER CONVEYANCE DOCUMENTS MCP Agreement between the City and Association RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel Nos. 921-680-021 & 921-680-023 [X] Portion Documentary Transfer Tax $0.00 This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). DEDICATION OF EASEMENT FOR PUBLIC STREET PURPOSES The undersigned GRANTOR, being the present record owner of fee title in the herein described real property, hereby dedicates to the CITY OF TEMECULA, a political subdivision of the State of California, an easement for public street and utility purposes over, under, across, and upon that real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" (legal description) and shown on Exhibit "B" (plat map) that are attached hereto and incorporated herein by this reference as though set forth in full. It is understood and agreed that the CITY OF TEMECULA shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly - maintained street system. It is further understood and agreed that, as a condition of the dedication of said easement for public street and utility purposes, City agrees, by accepting said dedication of easement, that no existing structure, onsite parking or use shall be considered nonconforming as a result of the dedication of said easement to the City, and that all such structures, parking and uses shall be considered conforming as to setback requirements consistent with paragraph 10 of Exhibit "H" to the Development Agreement between the City of Temecula and Advanced Cardiovascular Systems; Inc. recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. The City may require any new buildings, on-site parking or use to comply with its applicable setback requirements. -1- 11086-01 l 0\ 1362307v 1. doc The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has executed this instrument on , 2011. GRANTOR: Advanced Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc., a California Corporation By Its By Its -2- 11086-0110 \ 1362307v1.doc 2- 11086-01I011362307v1.doc ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086-0110\1362307v1.doc CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CONSENT TO RECORDATION AND ACCEPTANCE OF DEDICATION This is to certify that the interests in real property, as set forth in the attached Dedication of Easement for Public Street and Utility Purposes, are hereby accepted by the CITY OF TEMECULA and that the recordation of said document is consented to by order of the Director of Public Works/City Engineer Greg Butler, on behalf of the City of Temecula, pursuant to the authority conferred to him by City Council Resolution No. 03-165 on November 18, 2003, with the understanding that the City of Temecula shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly -maintained street system. Dated: , 2011 CITY OF TEMECULA By: Greg Butler Director of Public Works/City Engineer ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -4- 11086-011011362307v1.doc • 1 Date 6/29/09 Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION ABBOTT CARDIOVASCULAR SYSTEMS, INC. LOT "A" THAT PORTION OF PARCELS "A" AND "B" OF LOT LINE ADJUSTMENT NO. PA06-0151, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT NOTICE OF LOT LINE ADJUSTMENT RECORDED ON JULY II, 2006, AS DOCUMENT NO. 2006-0503753, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCELS "A" AND "B" BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL "A" AS SHOWN ON SAID DOCUMENT NO. 2006-0503753; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 79°47'15" EAST A DISTANCE OF 17.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THAT 17.00 FOOT WIDE EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES THAT WAS GRANTED TO THE CITY OF TEMECULA BY THAT DEED RECORDED ON FEBRUARY 9, 1993, AS INSTRUMENT NO. 50718, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE, NORTH 10°12'45" WEST A DISTANCE OF 72.00 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 56°09'06" EAST A DISTANCE OF 43.14 FEET TO A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, NORTHERLY OF THE SOUTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID PARALLEL LINE, NORTH 79°47'15" EAST A DISTANCE OF 370,00 FEET TO A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF THE WESTERLY LINE OF SAID PARCEL "B"; THENCE ALONG SAID PARALLEL LINE, SOUTH 10°12'45" EAST A DISTANCE OF 194.00 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "B"; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 79°47'15" WEST A DISTANCE OF 42.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL "B"; • • Date 6/29/09 Sheet 2 of 2 THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ''B", NORTH 10°12'45" WEST A DISTANCE OF 152.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL "B". SAID POINT LYING ON THE SOUTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID SOUTHERLY LINE OF PARCEL "A", SOUTH 79°47'15" WEST A DISTANCE OF 359.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION OF PARCELS "A" AND "B" CONTAINS 23,691 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "B" JCIWIYM40 PARCH A APIC 921-680-02J .SBFT 1 Or 1 SlirE7Y LLA sPA06-0151 INST. R10. 2006-0503753 REC. 7-11-06 O.R. L 4 sir LOT SHEET 2 ?Ck•9 APN:921-680-01J 233 5� @ N�CE` PO 14-16 SCALE 1'1=120' PARCEL APN:921-680-021 I , I I I , 1 , 1 , %o I 1y 1 10 I PClz APN.•921-6B0-0018 LLA sPA96-0037 INST. NO. 1996-204074 REC. 6.3-96 O.R. PARCEL A APN:921-680-015 E.YL£1 and E ehio- 410 STA Ir BALE aCIA 1Z1a el Sic'C9 ASO( (7Sd) 715-8118 0 120 240 s ?C. 3 APN• 921-680-00J ?Cl- AP/V: .921-680-004 CtAPN:921-680-004 WAY RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel No. 921-680-003 [X] Portion Documentary Transfer Tax $0.00 This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). DEDICATION OF EASEMENT FOR PUBLIC STREET PURPOSES The undersigned GRANTOR, being the present record owner of fee title in the herein described real property, hereby dedicates to the CITY OF TEMECULA, a political subdivision of the State of California, an easement for public street and utility purposes over, under, across, and upon that real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" (legal description) and shown on Exhibit "B" (plat map) that are attached hereto and incorporated herein by this reference as though set forth in full. It is understood and agreed that the CITY OF TEMECULA shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly - maintained street system. It is further understood and agreed that, as a condition of the dedication of said easement for public street and utility purposes, City agrees, by accepting said dedication of easement, that no existing structure, onsite parking or use shall be considered nonconforming as a result of the dedication of said easement to the City, and that all such structures, parking and uses shall be considered conforming as to setback requirements consistent with paragraph 10 of Exhibit "H" to the Development Agreement between the City of Temecula and Advanced Cardiovascular Systems, Inc. recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. The City may require any new buildings, on-site parking or use to comply with its applicable setback requirements. -1- 11086-011011362302v1.doc The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has executed this instrument on , 2011. GRANTOR: Atwood & Andrews Development, a California General Partnership By Its By Its -2- 11086-011011362302v1.dac ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086-0110 \1362302v1 doc CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CONSENT TO RECORDATION AND ACCEPTANCE OF DEDICATION This is to certify that the interests in real property, as set forth in the attached Dedication of Easement for Public Street and Utility Purposes, are hereby accepted by the CITY OF TEMECULA and that the recordation of said document is consented to by order of the Director of Public Works/City Engineer Greg Butler, on behalf of the City of Temecula, pursuant to the authority conferred to him by City Council Resolution No. 03-165 on November 18, 2003, with the understanding that the City of Temecula shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly -maintained street system. Dated: , 2011 CITY OF TEMECULA By: Greg Butler Director of Public Works/City Engineer ATTEST: By: Susan W. Jones, MMC City CIerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -4- 11086-011011362302v1.doc Date 6/29109 Sheet I of I EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION ATWOOD & ANDREWS DEVELOPMENT LOT "A" THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 3 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 42.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID PARCEL 3 OF PARCEL MAP NO. 23354. SAID PORTION OF PARCEL 3 CONTAINS 15,834 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "6" F•fif7Y MAP PARCEL A APIC• 921-680-02J SHEET! a'2 SHEE73' LLA #PA06-0151 INST. NO. 2006-0503753 REC. 7-11-06 O.R. PARCEL 3 APN.•921-680-021 LOT A' SEE SHEET 2 ACL 9 ARV.. 921-680-019 iG 1 A-1 6 SCALE 1.-120' 3 APN.•921-680-009 , a 1 ?CY LLA #PA96-0037 % APN.•921-680-00! INST. NO. 1996-204074 REC. 6-3-96 O.R. PARCEL A ARA!. 921-680-015 ESM D rillif 7?_I C; M STATE PtALlr (XII= CA 9211-19 PIOT (76d) 715-8118 0 120 240 WAY 1 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel No. 921-680-004 [X] Portion Documentary Transfer Tax $0.00 This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). DEDICATION OF EASEMENT FOR PUBLIC STREET PURPOSES The undersigned GRANTOR, being the present record owner of fee title in the herein described real property, hereby dedicates to the CITY OF TEMECULA, a political subdivision of the State of California, an easement for public street and utility purposes over, under, across, and upon that real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" (legal description) and shown on Exhibit "B" (plat map) that are attached hereto and incorporated herein by this reference as though set forth in full. It is understood and agreed that the CITY OF TEMECULA shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly - maintained street system. It is further understood and agreed that, as a condition of the dedication of said easement for public street and utility purposes, City agrees, by accepting said dedication of easement, that no existing structure, onsite parking or use shall be considered nonconforming as a result of the dedication of said easement to the City, and that all such structures, parking and uses shall be considered conforming as to setback requirements consistent with paragraph 10 of Exhibit "H" to the Development Agreement between the City of Temecula and Advanced Cardiovascular Systems, Inc. recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. The City may require any new buildings, on-site parking or use to comply with its applicable setback requirements. -1- 11086-0110\1362300v1.doc The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has executed this instrument on , 2011. GRANTOR: DCH Investments Inc., a California corporation By Its By Its -2- 11086-0110\1362300v 2- 11086-01I0\1362300v I .doe ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086-011011362300v1.doc CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CONSENT TO RECORDATION AND ACCEPTANCE OF DEDICATION This is to certify that the interests in real property, as set forth in the attached Dedication of Easement for Public Street and Utility Purposes, are hereby accepted by the CITY OF TEMECULA and that the recordation of said document is consented to by order of the Director of Public Works/City Engineer Greg Butler, on behalf of the City of Temecula, pursuant to the authority conferred to him by City Council Resolution No. 03-165 on November 18, 2003, with the understanding that the City of Temecula shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly -maintained street system. Dated: , 2011 CITY OF TEMECULA By: Greg Butler Director of Public Works/City Engineer ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -4- 11086.011011362300v1.doc et • Date 6%29/09 Sheet 1 of l EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION DCH INVESTMENTS INC. LOT "A" THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 4 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 4 OF PARCEL MAP 23354; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 79°47' 15" EAST A DISTANCE OF 42.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID PARALLEL LINE, SOUTH 10°12'45" EAST A DISTANCE OF 307.70 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 57°31'05" EAST A DISTANCE OF 44.10 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SOLANA WAY (50.00 FOOT HALF -WIDTH); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 75°10'34" WEST A DISTANCE OF 74.65 FEET TO A POINT ON SAID WESTERLY LINE OF PARCEL 4; THENCE ALONG SAID WESTERLY LINE OF PARCEL 4, NORTH 10°12'45" WEST A DISTANCE OF 343.60 FEET TO THE POINT OF BEGINNING. SAID PORTION OF PARCEL 4 CONTAINS 14,887 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "8" 110WTY PARCEL A APW 921-680-02.1 .57/EET / L7 2.9'f 75. LLA sPAO6-0151 NST. NO. 2006-0503753 REC. 7-11-06 O.R. ?c'9 APIC 921-680-01J N? 2.3Z54? Oa. c� 7 �'7 b SI.152.1 P SCALE 1"----120" it PARCEL ARM 921-680-021 , tit PCt.3 APN.•921-680-OO.1 APN.•921-680-008 LLA sPA96.0037 INST. NO. 1996.204074 REC. 6-3-96 O.R. PARCEL A APIC• 921-680-015 Dra E 110 STAIF / ,4 £. ZPIMIZIAZ CA 110789 A'OIEQ )73-9118 emalm 1111. 0 120 240 LOT A" SEE SHEET 2 ?Ct. 4 APN.• 921-680-00l $ A WAY SCALE 1°=-60" DOSZIELeDe 140 STATE PLACE' CA ROE 47601 714-9118 0 60 /20 SLEET 2 AT 2 9' 7S N79 47'15 £ 4200' PANT OF BEG/NANO o O ?CL 4 CE!. Mg) 23354 ` P MICE!. 152 / PG 74-76 0 4200' LOT A" 3.57J1''05f 44.10' SOLANA 74.65' 57570:1419 Yg RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel No. 921-680-013 [X] Portion Documentary Transfer Tax $0.00 This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). DEDICATION OF EASEMENT FOR PUBLIC STREET PURPOSES The undersigned GRANTOR, being the present record owner of fee title in the herein described real property, hereby dedicates to the CITY OF TEMECULA, a political subdivision of the State of California, an easement for public street and utility purposes over, under, across, and upon that real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" (legal description) and shown on Exhibit "B" (plat map) that are attached hereto and incorporated herein by this reference as though set forth in full. It is understood and agreed that the CITY OF TEMECULA shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly - maintained street system. It is further understood and agreed that, as a condition of the dedication of said easement for public street and utility purposes, City agrees, by accepting said dedication of easement, that no existing structure, onsite parking or use shall be considered nonconforming as a result of the dedication of said easement to the City, and that all such structures, parking and uses shall be considered conforming as to setback requirements consistent with paragraph 10 of Exhibit "H" to the Development Agreement between the City of Temecula and Advanced Cardiovascular Systems, Inc. recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. The City may require any new buildings, on-site parking or use to comply with its applicable setback requirements. -1- 11086-0110\1362293v 1.doc The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, the GRANTOR has executed this instrument on , 2011. GRANTOR: Gordon Holdings, LP, a California Limited partnership By Its By Its -2- 11086.011011362293v1.doc ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086-0110\1362293v 1.doc CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CONSENT TO RECORDATION AND ACCEPTANCE OF DEDICATION This is to certify that the interests in real property, as set forth in the attached Dedication of Easement for Public Street and Utility Purposes, are hereby accepted by the CITY OF TEMECULA and that the recordation of said document is consented to by order of the Director of Public Works/City Engineer Greg Butler on behalf of the City of Temecula, pursuant to the authority conferred to him by City Council Resolution No. 03-165 on November 18, 2003, with the understanding that the City of Temecula shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly -maintained street system. Dated: , 2011 CITY OF TEMECULA By: Greg Butler Director of Public Works/City Engineer ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -4- 11086-0110\ 1362293v 1.doo • 1 Date 6/29/09 Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION GORDON HOLDINGS, LP LOT "A" THAT PORTION OF PARCEL 9 OF PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 9 OF PARCEL MAP 23354; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 9, SOUTH 79°47'15" WEST A DISTANCE OF 42.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, WESTERLY OF THE EASTERLY LINE OF SAID PARCEL 9; THENCE ALONG SAID PARALLEL LINE, NORTH 10°12'45" WEST A DISTANCE OF 320.00 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 55°12'45" WEST A DISTANCE OF 32.53 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, SOUTHERLY OF THE NORTHERLY LINE OF SAID PARCEL 9; THENCE ALONG SAID PARALLEL LINE, SOUTH 79°47'15" WEST A DISTANCE OF 263.00 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 35°43'36" WEST A DISTANCE OF 43.I4 FEET TO A POINT ON THE EASTERLY LINE OF THAT I7.00 FOOT WIDE EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES THAT WAS GRANTED TO THE CITY OF TEMECULA BY THAT DEED RECORDED ON FEBRUARY 9, 1993, AS INSTRUMENT NO. 50728, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID EASTERLY LINE, NORTH 10°12'45" WEST A DISTANCE OF 72.00 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF A 17.00 FOOT WIDE STRIP OF LAND AND THE NORTHERLY LINE OF SAID PARCEL 9; THENCE ALONG SAID NORTHERLY LINE, NORTH 79°47'15" EAST A DISTANCE OF 359.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 9; • • Date 6/29/09 Sheet 2 of 2 THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 9, SOUTH I0°12'45" EAST A DISTANCE OF 385.00 FEET TO THE POINT OF BEGINNING. SAID PORTION OF PARCEL 9 CONTAINS 30,214 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "B" iforrow PARCEL A AA!: 921-68023 LOTH 2T-WITT2 PCL 9 APN:921-680-01.7 ?Oat. �t. 14/p 23354 G 1 �-1b VI( 152 I P SCALE 1"--=120" MET 1 (3r 2 S1EE1s LLA sPAO6.0151 INST. NO. 2006-0503753 REC. 7-11-06 O.R. PARCEL 13 APN:921-6619-01J PCL 3 APN:911-680-OOJ Pc'. 5 APN:921-68 -008 LLA sPA96-0037 INST. NO. 1996-204074 REC. 6-3-96 O.R. PARCEL A APN:921-680-015 Ora LW 140 STAID- RACE (saw= CA SEIV99 0 /20 240 PCL 4 APN:921-680-004 SoLAN A WAY • • • g MOTOR %7 S 'x&71 Or 1.9Y2 1S N79'471.52- .159.00' CAR S79 47'15')1' 26.1X' 5.55 ' 4114' N5572'4510' J2.1.7' GRANT Of EASEMENT PER 00C NO 50728 REG 2/94993 SCALE 1"60' afillEERAG am arm= cA sees, Aar 713-8118 0 60 120 PC. 9 D6C 152 / PG 74-76 LOT :1- 42O0' S79471519 4200' POf'NT Or BEG✓NN/NO RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel Nos. 921-680-008 & 921-680-015 [X] Portion This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). DEDICATION OF EASEMENT FOR PUBLIC STREET PURPOSES The undersigned GRANTOR, being the present record owner of fee title in the herein described real property, hereby dedicates to the CITY OF TEMECULA, a political subdivision of the State of California, an easement for public street and utility purposes over, under, across, and upon that real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" (legal description) and shown on Exhibit "B" (plat map) that are attached hereto and incorporated herein by this reference as though set forth in full. It is understood and agreed that the CITY OF TEMECULA shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into .the publicly -maintained street system. It is further understood and agreed that, as a condition of the dedication of said easement for public street and utility purposes, City agrees, by accepting said dedication of easement, that no existing structure, on-site parking or use shall be considered nonconforming as a result of the dedication of said easement to the City, and that all such structures, parking and uses shall be considered conforming as to setback requirements consistent with paragraph 10 of Exhibit "H" to the Development Agreement between the City of Temecula and Advanced Cardiovascular Systems, Inc. recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. The City may require any new buildings, on-site parking or use to comply with its applicable setback requirements. -1- 11086-0110\1362291 v 1.doc GRANTOR: Solanez Investment LP, a California Limited Partnership By Its By Its -2- 11086.011011362291 v 1.doc ACKNOWLEDGMENT STATE OF ) COUNTY OF ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY ACKNOWLEDGMENT STATE OF ) COUNTY OF ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 1 1 086-0 1 1 011 3 6229 1 v 1.doc CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CONSENT TO RECORDATION AND ACCEPTANCE OF DEDICATION This is to certify that the interests in real property, as set forth in the attached Dedication of Easement for Public Street and Utility Purposes, are hereby accepted by the CITY OF TEMECULA and that the recordation of said document is consented to by order of the Director of Public Works/City Engineer Greg Butler, on behalf of the City of Temecula, pursuant to the authority conferred to him by City Council Resolution No. 03-165 on November 18, 2003, with the understanding that the City of Temecula shall neither incur any liability nor assume any responsibility for the real property or any improvements thereon or therein until the City Council, or its designated agent, has accepted such improvements into the publicly -maintained street system. Dated: 11086-011011362291v1.doc , 2011 CITY OF TEMECULA By: Greg Butler Director of Public Works/City Engineer ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -4- • • Date 6/29/09 . Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION SOLANEZ INVESTMENT, LP LOT "A" THAT PORTION OF PARCEL 8 OF PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK I52 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 8 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 42.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID PARCEL 8 OF PARCEL MAP NO. 23354. SAID PORTION OF PARCEL 8 CONTAINS 9,912 SQUARE FEET, MORE OR LESS. LOT "B" THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA96-0037, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT NOTICE OF LOT LINE ADJUSTMENT RECORDED ON JUNE 3, 1996, AS DOCUMENT NO. 1996-204074, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL "A" BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A", SOUTH 10°12'45" EAST A DISTANCE OF 251.60 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF PARCEL "A" AND THE NORTHERLY RIGHT-OF-WAY OF SOLANA WAY (50.00 FOOT HALF -WIDTH); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 75°10'34" WEST A DISTANCE OF 69.81 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 32°28'55" EAST A DISTANCE OF 40.69 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, WESTERLY OF THE EASTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID PARALLEL UNE NORTH 10°12'45" WEST A DISTANCE OF 227.31 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID NORTHERLY LINE, NORTH 79°47'15" EAST A DISTANCE OF 42.00 FEET TO THE TO THE POINT OF BEGINNING. • Date 6,291(10 Sheet 2 of 2 SAID PORTION OF PARCEL "A" CONTAINS 11,020 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR. UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "8" ifatimate PARCEL A APN.•921-680-02J .S1 EFT I Or J SICE7S LLA #PAO6-0151 INST. NO. 2006-0503753 REC. 7-11-06 O.R. ?C‘•9 AP//:921-680-01J SCALE 17=120' PARCEL 3 APN: 921-680-021 WO 2.5354 IA 152. I PG lhi-15 lid STATE PLACE £.11AZ CA 50I'9 /3'D( (7611) 7111-9119 0\ , APN: .921-680-00J APN: 921-680-008 LOT A' SEE SHEET 2 LLA #PA96-O031 INST. NO. 1996-204074 REC. 6-3-96 O.R. PARCEL A APN: 921-680-015 LOT B" S££ SHEET J 0 120 240 POS APN: 921 -680 -GOOF S w0 LOT a' SCALE 7'=40' P Vg. 152/PG74.76 fax siu 440 STATE pmcr E Y1L Z4 MVP W(734) 715-8118 0 40 80 4(2,L0- SdIE T 2 or J 24273. 0-4 (:4 e RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel No. 921-680-003 [X] Portion This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). SUBORDINATION OF DEED OF TRUST TO A CERTAIN DEDICATION OF EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES TO THE CITY OF TEMECULA WHEREAS, Atwood & Andrews Development, a California General Partnership (referred to as "Grantor" below) is the record fee owner of the real property commonly known as Parcel 3 of Parcel Map Number 23354, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-680-003 ("Grantor's Property"); and WHEREAS, Grantor has informed Chicago Title Company that it intends to dedicate to the City of Temecula, a municipal corporation, an approximate 15,834 square foot easement for public street and utility purposes over, under, across, and upon that portion of Grantor's Property described on Exhibit "A" (legal description) and depicted on Exhibit "B" (plat map); and WHEREAS, Comerica Bank, a Michigan banking corporation, is the beneficiary under a deed of trust recorded against Grantor's Property to secure an original indebtedness of $995,000.00 which was executed by Grantor and recorded on May 23, 2001 as Instrument Number 228789 of Official Records of the County of Riverside (the "Deed of Trust"). NOW, THEREFORE, Comerica Bank, a Michigan banking corporation, as beneficiary under said Deed of Trust, hereby subordinates said Deed of Trust to said easement for public street and utility purposes in favor of the City of Temecula described above; provided, however, that the foregoing subordination shall not become effective unless and until the Dedication of Easement for Public Street and Utility Purposes, granting the easement for public street and utility purposes to the City of Temecula has been executed, acknowledged, accepted by the City of Temecula, and recorded in the Office of the County Recorder of the County of Riverside. -1- 1 1086-011011362290v I .doc IN WITNESS WHEREOF, Beneficiary has executed this document on , 2011. BENEFICIARY: Comerica Bank, a Michigan banking corporation By Its -2- 1086-01100 362290v1.doc ACKNOWLEDGMENT STATE OF ) COUNTY OF ) On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086.011011362290v1.doc • • Date 6/29/09 Sheet 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION ATWOOD & ANDREWS DEVELOPMENT LOT "A" THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 3 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 42.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID PARCEL 3 OF PARCEL MAP NO. 23354. SAID PORTION OF PARCEL 3 CONTAINS 15,834 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN. PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "B" TY HAP PARCEL A APN:911-680-02J 9 ZT / Or 2.94275' LLA sPAO6.O151 INST. NO. 2006.0503753 REC. 7-11-06 O.R. 1 PARCEL 5 APN.•921-680-021 LOT -4" SEE SN££T 1 pC1. r APN.•921-680-01.1 SCALE 1---120" 140 STATE PlAa £SYSNDIAZ CA .981'9 ROC (74)7158118 Vig 2.354 152. PG 14-76 LLA sPA96-0037 INST. N0. 1996.204074 REC. 6-3-96 O.R. PARCEL A APIC• 921-680-015 0 120 240 PCL 3 APN.•921-680-OOJ PCL APN:921-680-001 wAY 0 .57427 2 a7 2 .*7Y arisitzeau ?40 STA1FFtJ4 ' E:SA'7 CA St9 Pim <7li4J 74(y -B118 0 60 LOT "4 4200' 120 NRCEL SSP 23354 152 / VG 74-76 SCALE r=6.0, RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel No. 921-680-004 [X] Portion This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). SUBORDINATION OF DEED OF TRUST TO A CERTAIN DEDICATION OF EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES TO THE CITY OF TEMECULA WHEREAS, DCH Investments Inc., a California corporation (referred to as "Grantor" below) is the record fee owner of the real property commonly known as Parcel 4 of Parcel Map Number 23354, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-680-004 ("Grantor's Property"); and WHEREAS, Grantor has informed Chicago Title Insurance Company that it intends to dedicate to the City of Temecula, a municipal corporation, an approximate 14,887 square foot easement for public street and utility purposes over, under, across, and upon that portion of Grantor's Property described on Exhibit "A" hereto and depicted on Exhibit "B" hereto; and WHEREAS, Toyota Motor Credit Company, a California corporation, is the beneficiary under deed of trust recorded against Grantor's Property to secure an original indebtedness of $100,000,000.00 which was executed by Grantor and recorded on March 1, 2005 as Instrument Number 2005-0162424 and deed of trust recorded against Grantor's Property to secure an original indebtedness of $225,000,000.00 which was executed by Grantor and recorded on March 1, 2005 as Instrument Number 2005-0162425, both of Official Records of the County of Riverside (the "Deeds of Trust"). NOW, THEREFORE, Toyota Motor Credit Company, a California corporation, as beneficiary under said Deeds of Trust, hereby subordinates said Deeds of Trust to said easement for public street and utility purposes in favor of the City of Temecula described above; provided, however, that the foregoing subordination shall not become effective unless and until the -1- 11086-0110\1362287v 1.doc Dedication of Easement for. Public Street and Utility Purposes, granting the easement for public street and utility purposes to the City of Temecula has been executed, acknowledged, accepted by the City of Temecula, and recorded in the Office of the County Recorder of the County of Riverside. IN WITNESS WHEREOF, Beneficiary has executed this document on , 2011. BENEFICIARY: Toyota Motor Credit Company, a California corporation }3y Its -2- 11086-0110\I362287vLdoc ACKNOWLEDGMENT STATE OF COUNTY OF On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086-0110\ 1362287v 1.doc • EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION DCH INVESTMENTS INC. Date 6/24iO9 Sheet 1 of 1 LOT "A" THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 23354, EN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED EN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 4 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 4 OF PARCEL MAP 23354; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 79°47'15" EAST A DISTANCE OF 42.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF THE WESTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID PARALLEL LINE, SOUTH 10°12'45" EAST A DISTANCE OF 307.70 FEET; THENCE LEAVING SAID PARALLEL LME, SOUTH 57°31'05" EAST A DISTANCE OF 44.10 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SOLANA WAY (50.00 FOOT HALF -WIDTH); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 75°10'34" WEST A DISTANCE OF 74.65 FEET TO A POINT ON SAID WESTERLY LINE OF PARCEL 4; THENCE ALONG SAID WESTERLY LINE OF PARCEL 4, NORTH 10°12'45" WEST A DISTANCE OF 343.60 FEET TO THE POINT OF BEGINNING. SAID PORTION OF PARCEL 4 CONTAINS 14,887 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "B" WAVY NAP PARCEL A APN• 921-680-023 .91127 1 Lir 2 SNEE75• LLA sPAO6-0151 NST. NO. 2006-0503753 REC. 7-11-06 O.R. ?Cl. APN:921-680-013 SCALE 1.:=120' _ PARCEL IS APN: 921- 680- 021 1i ON? 23354 0 74.16 V. 152. � P iiCt•5 APN:921-680-008 ?Ct APN:921-680-003 LLA sPA96-0037 INST. NO. 1996-204074 REC. 6-3-96 O.R. PARCEL A APN.•921-680-015 EXG�I atilliEDZIK 10 STATF PLAIT £,SCOCIAZ CA .9ac'9 Roc (764) 71,S-8118 0 720 240 LOT A" SEE SHEET 2 ?Ot• 4 AAV• 921-680-004( S A WAY SCALE 7"---60" Etra £N€&'6 OD VAX PLACE exawa4 CA SVIVS' "Ole (7W 715-8118 0 60 120 N7.947'152- 1200' 7 2 cr 2 9,427:5. POfNT OC11£6/NANO Pel. PARCEL MXP 23354 ZW4, 152 / PG 74-76 42.00' LOT 'A S57:Y1 05 -4, 10' SOLANA 74.65' 57510:14'# Y RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel No. 921-680-013 [X] Portion This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). SUBORDINATION OF DEED OF TRUST TO A CERTAIN DEDICATION OF EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES TO THE CITY OF TEMECULA WHEREAS, Gordon Holdings, LP, a California limited partnership (referred to as "Grantor" below) is the record fee owner of the real property commonly known as Parcel 9 of Parcel Map Number 23354, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-680-013 ("Grantor's Property"); and WHEREAS, Grantor has informed Fidelity National Title Company that it intends to dedicate to the City of Temecula, a municipal corporation, an approximate 30,214 square foot easement for public street and utility purposes over, under, across, and upon that portion of Grantor's Property described on Exhibit "A" hereto and depicted on Exhibit "B" hereto; and WHEREAS, Toyota Motor Credit Corporation, a California corporation, is the beneficiary under a deed of trust recorded against Grantor's Property to secure an original indebtedness of $12,100,000.00 which was executed by Grantor and recorded on February 8, 2002 as Instrument Number 2002-072370 of Official Records of the County of Riverside (the "Deed of Trust"). NOW, THEREFORE, Toyota Motor Credit Corporation, a California corporation, as beneficiary under said Deed of Trust, hereby subordinates said Deed of Trust to said easement for public street and utility purposes in favor of the City of Temecula described above; provided, however, that the foregoing subordination shall not become effective unless and until the Dedication of Easement for Public Street and Utility Purposes, granting the easement for public -1- 11086-0110\1362282v 1.doc street and utility purposes to the City of Temecula has been executed, acknowledged, accepted by the City of Temecula, and recorded in the Office of the County Recorder of the County of Riverside. IN WITNESS WHEREOF, Beneficiary has executed this document on BENEFICIARY: Toyota Motor Credit Corporation, a California corporation By Its -2- 11086-0110\ 1362282v I doc , 2011 STATE OF ACKNOWLEDGMENT COUNTY OF On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086-0110\1362282v 1doc • 1 Date 6/29/09 Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION GORDON HOLDINGS, LP LOT "A" THAT PORTION OF PARCEL 9 OF PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 9 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 9 OF PARCEL MAP 23354; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 9, SOUTH 79°47'15" WEST A DISTANCE OF 42.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, WESTERLY OF THE EASTERLY LINE OF SAID PARCEL 9; THENCE ALONG SAID PARALLEL LINE, NORTH 10°12'45" WEST A DISTANCE OF 320.00 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 55°12'45" WEST A DISTANCE OF 32.53 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, SOUTHERLY OF THE NORTHERLY LINE OF SAID PARCEL 9; THENCE ALONG SAID PARALLEL LINE, SOUTH 79°47' 15" WEST A DISTANCE OF 263.00 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 35°43'36" WEST A DISTANCE OF 43.14 FEET TO A POINT ON THE EASTERLY LINE OF THAT 17.00 FOOT WIDE EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES THAT WAS GRANTED TO THE CITY OF TEMECULA BY THAT DEED RECORDED ON FEBRUARY 9, 1993, AS INSTRUMENT NO. 50728, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID EASTERLY LINE, NORTH 10°12'45" WEST A DISTANCE OF 72.00 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF A 17.00 FOOT WIDE STRIP OF LAND AND THE NORTHERLY LINE OF SAID PARCEL 9; THENCE ALONG SAID NORTHERLY LINE, NORTH 79°47'15" EAST A DISTANCE OF 359.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 9; • • Date 6/29/09 Sheet 2 of 2 THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 9, SOUTH I0°12'45" EAST A DISTANCE OF 385.00 FEET TO THE POINT OF BEGINNING. SAID PORTION OF PARCEL 9 CONTAINS 30,214 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 EXHIBIT "B" 1Inm&P PARCEL A AAV 911-680-02J sari er? .9427S LLA sPA06-0151 INS T. NO. 2006-0503753 REC. 7-11-06 O.R. 1 It ..- 1 1 LOT"A" S££ .9�/E£T 1 ,‘, I ?c' 9 APN:911-680-011 P 23354 B� 152 � �pG 74-76 SCALE 1"--7120' PCt.5 APN:911-6611-008 LLA sPA96-0037 Ii1ST. NO. 1996-204074 REC. 6-3-96 O.R. PARCEL A ARV. 921-680 -015 biGhlfahiC STAIF MAX EStThTIJ CA AC , Oaf 7A7-6718 0 120 240 PCL 3 APN.-911-680-cww Ct. APN:921-580-001 Y • • t- MOTOR SHEET 2 Or 1 SWEVY N79i7'is'Z' 15900' CAR S79 47'151f 261X' S.354.KJ61r AU1l' N5572'451Y .3251' QPANT Or EASEMENT PER OX NO 50728 REG 2/7/Y993 SCALE 1"=-60' DM ACPC277hir 1.0 STAT- RALE MA= G M'9 Phalle (764) 70-81149 0 60 120 Pct. 9 P A,ICE4 MAP 23354 pg{ 152 / PG 74-76 LOT A" 1200' 5791775"w 1200' PONT OF B£C/NN/NC 0 N P) RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Space above this line for Recorder's Use Only Assessor's Parcel Nos. 921-680-008 and 921-680-015 [X] Portion This instrument is being recorded for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax Code § 11922). SUBORDINATION OF DEED OF TRUST TO A CERTAIN DEDICATION OF EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES TO THE CITY OF TEMECULA WHEREAS, Solanez Investment LP, a California Limited Partnership (referred to as "Grantor" below) is the record fee owner of the real property commonly known as Parcel "A" of Lot Line Adjustment No. PA96-0037, recorded June 3, 1996 as Instrument No. 1996-204074 of Official Records of the County of Riverside and Parcel 8 of Parcel Map Number 23354, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 921-680- 008 and 015 ("Grantor's Property"); and WHEREAS, Grantor has informed Chicago Title Company that it intends to dedicate to the City of Temecula, a municipal corporation, an approximate 20,932 square foot easement for public street and utility purposes over, under, across, and upon that portion of Grantor's Property described on Exhibit "A" hereto and depicted on Exhibit "B" hereto; and WHEREAS, Cathay Bank, a California banking corporation, is the beneficiary under a deed of trust recorded against Grantor's Property to secure an original indebtedness of $2,760,000.00 which was executed by Grantor and recorded on May 27, 2004 as Instrument Number 2004-0403121 of Official Records of the County of Riverside (the "Deed of Trust"). NOW, THEREFORE, Cathay Bank, a California banking corporation, as beneficiary under said Deed of Trust, hereby subordinates said Deed of Trust to said easement for public street and utility purposes in favor of the City of Temecula described above; provided, however, that the foregoing subordination shall not become effective unless and until the Dedication of Easement for Public Street and Utility Purposes, granting the easement for public street and -1- 11086-011011362281v1.doe utility purposes to the City of Temecula has been executed, acknowledged, accepted by the City of Temecula, and recorded in the Office of the County Recorder of the County of Riverside. IN WITNESS WHEREOF, Beneficiary has executed this document on , 2011. BENEFICIARY: Cathay Bank, a California banking corporation By Its -2- 11086-01 I011362281v1_doc ACKNOWLEDGMENT STATE OF COUNTY OF On , 2011, before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL SIGNATURE OF NOTARY -3- 11086-01 10\1362281 v1.doc • • Date 6/29/09 Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION SOLANEZ INVESTMENT, LP LOT "A" THAT PORTION OF PARCEL 8 OF PARCEL MAP NO. 23354, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THAT MAP FILED IN BOOK. 152 OF PARCEL MAPS, AT PAGES 74 THROUGH 76, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL 8 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 42.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID PARCEL 8 OF PARCEL MAP NO. 23354. SAID PORTION OF PARCEL 8 CONTAINS 9,912 SQUARE FEET, MORE OR LESS. LOT "B" THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA96-0037, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT NOTICE OF LOT LINE ADJUSTMENT RECORDED ON JUNE 3, 1996, AS DOCUMENT NO. 1996-204074, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION OF PARCEL "A" BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL "A' THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A", SOUTH l0°12'45" EAST A DISTANCE OF 251.60 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF PARCEL "A" AND THE NORTHERLY RIGHT-OF-WAY OF SOLANA WAY (50.00 FOOT HALF -WIDTH); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 75°10'34" WEST A DISTANCE OF 69.81 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 32°28'55" EAST A DISTANCE OF 40.69 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, WESTERLY OF THE EASTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID PARALLEL LINE NORTH 10°12'45" WEST A DISTANCE OF 227.31 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID NORTHERLY LINE, NORTH 79°47'15" EAST A DISTANCE OF 42.00 FEET TO THE TO THE POINT OF BEGINNING. • Date 6/29109 Sheet 2 of 2 SAID PORTION OF PARCEL "A" CONTAINS 11,020 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MICHAEL D. LEVIN, PLS 6896 DATE MY LICENSE EXPIRES 6/30/11 0 EXHIBIT "B" W JW1Y PARCEL A APIC. 921-680-02.d .HT1OFJ 7s LLA sPAO6-0151 INST. NO. 2006-0503753 REC. 1-11.06 O.R. PARCEL 3 { APN.• 921-680-021 t i 1 I t i � ACL �t ', APN.92J-680-017 ` O` rr '23554 b % `�^� % %, APN. .9 80-00 % 1`i ARV:i- 92 SCALE 1":=120' Ora £ 110 STATE PLACE EXDYIITAZ C4 921E9 gee rWsry 715-9118 120 LOT :4 ' SEE SHEET 2 �. bttt CL LLA sPA96-0037 j1 APN.•921-680-OO INST. NO. 1996-204074 REC. 6-3-96 O.R. PARCEL A APN.•921-650-015 t i 240 LOT i'" SEE SNEET J S WAY LAN SCALE / 40' PCL PARCEL TOP 23354 za 410 ST4TE f1AG�' wyEEem- aac�s H' Q a) 715-8I/8 0 40 80 LOT :f " 1200, — 1 0 PCYNT or araNNINC SCALE 1.1_40, 1200, 1J79,47157_ si•4°0' "2" .- 1 z , / i).%;.: W /•,X.%,7" . . ,,,,, '/..."-./;• °' jt;'7'.' ' ,../ •••• //, , , , '..%.•',/'• • ., , / /..: . C., i • ., ( , /4 , ,./.,:., N ,,AW , ',/• ,', ,/,,,,,,.;;;•,, PARCEL '.(A/f 'tISC. %0S1. 00. 1996-204074 / 4 ••//'4%.. /.'/ • -', .),i'' • ,, .. ‘), , ,,,;,;:,..,,: ;-% v4,, , A, ,% ', - 4, 4 J. \,‘',1•11C,0§e' ;,. 57510:14W 59.81 Dom oirgitaiew s TAX HAtz- ESCayszia /We CA " ME 745_67/8 0 40 80 zor SOLANA Sitz7J T J .574273. WAY EXHIBIT "D" CC&RS TERMINATION DOCUMENT MCP Agreement between the City and Association Recording Requested By: Rancho Temecula Auto Park Association When Recorded Return to: Vincent J. Sincek, Esq. Epsten Grinnell & Howell, APC 9980 Carroll Canyon Road, 2nd Floor San Diego, CA 92131 Space above line for Recorder's Use Only Assessor's Parcel Numbers: 921-680-003, 004, 008, 012, 013, 015, 017, 021 & 023 921-720-003, 011, 012 TERMINATION AND EXTINGUISHMENT OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF RANCHO CALIFORNIA AUTO PARK (Document No. 354626 of Official Records, Recorded December 16, 1987) This termination and extinguishment is made effective upon recordation of this document by the Rancho Temecula Auto Park Association, a nonprofit mutual benefit corporation, hereinafter referred to as the "Association," with reference to the following: RECITALS A. The Association was incorporated pursuant to Articles of Incorporation signed by the incorporator on December 16, 1987, and filed by the California Secretary of State on December 28, 1987. The Association was originally named "Rancho California Auto Park Association." Its name was changed to "Rancho Temecula Auto Park Association" by an amendment to its Articles of Incorporation dated July 12, 1989. B. The Association was created, as provided in California Civil Code Section 1351(a), for the purpose of managing the common interest development (the "Development") that is subject to that certain Declaration of Covenants, Conditions and Restrictions of Rancho California Auto Park ("Declaration"), recorded on December 16, 1987, as Document No. 354626 in the Official Records of Riverside County, California. The Association was formerly vested with the responsibility for the operation and maintenance of the certain portions of the Development indentified in the Declaration or over which the Association had received easements. 1 C. Section 1.3 of the Declaration misidentified the Association as "Rancho Temecula Plaza Association," a scrivener's error, in that it was carried over from another recorded document prepared by the same attorney and law firm for an association that was named "Rancho Temecula Plaza Association" and applicable to a different piece of property. However, the Declaration does correctly identify Rancho California Auto Park Association in the heading for Article 3 of the Declaration. D. The Declaration was recorded against the following real property, which comprises the Development: Parcels 6 and 7 of Parcel Map 19145 as per map on file in Book 119, Pages 36 through 39 inclusive of Parcel Maps in the Office of the County Recorder of Riverside County. Lot 8 of Tract No. 3334, as shown by Map on file in Book 54, Pages 25 through 30, inclusive, of Maps of Records of Riverside County, California. E. Said Lot 8 of Tract No. 3334 was later subdivided into Parcels 1 through 9, inclusive, of Parcel Map 23354 filed in Book 152, Pages 74, 75 and 76 of Parcel Maps in the Office of the County Recorder of Riverside County, California. F. Subsequently, the common boundary line between Parcels 1 and 2 of said Parcel Map 23354 was adjusted through a lot line adjustment as legally described in that Notice of Lot Line Adjustment No. PA06-0151, recorded July 11, 2006, as Document No. 2006-0503753 in the Official Records of Riverside County. The real property that comprised said Parcels 1 and 2 is now Parcels "A" and "B" of said lot line adjustment. G. The common boundary line between Parcels 5 and 6 of said Tract No. 3334 was adjusted through a lot line adjustment as legally described in that Notice of Lot Line Adjustment No. PA96-0037, recorded June 11, 1996, as Document No. 204074 in the Official Records of Riverside County. The real property that comprised said Parcels 5 and 6 is now Parcels "A" and "B" of said lot line adjustment. H. Under the Declaration, each owner of a portion of the Development that is a legally described parcel of real property or a lot shown on a recorded subdivision tract map is deemed to be a Member of the Association ("Member" or "Members," if more than one). The Declaration, in Article 12, Section 12.1, provides that it may be terminated with the approval of sixty percent (60%) of the Owners of Lots in the Development. At least sixty percent (60%) of the Owners of the Lots in the Development have consented to the termination and extinguishment of the Declaration and have executed this document below. Additionally, the Secretary of the Association 2 has certified, below, that the board of directors of the Association has approved the termination and extinguishment of the Declaration. J. The Declaration, in Article 12, Section 12.1, also provides that it may be extinguished only after prior written approval has been obtained from the Planning Director of the County of Riverside or the County's successor -in -interest. The prior written consent of the City of Temecula, as the successor -in -interest to the County of Riverside has been obtained to terminate the Declaration. K. The Association and its Members have voted to wind up and dissolve the Rancho Temecula Auto Park Association. The Association has quitclaimed all of its real property interests, including any easements. The Association is no longer obligated to manage, maintain, preserve, control, repair, operate, or landscape any lot or real property, or improvements in the Development. J. The Association and its Members now wish to terminate and extinguish the Declaration, in its entirety, as set forth herein. This termination and extinguishment document become effective upon its recordation in the Official Records of Riverside County and, at that time, the Declaration shall have no further force and effect. TERMINATION AND EXTINGUISHMENT OF DECLARATION NOW THEREFORE, the Declaration is hereby terminated and extinguished in its entirety. IN WITNESS WHEREOF, this document is executed on the day and year written below by the undersigned Secretary of the Association and Owners of Lots within the Development. Association: RANCHO TEMECULA AUTO PARK ASSOCIATION, a California nonprofit mutual benefit corporation Date: By: Secretary Owners of Lots within the Development: Date: By: Owner 3 Date: By: Owner Date: By: Owner Date: By: Owner Date: By: Owner 4 MOTOR CAR PARKWAY IMPROVEMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ABBOTT CARDIOVASCULAR SYSTEMS, INC. MCP Agreement between ACS and City , 2011 Table of Contents RECITALS 1 1. Construction of improvements 2 2. Inspection and Acceptance of Improvements; Further Actions 4 3. Security 4 4. Alterations to Approved Plans 5 5. Inspection and Certification 5 6. Release of Securities 5 7. Injury to Public Improvements, Public Property or Public Utility Facilities 6 8. Permits 6 9. Acquisition of Subject Property Interests Needed to Improve Motor Car Parkway in Accordance with the Approved Plans 6 10. Acquisition -Related Costs 9 11. Default 10 12. Warranty 12 13. Indemnification 13 14. Insurance. 13 15. Mechanic's and Materialmen's Liens 15 16. Relationship of the Parties 15 17. Injury to Work 15 18. Obligation to Wam Public During Construction 15 19. Vesting of Ownership 16 20. Final Acceptance of Work 16 21. Dispute Resolution 16 22. Condition Precedent; Time for Completion of Work 16 23. Notices 17 24. Entire Agreement 18 25. Interpretation and Governing Law 19 26. Severability 19 27. Ambiguities 19 28. Waiver; Modification 19 29. Headings 19 30. Non -Recourse Obligations 19 31. Assignment 20 32. Usage 20 33. Time of Essence 21 34. Counting Days 21 35. Recitals 21 36. Third Party Beneficiaries 21 37. Counterparts; Duplicate Originals 21 38. Necessary Acts 21 i MCP Agreement between ACS and City Exhibit "A" Approved Street improvement Plans for Motorcar Parkway Exhibit "B" Estimated Costs of Improvements Exhibit "C" Alternative Dispute Resolution ii MCP Agreement between ACS and City MOTOR CAR PARKWAY IMPROVEMENT AGREEMENT This Motor Car Parkway Improvement Agreement ("Agreement") is entered into as of , 2011, by the CITY OF TEMECULA, a California municipal corporation ("CITY"), and ABBOTT CARDIOVASCULAR SYSTEMS, INC., a California corporation and a subsidiary of Abbott Vascular, Inc. ("ACS"). CITY and ACS are each a "Party" and collectively "Parties". RECITALS A. On October 22, 2002, CITY and Advanced Cardiovascular Systems, Inc., now known as Abbott Cardiovascular Systems, Inc., entered into that certain Development Agreement for the development of approximately 27 acres of real property in the vicinity of Ynez Road, Motor Car Parkway, Margarita Road and Solana Way ("Development Agreement"). The Development Agreement was approved by the City Council by its adoption of Ordinance No. 02- 10 and was recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of the County of Riverside. The terms and conditions of the Development Agreement and the Council's authority to act in connection therewith were validated by judgment of the Superior Court of the State of California, County of Riverside, entered on August 15, 2003, in Case No. RIC 387405. This Agreement is intended to implement certain provisions of the Development Agreement. B. Motor Car Parkway is a private street extending from Solana Way at its southerly terminus to Ynez Road at its northwesterly terminus ("MCP"). MCP is designated in the Development Agreement as one of the approved means of access to ACS's project as described therein. Section 2.11 of the Development Agreement provides that, upon the request of ACS, CITY shall accept an offer of dedication for Motor Car Parkway and thereafter own and maintain it as a public street provided that MCP is upgraded to public street standards as more specifically defined in Exhibit H to said Development Agreement. With MCP as a public street, ACS will have each of the approved means of access to its project as provided in the Development Agreement. Section 2.11 of the Development Agreement provides for MCP to be improved to acceptable CITY standards as a condition precedent to CITY's obligation to accept the offer of dedication. C. MCP is under the management and control of the Rancho Temecula Auto Park Association, a California non-profit mutual benefit corporation ("Association"). The Association was formed pursuant to those certain covenants, conditions and restrictions established in connection with the recordation of Parcel Map 23354 in Book 152, Pages 74, 75 and 76 of Parcel Maps in the Official Records of the County of Riverside, California ("CC&Rs"). Under the CC&Rs, Association and its members (as such term is defined in the CC&Rs ("Members"), one of which is ACS) have certain interests in MCP. CITY has provided to ACS a copy of that certain "Agreement of Rancho Temecula Auto Park Association and the City of Temecula Regarding Motor Car Parkway" ("City -Association Agreement"). Certain real property interests owned by the Association and its Members are needed for ACS to improve MCP to public street standards. These real property interests are described on the form of conveyance documents, which are attached collectively as Exhibits "B" and "C" to the City -Association Agreement, include any other interests of record as to those specifically enumerated and are referred to below as the "MCP subject property interests." The City -Association Agreement provides for a Close of Escrow (referred to as "closing" herein), which is described in Section 6.a. of the City - Association Agreement. Pursuant to the closing, the Escrow Holder would record the requisite conveyances for the MCP subject property interests in favor of CITY, including the necessary 1 MCP Agreement between ACS and City access easement quitclaim deeds, executed by the Association and its Members and accepted by CITY's Director of Public Works/City Engineer ("City Engineer") prior to the start of construction of Motor Car Parkway by ACS. The closing under the City -Association Agreement will include recordation of this Motor Car Parkway Improvement Agreement as between CITY and ACS, and such dosing is a condition precedent to certain performance by CITY and ACS hereunder as further provided in Section 22 below. D. Under this Agreement, ACS will cause the improvements to be constructed and ensure that necessary warranties are issued for CITY to subsequently accept MCP into CITY street system for maintenance. E. The City Engineer would not accept the conveyances under the City -Association Agreement (which include the requisite offers of dedication) without the commitment of ACS as contained herein to construct necessary improvements to MCP. ACS would not commit to improve MCP without the closing under the City -Association Agreement and CITY's commitment herein to accept MCP for maintenance upon ACS's completion of the improvements consistent with the final street improvement plans for MCP, which are described in Section G below. F. In consideration of CITY's acceptance of MCP as a public street, which will provide one of the necessary means of access for ACS's project as described in the Development Agreement, ACS desires to enter into this Agreement and agrees to construct certain public improvement work without cost to CITY as provided further herein. G. ACS has prepared final street improvement plans for the construction, installation and completion of the improvements on Motor Car Parkway. These final street improvement plans were reviewed and agreed upon by the Association, and reviewed and accepted by the City Engineer, and are referred to below as the "Approved Plans". The Approved Plans are deemed to satisfy the requirements of the Development Agreement for the improvement of MCP as described therein, and any other applicable CITY standards. The Approved Plans are titled "Abbott Vascular PM 23354 and PA06-0201", are stamped approved by the City as of September 2, 2009, bear plan numbers LD09-009CO, and are on file in the Office of the City Engineer. A true and correct copy of the Approved Plans is attached as Exhibit "A" to this Agreement. H. ACS has prepared an estimate of the cost of constructing the improvements in accordance with the Approved Plans and the City Engineer has determined that the estimate is reasonable. The estimated amount is $1,230,254.85 ("Estimated Cost"). The basis for the Estimated Cost is attached as Exhibit "B" and incorporated here by reference. NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants set forth in this Agreement and the further consideration described herein, ACS and CITY agree as follows: 1. Construction of Improvements. ACS shall: a. Furnish the necessary materials and construct the improvements as described in the Approved Plans at its expense (together with the $400,000.00 contribution of the Association described in the City -Association Agreement) and any contributions described in Sections 1.d. or 1.e., below. 2 MCP Agreement between ACS and City b. Determine whether payment of prevailing wages is required by California LABOR CODE Section 1720 for the construction, alteration, demolition, installation, or repair of the improvements required by this Agreement. If ACS determines that payment of prevailing wages is not required pursuant to LABOR CODE Section 1720 et seq., then ACS shall submit to the City Engineer a certification confirming that payment of prevailing wages is not required and/or a written determination from the State that payment of prevailing wages is not required. If ACS determines that payment of prevailing wages is required after consultation with the Department of Industrial Relations, then: (i) ACS shall obtain from the Department of Industrial Relations and submit to the City Engineer 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 construct improvements under this Agreement; (ii) ACS shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rate as a minimum; and (iii) ACS shall comply with the provisions of the LABOR CODE and other applicable laws and regulations with respect to the payment of prevailing wages. If ACS determines that payment of prevailing wages is not required under applicable law, ACS shall defend, indemnify and hold CITY harmless from any loss, claim or action arising from such determination. c. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by CITY, ACS shall install temporary street name signs according to the City Engineer's requirements. d. Attempt to resolve directly with the owners of the properties located adjacent to Motor Car Parkway (Members of the Association) any issues regarding the cost of the improvements required on the private properties (e.g., driveways) arising in connection with the improvement and construction of MCP pursuant to the Approved Plans, and payments or contributions for such work by the individual owners of the affected properties. Upon the request of ACS or an individual property owner, CITY shall assist the parties in their resolution of any issue that may arise with respect to such improvements. e. Determine whether to conduct a preliminary assessment of potential environmental contamination of the MCP subject property interests (commonly referred to as a Phase I environmental assessment) and, if such preliminary assessment indicates possible contamination, determine whether to conduct a further assessment to ascertain the nature and extent of the contamination (a Phase II assessment). If ACS determines to proceed with the assessment(s), ACS shall attempt to obtain voluntary access to the necessary properties in order to conduct the assessment(s). If ACS is unable to obtain such voluntary access, ACS may request that CITY use the authority set forth in California Code of Civil Procedure Sections 1245.010, et seq., to obtain an order permitting entry. ACS and CITY shall consult regarding the findings of the environmental assessment(s), and each Party shall have the right to terminate this Agreement if a Phase II assessment indicates the presence of environmental contamination and such Party is not satisfied that appropriate measures are available to address financial responsibility for such contamination. Nothing in this Agreement or the City -Association Agreement shall preclude CITY or ACS from pursuing any remedy or cause of action under state or federal law against any 3 MCP Agreement between ACS and City person to recover all or a portion of the cost of removing, remediating, responding to or otherwise addressing any hazardous materials (as defined under state or federal law or regulations) that may be encountered in constructing the improvements and that were not placed on site by ACS's contractor. 2. Inspection and Acceptance of Improvements; Further Actions. CITY shall: a. Inspect the improvements and work from time to time upon request of ACS or its contractor, in a reasonably timely manner and consistent with CITY's generally applicable regulations, procedures and fees. b. Take such steps as necessary, including acceptance by CITY's Building Official, to approve changing the name of Motor Car Parkway (or the east -west portion of it) to Abbott Parkway (or some similar name referring to ACS or its parent company or companies satisfactory to ACS by the time the improvements are accepted, the necessary consents to such name change having been set forth in Section 1.b.viii of the City -Association Agreement. c. Accept the improvements upon completion, after certification by the City Engineer as set forth in Section 20. d. Such action shall constitute acceptance of Motor Car Parkway into CITY street system pursuant to California STREETS AND HIGHWAYS CODE Section 1806, Temecula Municipal Code Section 16.30.120.E and Section 2.11 of the Development Agreement, and CITY shall thereafter maintain Motor Car Parkway as a public street. Notwithstanding such acceptance, the resolution of any claims filed during the warranty period shall be the responsibility of ACS and its contractor. e. Upon dissolution of the Association and CITY's receipt of any remaining assets from the Association as provided in CC&Rs Section 3.6.3 and Sections 1.b.ix. and 2.c. of the City -Association Agreement, transfer such assets to ACS to be used towards the costs incurred by ACS in connection with the improvement of MCP pursuant to the Approved Plans. 3. Security. ACS shall guarantee its performance of this Agreement by furnishing to CITY and maintaining good and sufficient security reasonably consistent with that typically required by CITY under the California SUBDIVISION MAP ACT for the purposes and in the amounts as follows: a. To assure faithful performance of this Agreement in regard to improvements under the Approved Plans in an amount of 100% of the Estimated Cost; and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the Estimated Cost; 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 4 MCP Agreement between ACS and City labor done or defective materials furnished in the additional amount of 10% of the Estimated Cost. The securities required by this Agreement shall be kept on file with the City Clerk. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk. Upon filing of a replacement security with the City Clerk, the former security shall be released. 4. Alterations to Approved Plans. Any changes, alterations or additions to the Approved Plans or the improvements, not exceeding 10% of the Estimated Cost, which are mutually agreed upon by CITY and ACS (and subject to any applicable provisions of the City -Association Agreement), 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 Estimated Cost, ACS shall provide improvement security for faithful performance as required by Section 3 hereof for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Section 6. 5. Inspection and Certification. ACS shall provide reasonably safe access for inspection by CITY's inspector of the public improvements and the shops where any portion thereof is in preparation. Upon completion of the work ACS may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer or designated representative determines that the work has not been completed in accordance with the Approved Plans, then ACS shall have additional time as deemed reasonable by the City Engineer or designated representative to correct any deficiencies. If the City Engineer or designated representative determines that the work has been completed in accordance with the Approved Plans, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless aspects of the work have been inspected and determined to have been completed in accordance with the Approved Plans. ACS shall reimburse CITY for its actual costs of inspecting and certifying the improvements. 6. Release of Securities. The securities required by this Agreement shall be released as follows: a. Security given for faithful performance of this Agreement in regard to improvements under the Approved Plans shall be released upon approval by the City Council concurrently with its final acceptance of the improvements as provided in Section 20, subject to the provisions of Section 6(b). b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by ACS; provided, however, that (i) no such release shall be for an amount less than 25% of the total security given for faithful performance of the improvement work, and (ii) the security shall not be reduced to an amount less than 50% of the total security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of improvement security that 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. 5 MCP Agreement between ACS and City c. Security given to secure payment to the contractor, its subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the legislative body as and if required by law, plus an amount reasonably determined by the City Engineer 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 Section 12, the warranty period shall commence upon final acceptance of the work and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees anticipated to be incurred in connection with pending claims against such security, if any, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utility Facilities. ACS shall replace or repair any public improvements, public utility facilities and surveying or subdivision monuments that are destroyed or damaged as a result of its work under this Agreement. ACS shall bear the cost of replacement or repairs of any public or public utility property damaged or destroyed by reason of 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 CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the reasonable satisfaction and approval of the City Engineer. 8. Permits. ACS shall obtain any necessary permits or licenses for the construction and installation of the improvements, give any necessary notices and pay any associated fees and taxes required by law. 9. Acquisition of Subject Property Interests Needed to Improve Motor Car Parkway in Accordance with the Approved Plans. If the Members of the Association, the Association, or other parties having an interest in the MCP subject property interests do not voluntarily convey to CITY, based on the consideration for the improvement of MCP to CITY's standards and acceptance of MCP into CITY publicly -maintained system, the interests needed to improve MCP to CITY's standards in accordance with the Approved Plans, ACS has requested that CITY acquire such interests in conformance with applicable law, including but not limited to applicable provisions of Government Code Section 7620 et seq. ACS and CITY recognize that CITY cannot exercise its power of eminent domain unless the City Council, in its sole discretion, makes the necessary findings and adopts a resolution of necessity pursuant to law for each of the outstanding MCP subject property interests. This Agreement is neither a commitment nor an announcement of intent by CITY to acquire any or all of the MCP subject property interests by eminent domain. This Agreement sets forth the obligations of the parties in connection with the proposed acquisition of the MCP subject property interests. 6 MCP Agreement between ACS and City a. CITY agrees that if the Members of the Association, the Association, or other parties that have an interest in the MCP subject property interests do not convey to CITY the MCP subject property interests needed to improve MCP to public standards in accordance with the Approved Plans based on the consideration for the improvement of MCP to CITY's standards and acceptance of MCP into CITY publicly -maintained system, CITY will: i) Obtain appraisals of the MCP subject property interests in accordance with the requirements of the Eminent Domain Law. ii) In good faith and pursuant to the requirements of law, negotiate with the current owners of the MCP subject property interests for the improvement of MCP in accordance with the Approved Plans to attempt to acquire said real property interests without the necessity of eminent domain proceedings. iii) If such negotiations prove unsuccessful, CITY will begin the preacquisition procedures required by law in connection with eminent domain proceedings. iv) Subject to the full satisfaction of the appraisal, offer, negotiation and notice requirements imposed by law, CITY will schedule a hearing for the City Council to consider the adoption of resolution(s) of necessity for the acquisition of the MCP subject property interests by eminent domain. v) CITY will file eminent domain proceedings for the purpose of acquiring the MCP subject property interests needed to improve MCP pursuant to the Approved Plans if: (1) The City Council determines that CITY has complied with all applicable laws relating to the appraisal, offer, and required negotiation; (2) the City Council has considered all of the facts presented at the hearing for the resolution of necessity by Staff and the owners of the real property interests bearing on the findings required for a resolution of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for a resolution of necessity under the Eminent Domain Law by the requisite vote; and (4) the City Council elects, in its sole and exclusive discretion, to adopt such resolution(s) of necessity. vi) If the City Council elects, in its sole and exclusive discretion, to adopt a resolution of necessity and to initiate eminent domain proceedings, in connection with any of the MCP subject property interests, CITY will promptly file such proceedings following the adoption of the resolution of necessity, and CITY will diligently prosecute the proceeding. vii) If the Council elects, in its sole and exclusive discretion, to adopt a resolution of necessity and initiate eminent domain proceedings, CITY will seek an order for prejudgment possession pursuant to the Eminent Domain Law. 7 MCI' Agreement between ACS and City b. ACS agrees that if eminent domain proceedings are filed to acquire any of the MCP subject property interests by eminent domain, CITY may not have title to said subject property interests in the time contemplated by ACS to construct the improvements for MCP. ACS waives any such time requirements, including any time requirements of Government Code Section 66462.5, if applicable. ACS, however, does not waive any such time requirements that may have passed in relation to MCP prior to the execution of this Agreement. Further, if this Agreement terminates for any reason other than default by ACS, nothing herein shall preclude ACS from taking the position that any condition to development approval concerning access via MCP or improvement thereof has been terminated by operation of law or otherwise. This provision is not a waiver of any of CITY's rights regarding these issues. c. The parties hereto further agree that either Party may terminate this Agreement if a court in such proceedings makes a final determination that CITY does not have the right to take as to any of the real property interests needed to improve MCP to CITY standards pursuant to the Approved Plans or CITY elects, in its sole discretion, not to adopt a resolution of necessity. d. ACS agrees to pay all costs of CITY necessary for acquiring the MCP subject property interests needed to improve MCP pursuant to the Approved Plans, including, but not limited to, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for business goodwill, pre -condemnation damages, relocation assistance and benefits, abandonment damages, costs and claims relating to right to take challenges, attorneys' fees, litigation expenses, consultant fees and costs, appraiser fees and costs, title policy and litigation guarantee charges and costs, deposits, any sum paid as and for settlement of any eminent domain proceeding filed by CITY for the acquisition of the Property, and such other payments, costs or expenses arising out of CITY's acquisition of the real property interests needed to improve MCP in accordance with the Approved Plans (collectively, "Costs"). The definition of Costs is purposefully broad in order to provide reimbursement to CITY for its expenditures, but nothing in the definition or elsewhere in this Agreement shall be interpreted to indicate that either Party believes that any particular damages or payment is required for any holder of MCP subject property interests. Given the nature of the project and the facts as presently known, the Parties anticipate that only nominal, if any, compensation would be payable for such interests, and that no payments would be necessary for improvements, severance damages, fixtures and equipment, relocation assistance and benefits or abandonment damages; and nothing herein shall be considered as evidence or an admission by either Party to the contrary. The Parties acknowledge, however, that an independent appraiser would provide an opinion of the fair market value of the MCP subject property interests and applicable compensation or damages, if any. ACS agrees that CITY will exercise exclusive control of the acquisition of the MCP subject property interests and, if necessary, eminent domain proceeding(s) filed in connection with the acquisition of the MCP subject property interests. ACS agrees to pay the acquisition -related Costs, including those necessarily incurred by CITY as to a particular MCP subject property interest before consideration by the City Council of a resolution of necessity, regardless of whether or not the City Council, in its sole discretion, adopts such resolution of necessity. 8 MCP Agreement between ACS and City e. CITY and ACS will cooperate in the acquisition process and keep each other fully advised of the progress of the acquisitions. CITY shall consult with ACS's counsel as to pending actions, pleadings and case status and otherwise advise ACS from time to time as to the status of its acquisition activities as requested by ACS but consistent with applicable attorney-client and work product privileges. f. ACS may request at any time that CITY terminate (or "abandon") an eminent domain proceeding as to a particular MCP subject property interest, or settle any claim against CITY in connection with such a proceeding, including any inverse condemnation claim. CITY may comply or not with any such request in its sole discretion. If CITY complies with such request, CITY shall forthwith seek to withdraw any amounts on deposit and shall reimburse ACS for same (subject to CITY's right to withhold amounts (if any) necessary as determined by the court to compensate the property owner as a result of the abandonment and dismissal of the eminent domain proceeding). If the property owner has already withdrawn the deposit, CITY shall forthwith seek reimbursement from the property owner for purposes of reimbursing ACS and, upon receipt of any such funds, shall reimburse ACS. However, ACS agrees it is obligated to pay for all fees and litigation expenses, and claims for compensation as determined by the court, resulting from the abandonment and dismissal of the eminent domain proceeding. 10. Acquisition -Related Costs. If the Members of the Association, the Association or other parties having an interest in the MCP subject property interests do not voluntarily convey to CITY the MCP subject property interests needed to improve MCP to CITY's standards in accordance with the Approved Plans based on the consideration for the improvement of MCP to CITY's standards and acceptance of MCP into CITY publicly -maintained system, CITY will provide written notice of this to ACS. CITY will also provide bank - wiring instructions for CITY's account. ACS will deposit with CITY's bank for CITY's account the initial sum specified by the Director of Finance in consultation with the City Attorney, but in any event not to exceed $20,000.00 (Twenty Thousand and no/100 dollars) within twenty (20) Days (as defined in Section 34 below) of written notification of the above and request for deposit from CITY. a. CITY will use said sum for the costs of the appraisals of the MCP subject property interests and the preliminary estimate of attorney fees and Costs for the acquisition of the MCP subject property interests and eminent domain proceedings, if required, and which sum will be applied to the Costs of the acquisition of the subject property interests. b. CITY shall provide ACS with an estimated budget on or before the tenth day of each month during which acquisition activities are undertaken. Each budget shall provide CITY's estimate of Costs for its acquisition efforts during the following three month period (commencing on the first day of the next month, with the initial budget covering any pro -rata period up to that first day), to assist ACS with planning for expenditures. ACS may inquire of CITY as to the nature and amount of any anticipated Cost, and the Parties shall use reasonable good faith efforts to resolve such questions. c. If the Director of Finance determines that the amount of the actual Costs incurred by CITY for the appraisal and legal fees will be more than the amount of the 9 MCP Agreement between ACS and City deposit, ACS will deposit via funds transfer to CITY's bank for CITY's account, such amounts as the Director of Finance reasonably determines necessary for the acquisition Costs within twenty (20) Days of a written request from the Director of Finance. If the amount of the actual Costs incurred by CITY is less than the amount of the deposit, then CITY will refund the difference to ACS, without interest, within twenty (20) Days following either the close of escrow for acquisition of the MCP subject property interests, notice of the Court's entry of the final order of condemnation, or the determination by CITY, in its sole and exclusive discretion, that the eminent domain proceeding is final and no further rights of appeal are possible. d. Within twenty (20) Days of a written request from the Director of Finance, ACS will deposit via funds transfer with CITY's bank for CITY's account, such amount, either in whole or in part, as CITY reasonably determines is the probable just compensation for the particular MCP subject property interests, and closing costs, in excess of any funds already deposited by ACS. ACS understands and acknowledges that such demand may occur at any time after the execution of this Agreement as may be necessary for the deposit of probable compensation pursuant to the Eminent Domain Law at the time of filing an eminent domain proceeding, settlement of the eminent domain proceeding, or to close escrow pursuant to a negotiated purchase and sale agreement. e. In the event ACS does not make the deposits described in this Agreement in the times required by this Agreement, CITY may, at its discretion, pay for the expenses described in this Agreement. ACS agrees that in such event CITY may recover the expenses from the approximate $750,000.00 funds in the City Capital Project Reserves allocated for improvement of MCP; provided, however, that nothing in this Agreement shall preclude ACS from drawing down on such funds at any time as provided in the Owner Participation Agreement between ACS and the Redevelopment Agency of the City of Temecula dated February 12, 2002. 11. Default. a. Default of ACS shall include, but not be limited to, ACS's failure to timely complete construction of the improvements as provided in Section 22; ACS's failure to timely cure any defect in the improvements; ACS's failure to perform substantial construction work for a period of twenty (20) Days, weather permitting, after commencement of the work; ACS's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which ACS fails to discharge within thirty (30) Days; or ACS's failure to perform any other obligation under this Agreement. b. Default of CITY shall include, but not be limited to, CITY's failure to timely accept the improvements for maintenance after the City Engineer's certification of their completeness or CITY's failure to perform any other obligation under this Agreement. c. The CITY and ACS each reserves to itself all remedies available at law or in equity for breach of obligations under this Agreement. Each Party shall have the right to apply to a court to enjoin any breach of this Agreement as set forth in 10 MCP Agreement between ACS and City Section 21(a), and to specific performance as set forth in Section 21(b). Subject to the notice and cure provisions of Section 11(d) and the dispute resolution procedures of Section 21(a), CITY shall have the right to draw upon or utilize the appropriate security to mitigate CITY damages and complete the public improvements in accordance with the Approved Plans in the event of default by ACS. 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. The Estimated Cost and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages if ACS defaults in completing the improvements shall be measured by CITY's cost of completing such improvements. d. In the event of ACS's default under this Agreement, CITY shall provide written notice to ACS and its surety describing the default and the steps required for ACS to bring itself into compliance. If, within twenty (20) Days after such notice, ACS does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then ACS shall be deemed to be in default hereunder. In that event, ACS authorizes CITY to perform the obligation specified in the notice, and agrees to pay the cost of such performance by CITY. e. In the event of CITY's default under this Agreement, ACS shall provide written notice to CITY describing the default and the steps required for CITY to bring itself into compliance. If, within twenty (20) Days after such notice, CITY does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then CITY shall be deemed to be in default hereunder. In that event, ACS may pursue all remedies available to it at law or in equity for breach of CITY's obligations under this Agreement. f. If in CITY's reasonable judgment, the nature of an uncured default by ACS warrants it, CITY may take over the work and prosecute it to completion by contract or by any other method CITY may deem advisable. CITY's action shall be for the account and at the expense of ACS, and ACS's surety shall be liable to CITY to the extent of any applicable security. In such event and in order to complete the work, CITY, without liability for so doing, may take possession of and utilize such materials, appliances, plant and other property belonging to ACS as may be on the site of the work and necessary for the performance thereof. 9. The failure of either ACS or 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 the other Party, as further set forth in Section 28. h. The time for performance of any obligation under this Agreement may be extended by the mutual agreement of the Parties. The City Manager and any officer of ACS are authorized to execute any such agreement on behalf of their respective parties. A Party shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes and 11 MCP Agreement between ACS and City other labor difficulties beyond the Party's control, and (as to ACS) laws (including voter initiative or referenda, moratoria, and judicial decisions) occurring within or affecting development within the City of Temecula. 12. Warranty. a. ACS shall cause its contractor for the MCP improvements to warranty the work done pursuant to this Agreement against any defective work or labor done or defective materials furnished for a period of one year after final acceptance of the work and improvements by the City Council as provided in Section 20. The warranty shall be in favor of CITY and ACS. To the extent that any improvements are to be constructed in phases or sections, the one-year warranty period shall commence after CITY's 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 ACS's contractor fails to fulfill any of the requirements of this Agreement or the Approved Plans, ACS shall promptly and without cost to CITY, cause its contractor to repair, replace or reconstruct such part or parts of the work. If ACS fails to act promptly and in accordance with this requirement, CITY may provide a notice of default to ACS as set forth in Section 11(d) and, in the event ACS fails to cure such default, perform the work itself as authorized by such Section. If CITY reasonably determines that an urgent circumstance requires repairs or replacements to be made in order to protect public health and safety before ACS can be notified, CITY may make the necessary repairs or replacement or perform the necessary work and ACS shall reimburse CITY for the cost of such work. As with any other dispute hereunder, either Party may initiate a dispute resolution proceeding as set forth in Section 21(a) as to a dispute concerning their respective rights or obligations under this Section 12. b. ACS shall cause its contractor for the MCP improvements to warranty the work done on the private properties located adjacent to MCP and owned by the respective Members of the Association ("Members") in connection with the construction and improvement of MCP in accordance with the Approved Plans against any defective work or labor done or defective materials furnished for a period of one year after final acceptance of the work and improvements by the City Council as provided in Section 20. The warranty shall be in favor of CITY and ACS. CITY will provide notice to the Association regarding this provision so that the Association can notify the Members pursuant to the City -Association Agreement. If within the one-year 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 ACS's contractor on such private properties pursuant to the Approved Plans fails to fulfill any of the requirements of the Approved Plans, Members may notify CITY in writing. The CITY will notify ACS of the claim and provide ACS with the opportunity to investigate and respond. If after due consideration, CITY determines that the claim comes within the scope of the warranty provided herein, it will notify ACS and the affected Member(s) of such determination. ACS will promptly and without cost to said Member(s), cause its contractor to repair, replace or reconstruct such part or parts of the work on such private properties, subject to receiving approval to enter from the affected Member(s). If ACS fails to act 12 MCP Agreement between ACS and City promptly and in accordance with this requirement, CITY may provide a notice of default to ACS as set forth in Section 11(d) and, in the event ACS fails to cure such default, perform the work itself as authorized by such Section upon approval from the Members to enter their respective private property to correct any such work. 13. Indemnification. Except to the extent of the negligence or willful misconduct of CITY, Redevelopment Agency of the City of Temecula, its agents, officers, attorneys, and employees (each an "Indemnified Person" and collectively, "Indemnified Persons"), ACS shall indemnify, defend with legal counsel of CITY's reasonable approval, and hold harmless the Indemnified Persons from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties during the warranty period described in Section 12 and alleging that the Indemnified Person and/or Indemnified Persons are liable for such damages caused during such period as a direct or indirect result of ACS's construction of the improvements or other performance under this Agreement. ACS's obligation to indemnify is subject to and conditioned upon the Indemnified Person's timely written request to ACS to defend and/or indemnify. Any such request shall be made immediately upon such Indemnified Person's becoming aware of a claim which could reasonably give rise to ACS's obligations under this Section. 14. Insurance. ACS shall cause its contractor to procure and maintain, for the duration of the contract for the construction and improvement of MCP, insurance against claims for injuries to persons or damages to property, which may arise from performance by the Contractor, its sub -contractors, agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: i) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. iii) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: i) General Liability: two million ($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. 13 MCP Agreement between ACS and City ii) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. iii) Worker's Compensation as required by the State of California; Employer's Liability: Two million dollars ($2,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, Redevelopment Agency of the City of Temecula, their respective agents, officers, officials, attorneys, employees, and volunteers; or the Contractor 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: i) In addition to ACS and such other persons it may specify, the City of Temecula, Redevelopment Agency of the City of Temecula, the Association, each of their respective officers, officials, attorneys, and employees, and the Members of the Association that own the real property interests abutting Motor Car Parkway that are the subject of the Conveyance Documents (collectively "Insured Parties"), shall be covered as insureds, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. ii) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Insured Parties. Any insurance or self-insured retention maintained by the Insured Parties shall be excess of the Contractor's insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Insured Parties. iv) The Contractor'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. v) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) Days' prior written notice to CITY. vi) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall promptly notify CITY by phone or fax and via 14 MCP Agreement between ACS and City certified mail, return receipt requested, of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to CITY. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish 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 CITY. All endorsements are to be received and approved by CITY before work commences. As an alternative to CITY's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 15. Mechanic's and Materialmen's Liens. If any mechanic's or materialmen's lien, or any other item whatsoever, stemming from the activities of ACS and/or its contractors or subcontractors is filed or recorded against Motor Car Parkway or any property comprising the MCP subject property interests or common areas, then, within twenty (20) days of learning of such lien, ACS shall cause, at the sole expense of ACS or its contractor, said lien to be removed from Motor Car Parkway or such subject property interests, or shall provide and record a release bond pursuant to provisions of California Civil Code Section 3143. If ACS fails to remove or bond around any such lien within such twenty (20) day period, CITY shall remove said lien and ACS shall reimburse CITY for any of the Costs incurred by CITY to remove said lien. 16. Relationship of the Parties. Nothing in this Agreement shall be construed to create an association, joint venture, trust or partnership, or impose a trust or partnership, or to impose a trust or partnership covenant, obligation or liability on orwith regard to any one or more of the Parties. Each Party shall be responsible for its own covenants, obligations and liabilities as herein provided. No Party or group of Parties shall be under the control of or deemed to control any other Party or the Parties as a group. Except as expressly provided in this Agreement, no Party shall be the agent of or have a right or power to bind any other Party without its express consent. 17. Injury to Work. Until such time as the improvements are accepted by CITY as provided in Section 20, ACS shall be responsible for and bear the risk of loss to any of the improvements constructed or installed hereunder, and for the care, maintenance of, and any damage to such improvements. Except for circumstances involving the negligence or willful misconduct of CITY or any officer or employee thereof, neither CITY nor any of its officers or employees shall be liable or responsible for any accident, loss or damage to the improvements specified in this Agreement prior to the completion and acceptance of such improvements. Nothing in this Section shall preclude ACS from seeking contribution or indemnity for any accident, loss or damage concerning the improvements from another person or entity not a Party to this Agreement.Obligation to Warn Public During Construction. Until final acceptance of the improvements as provided in Section 20, ACS shall give reasonable warning to the public of any dangerous condition therein, and shall take reasonable actions to protect the public from such dangerous condition. 15 MCP Agreement between ACS and City 19. Vesting of Ownership. Upon acceptance of the work on behalf of CITY as provided in Section 20 and recordation of a notice of completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 20. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within thirty (30) Days from the date the City Engineer certifies that the work has been completed, as provided in Section 5. Such acceptance shall not constitute a waiver of defects by CITY. 21. Dispute Resolution. a. Procedures. CITY and ACS shall have the right to apply to a court to enjoin any breach of this Agreement. Excepting the right to seek such relief, all claims and matters in question arising out of this Agreement, whether sounding in contract, tort or otherwise, shall be resolved through use of the alternative dispute resolution procedures set forth in Exhibit "C" and incorporated here by reference. b. Specific Performance. CITY and ACS have invested significant time and resources and performed extensive planning in agreeing to the terms of this Agreement and will be investing even more significant time and resources in performing obligations pursuant to this Agreement. It is not possible to determine the sum of money, which would adequately compensate either Party for its efforts in connection with this Agreement. For the above reasons, CITY and ACS agree that damages would not be an adequate remedy if a Party fails to carry out its obligations under this Agreement and that each Party shall have the right to seek and obtain specific performance as a remedy for breach of this Agreement. c. Remedies Cumulative. Subject to the provisions of Section 21.a. and Exhibit "C" concerning alternative dispute resolution, the rights and remedies provided in this Agreement shall not be exclusive but shall, to the extent permitted by law, be cumulative and in addition to all other rights and remedies existing at law, in equity or otherwise, except those rights and remedies which have been waived. 22. Condition Precedent; Time for Completion of Work. a. ACS. As conditions precedent to the performance required of ACS hereunder to contract for, commence, insure, warrant or otherwise take steps to improve MCP: (i) the closing shall have occurred under the City -Association Agreement; (ii) CITY shall have paid to ACS the $400,000 CITY receives from Association at such closing to be used by ACS towards the costs of improving MCP to CITY's standards; and (iii) CITY shall have obtained any remaining MCP subject property interests not recorded with the referenced closing in order for ACS to commence the work required hereunder, whether through voluntary conveyance, judgment in eminent domain or an order for prejudgment possession. CITY shall certify to ACS the date of the satisfaction of these conditions precedent within ten (10) Days after their aggregate completion. CITY's certification shall constitute a representation and warranty that CITY has obtained all necessary MCP subject property interests required for ACS to perform the work described in the Approved Plans. If such conditions precedent have not been satisfied by 16 MCP Agreement between ACS and City December 30, 2011, ACS shall have the right to terminate this Agreement upon twenty (20) Days' notice to CITY. Any such termination by ACS does not terminate ACS's obligations under Section 9 above. ACS shall complete construction of the improvements required by this Agreement within twenty-four (24) months after the date of satisfaction of such conditions precedent. In the event good cause exists as determined by the City Engineer in his reasonable discretion, the time for completion of the improvements may be extended. The extension shall be made in writing executed by the City Engineer. Any such extension may be granted without notice to ACS's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. For example only and not by way of limitation, delay resulting from an act of CITY, Association or a Member, or by an act of God such as storms or inclement weather which prevent the conducting of work, shall constitute good cause for an extension of time for completion. As a condition of such extension, the City Engineer may require ACS to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as reasonably necessary to compensate for any increase in construction costs. b. CITY. As conditions precedent to the performance required of CITY to accept the improvements to MCP as set forth in Section 2.c.: (i) the closing shall have occurred under the City -Association Agreement; (ii) CITY shall have obtained any remaining MCP subject property interests not recorded with the referenced closing and necessary for ACS to commence the work required hereunder, whether through voluntary conveyance, judgment in eminent domain or an order for prejudgment possession; and (iii) ACS shall have constructed the improvements as described in Section 1.a. and the City Engineer shall have made the certification described in Section 5. 23. Notices. a. Manner of Giving Notice. All notices required or provided for under this Agreement shall be in writing and delivered in person, or sent by first-class mail, certified mail (return receipt requested), or overnight delivery. b. Address for Notices. Notices to CITY shall be addressed as follows: Greg Butler Director of Public Works\City Engineer City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon 355 S. Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 17 MCP Agreement between ACS and City Notices to ACS shall be addressed as follows: Art Tyre Divisional Vice President, U.S. and Puerto Rico Manufacturing Operations Abbott Cardiovascular Systems, Inc. 26531 Ynez Road Temecula, CA 92591-4630 With a copy to: Susan L. Walker Division Counsel Abbott Cardiovascular Systems, Inc. 3200 Lakeside Drive Mailstop S-315 Santa Clara, CA 95054-2807 And with a copy to: Law Office Michael R. Woods, A Professional Corporation 18880 Carriger Road Sonoma, CA 95476-6246 c. Effective Date of Notices. When personally delivered to the recipient, notice is effective on delivery. When mailed first class, postage prepaid, to the last address of the recipient known to the Party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt. When delivered by overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service. d. Undeliverable Notice. A correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the Party to be notified shall be deemed effective as of the first date that such notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service. e. Change of Address. A Party may change its address for notices by giving notice in writing to the other Party as required herein. Thereafter, notices shall be sent to the new address. 24. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. This Agreement supersedes all previous negotiations, discussion and agreements between the Parties with respect to the subject matter hereof, and no parole evidence of any prior or other agreement shall 18 MCP Agreement between ACS and City be permitted to contradict or vary the terms hereof. Notwithstanding the foregoing, the Development Agreement remains in full force and effect; provided, however, that the Approved Plans are deemed compliant therewith as set forth in Recital "G" hereof. Additionally, the Owner Participation Agreement entered into by the Redevelopment Agency of the City of Temecula and ACS dated February 12, 2002, remains in full force and effect. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement. 25. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. A reference to a particular person, entity or Party shall include successors in interest to such person, entity or Party. The Parties agree that the laws of the State of California shall govern the construction and implementation of this Agreement. 26. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any circumstance, shall at any time or to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application thereof to circumstances other than those as to which it is held invalid or unenforceable, shall be valid and enforceable, to the fullest extent permitted by law, and interpreted in the manner most consistent with effectuating the Parties' intent. 27. Ambiguities. Each Party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. 28. Waiver; Modification. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. In addition to a waiver, any modification or amendment to the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties. In the case of CITY, the appropriate representative to execute a waiver, modification or amendment shall be the City Manager. 29. Headings. The headings in this Agreement are included for convenience only and shall not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties. 30. Non -Recourse Obligations. The obligations of each Party under this Agreement shall be without recourse to any Party's Affiliates or its or their Representatives, shareholders, partners or members. As used in this Agreement, "Affiliate" means any other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the Party specified. For purposes of the foregoing, "control," "controlled by" and "under common control with," with respect to any Party, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Party, whether through the ownership of voting securities, partnership or member interests, by contract or otherwise. "Representative" 19 MCP Agreement between ACS and City means, with respect to a particular entity, any director, officer, manager, employee, agent, consultant, advisor, accountant, financial advisor, legal counsel or other representative of that entity. 31. Assignment. This Agreement shall be binding upon, and inure to the benefit of, each of the Parties and their respective successors and permitted assigns. Neither Party shall assign this Agreement or its rights or interests hereunder without the prior written consent of the other Party, which consent may not be unreasonably withheld, except that ACS may enter into assignments and related transactions for purposes of Affiliate transfers. 32. Usage. Unless the context clearly requires otherwise: a. the plural and singular numbers shall each be deemed to include the other; the masculine, feminine and neuter genders shall each be deemed to include the others; "shall," "will" or "agrees" are mandatory, and "may" is permissive; b. reference to a Party includes such Party's successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Party or any individual person in a particular capacity excludes such Party or person in any other capacity or individually; c. reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and including, with respect to an agreement, any operating memoranda entered into thereunder; d. reference to any legal requirement means such legal requirement as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder, and reference to any section or other provision of any legal requirement means that provision of such legal requirement from time to time in effect and constituting the substantive amendment, modification, codification, replacement or reenactment of such section or other provision; e. "hereunder," "hereof," "hereto," and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; f. "including" (and with correlative meaning "include") means including without limiting the generality of any description preceding such term; g. "or" is used in the inclusive sense of "and/or"; h. with respect to the determination of any period of time, "from" means "from and including" and "to" means "to but excluding"; and references to documents, instruments or agreements shall be deemed to refer as well to all addenda, exhibits or schedules thereto. 20 MCP Agreement between ACS and City 33. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 34. Counting Days. "Days" shall mean calendar days, not business days, and shall be counted by excluding the first day and including the last day, unless the last day is a Saturday, a Sunday or a legal holiday, and then it shall be excluded. Any act required by this Agreement to be performed by a certain day shall be timely performed if completed before 5:00 p.m. local time on that date. If the day for performance of any obligation under this Agreement is a Saturday, a Sunday or a legal holiday, then the time for performance of that obligation shall be extended to 5:00 p.m. local time on the first following day that is not a Saturday, Sunday or legal holiday. As used in this Section, "legal holiday" means those days observed as holidays by the City of Temecula (excluding floating and half-day holidays) pursuant to Temecula MUNICIPAL CODE Section 2.32.010. 35. Recitals. Each recital set forth at the beginning of this Agreement is incorporated here by reference, as though fully set forth herein, and agreed by the Parties to be true and correct. 36. Third Party Beneficiaries. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in any person. All provisions hereof are for the exclusive benefit of CITY and ACS. No provision hereof shall be construed to benefit or be enforceable by any third party. 37. Counterparts; Duplicate Originals. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. This Agreement may also be executed in duplicate originals for each Party, and each such document shall constitute an original Agreement. 38. Necessary Acts. The Parties shall execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed as follows: [SIGNATURES ON NEXT PAGE] 21 MCP Agreement between ACS and City ABBOTT CARDIOVASCULAR SYSTEMS, CITY OF TEMECULA, a municipal INC. corporation Dated: By: Name: Title: Dated: Ron Roberts, Mayor Dated: ATTEST: By: Dated: Name: Susan W. Jones, MMC Title: City Clerk (Notarial acknowledgements attached.) RECOMMENDED FOR APPROVAL: Dated: Greg Butler Director of Public Works/City Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: Dated: Dated: 22 MCP Agreement between ACS and City Peter M. Thorson City Attorney EXHIBIT "A" APPROVED STREET IMPROVEMENT PLANS FOR MOTOR CAR PARKWAY 1 MCP Agreement between ACS and City I® F 1 8 II IN It 1 11114 PiPtk 4 Mfg %PR Itte qtki 4 I Cjt Q 2 R 4 R �t Zs: w r w ii ' fi y ! 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LINE S7A 1J#60 S1/"£ SAT f tlat 8 8 agog 8 r,rxa (4,,O asa (IM,0000 8 a rout) Lva MAIM) L4 WO/ /I atm.. ra Ml � M, OIYO'IfCIIpCTIO A 8 B 8 g 8 8 A NAS MY IMILA r mare 1 8 8 A 8 A A 8 rsi Cli MI We El 8 MS il�� mg id t i 8°%k �� i;� 4 1 tr i, t ;R ala i 1 41 all IAA a 1 OP tUPI V ; 1 844 a sa44 4 8g 1 ifA 4•40 1 b tl S' 0 N or, 0, r 1.4 • c IIIl 1 !MOMS BLIAMR0 • • 0 I ! 1 °i! ri , 4I 1 1 1 tl i 1 i` j ,u w«dear rl I , _ __ 1 \ 11 11,.../....n. -1.r. ,....,,,,,,,,,..04% . .10.11..........._.._,_.____O 7„....4.."..0 0........_:::.i.1141:711".............:,......1....... ........,........... .... initaTiNS INM1742 ETA3D11.10511 1 Iji—n t� uvnmvtetu aamsrs+es $ � 1 !! illi 11 itt it Ilk 4 p i it id 4l !II i ii0� 411 iii:gI. 00 9 " i 'a I I; lk 4 1 1 3 4' p iii 4 1; J RI RI R 4% t2 a i 0;11! u N a amoe 990 990994 a P q S i ai 4.4 IJ r A h C ' ti gA ittnti 1 I_ � i .xµt t, MOW i aar INC —12.17. maw AN .1417 AvnS,o ea 1111111.1111 i glit r I IMH a spa 1111 ipmlig i a ■ Lm t itrI D : ;‘4'.; _—_c me,N IX' MIMI, WIZ i I_ � i .xµt t, MOW i aar INC IINsu AN .1417 AvnS,o ea 1111111.1111 I IMH IlMitililtialia 1111 A ■ i 11 I t oh a 1 1 II g EXHIBIT "B" ESTIMATED COST OF IMPROVEMENTS 1 MCP Agreement between ACS and City Motor Car Parkway Street Project Cost Estimate 05/31/2011 No. Description Quan. Unit Bid $ Item Total misc 1 Mobilization 1 LS 11000 11000.00 2 soils testing 1 LS 10000 10000.00 3 survey 1 LS 6000 6000.00 4 Traffic control plans, devices & implementation 1 LS 22000 22000.00 Demo subtotal: 49000.00 5 Clearing and grubbing 1 LS 18700 18700.00 6 demo & disposal of median curb 1,800 LF 2.2 3960.00 7 demo & disposal a.c. @5" = 1900 tons 60,650 SF 0.55 33357.50 8 demo & disposal brick pavers @8"=530 cy 21,650 SF 0.99 21433.50 9 Excavation of unclassified subgrade material & haul off to legal dump site 2250 Cy 30 67500.00 driveways subtotal: 144951.00 10 d-way - demo grade install pcc & a.c. 12+12.26(nissan) 1 LS 10780 10780.00 11 d-way - demo grade install pcc & a.c. 18+21.33(nissan) 1 LS 13860 13860.00 12 d-way - demo grade install pcc & a.c. 15+96.89(nissan) 1 LS 12210 12210.00 16 d-way - demo grade install pcc & a.c. 13+02.02(DCHstorage) 1 LS 12100 12100.00 17 demo drive & install curb11+80(DCHstorage) 1 LS 1070 1070.00 18 d-way - demo grade install pcc & a.c. 13+01.44(Strip mall) 1 LS 13090 13090.00 19 d-way demo grade & install pcc (Abbott parking garage) 1 LS 6490 6490.00 storm drain subtotal: 69600.00 20 Demo existing catch basins 2 EA 2750 5500.00 21 R&R 18"hdpe w 18" rcp 150 LF 93.5 14025.00 22 Construct new 24"rcp 17 LF 209 3553.00 23 Construct new 18"rcp 46 LF 88 4048.00 24 construct cleanout 1 EA 4950 4950.00 25 construct catch basin _ 2 EA 5280 10560.00 surface improvements subtotal: 42636.00 26 Derno existing, grade & install 6" curb 620 LF 28.6 17732.00 27 Demo existing, grade & install 6" curb & gutter 1870 LF 32 59840.00 28 Demo existing, grade & install 4" pcc sidewalk 9350 SF 7.15 66852.50 28 Furnish & install 5.5" on 12" CAB (Includes adjustment of Manholes & valves) 72,200 SF 5.06 365332.00 26 Grind & overlay existing asphalt for transition 1,100 SF 2.2 2420.00 30 Finish streetlight @ Ynez (Lekos) Previously contracted through Swincrton 1 LS 16500 16500.00 31 Install street light conduits (poles & bases not included Edison's scope) 1,600 LF 25 40000.00 31 Furnish install signage & striping 1 LS 9350 9350.00 32 Landscape & irrigation repairs 1 LS 8500 8500.00 subtotal: 586526.50 GEN. CONTR. SUB TOTAL $ 892,713.50 ADD PREVAILING WAGE $ 48,000.00 GENERAL CONTRACTOR TOTAL $ 940,713.50 other costs 33 SWPPP (erosion control, fees and report) 1 LS $ 34,000 $ 34,000 34 Pre-Construction Soils Testing 1 LS $ 10,000 $ 10,000 35 Excel Civil engineering Coordination 1 LS $ 11,200 $ 11,200 36 Program Management /FTS Support 1 LS $ 60,000 $ 60,000 37 Edison Light poles (7) 7 EA $ 3,500 $ 24,500 38 Traffic pole allowance 1 EA $ 20,000 $ 20,000 39 Signal design allowance 1 LS $ 4,000 $ 4,000 40 City As Buiits 1 LS $ 3,000 $ 3,000 41 Landscaping allowance 1 LS $ 11,000 $ 11,000 subtotal: $ 177,700.00 TOTAL COST W/O CONTINGENCY $ 1,118,413.50 CONTINGENCY @ 10% $ 111,841.35 PROJECT GRAND TOTAL $ 1,230,254.85 ASSUMPTIONS: 1. Assumes constriction starts before October 1. If not, additional rain delay costs to be factored. 2. Bond fee costs (2%) are about $25,000 (letter of credit Is an option) Not included in cost estimate 3: Assumes Toyota driveways are not replaced as shewh on approved plane. 4. Edison light pole costs are estimates ($3,500 per pole) need Edison proposal. 5. Assume current approved permit plans apply (permits expire on 9/24/11) 6. Assume 13 week construction duration 7. Assumes 5 day work week (7 AM till 4 PM) EXHIBIT "C" ALTERNATIVE DISPUTE RESOLUTION The Parties recognize that from time to time a dispute may arise relating to either Party's rights or obligations under this Agreement. The Parties agree that any such dispute shall be resolved by the Alternative Dispute Resolution ("ADR") provisions set forth in this Exhibit, the result of which shall be binding upon the Parties. To begin the ADR process, a Party first must send written notice of the dispute to the other Party for attempted resolution by good faith negotiations between their respective presidents (or their designees) of the affected subsidiaries, divisions, or business units within twenty-eight (28) Days after such notice is received (all references to "Days" in this ADR provision are to calendar Days). If the matter has not been resolved within twenty-eight (28) Days of the notice of dispute, or if the Parties fail to meet within such twenty-eight (28) Days, either Party may initiate an ADR proceeding as provided herein. The Parties shall have the right to be represented by counsel in such a proceeding. 1. To begin an ADR proceeding, a Party shall provide written notice to the other Party of the issues to be resolved by ADR. Within fourteen (14) Days after its receipt of such notice, the other Party may, by written notice to the Party initiating the ADR, add additional issues to be resolved within the same ADR. 2. Within twenty-one (21) Days following the initiation of the ADR proceeding, the Parties shall select a mutually acceptable independent, impartial and conflicts -free neutral to preside in the resolution of any disputes in this ADR proceeding. If the Parties are unable to agree on a mutually acceptable neutral within such period, each Party will select one independent, impartial and conflicts -free neutral and those two neutrals will select a third independent, impartial and conflicts -free neutral within ten (10) Days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either Party, its subsidiaries or affiliates. 3. No earlier than twenty-eight (28) Days or later than fifty-six (56) Days after selection, the neutral(s) shall hold a hearing to resolve each of the issues identified by the Parties. The ADR proceeding shall take place at a location agreed upon by the Parties. If the Parties cannot agree, the neutral(s) shall designate a location other than the principal place of business of either Party or any of their subsidiaries or affiliates. 4. At least seven (7) Days prior to the hearing, each Party shall submit the following to the other Party and the neutral(s): (a) a copy of all exhibits on which such Party intends to rely in any oral or written presentation to the neutral; (b) a list of any witnesses such Party intends to call at the hearing, and a short summary of the anticipated testimony of each witness; (c) a proposed ruling on each issue to be resolved, together with a request for a specific damage award or other remedy for each issue. The proposed rulings and 1 MCP Agreement between ACS and City remedies shall not contain any recitation of the facts or any legal arguments and shall not exceed one (1) page per issue. The Parties agree that neither side shall seek as part of its remedy any punitive damages. (d) a brief in support of such Party's proposed rulings and remedies, provided that the brief shall not exceed twenty (20) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding. Except as expressly set forth in subparagraphs 4(a) - 4(d), no discovery shall be required or permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents. 5. The hearing shall be conducted on two (2) consecutive Days and shall be governed by the following rules: (a) Each Party shall be entitled to five (5) hours of hearing time to present its case. The neutral shall determine whether each Party has had the five (5) hours to which it is entitled. (b) Each Party shall be entitled, but not required, to make an opening statement, to present regular and rebuttal testimony, documents or other evidence, to cross-examine witnesses, and to make a closing argument. Cross-examination of witnesses shall occur immediately after their direct testimony, and cross-examination time shall be charged against the Party conducting the cross-examination. (c) The Party initiating the ADR shall begin the hearing and, if it chooses to make an opening statement, shall address not only issues it raised but also any issues raised by the responding Party. The responding Party, if it chooses to make an opening statement, also shall address all issues raised in the ADR. Thereafter, the presentation of regular and rebuttal testimony and documents, other evidence,.and closing arguments shall proceed in the same sequence. (d) Except when testifying, witnesses shall be excluded from the hearing until closing arguments. (e) Settlement negotiations, including any statements made therein, shall not be admissible under any circumstances. Affidavits prepared for purposes of the ADR hearing also shall not be admissible. As to all other matters, the neutral(s) shall have sole discretion regarding the admissibility of any evidence. 6. Within seven (7) Days following completion of the hearing, each Party may submit to the other Party and the neutral(s) a post -hearing brief in support of its proposed rulings and remedies, provided that such brief shall not contain or discuss any new evidence and shall not exceed ten (10) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding. 7. The neutral(s) shall rule on each disputed issue within fourteen (14) Days following completion of the hearing. Such ruling shall adopt in its entirety the proposed ruling and remedy of one of the Parties on each disputed issue but may adopt one Party's proposed rulings and remedies on some issues and the other Party's proposed rulings and remedies on 2 MCP Agreement between ACS and City other issues. The neutral(s) shall not issue any written opinion or otherwise explain the basis of the ruling. 8. The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing Party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows: (a) If the neutral(s) rule(s) in favor of one Party on all disputed issues in the ADR, the losing Party shall pay 100% of such fees and expenses. (b) If the neutral(s) rule(s) in favor of one Party on some issues and the other Party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the Parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the Party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses. 9. The rulings of the neutral(s) and the allocation of fees and expenses shall be binding, non -reviewable, and non -appealable, and may be entered as a final judgment in any court having jurisdiction. 10. Except as provided in paragraph 9 or as required by law, the existence of the dispute, any settlement negotiations, the ADR hearing, any submissions (including exhibits, testimony, proposed rulings, and briefs), and the rulings shall be deemed confidential information. The neutral(s) shall have the authority to impose sanctions for unauthorized disclosure of confidential information. 11. All ADR hearings shall be conducted in the English language. 3 MCP Agreement between ACS and City Item No. 16 Approvals City Attorney Director of Finance City Manager (10L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 14, 2011 SUBJECT: Second Amendment to Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2010-2011 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve a Second Amendment to Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2010-2011 in the amount of $25,000 for a total agreement of $120,000. BACKGROUND: On June 22, 2010, the City Council approved an agreement in the amount of $65,000; on March 22, 2011, the City Council approved a First Amendment in the amount of $30,000 for Landscape Plan Check and Inspection Services for fiscal year 2010-11. The City now desires to increase the amount by $25,000 due to the amount of applications being processed for residential landscaping of Paseo Del Sol, Harveston and Redhawk. Community Development Department's Planning Division has, for the past sixteen years, utilized the services of a landscape architectural firm to provide plan check and inspection services. The Planning Department requires the services of a licensed Landscape Architect for their expertise in utilization of appropriate plant types to be used in our climatic region, for calculations of project site landscape water budget, and irrigation system design. The licensed Landscape Architect is also utilized for their professional inspection of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage and plant installation. FISCAL IMPACT: Appropriate funds are budgeted in the FY 2010-2011 Planning Department Consulting Services' line item. All consultant fees will be paid by applicants and depostied into the City's General Fund in accordance with the approved fee schedule shown in Exhibit "B" of the original agreement. ATTACHMENTS: Second Amendment to Agreement for Landscape Plan Check and Inspection Services SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BLANCA Y. PRICE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS SECOND AMENDMENT is made and entered into as of June 14, 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Blanca Y. Price, a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Landscape Plan Check and Inspection Services", in the amount of $65,000. b. On March 22, 2011, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Landscape Plan Check and Inspection Services," to increase the payment in the amount of $30,000. c. The parties now desire to increase the payment in the amount of $25,000, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall not exceed Twenty Five Thousand Dollars ($25,000), for additional Landscape Plan Check and Inspection Services for a total Agreement amount of One Hundred Twenty Thousand Dollars ($120,000). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Blanca Y. Price (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: Blanca Y. Price, Owner Peter M. Thorson, City Attorney CONSULTANT Blanca Y. Price 39140 Del Sol Court Murrieta, CA 92562 951-837-3234 Phone FSM Initials: Date: oc-// /' 2 Item No. 17 Approvals City Attorney Director of Finance City Manager Po -r- '414 OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 14, 2011 SUBJECT: Resolution Adopting Fiscal Year 2011-2012 Solid Waste Rates PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2011-2012 BACKGROUND: Pursuant to the existing solid waste franchise agreement with CR&R, Incorporated, the rates charged for refuse collection and recycling for residential and commercial services in the City of Temecula are subject to annual review and modification. The franchise agreement provides for adjustments based upon changes in the Consumer Price Index (CPI) and the #2 Diesel Fuel Index (both provided by the U.S. Department of Labor), and changes to the Riverside County landfill tip fees. For the FY2011-2012 CR&R rate, the annual average CPI as reported by the U.S. Department of Labor Bureau of Labor Statistics -Los Angeles -Riverside -Orange Counties for All Urban Consumers increased by 1.2% compared to the annual average CPI in 2009. In calendar year 2010 the #2 Diesel Fuel Index increased by 29.13% compared to the 2009 annual average. The County of Riverside Waste Management Department did not increase their tip fee for FY 2011-2012. Based on a combination of a Consumer Price Index formula, Diesel Fuel Cost and land fill tipping fees the solid waste residential and commercial rates will increase by approximately 2.3% or from $18.08 currently to $18.50 monthly for residential customers. Commercial rates vary based on the amount of solid waste collected but will increase at a rate of approximately 2.3%. The attached Exhibit "D" reflects the new rates for solid waste collection for all collection services to become effective July 1, 2011. FISCAL IMPACT: No additional costs will be borne by the City of Temecula since these services are paid for directly by the customers receiving the services. ATTACHMENTS: Resolution Revised Exhibit "D" Consumer Price Index - U.S. Department of Labor #2 Diesel Fuel Data - U.S. Department of Labor RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2011-2012 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula (the "City") and C R & R Incorporated (The "Grantee") entered into an exclusive agreement on May 28, 1991 for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/roll off services in the City. A. The franchise agreement provides for periodic rate adjustments based on certain predefined criteria, specifically the annual average change in Consumer Price Index ("CPI"), and to No. 2 Diesel Fuel Index and the Riverside County landfill tipping fee adjustments. B. The franchise agreement further provides a formula to calculate the fee adjustments to be made to the agreement on an annual basis using the following factors: 1 The CPI annual average adjustment of 1.20% will be used for Fiscal Year 2011-2012 rates. 2. The #2 Diesel Fuel Index adjustment of 29.13% will be used for Fiscal Year 2011-2012 rates. 3. The County of Riverside Waste Management Department landfill tip fee will not change for Fiscal Year 2011-2012. C. The franchise agreement provides that the solid waste fee adjustments are to be adopted by the City Council by Resolution. Section 2. That the City of Temecula approves the solid waste fee adjustments as shown in Exhibit "D" for fiscal year 2011-2012. Section 3. The City Clerk shall certify to the passage and adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 2011) 1 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate: $ 18.50 2 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate: $ 18.50 3 Mechanized single family detached residential additional refuse, and composting container grantee billing Monthly Rate: $ 7.95 4 Single family detached residential additional bulky item pick up - grantee billing Pick Up Rate: $ 9.45 5 Commercial. industrial, and multi -family residential refuse monthly bin rates ( one 2 cubic yard bin) with the following pick ups per week: 1 x week $ 88.00 2 x week $ 176.00 3 x week $ 263.98 4 x week $ 351.98 5 x week $ 439.97 6 x week $ 527.96 7xweek $ 615.95 Compacted 2 Cubic Yard monthly rate: 2.5 x monthly rate 6 Commercial, industrial, and multi -family residential refuse monthly bin rates (one 3 cubic yard bin) with the following pick ups per week: Compacted 3 Cubic Yard monthly: 1 x week $ 101.35 2 x week $ 202.69 3 x week $ 304.01 4 x week $ 405.33 5xweek $ 506.67 6 x week $ 607.99 7 x week $ 709.34 2.5 x monthly rate 7 Commercial, industrial, and multi -family residential recycling monthly bin rates ( one 3 cubic yard bin ) with the following pick ups per week: 1 x week $ 44.76 2 x week $ 89.54 3 x week $ 133.95 4 x week $ 33.74 5 x week $ 179.03 CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 2011) 6 x week $ 268.58 7 x week $ 313.33 8 Commercial, industrial, and multi -family residential refuse monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: 1 x week $ 114.73 2 x week $ 229.45 3 x week $ 344.16 4 x week $ 458.88 5xweek $ 573.60 6 x week $ 688.30 7 x week $ 803.03 Compacted 4 Cubic Yard monthly rate: 2.5 x monthly rate 9 Commercial, industrial, and multi -family residential recycling monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: 1 x week $ 59.27 2 x week $ 118.55 3 x week $ 177.82 4xweek $ 237.10 5 x week $ 296.38 6 x week $ 355.66 7xweek $ 414.92 10 Temporary 3 cubic yard bin rate: $ 89.00 11 Extra Temporary or Regular Service pick up: $ 47.47 per pick up (Includes all bin sizes 2, 3 and 4 yards) 12 Redeliver and reinstatement rate: $ 37.10 per occurrence 13 Roll -off Delivery Fee: $ 64.70 per bin 14 Roll -off disposal rate: $ 209.50 MRF/landfill fee 15 Roll -off recycling rate: $ 209.50 plus market value 16 Roll -off compactor rate: $ 291.69 MRF/landfill fee 17 Roll -off recycling compactor rate: $ 291.69 plus market value 18 Scheduled Extra Green Waste pick up (up to 10 bags): $ 10.00 per pick up CITY OF TEMECULA EXHIBIT "D" Schedule of Rates (effective July 1, 201 1) 19 Non -Scheduled Extra Green Waste pick up (up to 10 bags): $ 25.00 20 E -Waste Pick up: no charge 21 "Hard to service" vehicle usage rate: no charge 22 "Hard to service" bin moving rate: no charge 23 Special bin lids (locking/CBL) rate: no charge 24 Deodorizing / replacing bin rate: no charge Bureau of Labor Statistics Data Page 1 of 1 Home I Subject Areas Databasos & Tools A to Z Index I FAQs I About BLS I Contact Us Subscribe to E-mail Updates 00 What's New I Release Calendar 1 Site Map Search BLS.gov Publications I Economic Releases Databases, Tables & Calculators by Subject Change Output Options: ,rom: 112-1-• To: 12011 _J I- include graphs Data extracted on: April 19, 2011 (3:1/:24 PM) Consumer Price Index -All Urban Consumers Series Id: CUURA421SA0 Not Seasonally Adjusted Area: Los Angeles -Riverside -Orange County, CA Item: All items Base Period: 1982-84=100 Download: xi .x I Beta More Formatting Options. FONT SIZE:e m Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2001 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178.4 178.8 178.3 178.1 177.1 177.3 176.5 178.2 2002 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182.2 181.1 183.3 2003 185.2 186.5 188.2 187.6 186.4 186.3 186.3 186.9 188.2 187.8 187.1 187.0 187.0 186.7 187.2 2004 188.5 190.1 191.5 191.9 193.3 193.7 193.4 193.1 194.5 196.3 196.9 195.2 193.2 191.5 194.9 2005 195.4 197.4 199.2 201.1 201.5 200.7 201.4 203.1 205.8 206.9 205.6 203.9 201.8 199.2 204.5 2006 206.0 207.5 208.5 210.5 212.4 211.1 211.4 211.9 212.9 211.4 211.1 210.6 210.4 209.3 211.6 2007 212.584 214.760 216.500 217.845 218.596 217.273 217.454 217.330 217.697 218.696 219.943 219.373 217.338 216.260 218.416 2008 220.918 221.431 223.606 224.625 226.651 229.033 229.886 228.484 227.449 226.159 222.229 219.620 225.008 224.377 225.638 2009 220.719 221.439 221.376 221.693 222.522 223.906 224.010 224.507 225.226 225.264 224.317 223.643 223.219 221.943 224.495 2010 224.610 224.620 225.483 225.916 226.438 225.877 225.991 226.373 226.048 226.794 225.941 226.639 225.894 225.491 226.298 2011 228.652 229.729 232.241 TOOLS Areas at a Glance Industries at a Glance Economic Releases Databases & Tables Maps CALCULATORS Inflation Location Quotient Injury And Illness HELP INFO Help & Tutorials What's New FAQs Careers @ BLS Glossary Find It! DOL About OLS Join our Mailing Lists Contact Us Linking & Copyright Info Freedom of information Act 1 Privacy & Security Statement 1 Disclaimers 1 Customer Survey 1 Important Web Site Notices U.S. Bureau of Labor Statistics I Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www.bls.gov I Telephone: 1-202-691-5200 I TDD: 1-800-877-8339 I Contact Us http://data.bls.gov/cgi-bin/surveymost 4/19/2011 Bureau of Labor Statistics Data Page 1 of 2 Home Beta A to Z Index 1 FAQs 1 About BLS 1 Contact Us Subscribe to E-mail Updates GO What's New 1 Release Calendar 1 Site Map Search BLS.gov ISubject Areas Databases & Tools Publications I Economic Releases Databases, Tables & Calculators by Subject Change Output From: I 7001. 3 To: 2011. Options: 1- include graphs Data extracted on: April 19, 2011 (3:18:27 PM) Producer Price Index -Commodities More Formatting Options.•►. Series Id: WPU057303 Not Seasonally Adjusted Group: Fuels and related products and power Item: No. 2 diesel fuel Base Date: 198200 Down oad: .xis FONT SI7E:, Li Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2001 96.7 92.4 83.5 86.4 93.1 90.2 81.6 82.0 91.6 75.9 71.3 56.2 83.4 2002 58.9 60.0 69.7 76.9 74.7 73.3 77.6 80.4 92.3 98.7 85.5 86.8 77.9 2003 97.6 123.8 129.4 102.3 87.9 89.8 92.7 96.6 91.1 101.1 95.9 98.1 100.5 2004 109.3 103.7 109.7 119.9 121.0 114.2 123.0 135.1 140.9 166.6 159.7 135.3 128.2 2005 141.1 149.5 173.3 175.4 170.8 187.2 189.8 200.6 212.6 264.1 206.2 198.5 189.1 2006 197.1 196.2 206.5 230.4 239.6 246.9 237.5 250.2 201.3 197.5 197.2 203.0 216.9 2007 180.9 193.5 220.2 238.0 226.5 227.6 243.5 231.2 246.2 249.6 296.7 271.9 235.5 2008 278.2 287.5 353.7 365.1 398.2 421.0 431.9 346.7 342.3 281.8 224.1 168.0 324.9 2009 161.6 147.2 139.2 167.4 166.4 191.1 172.8 204.1 193.2 202.8 215.7 205.1 180.6 2010 229.4 206.9 225.5 240.0 235.8 221.8 218.5 231.1 227.7 243.7 255.3 261.7(P) 233.2(P) 2011 270.0(P) 289.2(P) 321.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. TOOLS CALCULATORS HELP INFO http://data.bls.gov/cgi-bin/surveymost 4/19/2011 Item No. 18 Approvals City Attorney Director of Finance City Manager (10L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 14, 2011 SUBJECT: City Council request to the U.S. Department of Housing and Urban Development (HUD) to designate the City of Temecula as an entitlement City for the Community Development Block Grant (CDBG) Program PREPARED BY: Dana Weaver, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO REQUEST THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DESIGNATE THE CITY OF TEMECULA AS AN ENTITLEMENT CITY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BACKGROUND: The Community Development Block Grant (CDBG) was established through the Housing and Community Development Act in 1974. The primary purpose of CDBG funding is the development of viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income. Since 1992 the City of Temecula has participated in the Riverside County Economic Development Agency (EDA) Urban County Entitlement Program in order to receive CDBG funding. The City currently receives CDBG funds as a pass-through from Riverside County. Every three years the US Department of Housing and Urban Development (HUD) requests that each city within an Urban County Entitlement Program determine if they want to continue with local county entitlement or, if eligible, become their own entitlement city per the Housing and Community Development Act. The City of Temecula's current participation agreement with Riverside County expires on June 30, 2012. The City meets the eligible criteria to become an entitlement city and has researched and determined that the City can receive a greater share of CDBG funds by pursuing entitlement status. As an entitlement city, the City of Temecula will receive CDBG funds directly from HUD and will be responsible for all the grant administration. The City must notify both Riverside County and HUD before June 30, 2011, of any decision to proceed with the process to obtain entitlement status. The City will send a Notice of Non - Participation to the agencies once the City Council provides approval to pursue entitlement status. Obtaining entitlement status requires the City to submit specific documentation to HUD, including a five-year Consolidated Plan, an Action Plan, a Citizen Participation Plan, an Analysis of Impediments to Fair Housing, and a Community Needs Assessment. The City has contracted with BBC Research & Consulting to develop these required plans. All final documents must be submitted to HUD no later than May 15, 2012, in order for Temecula to become an entitlement city. Staff will bring all necessary entitlement documents to Council for approval prior to submitting them to HUD. FISCAL IMPACT: The City will receive approximately $600,000 annually in CDBG funds rather than $380,000 currently received by a pass-through from the County of Riverside. This amount will cover the City's cost to administer the entitlement program. Funds in the amount of $29,000 for consulting services to be provided by BBC Research & Consulting has been budgeted for in account number 165.199.999.5250 in the Redevelopment Agency's 2010-2011 Redevelopment Operating Budget to prepare a Consolidated Plan which is a requirement for entitlement city status. ATTACHMENTS: Resolution Letter Regarding Temecula's Notice of Non -Participation Agreement for Consultant Services RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO REQUEST THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DESIGNATE THE CITY OF TEMECULA AS AN ENTITLEMENT CITY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The City currently receives federal Community Development Block Grant (CDBG) funds through an intergovernmental agreement with Riverside County, which is a HUD designated entitlement community; B. Every three years HUD requests each city within an Urban County Entitlement Community to determine if each city desires, if eligible, to become an entitlement city; C. The City's intergovernmental agreement with Riverside County expires June 30, 2012, and the City is eligible to become an entitlement city; D. The City Council has determined that it is in the best interests of the City to obtain entitlement status. Section 2. Findings. The City Council of the City of Temecula hereby finds, determines and declares A. That the City Council hereby authorizes the City to request the US Department of Housing and Urban Development (HUD) designate the City of Temecula as an entitlement city for the Community Development Block Grant (CDBG) Program. The Director of Planning and Redevelopment is authorized to submit the request to HUD. B. That the City Manager is authorized to submit a Notice of Non - Participation to the County of Riverside confirming the City's intent for non -participation in the County of Riverside's Urban County Entitlement Community Program beginning July 1, 2012. C. That the Director of Planning and Redevelopment is authorized to prepare and return for City Council approval documents required for designation as an entitlement city, including a five-year Consolidated Plan, an Action Plan, a Citizen Participation Plan, an Analysis of Impediments to Fair Housing, and a Community Development Needs Assessment. Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk :_ May 19, 2011 City of Temecula Finance Department 41000 Main Street • Temecula, CA 92590 Mailing Address: PO. Box 9033 • Temecula, CA 92589-9033 Phone (951) 694-6430 • Fax (951) 694-6479 • www.cityoftemecula.org Mr. John Thurman EDA Development Manager CDBG/ESG Programs P.O. Box 1180 Riverside, CA 92502 RE: Notice of Three -Year Urban County Qualification, CDBG, HOME, and ESG Programs Dear Mr. Thurman: This letter is written in response to your letter dated May 10, 2011, and subsequent emails regarding the City of Temecula's participation in the County of Riverside's Urban County program for 2012, 2013, and 2014. It is the City's intent to seek Entitlement City status with the Department of Housing and Urban Development affective July 1, 2012. The City will be taking an agenda item to City Council on June 14, 2011 seeking approval for the necessary actions related to becoming an Entitlement City. Upon City Council approval, I will execute the Notice of Non -Participation and mail that to you and HUD Region IX Los Angeles. If you have any questions, please do not hesitate to contact me. Sincerely, Shawn Nelson City Manager SN: GR:DB:jmm R:\CDBG\2010-1110 - Minutes, Notes, Reports from EDA\Ltr to EDA -Notice of Non-Participation.doc Pri-tcG un Recycled I'���e• AGREEMENT FOR CONSULTANT SERVICES BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND BROWNE BORTZ & CODDINGTON, INC., DBA BBC RESEARCH & CONSULTING CDBG 5 -YEAR CONSOLIDATED PLAN, 1 -YEAR ACTION PLAN AND ANALYSIS OF IMPEDIMENTS THIS AGREEMENT is made and effective as of March 23, 2011, between the Redevelopment Agency of the City of Temecula , a public body, corporate and politic (hereinafter referred to as "City"), and Brown Bortz & Coddington, Inc., a Corporation d/b/a BBC Research & Consulting (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1.. TERM This Agreement shall commence on March 23, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional 1 -year term. In no event shall the contract be extended beyond. June 30, 2013. 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 inmeeting 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 Twenty Nine Thousand and 00/100 Dollars ($29,000) for the total term of this 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 Executive Director. Consultant shall be compensated for any additional services in the amounts 1 and in the manner as agreed to by Executive Director and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The Executive Director 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 thirty thousand dollars and no cents ($30,000.00), or the amount approved by the Agency Members. Any additional work in excess of this amount shall be approved by the Agency Members. 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled `PAYMENT" herein. 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 Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (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. 2 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 identified 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 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 andmay 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. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 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 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: One million ($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: One million ($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: 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the e Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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. 4 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A=:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant 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 areto 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 allrequired insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant isand 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 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 5 without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under 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 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. Mailing Address: City of Temecula Attn: Executive Director P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: Executive Director 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT BBC Research & Consulting Attn: Heidi Aggeler, Managing Director 3773 Cherry Creek North Drive Denver, Colorado 80209-3868 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. 6 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. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the Cityin 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 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. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The Executive Director is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE Brown Bortz & Coddington, Inc., a Corporation CITY OF TEMECULA By: Shawn D. Nelson, Executive Director ATTEST: d/b/a BBC Research & Consulting (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: �`r`'�r.L`BY: Susan W. Jones, MMC, City Clerk/Agency Secretary APPROVED AS TO FORM: B Heidi Aggeler, M. aging Director Print Name], [Print Title] Peter M. Thorson, Agency CONSULTANT Counsel 1' s,9�4 I W� Paa& t ora BBC Research & Consulting Heidi Aggeler, Managing Directo 3773 Cherry Creek North Drive, Suite 850 Denver, Colorado 80209-3868 303-321-2547 (Telephone); 303-399-0448 (Fax) HAggeler@bbcresearch.com 8 FSM Initials: Date: o u/ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Bv: Shawn D. Nelson, ecutive Director ATTEST: By: Susan . Jones, MMC; City Clerk/Ag ncy Secretary APPROV D.AS TO FORM: By: Peter M. Thorson, Agency Counsel Ssk 5.4- Brown Bortz & Coddington, Inc., a Corporation d/b/a BBC Research & Consulting (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: / e Heid Aggeler, M aging Director Ktvin b✓�l1� 4„� Secse!V [Print Name], [Print Title CONSULTANT BBC Research & Consulting Heidi Aggeler, Managing Directo 3773 Cherry Creek North Drive, Suite 850 Denver, Colorado 80209-3868 303-321-2547 (Telephone); 303-399-0448 (Fax) HAggeler@bbcresearch.com 8 FSM Initials: Date: 0-4/-41( EXHIBIT A Tasks to be Performed NOTE: The City will be responsible to distribute the invitations and conduct the outreach for the community meetings. Includes one trip from BBC staff to conduct the community meetings. The presentation of the findings from the Consolidated Plan to City Council, usually at the public hearing during the draft comment period, is to be made by city staff. Task 1. Project initiation. BBC would conduct a conference call with city staff, local partners and the HUD Community Planning and Development representative (if possible) responsible for reviewing the Consolidated Plan. Together we would review the proposed plan for completing the reports, review the methodology and schedule for the citizen participation process and obtain contact information for other stakeholders in the process. We would also discuss the Consolidated Plan Management Process (CPMP) tool. Task 2. Citizen participation. This task includes the public outreach process required for the Citizen Participation component of the Consolidated Plan, as well as completion of the Citizen Participation Plan (CPP). The various components of the plan ensure that citizens and housing and service providers are invited and encouraged to actively participate in the city's planning process. The public input process would be managed by BBC Senior Consultant Jen Garner. Citizen Participation Plan (CPP). BBC staff would prepare the CPP, in accordance with HUD regulations, which documents the public outreach efforts undertaken in this task. The CPP would summarize: o How citizens were involved in the development stages of the Plan; a How the public was notified of the public hearings and availability of the draft report; o The method used to communicate the strategies and action plan to citizens; p The method used to distribute the Plan to citizens; o The procedure for collecting and responding to public comments; and o How the Plan was amended, if necessary, as a result of public comments. Public meetings and focus groups. BBC would conduct two community meetings and one stakeholder focus group during the information gathering process to receive input from citizens and housing and community development officials about the greatest housing and community development needs in the city, including fair housing needs. The meetings would provide an opportunity for citizens to learn more about the Consolidated Plan, HUD grants and identify the housing and community development priorities in their communities. Through the meetings, the city would better understand the needs of Temecula and use this information when considering funding allocation decisions. HUD requires a minimum of one public meeting during the development of the Consolidated Plan. This requirement would be met through these public meetings. We would work with the city to develop the activities to take place during the meetings to collect community input. The activities would be designed to provide information about the top needs for the city and collect information about fair housing concerns. We would facilitate the meetings, prepare all materials and activities to collect community input, and develop a brochure to advertise the forums. We would rely heavily on the city to assist with the planning/coordination of the meetings and promotion of the meetings. The public meetings and stakeholder meeting would take place over a 2 -day period. Stakeholder and resident surveys. BBC would conduct an online survey for housing and community development professionals and another for resident. The surveys would inform both the Consolidated Plan and AI efforts. The surveys would ask stakeholders about the greatest needs within the community, as well as discern respondents' experience with fair housing issues. The surveys would be distributed with assistance from the city through trade groups, online postings, etc. Key person interviews. Based upon the information gathered in the previous tasks, BBC will identify issues that require additional research. We will use telephone and individual interviewsto learn more about these issues. These interviews will also be used to provide information about the housing needs and barriers .faced by special needs populations, policies and procedures of the county housing authority and city land use and zoning practices. We expect to conduct 5 individual interviews. Public hearing. As required by HUD regulations, a public hearing should be conducted during the 30 -day comment period at a City Council meeting after a draft Consolidated Plan has been prepared and distributed publicly. BBC would prepare a presentation for city staff to present at the public hearing, if desired. Task 3—Community profile and housing market analysis. As part of this task, BBC would complete two sub -tasks that would later serve as the community profile and housing market analysis sections of the final report. This information will be used for both the Consolidated Plan and AI. Community profile. This step would involve collecting and analyzing secondary socioeconomic and demographic data for the city. Specifically, we would provide updated measures of population, income/poverty, employment, racial/ethnic composition and household characteristics when available. This section would largely focus on the demographics and economic needs of low-income households. As required for the AI, we would also map a number of key demographic variables to identifyconcentrations in the city including: race, ethnicity, single -parent households and persons with disabilities. These data would be drawn from the 2010 Census, the American Community Survey, commercial databases and other state and local sources, as available. Housing market analysis. This task would provide the basis of the Housing Market Analysis chapter of the Consolidated Plan and Al. It would go beyond HUD requirements, serving as a tool to understand how well the city's current housing programs and policies are addressing housing needs. The section would include the following: o A current estimate of the city's housing supply, by housing type, price range and age; o An assessment of the overall housing condition in the city and the number of units that are deemed "unlivable" and in need of substantial repair by their occupants; o An estimate of housing affordability, including households that can afford the median rent and home price and those households that are cost burdened and severely cost burdened. Additionally, we would identify the areas of the city that are most and least affordable, as well as how affordable housing is distributed among the city; o A gap analysis calculating of the current mismatch between supply and demand for housing in each HUD income category; o Number and location of assisted housing units; and o Number and percentage of units accessible to persons with disabilities that are owned and operated by Public Housing Authorities (PHAs). 10 To produce these data, BBC would develop a housing model that uses the Census, commercial databases, and local data sources (MLS Data, apartment listing databases, etc.). BBC would supplement the findings of this housing model with data collected as part of the public outreach process, including the online survey. The gaps analysis conducted for this section would also be used to develop the HUD -required Priority Housing Activities table. Task 4 --Community development needs assessment. In this task, BBC would examine and identify the greatest community and economic development needs in Temecula. We would begin by reviewing and analyzing data and indicators related to the city's economic health (e.g., population change, income and poverty, employment industries, job growth and unemployment rates). We would incorporate information from the public outreach process described above, as well as existing reports about human services, municipal services, transportation, economic development, historic preservation, community development, neighborhood revitalization and public infrastructure needs, including accessibility needs. Task 5—Special needs and homeless analysis and tables. In this task, BBC would prepare a section for the Consolidated. Plan that meets HUD's requirements for the special needs housing analysis and completion of the Non -Homeless and Homeless tables required by the CPMP tool. We would circulate the required tables to key stakeholders (via the city's recommendation and the stakeholder focus groups) and get their input about the resources, needs and gaps, as well as existing and future needs. We would then prepare the required narrative and tables. Task 6 -Draft Five -Year Consolidated Plan report preparation, publichearingand HUD tables. This task would begin with a memo from BBC to the city about the proposed goals for the five-year Strategic Plan. Afterstaff review, we would hold a conference call to discuss the goals and submit a draft Strategic Plan, along with a draft of the other elements of the Consolidated Plan, for the city's review. We envision that the report would contain the following sections: ❑ A standalone executive summary; o An introduction; . ❑ A community profile an d housing market analysis; o A community development ad housing needs assessment based on public input; o Narrative and tables describing the housing issues of special needs populations; o The results of the public and stakeholder input process; o A five-year strategic plan. ❑ A 2012 action plan. o The AI could be appended to the report or appear as a stand-alone report, depending upon City and HUD preferences. 11 Before the 30 -day public comment period begins, BBC will prepare 5 hard copies of a draft Consolidated Plan including the one-year Action Plan, and Analysis of Impediments no later than February 1, 2012, and 20executive summaries for the city to distribute to organizations and individuals who request the report. An electronic version for posting on the website would also be provided. During the 30 -day public comment period, BBC will assist the city with responding to public comments received. We will also conduct the mandatory public hearing to collect public and stakeholder comments on the draft Consolidated Plan. Task 7—Final report (due May 1, 2012). After the comment period is over and the study team has worked with the city to modify the Plan as desired, BBC will prepare a final Consolidated Plan, including the one-year Action Plan (see Task 8), and an Analysis of Impediments to Fair Housing Choice (AI, see Task 9), for submission to HUD. The report will include a stand-alone, user-friendly Executive Summary which meets HUD's requirements, including the five-year planning goals. BBC would make any changes to the Consolidated Plan, Action Plan and AI required by HUD within the HUD -designated time period. If HUD changes the requirements of the AI after the study has begun, work in addition to what is currently required by HUD's AI guidance in Volume 1 will be completed at additional cost. We would produce 5 bound and one unbound copy of the final Consolidated Plan, Action Plan (Task 8) and AI (Task 9). BBC would provide the city with an electronic copy of the Plan in a MS Word file format as well as an Adobe Acrobat ".pdf' file format: Task 8 -Action Plan. BBC would complete the Action Plan component of the HUD's Consolidated Plan Management Process (CPMP) tool for the city. This would involve completing all of the HUD regulatory sections with the city's input (e.g., monitoring plan, anti -poverty plan). The city would take the lead in completing the project sheets that are part of the CPMP, with the assistance of BBC. BBC and the city would work together to develop the programs and activities the city will fund during the 2012 Action Plan year. Task 9 -Analysis of Impediments to Fair Housing (Al). This task would consist of conducting additional research to collect information about fair housing issues in the city,which would supplement the fair housing data collected through key person interviews, the public outreach process, and the community profile and housing market analyses. City policy review. BBC would compile information about the city's current housing policies and programs that influence fair housing choice. We would analyze the city's land use and zoning policies using a checklist provided by HUD, as well as look at the city's affordable housing policies. Compliance data review. BBC would examine all available data regarding compliance with local, state and federal Fair Housing Law, including the Home Mortgage Disclosure Act (HMDA), the Fair Housing Act, and the Community Reinvestment Act (CRA). We would conduct standard statistical tests on the HMDA data. We would conduct standard statistical tests on the HMDA data and identify any concerns related to disparity in loan approvals by race, gender, income and area within the city. This review would also include any fair housing complaints. Information about any court cases would also be compiled. Complaint data and legal cases review. In this task, we would collect and review any fair housing complaints filed by residents and/or- against residents or businesses in Temecula. Information about any court cases would also be compiled. Impediments identification, recommendations and goals. BBC would examine our findings from earlier tasks in order to determine existing barriers to fair housing in the city. The effects of these barriers would be characterized, and the effectiveness of existing measures to overcome these barriers would be reviewed. A clear set of goals and objectives with measurable results, known as a Fair Housing Action Plan (FHAP) would be then be established. 12 EXHIBIT B Payment Rates and Schedule. $5,000 PAYABLE UPON COMPLETION OF TASK 1. $15,000 PAYABLE UPON COMPLETION OF TASKS 2, 3, 4, 5 AND 6 $9,000 PAYABLE UPON COMPLETION OF TASKS 7, 8, AND 9 OP ID: SS "C:,-.....--4--"`-' CERTIFICATE OF LIABILITY INSURANCE DATE(MMNDPITYY) 03/23/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN- THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS. WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). as518-782-3000 o ona18ervices Protection Advantage Inc. 22 Century Hill Dr. te. 103 Latham, NY 12110-1423 NaEc' Napa: PHONE FAX ANro •- INC, No): - POLICY EXP - JMM/DOIYYVYI EMAIL EMAIL ADDRESS: W%ISDOPER 10 e: BROW4S2 INSURERS) AFFORDING COVERAGE INSURER A : Hartford Insurance Group. .NAIC # INSURED Browne Bortz & Coddington Inc dba BBC Research & Consulting 3773 Cherry Creek Dr. N. #850 Denver, CO 80209 INSURER S:Beagle Insurance Companyinc. y�t ,,. �LY7"v,, INSURER c - - OISBAZCO506SB INSURER 0 : 08/29/11,-%pREP� - INSURER E : s - INSURER F stsE nTEmx� • • THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF PERTAIN, POLICIES. A� IINSR INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN .IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN`MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE - - WVO POLICY NUMBER . POUC EFF. JMwDO/YYYY1 - POLICY EXP - JMM/DOIYYVYI - UNITS A . GENERA4LdA81Lm X -COMMERCIALGENERALLIABILITY - - OISBAZCO506SB 08/29/10 08/29/11,-%pREP� - fCAONOCCURRENCE s - 2,000,0004 stsE nTEmx� $ 300,000 CLAIMS -MADE _.00CUR MED EXP (Any one person) S 10,000 PERSONAL B ADV INJURY S $ 2,000,000 .4,000,00 GENERAL AGGREGATE GE_ AGGREGATEUMITAPPLIESPER: POLICY n n LOC PRODUCTS -COMP/OPAGG s 4,000,000 ''1I - - - $ A AUTOMOBILE UABILI1Y ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 01SBAZCO506SB 08/29/10 08/29/11 '✓( COMBINED SINGLE LIMB (Ea de S 2,000,000), _ _ X X BODILY INJURY (Per perms) $ BO LY INJURY (Per acddent) -S OPERTY DAMAGE (Per s S UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS-AAADE EACH OCCURRENCE S AGGREGATE 5. — DEDUCTIBLE RETENTION . 5 s $ - A WORKERS COMPENSATION . AND EMPLOYERS' LIABILITY A(dYPROPRtETOR/PARTNERfEXEGUTNE OFFICER/MEMBER EXCLUDEO'r (Mandatory In NH) I�yyea dcwIbo,sder . DEStrRIPT10N OF OPERATIONS YIN. 11 / A 01 WECZY6554. 09/01/10 ,,, 09/01/11✓ • I TORY Limn TC - ��� $ 1,000,000E E L. EACH AcoI�NT below E L DISEASE - EA EMPLOYEE S 1,000,000 E.E.L. DISEASE • POLICY LIMIT S 1,000;000 B Miscellaneous - Prof Liability V11C8209PNPM 05/23/10 05/25/1?' PerCiatm - Aggregate 2,000,000 2,000,000 D€Se�R�I�aannON O�pERRA�LTION8 /LOCATIONS 1 Yy��HIC�€S Professional Liability Deductible -110,000 (Attach ACORD 101, Additional Remarks Schodule11more apace is required) 11 SA/Z- fr'tiC • City of Temecula Betsy Lowrey PO Box 9033 Temecula, CA 92589 ACORD 25 (2009/09) /qEME9O3 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD BROW452 PAGE 2 �NGURED'SNAME Browne BortC & Coddington Inc OP ID: SS DATE 03/23 the Ci trs, o cit the e ana en� nten of roam Additional 'neuro ce o c , employees an vo u ee are name nsure on General t. ab and uto Pol cies. '1117 t.�w OP ID: SS .9-11114Z............„...../ �.. '"'" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD/YYYY) 03/23/11 THIS CERTIFICATE I8 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE. AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED; the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsomont(s). PRODUCER rofess oral Services 518-782-3000 Protection Advantage Inc. 22 Century HIIIDr. Ste. 103 Latham, NY 12110-1423 Ic,A° aer PHONE iErale° � FAX ADOREss� Gump ER to n: BROW452 INSURER(S) AFFORDING COVERAGE INSURER A: Hartford Insurance Group ++,, NAIC # ��' I =- INSURED .. Browne Bortz & Coddington Inc dba BBC Research S Consulting 3773 Cherry Creek Dr. N, 6850 Denver,. CO 80209 - - - PAt/015A/.G•R - __ nfeR:Beazle Insurance Com an Inc. INSURER c �I. OCCURRENCE INSURER O A INSURER E COMMERCIAL GENERAL UABILITY aiSURERi: • 'Newman) aUmtstte THIS IS TO CERTIFY THAT THE POLICIES: OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS, LU gPOLICIES. - - TYPE OF INSURANCE ni N$R - POLICY NUMBER INIIISOW NO 1 EFF MOIR OD Y1 - UMTS GENERAL. LIABILITY �I. OCCURRENCE s. 2,000,000- A X . COMMERCIAL GENERAL UABILITY 01SBAZCO506SB - 08/29/10 08/29/11. rTE�— 300,000 stEaomaxsi s CLAIMS -MADE 0 OCCUR�-$+ MED EXP 10,000 ;My one person) $ PERSONAL & ADV INJURY 2,000,000 GENERAL AGGREGATE S •• 4,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: fcg PRODUCTS - COMP/OP AGG 5 S 4,000,0001 r^ I POLICY I I 4 I LOC $ AUTOMOBILE UABILJTY ANY AUTO— COMBINED SINGLE LIArr s 2,000,000d ( ' ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS BO Y INJURY (Per accident) S A X •HIRED AUTOS OISBAZCO508SB 08/29/10 _ 08/29/11 peeraxdent) AGE Went) X NON -OWNED AUTOS S . S - UMBRELLA UAB" OCCUR 1CLAIMS-MADE EACH OCCURRENCE S -- EXCESSLJAO - AGGREGATE $ DEDUCTIBLE S. RETENTION $ S WORKERS YER UABILfl - AND AND EMPLOYERS LUIBILITY r / N - - - T �+�L—.._1 E8 A ANYE'rtoi=RtErORrPpRTr ERiEXECUTtvE OFFICER/MEMBER EXCLUDED, L N / A 01 WECZY6554 09/01/10 09/01/11✓ E L. EACH ACCIDENT $ 1,000,000/ fMm%dalofy In NH) I yak, despite under E L DISEASE - EA EMPLOYEE $ 1,000,000 DE SL�RIPTWN OF OPERATIONS below .E.L. DISEASE • POLICY LIMIT E 1,000,000 B Miscellaneous Prof Liability V11C8209PNPM 05/25/10 05/25/1 Per Clem 2,000,000 A98rogato 2,000.000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES Professional Liability Deductible - 510,000 -----•-•---- ••-• --- (Attach ACORD 101, Additional Remarks Schodulo 0 mora apace is required) - - , N 11 � City of Temecula Betsy Lowrey PO Box 9033 Temecula, CA 92589 ACORD 26 (2009109) /1TENIE903 I o(tk CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSUREDS NAME Browne Bort & Coddington Inc jeCi fr emtc�, $tele e and voI q encs of the City ed Additional heir o e o c , employees an vo u eer are name nsure on ere, abmty a Auto Pol c es. BROW452 PAGE 2 OP ID: SS CME 03123 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 19 ACTION MINUTES of MAY 24, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:13 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 8 Action Minutes - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Approve the action minutes of May 10, 2011. 9 Financial Statements for the Nine Months Ended March 31, 2011 - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2011; 9.2 Approve an appropriation of $150,000 in the TCSD Parks and Recreation Operating Budget for legal services. 10 Food, Beverage, and Alcohol Beverage Sales Agreement with Sherry Berry Music - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected unanimous approval RECOMMENDATION: 10.1 Approve an agreement with Sherry Berry Music to provide food, beverage, and alcoholic beverage sales at the Old Town Temecula Community Theater for three (3) years beginning April 1, 2011 with two (2) additional one (1) year extensions. CSD Action Minutes\052411 1 11 Amendments to Annual Agreements for various services required by the Community Services Department Maintenance Division for fiscal year 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-2012 for routine maintenance and emergency services for various Maintenance Division needs. General Maintenance Contractor Services: Always Reliable Backflow $25,000 Certified Pool Water Specialist $20,000 Clear Image Window Cleaning $30,000 Diamond Environmental Services $30,000 Golden State Fire Protection, Inc. $30,000 Priority Door Systems $20,000 South County Pest Control $20,000 Southern California Sound, Stage & Lighting$20,000 Steam Superior $30,000 Straight Line Glass $10,000 Temecula Valley Security Center $20,000 12 Harveston Center Lease Agreement - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Washington and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Approve a three year lease agreement, in its substantial form, with an option for two additional one year terms to operate the Harveston Center in the Harveston development as a community activity center; 12.2 Appropriate $30,000 from TCSD Fund Balance to provide tenant improvements and equipment at the Harveston Center to accommodate classes and programs. CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\052411 2 CSD ADJOURNMENT At 7:15 P.M., the Temecula Community Services District meeting was formally adjourned to Wednesday, May 25, 2011, at 10:00 A.M. for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\052411 3 Item No. 20 Approvals City Attorney Director of Finance City Manager Mf- ,& (10L TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2011 SUBJECT: Agreement with Environmental Cleaning Solutions & Facility Management, LLC for Park Restroom and Picnic Shelter Janitorial Services for Fiscal Year 2011 - 2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: Approve an Agreement with Environmental Cleaning Solutions & Facility Management, LLC. for Janitorial Services in the amount of $83,180 for Fiscal Year 2011 — 2012. BACKGROUND: On February 25, 2011 the Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Park Restroom and Picnic Shelter Janitorial Services. The TCSD received twenty (20) proposals. A review panel was formed to provide a fair and thorough evaluation of the 20 proposals that were submitted. After a thorough evaluation and rating process it was determined that Environmental Cleaning Solutions & Facility Management, LLC was the best qualified firm with the most cost effective proposal. As a result, staff is recommending the approval of the Environmental Cleaning Solutions & Facility Management, LLC. Agreement for Park Restroom and Picnic Shelter Janitorial Services. FISCAL IMPACT: The amount to provide Park Restroom and Picnic Shelter Janitorial Services is $63,180. In addition, an estimated $20,000 is being requested for non - scheduled and supplemental services. Sufficient funds have been included in the proposed Annual Operating Budget for FY 2011 — 2012 in the appropriate expenditure accounts. ATTACHMENTS: 1) Contract R:\SIRE REPORTS ET AL\Maintenance\2011-2012\Environmental Cleaning Solutions 2011-2012\Agenda Report 2011-2012.doc AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ENVIRONMENTAL CLEANING SOLUTIONS & FACILITY MANAGEMENT LLC FOR PARK RESTROOM AND PICNIC SHELTER JANITORIAL SERVICES THIS AGREEMENT is made and effective as of June 14, 2011, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Environmental Cleaning Solutions & Facility Management LLC, a Limited Liability Company (hereinafter referred to as "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, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additions one (1) year terms. In no event shall the contract be extended beyond June 30, 2016. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor 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 Eighty Three Thousand One Hundred Eighty Dollars ($83,180) annually unless additional payment is approved as provided in this Agreement. b. Contractor 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 General Manager . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor 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 Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 1 4. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (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 Contractor 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. 2 9. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers 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 Contractor'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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Contractor 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 Contractor, 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 Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($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: One million ($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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 3 on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor'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 agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor 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 Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 11. TIME OF THE ESSENCE Time is of the essence in this Agreement. 12. INDEPENDENT CONTRACTOR a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this 4 Agreement. Contractor 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. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor 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 Contractor 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 Contractor to comply with this section. 14. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 15. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 16. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval 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 that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, 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. 5 17. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. 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. 21. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. 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. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 To Consultant: Environmental Cleaning Solutions & Facility Management, LLC Contact Person: Dan R. Yasui 19881 Brookhurst St. Suite C — 303 Huntington Beach, CA 92646 22. ASSIGNMENT The Contractor 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, Contractor'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 Contractor. 6 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 24. 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 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. 25. 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. 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement term