HomeMy WebLinkAbout041790 CC AgendaCALL TO ORDER=
ROLL CALL:
Invocation
AGENDA
TEMECUL~ CITY COUNCIL
AN ADJOURNED REGULAR MEETING
APRIL 17· 1990
Flag Salute
PRESENTATIONS/
PROCLAMATIONS
Next in Order:
Ordinance: No. 90-05
Resolution: No. 90-39
Pastor Kenneth Molnar
New Community Lutheran Church
Birdsall, Lindemans, Moore, Muhoz,
Parks
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can
address the Council on items that are not listed on the
Agenda. Speakers are limited to two (2) minutes each. If you
desire to speak to the Council about an item not listed on the
Agenda, a pink "Request To Speak" form should be filled out
and filed with the City Clerk.
When you are called to speak, please come forward and state
your name and address.
For all other agenda items a "Request To Speak" form must be
filed with the City Clerk before the Council gets to that
item. There is a five (5) minute time limit for individual
speakers.
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 to be
removed from the Consent Calendar for separate action.
2/agenda/041790 I 04/12/90
&pplication for &lochclio Beverage License
An application filed by Roger Quarles, Sr. for Stadium Pizza,
Inc. located at 27314 Jefferson Street, Temecula, California.
RECOMMENDATION:
1.1 Receive and File
Ordinance and Resolution Regarding Parks and Recreation
Commission
RECOMMENDATION:
2.1 Read by title only, waive further reading and
introduce an ordinance entitled:
ORDINANCE NO. 90-
AN ORDINANCE OFT HE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER ~3.0L TO THE TEHECUL~ HUNICIPAL CODE
RELATING TO THE EST~BLIBHHENT OF A TF~ECULA PARKS AND
RECREATION CO~ISSION
2.2 Adopt a resolution entitled:
RESOLUTION NO. 90-
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TE~ECULA
ESTABLISHING THE ORGANIZATION, OBJECTIVES, ~
RESPONSIBILITIES OF ~ TE~ECULA PARKS AND RECREATION
COMMISSION.
Ordinance and Resolution Regarding Public Safety Cowmission
RECOMMENDATION:
3.1 Read by title only, waive further reading and
introduce an ordinance entitled:
ORDII~%NCE NO. 90-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TE~ECULA
~DDING CHAPTER LX.0X TO THE TEHECULA MUNICIPAL CODE
RELATING TO THE ESTARLISHHEI~TOF A TEMECULAPUBLIC S~%FETY
CO~ISSION.
2/agenclaj041790 2 04/12/90
3.1
Adopt a resolution entitled:
RESOLUTION NO. 90-
ARESOLUTION OF THE CITY COUNCIL OFT HE CITY OFTEMECUL~
ESTABLISHING THE ORGANZZATZONv OBJECTIVES,
RESPONSIBILITIES OF A TEMECUL~ PUBLIC S~FETY COMMISSION
Ordinance and Resolution Reqardinq Traffic Co~ssion
RECOMMENDATION:
4.1 Read by title only, waive further reading
introduce an ordinance entitled:
4.2
and
ORDINANCE NO. 90-
XNORDII~qNCE OF THE CITY COUNCIL OFT HE CITY OF TEHECUL~
ADDING CNAPTER 12.01 TO THE TEMECUL~ MUNICIPAL CODE
RELATING TO THE ESTABLISHMENT OF THE TEMECUL~ TRAFFIC
COMMISSION
Adopt a resolution entitled:
RESOLUTION NO. 90-
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECUL~
ESTABLISHING THE ORGANIZATION, OBJECTIVES, AND
RESPONSIBILITIES OF A TEMECULA TRAFFIC COMMISSION.
COUNCIL BUSINESS
e
e
City Hall Lease With Purchase AnalYsis
RECOMMENDATION:
5.1
Authorize the City Manager to enter into a lease
agreement between the City of Temecula and Windsor
Projects for a City Hall located at Windsor Park I
on Business Park Drive for a period of five years.
Building and Safety Services
Presentation by T. H. Ingram, Director of Building and Safety
for Riverside County.
2/agencla/04.1790 3 04/12/90
~ill~an Contract
RECOMMENDATION:
7.1
Adopt a resolution entitled:
RESOLUTION NO. 90-
ARESOLUTION OF THE CITY COUNCIL OFT HE CITY OF TEMECULA
APPOINTING AN ACTING CITY ENGINEER AND TRAFFIC ENGINEER
AND AN aCTING PLANNING DIRECTOR
7.2
Authorize the Mayor to execute a contract for
Planning and Engineering services with Willdan
Associates.
7.3
Authorize the City Manager to notify the Riverside
County Board of Supervisors that as of April 6,
1990, all new planning and engineering applications
will be processed by the City of Temecula.
Rancho California Road Reimbursement aqreement
RECOMMENDATION:
8.1
Authorize the Mayor to execute the Reimbursement
Agreement with Bedford Properties for improvements
on Rancho California Road.
City Limits Sign License agreement
RECOMMENDATION:
9.1
Authorize the Mayor to execute the agreement for
City Limits monument signs
10. Buildin~ Inspection Contract
10.1
Authorize the City Manager to call for proposals
for providing building inspection and grading
services for the fiscal year beginning July 1,
1990.
11. Sphere of Influence Study
RECOMMENDATION:
11.1
Appoint two Councilmembers to serve on a Sphere of
Influence Committee.
2/agenda/041790 4 04/12/90
CITY H]tNAGER REPORT
12. Request to Bpeak Follow-up Report.
13. Comments North County Landfill
CITY ATTORNEY REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
Next regular meeting: April 24, 1990, 7:00 p.m., Temecula
Community Center, 28816 Pujol Street, Temecula, California
2/agenda/041790 5 04~12/90
COPY
I~t detmde.~ReterN all ~1~ ~ N~Wr~ ~e l~ U~ H~er~ O~e O~ly
APPLICATION ~R-~COHOUC ~WGi UCENSE(S) ~.~T~)~IC~E(S) FILE NO.
To: .~r~ent of Alcoh~ ~verage ConSol ~'~ ~ '~'~ ~ RECEIPT NO.
Sacramento, CaliL95818 : GEOGRAPHICAL
· (OlSTEICT SERVING ~.OC&TION) ~Z~G FLACE CODE 3300
The undersign~ ~reby applies f~ ' Date
licerims descri~ as fol~s~ Issu~
Temp. Permit
2. NAME(S) OF APPLICANT(S)
S?ADZUN PZ/,T,A, ILK:.
~I~ARL~S, RCH~rt mr. -]Prom,
Applied under Sec. 24044 []
Effective Date: ]-1-90
3. TYPE(S) OF TRANSACTION(S)
QUApT~_~, ~ &.. Treoourer/Sec.
ANNUAL
Effective Date:
FEE LIC.
TYPE
$
300.00 41
198.00
4_ Nome oL6usiness
5. L~afionofBusin~s--Numberand Street
27314 Je££e~onBt~
?e~uT-d ~' RiveroAd. County
TOTAL 498.00
6. If Premises Licensed, 7. Are Premises Inside
Show Type of License 41-221475 (to be surr. upon iss.) City Limits? YES
8. Mailing Address (if different from $)--Number and Street (Temp) (Perre)
9. ~e you ever been c~vict~ of a felony? 10. Have you ever violated any of the provisions of the Alcoholic
Beverage Control Act or regulations of the Department per-
'/ ~ '~ raining to the Act? ~)
11. Explain a "YES" answer ~ items 9 or 10 on an attachment which shall be deemed part of this application.
12. Applicant agrees (a) that any manager employed in on-sale licensed premises will have all the qualifications of a licensee, and
(b) lhat he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage.Control Act.
14. APPLICANT ~'1 "~ / I ' "
IGN HEREMy ~MM~ ~--w ~ I ~ r
15. STATE OF CALIFORNIA Coun~ of ...................................... Date .............................
16. Name(s)of Licenses(s) 17. Signature(s) of Licenses(s) 18. License Number(s)
19. Location Number and Street City and Zip Code County
Do Not Write Below Thi~ Line; For De~artraenl Use Only
Attached:[] Recorded notice,
[] Fiduciary papers, * / "
[] ...................................................cOP,ES M^,L D ___%/_ ......'___' ...........................
j ec/AGD12115
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY ~
APRIL 5, 1990
APRIL 17,1990
ESTABLISHMENT OF TEMECULA PARKS AND
RECREATION COMMISSION
RECOMMENDATION: That the Council introduce and adopt at
its next regularly scheduled meeting, the attached Ordinance
and Resolution regarding the establishment and procedural
rules for the Temecula Parks and Recreation Commission.
DISCUSSION: Council previously established by minute order
that there would be a Temecula Parks and Recreation
Commission. Although the search process has already
commenced regarding the selection of the Commission members,
Chapter 2.06 of the Temecula Municipal Code requires that
the Council formally adopt an Ordinance or Resolution
creating the Temecula Parks and Recreation Commission. I
have prepared the enclosed Ordinance establishing the
Temecula Parks and Recreation Commission and the enclosed
Resolution setting forth the procedural rules and
regulations relating to the Commission.
I would recommend their introduction and adoption.
-1-
ORDINANCE NO. 90-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 13.01 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF
A TEMECULA PARKS AND RECREATION COMMISSION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 13.01 is hereby added to the Temecula Municipal Code as
follows:
"13.01.010 Temecula Parks and Recreation Commission - Established. There
is hereby established a Temecula Traffic Commission.
13.01.020 Time and place of meeting. The time and place of the meetings
of the Temecula Parks and Recreation Commission shall be established by
resolution of the Commission.
13.01.030 Duties. The duties of the Temecula Parks and Recreation
Commission shall be established by resolution of the City Council."
SECTION 2. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid,
such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 17th day April, 1990.
ATYEST:
RONALD J. PARKS
MAYOR
June S. Greek, Deputy City Clerk
2/0rds/90-07
04/12/90
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECUI~ ESTABLISHING THE ORGANIZATION,
OBJECTIVES, AND RESPONSIBILITIES OF A
TEMECULA PARKS AND RECREATION COMMISSION
as follows:
The City Council of the City of Temecula does resolve, determine and order
Section 1: Establishment of Commission. Pursuant to Section 13.01 of the
Temecula Municipal Code, there is hereby created an advisory commission which shall be
known as the '~I'emecula Parks and Recreation Commission."
Section 2: Commission Membership. The Temecula Parks and Recreation
Commission shall consist of five (5) members to be nominated and appointed pursuant to
Chapter 2.06.050 of the Temecula Municipal Code.
Section 3: Staff Assistance. The City Manager shall ensure that adequate staff will
be allocated to provide necessary technical and clerical assistance to the Commission.
Section 4: Time and Place of Meetings. The Temecula Parks and Recreation
Commission shall establish a regular date, time and place for Commission meetings, which
shall be open to the public. Said meetings shall occur no less frequently than once a week.
Section 5: Term. The Temecula Parks and Recreation Commission shall continue
in effect pursuant to Chapter 2.06.060 of the Temecula Municipal Code.
Section 6: Duties of Commission. The duties of the Temecula Parks and
Recreation Commission shall be as follows:
A. Review and make recommendations to the City Council concerning the
Parks and Recreation element of the General Plan and work with the
Temecula Community Services District, the Temecula school district and
other city departments and community groups to provide parks and recreation
services and programs for the community.
Resos/9041 04/12/90 7:29pm
Resolution 90-
Page 2
Section 7: This Resolution shall become effective concurrently with the effective
date of the City Ordinance adding Chapter 12.01 of the City Municipal Code. The City
Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of April, 1990.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
[SEAL]
Re$o$/9041 04/12/90 7:29~
jec/AGD12357
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY ~
APRIL 5, 1990
APRIL 17, 1990
ESTABLISHMENT OF THE TEMECULA POLICE
ADVISORY COMMISSION
RECOMMENDATION: That the Council introduce and adopt at
its next regularly scheduled meeting, the attached Ordinance
and Resolution regarding the establishment and procedural
rules for the Temecula Police Advisory Commission.
DISCUSSION: Council previously established by minute order
that there would be a Temecula Police Advisory Commission.
Although the search process has already commenced regarding
the selection of the Commission members, Chapter 2.06 of the
Temecula Municipal Code requires that the Council formally
adopt an Ordinance or Resolution creating the Temecula
Police Advisory Commission. I have prepared the enclosed
Ordinance establishing the Temecula Police Advisory
Commission and the enclosed Resolution setting forth the
procedural rules and regulations relating to the Commission.
Both the Ordinance and Resolution have been modeled
after the City of Rancho Mirage Police Advisory Commission
which was approved and adopted by that City.
I would recommend their introduction and adoption.
-1-
ORDINANCE NO. 90-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 11.01 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF
A TEMECULA PUBLIC SAFETY COMMISSION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.01 is hereby added to the Temecula Municipal Code as
follows:
"11.01.010 Temecula Public Safety Commission - Established. There is
hereby established a Temecula Public Safety Commission.
11.01.020 Time and place of meeting. The time and place of the meetings
of the Temecula Public Safety Commission shall be established by resolution
of the Commission.
11.01.030 Duties. The duties of the Temecula Public Safety Commission shall
be established by resolution of the City Council."
SECTION 2. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid,
such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 17th day of April, 1990.
ATTEST:
RONALD J. PARKS
MAYOR
F. D. ALESHIRE, City Clerk
2/0rds/90-05 04/12/90
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE ORGANIZATION,
OBJECTIVES, AND RESPONSIBILITIES OF A
TEMECULA PUBLIC SAFETY COMMISSION
The City Council of the City of Temecula does resolve, determine and order
as follows:
Section 1: Establishment of Commission. Pursuant to Section 11.01.010 of the
Temecula Municipal Code, there is hereby created an advisory commission which
shall be known as the "Temecula Public Safety Commission."
Section 2: Commission Membership. The Temecula Public Safety Commission
shall consist of five (5) members to be nominated and appointed pursuant to Chapter
2.06.050 of the Temecula Municipal Code.
Section 3: Staff Assistance. The City Manager shall ensure that adequate staff
will be allocated to provide necessary technical and clerical assistance to the
Commission. The Police Chief shall serve as staff liaison to the Commission.
Section 4: Time and Place of Meetings. The Temecula Public Safety Commission
shall establish a regular date, time and place for Commission meetings, which shall
be open to the public. Said meetings shall occur no less frequently than once a
week.
Section 5: Term. The Temecula Public Safety Commission shall continue in effect
pursuant to Chapter 2.05.060 of the Temecula Municipal Code.
Section 6: Duties of Commission. The duties of the Temecula Public Safety
Commission shall be as follows:
Review and make recommendations to the City Council concerning
law enforcement, fire suppression and prevention, and disaster
planning for the City of Temecula.
Resos/9039 04/12/90 6:16pm
Resolution 90-
Page 2
Section 7: The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOFrED this 17th day of April, 1990.
ATFEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
[SEAL]
Resos/9039 04/12/90 6:16pm
jec/AGD12050
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY .c '~
APRIL 5, 1990
APRIL 17, 1990
ESTABLISHMENT OF TEMECULA TRAFFIC AND
TRANSPORTATION COMMISSION
RECOMMENDATION: That the Council introduce and adopt at
its next regularly scheduled meeting, the attached Ordinance
and Resolution regarding the establishment and procedural
rules for the Temecula Traffic and Transportation
Commission.
DISCUSSION: Council previously established by minute order
that there would be a Temecula Traffic and Transportation
Commission. Although the search process has already
commenced regarding the selection of the Commission members,
Chapter 2.06 of the Temecula Municipal Code requires that
the Council formally adopt an Ordinance or Resolution
creating the Temecula Traffic and Transportation
Commission. I have prepared the enclosed Ordinance
establishing the Temecula Traffic and Transportation
Commission and the enclosed Resolution setting forth the
procedural rules and regulations relating to the Commission.
I would recommend their introduction and adoption.
-1-
ORDINANCE NO. ~-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 12.01 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF
A TEMECULA TRAFFIC COMMISSION
THE CITY COUNCIL OF THE CITY OF TEMECUI.~ DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.01 is hereby added to the Temecula Municipal Code as
follows:
"12.01.010 Temecula Traffic Commission - Established. There is hereby
established a Temecula Traffic Commission.
12.01.020 Time and place of meeting. The time and place of the meetings
of the Temecula Traffic Commission shall be established by resolution of the
Commission.
12.01.030 Duties. The duties of the Temecula Traffic Commission shall be
established by resolution of the City Council."
SECTION 2. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid,
such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 17th day April, 1990.
ATTEST:
RONALD J. PARKS
MAYOR
June S. Greek, Deputy City Clerk
2jOrds[90-.06
04/12/90
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE ORGANIZATION,
OBJECTIVES, AND RESPONSIBILITIES OF A
TEMECULA TRAFFIC COMMISSION
The City Council of the City of Temecula does resolve, determine and order
as follows:
Section 1: Establishment of Commission. Pursuant to Section 12.01.010 of the
Temecula Municipal Code, there is hereby created an advisory commission which shall be
known as the "Temecula Traffic Commission."
Section 2: Commission Membership. The Temecula Traffic Commission shall
consist of five (5) members to be nominated and appointed pursuant to Chapter 2.06.050
of the Temecula Municipal Code.
Section 3: Staff Assistance. The City Manager shall ensure that adequate staff will
be allocated to provide necessary technical and clerical assistance to the Commission.
Section 4: Time and Place of Meetings. The Temecula Traffic Commission shall
establish a regular date, time and place for Commission meetings, which shall be open to
the public. Said meetings shall occur no less frequently than once a week..
Section 5: Term. The Temecula Traffic Commission shall continue in effect
pursuant to Chapter 2.06.060 of the Temecula Municipal Code.
Section 6: Duties of Commission. The duties of the Temecula Public Safety
Commission shall be as follows:
Review and make recommendations to the City council on traffic
matters within the City such as speed zones, stop signs and signals,
pavement markings, traffic design and engineering. The commission
will also recommend traffic enforcement measures and coordinate City
activities with the California Highway Patrol, Sheriff, County Road
Department and other regional traffic management and planning
agendes.
Resos/9040 04/12/90
Resolution 90-
Page 2
Section 7: This Resolution shall become effective concurrently with the effective
date of the City Ordinance adding Chapter 12.01 of the City Municipal Code. The City
Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of April, 1990.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
[SEAL]
Resos/90&O 04/12/90 7:09pm
DATE=
TO:
FROM=
SUBJECT=
CITY OF TEMECULA
AGENDA REPORT
April 10, 1990
city Manager/City Council
Joe Hreha, Manager of Information Systems~~
city Hall Lease With Purchase Analysis
RECOMMENDATIONS:
DISCUSSION:
That the City Council authorize the City
Manager to enter into a lease agreement between
the city of Temecula and Windsor Projects for
a City Hall located at Windsor Park I on
Business Park Drive for a period of five years.
On April 3, 1990, I presented a City Hall lease
offer from WestMar Commercial Brokerage, acting
of behalf of Windsor Projects. The City
Council approved Staff's recommendation
adopting Transition Plan II. The lease has
been prepared and is enclosed as Attachment
A. The enclosed lease is summarized as
follows:
Building D (city Hall)
Lease Period
Free Rent
Annual Rental Increases
Rent NNN
NNN/Square Foot
Tenant Improvements
6,805 square feet
65 months
First five months
Five percent fixed
$0.78 per sqft
$0.12 - $0.14
Fully built-out
Building C
Lease Period
Free Rent
Annual Rental Increases
Rent NNN
NNN/Square Foot
Tenant Improvements
20,223 square feet
65 months
First five months
Five percent fixed
$0.70 per sqft
$0.12 - $0.14
Fully built-out
Total tenant improvement allowance: $405,420,
based upon $15.00 a square foot for both
buildings.
30 day first right of refusal for other
Windsor Park I neighboring properties (three
buildings that total 44,615 square feet).
TRANSITION PLAN II: Tenant improvements on half of the new Building
C completed by August 15, 1990.
City Hall moves into half of the new Building
C (10,223 sqft office space) by August 31,
1990.
Tenant improvements old City Hall - Building D
completed by November 1, 1990.
City Council meetings begin in Old City Hall
Building D on November 6, 1990.
First Annual city Hall Open House December 1,
1990 celebrating our first year as a City.
Tenant improvements on other half of the new
Building C completed by January 1, 1991.
Applying the free rent offer:
Jul 90 through Aug 90 rent:
Sep 90 through Jan 91 rent:
Feb 91 through Mar 91 rent:
Apr 91 through May 91 rent:
Jun 91 rent:
$ 7,625.34
$ 0.00
$17,174.64
$29,695.84
$23,435.24
FY91 total rent payments:
FY92 total rent payments:
$77,931.06
$278,975.08
The City Attorney has reviewed the enclosed
lease.
After the April 3, 1990 City Council meeting,
Staff was asked to prepare a lease vs. purchase
analysis to be presented at the time the lease
was returned for Council's approval. Enclosed
at Attachments B and C is the lease vs.
purchase analysis.
ATTACHMENTS:
(A) Lease Agreement
(B) Lease vs. Purchase
(C) Narrative Summary Lease vs. Purchase
NET INDUSTRIAL LEASE
IND. NNN 11/86
TABLE OF CONTENTS
1. LEASE OF PREMISES ....................................................... 1
2. EXHIBITS AND ADDENDA .................................................... 1
3. DEFINITIONS ............................................................... 1
4. DELIVERY OF POSSESSION ................................................. 2
5. ACCEPTANCE .............................................................. 2
& USE; LIMITATIONS ON USE .................................................. 2
7. RENT; OPERATING EXPENSES ................................................ 3
8. TAXES; ASSESSMENTS ...................................................... 3
9. MAINTENANCE ............................................................. 4
10. UTILITIES AND SERVICES .................................................... 4
11. INDEMNITY AND EXCULPATION; INSURANCE ................................... 5
12. ALTERATIONS, ADDITIONS, IMPROVEMENTS .................................... 5
13. MECHANICS' LIENS ......................................................... 5
14. DESTRUCTION ............................................................ 6
15. CONDEMNATION ............................................................ 6
16. ASSIGNMENT ............................................................. 7
17. DEFAULT ................................................................... 7
18. ADVERTISING .............................................................. 8
19. LANDLORD'S ENTRY ON PREMISES .......................................... 8
20. OFFSET STATEMENT, ATTORNMENT, SUBORDINATION ........................... 9
21. NOTICE ................................................................... 9
22. WAIVER ................................................................... 9
23. SALE OR TRANSFER OF PREMISES .......................................... 9
24. ATTORNEYS' FEES .......................................................... 9
25. SURRENDER OF PREMISES; HOLDING OVER .................................. 9
26. ABANDONMENT ............................................................ 10
27. QUIET ENJOYMENT ........................................................ 10
28. FORCE MAJEURE ........................................................... 10
29. RELATIONSHIP OF PARTIES .................................................. 10
30. GENERAL PROVISIONS ...................................................... 10
NET INDUSTRIAL LEASE
Windsor Partners - Rancho Industrial
This Lease between
a General Partnership
("Landlord"), and The City of Temecula
a California Corporation
("Tenant"), ~s dated April 12 , 19 90
1. LEASE OF PREMISES.
1.1. In consideration of the Rent (as defined in Section 7.1) and the prows~ons of this Lease, Landlord leases to Tenant and
Tenant leases from Landlord the Premtses shown by diagonal lines on the floor plan attached hereto as Exhibit "A," and further described
in Section 3.13. The Premises are located w~thin the Building and Park described m Section 3.14. Tenant shall have the non-exclusive
rigl~t (unless otherwise prowded heres) in common w~th Landlord. other tenants, subtenants and ~nvitees, to use of the Common Areas
(as defined at Section 3,5).
1.2. Tenant has examined the Premises and is fully informed of their condition.
1.3. This Lease confers no rights either with regard to the subsurface of the land below the ground level of the Premises or with
regard to airspace above the top of the roof of the building that is a part of the Premises.
2. EXHIBITS AND ADOENDA.
The exhibits and addenda listed below (unless lined out) are incorporated by reference in this Lease:
2.1. Exhibit "A" -- Floor Plan showing the Premises.
2.2. Exhibit "B"-- Site Plan of the Park.
2.3. Exhibit "C"-- Building Standard Work Letter.
2.4. Exhibit "D"-- Rules and Regulations.
2.5. Addenda: See Addendum
DEFINITIONS.
As used in this Lease. the following terms shall have the following searungs:
3.1. Base Rent: $ See Addendum
3,2. Base Year: The calendar year of ' See Addendum
3.3. Baker(e) and Sales Agent(a): WestMar Commercial Brokerage
per year.
3.4. Commencement Date: See Addendum
3.5. Common Areas: All areas within the exterior boundaries of the Park that are provided and designated by Landlord, from
time to time. for the general use and convenience of the tenants of the Park and which are not leased or held for the exclusive use
of Tenant or other tenants of the Park. Common Areas include, but are not limited to, pedestrian walkways, patios, landscaped and
planted areas, sidewalks, sen/ice corridors, restrooms, stairways, throughways. loading areas, parking areas, driveways and roads.
3.6. Cost of Livin~ Adjustment Range: (Fill in, if applicable.)
Minimum five percent (5%) % Maximum five percent (5%) O/o.
3.7. Expense Stop: (Fill in, if applicable.): $ N/A
3.8. Expiration Date: See Addendum, unless otherwise sooner terminated in accordance with the provisions of this Lease.
3.9. Index (Section 7.2): United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban
Consumers, Los Angeles/Long BeachlAnahe~m Average. Subgroup "All Items" (1967 =, 100).
3.10. Landlord's Mailing Address: 29377 Rancho California Road, Suite 200
Temecu] a, CA 92390
TenonI'm Mailing Address: P.0. Box 3000
Temecu] a, CA 92390 ($19,464.00)
3.11. Monthly Installments of Base Rent: $ nineteen thousand four hundred sixty-four & 00/].00 per month.
3.12. Parking: Tenant shall be perm;tted to park See Addendum cars on a non-exclusive basis in the area(s) designated by
Landlord for parking.
3.13. Premises: 1~ of Buildings C and O of the Park containing approximately 27,028 square feet
of Rentable Area, shown by diagonal lines on Exhibit "A."
3.14. Park: A multi-tenant industrial/commercial real properly development of Landlord located at 43].7Z and 43].74
Business Park Drive and described in Exhibit "B."
The Park includes the land, the Buildings and all other improvements located thereon, including the Common Areas. The Park is known as Windsor Park [
3.15. Rentable Area: As to the Premises. the measurements of floor area as may, from time to time, be subject to lease by
Tenant and all tenants of the Park, respectively, as determined by Landlord and applied on a consistent basis throughout the Park.
3.16. Security Deposit (Section 7,4): $ See Addendum
3.17. Tenent's First Adjustment Date (Section 7.2): The first day of the calendar month following the Commencement Date plus
twelve (12) months.
3.18. Tenant's Pro Rata Share: 37.73 %. Such share is a fraction, the numerator of which is the Rentable
Area of the Premises, and the denominator of which is the Rentable Area of the Park, as determined by Landlord from time to time.
3.19. Tenant's Use Clause (Article 6): General Office
3.20. Term: The period commencing on the Commencement Date and expiring at midnight on the Expiration Date.
3.21. Trade Name: The City of Temecula
3.22. Miscellaneous Definitions:
Alteration: Any addition or change to, or modification of, the Premises made by Tenant after the fixturing period, including,
without limitation, fixtures, but excluding trade fixtures, and Tenanl's improvements.
Authorized Representative: Any officer, agent, employee, or independent contractor retained or employed by either Party, acting
within authority given him by that Party.
Damage: Inju~/, deterioration, or loss to a person or property caused by another person's acts or omissions, Damage includes
death.
Damages: A moneta~/compensation or indemnity that can be recovered in the courts by any person who has suffered damage
to his person, property, or rights through another's act or omission.
Destruction: Any damage to or disfigurement of the Premises.
Encumbrance: Any deed of trust, mortgage, or other written security device or agreement affectir. g the Premises, and the note
or other obligation secured by it, that constitutes security for the payment of a debt or performance o! an obligation.
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Expiration: The coming to an and of a time Denod specifie~ in the Lease, including, without limitatton. any exte~smo~ of the
ter~ rasultmc~ from the exercise of an option to extancl.
Good Condition: The goocl physical condition of the Premises and each {~x)rtion of the Premises. including, without I~mitatJon,
signs, windows, show windows. appurtenances, and Tenant's personal property. "In good condition" means first-class, neat, clean. and
broom-clean, and is equivalent to similar phrases referring to physical adequacy in appearance and for use.
Hold Harmless: To defend and indemni~ from all liability, losses, penalties, damages, costs. expenses (including, without limitabort,
attorneys' fees), causes of action, claims, or judgments arising out of or related to any damage, as defined herema13ove, to any person
or property.
Law: Any judicial decision, statute, constitution, ordinance, resolution. regulation, rule, administrative order, or other requirement
of any municipal, county, state, federal, or other government agency or authority having jurisdiction over the Parties or the Premises.
or both, in effect either at the time of execution of the L~es~ or at any time during the term, including, without limitarran. any regulation
or order of a Quasi-official entity or Ix)dy (e.g., board of fire examiners or public utilities).
Lender: The beneficiary, mortgagee, secured Party, or other holder of an encumbrance, as defined hereinabove.
Lien: A charge imposed on the Premises by someone other than Landlord, by which the Premises are made security for the
performance of an act. MoSt of the liens referred to in this Lease are mechanics' liens. Maintenance: Repairs, replacement, repainting and cleaning.
Party: Shall mean Landlord or Tenant; and if more than one person or entity is Landlord or Tenant. the obligations imposed
on that Party shall be joint and several.
Person: One or more human beings, or legal entities or other artificial persons, including, without limitation, partnerships,
corporations, trusts, estates, associations, and any combination of human beings and legal entities.
Provision: Any term, agreement, covenant, condition, clause, qualification, restriction, reservation, or other stipulation in the
Lease that defines or otherwise controls, establishes or limits the performance required or permitted ~ either Party.
Restoration: The reconstruction, rebuilding, rehabilitation, and repairs that are necessary to return destroyed portions of the
Premises and other property to substantially the same physical condition in which they were immediately before the destruction.
Successor: Assignee, transferee, personal representative, heir, or other person or entity succeeding lawfully, and pursuant to
the provisions of this Lease, to the rights or obligations of either Party.
Tenant: A person or entity (or their successor in interest) who has signed a valid existing lease for a space in the Park.
Tanant's Improvement: Any addition to or modification of the Premises made by Tenant before, at, or near the commencement
of the term, including, without limitation, fixtures (not including Tenant's trade fixtures).
Tenant's Personal Property: Tenant's equipment, furniture, merchandise. and movable property placed in the Premises by
Tenant, including Tenant's trade fixtures.
Tenant's Trade Fixtures: Any properS/, installed in or on the Premises by Tenant for purposes of trade, manufacture, ornament.
or related use.
Termination: The ending of the term before expiration for any reason.
4. DELIVERY OF POSSESSION.
4.1. If for any reason Landlord does not deliver possession of the Premises to Tenant on the Commencement Date, Landlord
shall not be subject to any liability for such failure, the Expiration Date shall not change and the validity of this Lease shall not be impaired,
but Rent shall be abated until delivery of possession. "Delivery of possession" shall be deemed to occur on the date Landlord completes
Landlord's Work as defined in Exhibit "C." If Landlord permits Tenant to enter into possession of the Premises before the Commencement
Date, such possession shall be subject to the prowagons of this Lease, including, without limitation, the payment of Rent.
5. ACCEPTANCE.
5.1. Tenant's taking possession of the Premises on commencement of the term shall constitute Tenant's acknowledgement
that the Premises are in good condition.
USE; LIMITATIONS ON USE.
6.1. Tenant shall use the Premises solely for the purposes set forth in the Tenant's Use Clause and for no other use without
Landlord's written consent.
Tenant shall conduct its business at the Premises under the trade name set forth in the Tenant's Trade Name Clause and under
no other trade name unless first obtaining the written consent of Landlord.
Tenant's use of the Premises as provided in this Lease shall be in accordance with the following:
6.2.1. Tenant shall not do, bring, or keep anything in or apout the Premises that will cause a cancellation of any
insurance covering the Premises.
If the rate of any insurance carried by Landlord is increasecl as a result of Tenant's use. Tenant shall pay to Landlord within
ten (10) days before the date Landlord is obligateq to pay a premium on the insurance, or within ten (10) days after Landlord delivers
to Tenant a certified statement from Landlord's insurance carrier stating that the rate increase was caused solely by an activity of Tenant
on the Premises, as permitted in this Lease, whichever date is later, a sum equal to the difference between the original premium and
the increased premium.
6.2.2. Tenant shall comply with any master Covenants, Conditions and Restrictions which encumber the real property
on which the Premises are located.
6.2.3 Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including, without
limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity w~th all laws relating
to the condition, use, or occupancy of the Premises during the term.
6.2.4. Tenant shall not use the Premises in any manner that will constitute waste, nuisance or an unreasonable annoyance
to the quiet enjoyment of the tenants of the Park in which the Premises are located (including, without limitation, the use of loudspeakers
or sound or light apparatus that can be heard or seen outside the Premises).
Tenant shall not use the Premises for sleeping, washing clothes, cooking or the preparation, manufacture, or mixing of
anything that might emit any odor or objectionable noises or lights.
6.2.5. Tenant shall not do anything on the Premises that will cause damage to the Premises. Any overloading of
electrical circuits shall be the responsibility of Tenant. No machinery, apparatus, or other appliance shall be used or operated m or
on the Premises that will in any manner injure, vibrate, or shake the Premises.
6.2.6. Tenant shall not display or sell merchandise or allow carts, portable signs, devices or other objects to be stored
or remain outside the defined exterior and permanent doo~vays of the Premises.
6.2.7. Tenant shall not conduct or permit any sale by auction on the Premises.
6.2.8. Tenant shall have for its use and benefit the non-exclusive right in common with Landlord and future owners,
other tenants and their agents, employees, customers, licenseees, subtenants and all others to whom Landlord has granted or may
grant such rights, to use the Common Areas during the entire term of this Lease, or any extension thereof, for ingress and egress,
roadway, automobile parking and sidewalks. Tenant shall have the non-exclusive right to use the number of parking spaces designated
in the Parking Clause. However, Landlord shall, at all times, have the right and privilege of determining the nature and extent of the
Common Areas and of making such changes which in its opinion are deemed to he desirable. Such changes may include. but shall
not be limited to, converting the Common Areas into leasable areas, constructing additional parking facilities ~n the Common Areas,
increasing or decreasing common Area land and/or facilities, the location and reidCation of driveways, entrances, exits, automobile
parking spaces. the direction and flow of traffic, installation of prohibited areas. landscaped areas. and all other facilities thereof. Tenant
acknowle<:lges that such activities may result in occasional inconvenience to Tenant. Nothing contame~l herein shall be deemed to create
any liability upon Landlord as a result of said changes or for any damage to motor vehicles of customers or employees or for loss of
propen'y from within such motor vehicles, unless caused by the negligence of Landlord, its agents, servants or employees.
w~thin such motor vehicles. unless caused by the negligence of Landlord. ~ts agents, servants or em0toyees.
Lancelord shall. at all times during the term of this Lease, have the sole and exclusive control of the Common Areas. and may.
at any time dunng the term hereof. exclude and restrain any person from use or occupancy thereof, exce0tmg, however. pond fide CUStOmers.
patrons and serwce-suppliers of Tenant. and other tenants of Landlord who make use of said areas ~n accordance with the rules and
regulations estabhshed by Landlord from time to time w~th respect thereto. The r~gnts of Tenant hereuncler, in and to the Common Areas.
shall. at all t~mes. be subject to the rights of Landlord. other tenants of the Park and all others to whom landlord has granted such
nghts, to use the same ~n common with Tenant. Tenant shall not, at any t~me, ~nterfere w~th the nghts of landlord. other tenants. or
any other person entitled to use the Common Areas. It shall be the duty of Tenant to keep all Common Areas free and clear of any
obstructions created or permitted by Tenant or resulting from Tenant's operation and to permit the use of any of the parking and roadway
access areas only for normal parking and regress and egress by the said customers. patrons and se~ce-suppliers to and from the
building occupied by Tenant and the other tenants of the Park.
If, in the opinion of Lanqlord, unauthorized persons are using any Common Areas by reason of the presence of Tenant in the
Premises, Tenant. upon demand of Landlord, shall enforce such rights against all such unauthorized persons by appropriate proceedings.
Nothing herein shall affect the rights of Landlord. at any time, to remove any such unauthorized persons from the Common Areas or
to restrain the use of any of the Common Areas by unauthorized persons.
6,2.9. Tenant agrees to comply with such reasonable rules and regulations in the use of the Premises and the Common
Areas as Landlord may adopt from time to time for the orderly and proper operation of the Park. Tenant shall use its best efforts to
cause others who use the Common Areas with Tenant's express or implied permission to abide by Lanotord's rules and regulations.
Such rules may include, but are not limited to. the following:
(i) Normal business hours;
(ii) The hours during which the Common Areas shall be open for use;
(iii) The restricting of employee parking to a limited, designated area or areas and the imposition of finus for
violations of such restrictions or designations; and
(iv) The regulation of removal, storage and disposal of Tenant's refuse and other rubbish.
6.2.10. Tenant shall not use, store, handle or dispose of any hazardous wastes or substances on the Premises or any
part of the Park. The term "hazardous wastes or substances," is used in this section in its very broadest sense and includes, but is
not limited to, petroleum base products, paints and solvents, leads, cyanide, DDT, printing inks, acids, pesticides, ammonium compounds,
asbestos. PCBs and other chemical products.
7. RENT; OPERATING EXPENSES.
7.1. All costs and expenses which Tenant assumes or agrees to pay to Landlord under this Lease shall be deemed additional
rent (which together with Base Rent is sometimes referred to herein as the "Rent"). Tenant shall pay to Landlord, without deduction,
set off, prior notice, or demand, the Rent, in advance, on the first day of each month, commencing on the Commencement Date and
continuing during the Term. Base Rent for the first month or a portion of it shall be paid upon execution of this Lease. Base Rent for
any partial month shall be prorated at the rate of 1/30th of the Base Rent per qay. Thereafter rent shall be payable in accordance with
the terms of this Section. The total consideration for the term of this Lease shall be increase~l by the amount of any such prorated installment
hereby required. All rent shall be paid to Landlord at the address provided at the beginning of this Lease.
7.2. The amount of Base Rent (and the corresponding Monthly Installments of Base Rent) payable hereunder shall be adjusted
annually (the "Adjustment Date"), commencing on Tenant's First Adjustment Date. Adjustments, if any, shall be based upon increases
(if any) in the Index. The Index in publication three (3) months before the Commencement Date shall be the "Base Index." On each
Adjustment Date, the Base Rent shall be increased by a percentage equal to the percentage increase, if any, in the Index in publication
three (3) months before the Adjustment Date (the "Comparison Index") over the Base Index ("adjusted Base Rent"). In the event the
Comparison Index in any year is less than the Comparison Index (or Base Index, as the case may be) for the preceding year, the Base
Rent shall remain the amount of Base Rent payable during that preceding year. When the adjusted Base Rent payable as of each Adjustment
Date is determined. Landlord shall give Tenant written notice of such adjusted Base Rent and the manner in which it was computed.
The adjusted Base Rent shall thereafter be the "Base Rent" for all purposes under this Lease.
If at any Adjustment Date the Index no longer exists in the form described in this Lease, Landlord may substitute any
substantially equivalent official index published by the Bureau of Labor Statistics or its successor. Landlord shall use any appropriate
conversion factors to accomplish such substitution. The substitute index shall then become the "Index" hereunder.
In no event shall the Base Rent be adjusted to reflect an increase greater or lesser than the percentages (if any) described
in the Cost of Living Adjustment Range Clause.
7.3. If this Lease terminates before the expiration date for reasons other than Tenant's default, Base Rents shall be prorated
to the date of termination, and Landlord shall immediately repay to Tenant all Base Rent then prepaid and unearned.
7.4. On execution of this Lease, Tenant shall deposit with Landlord the Security Deposit for the performance by Tenant of the
provisions of this Lease. If Tenant is in default, Landlord can use the Security Deposit, or any portion of it. to cure the default or to
compensate Landlord for any damage sustained by Landlord resulting from Tenant's default. Tenant shall immediately on demand pay
to Landlord a sum equal to the portion of the Security Deposit expended or applied by Landlord as provided in this Section so as to
maintain the Security Deposit in the sum initially deposited with landlord. If Tenant is not in default at the expiration or termination
of this Lease, landlord shall return the Security Deposit to Tenant, less any amounts required to restore the Premises to good condition
and repair, including damage resulting from the removal by Tenant of its trade fixtures or equipment. landlord's obligations with respect
to the Security Deposit are those of a debtor and not a trustee. landlord can maintain the Security Deposit separate and apart from
Landlord's general funds or can commingle the Security Deposit with Landlord's general and other funds. Landlord shall not be required
to pay Tenant interest on the Security Deposit.
7.5. For purposes of this Article, Operating Expenses shall mean all direct costs of operation and maintenance, as determined
by standard accounting practices, including, but not limited to, Common Area expenses, real property taxes, maintenance, repairs, utilities,
services and insurance.
Tenant shall pay to Landlord, as additional rent, Tenant's Pro Rata Share of such Operating Expenses in the following manner:
7.5.1. Tenant shall pay to Landlord, as additional rent, on the first day of each calendar month of the term of this Lease.
an amount equal to Landlord's best estimate (based on Landlord's budgeted figures) of Tenant's monthly Pro Rata Share of the Operating
Expenses.
7.5.2. Within thirty (30) days following the end of each calendar year, landlord shall furnish Tenant with a statement
covering the calendar year just expired (certified as correct by an authorized representative of Landlord, or if requested by a malonty
of the tenants in the Park, by a certified public accountant) showing (i) the total Operating Expenses; (ii) the amount of Tenant's Pro
Rata Share of such Operating Expenses for such calendar year; and (iii) the payments made by Tenant with respect to such period
as set forth in Section 7.5.1. If Tenant's payments exceed Tenant's Pro Rata Share of such Operating Expenses, Tenant shall be entitled
to offset the excess against the next payments due landlord as set forth in Section 7.5.1. However, if Tenant's Pro Rata Share of such
Operating Expenses exceeds Tenant's payments, Tenant shall pay landlord the deficiency within ten (10) days after receipt of such
statement. In addition, Tenant's Pro Rata Share of the total Operating Expenses for the previous calendar year shall be used as an
estimate for the current year and paid to landlord pursuant to the provisions of Section 7.5.1.
7.5.3. Landlord may, at its option, by service of written notice on Tenant, choose to alter any payment periods provided
for by this Lease under the Articles titled "Rent; Operating Expenses," "Taxes; Assessments," "Maintenance" and "Indemnity and
Exculpation; Insurance."
8. TAXES; ASSESSMENTS.
8,1. Tenant shall pay, before delinquency, all taxes. assessments, license fees and other charges ("taxes") that are levied and
assessed against Tenant's personal property installed or located in or on the Premises. and that become payable dufing the term. On
demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments.
Whenever possible, Tenant shall cause said trade fixtures, furnishings, equipment and personal property to be separately
assessed. If, however, any taxes on Tenant's personal property are levied against Landlord or landlord's property, or if the assessed
IND. NNN 11/~
value of the Premises is increased by the inclusion of a value place<:] on Tenantis personal property. and ~f Landfore Days the taxes
or, a,~y ol the,..e items or the taxes based on the increased assessment of these ~tems. Tenant, on demand. Shall immediately re~mt)urse
Landford for the sum of the taxes lewed against Landion:l, or the bropott~on of the taxes resulting from the ~ncreese in Landford's assessment.
Landlord shall have the right to pay these taxes regardless of the validity of the levy.
8.2. Tenant shall pay to Landlord, in the manner provided in Section 7.5, Tenant's Pro Rata Share. of all real property taxes
and general and special assessments ("real property taxes*') levied and assessed against the land, building, and other improvements
of which the Premises are a pan.
8.3. If any general or special assessment is levied and assessed against the Premises which under the laws then in force
may be evidenced by improvement or other Ponds and may be paid m annual installments, only the amount ol such annual installment.
with appropriate proration for any partial year, and interest thereon, shall be included within a computation of taxes and assessments
levied against the Premises.
8.4. Tenant shall pay to Landlord any and all excise, privileges and other taxes (other than net income and estate taxes) levied
or assessed by any federal, state or local dutYrarity ("taxing authority") upon the rent received by Landlord hereunder. Tenant shall also
pay to Landlord any business tax imposed upon Landlord by any taxing authority whether or not such tax is based or measured, in
whole or in part, by amounts charged to Tenant or received by Landlord from Tenant under this Lease.
8.5. If at any time during the term of this Lease, any taxing authority shall alter the methods and/or standards of taxation and/or
assessment ("tax plan"), in whole or in part, so as to impose a tax plan in lieu of or in addition to the tax plan in existence as of the
date of this Lease, such taxes or assessments based upon such altered tax plan including: (i) any tax, assessment, excise, surcharge,
fee, penalty, bond or similar imposition ("impositions") whether or not in lieu, partially or totally, of any impositions assessed against
the land, building, and other improvements of which the Premises are a part prior to any alterations in the tax plan; (it) any impositions
on Landlord's right to rent or other income from the Premises or egainst Landlord's business of leasing the Premises; (iii) any ~mposit~ons
allncabte to or measured by the area of the Premises or the rent payable hereunder, including without limitation any impositions levied
by any taxing authority with respect to such rental or with respect to the possession, leasing, operation, management, maintenance,
alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof; (iv) any impositions upon this Lease transaction
or any document to which Tenant is a party which creates or transfers any interest or estate in or to the Premises; and (v) any special,
unforeseen or extraordinary impositions however deScribed, shall also be considered taxes for the purposes of this Lease.
8.6. Tenant's liability to pay real property taxes shall be prorated on the basis of a 365 day year to account for any fractional
portion of a fiscal year included in the term at its commencement and expiration.
9. MAINTENANCE,
9.1. Except as provided in Section 9.4. and the Articles titled "Destruction" and "Condemnation," Tenant shall, at ~ts sole expense,
maintain the entire Premises in good tenantable condition and repair. including without limitation all additions and ~mprovements made
by the Tenant as well as all items of maintenance. alteration, or reconstruction that may be reduired by a governmenlal agency hawng
jurisdiction thereof. If Tenant fails to keep the Premises in said condition, Landlord shall have the right, at Landlord's option, to enter
the Premises in order to place same in the required condition and repair. Tenant shall immediately pay to Landlord the cost thereof,
together with interest at the maximum rate allowed by law.
9.2. Landlord shall not have any responsibility to maintain the Premises. Tenant, as a material part of the consideration rendered
to Landlord, in entering into this Lease, hereby waives the provisions of Civil Code Section 1941 and 1942 with respect to Landlord's
obligation for tenantability of the Premises and Tenant's right to make repairs and deduct the expense of such raba~rs from rent.
9.3 Landlord shall, at Tenant's cost, keep and maintain all window and door glass, utilities, fixtures and mechanical
equipment, including any heating and/or air conditioning units servicing the Premises and used by Tenant (excluding Tenant's personal
propony and trade fixtures), in good order, condition and repair. Tenant shall pay to Landlord, in the manner provided in Section 7.5,
Tenant's Pro Rata Share of all such maintenance and repair costs.
9.4. Landlord shall keep in good condition and repair the roof and structural components of the Premises, except when such
maintenance and repair is necessitated by reason of Tenant's negligence, alteration of or addition to the Premises, or Preach of any
term or condition of this Lease. Landlord shall have no obligation to make any such repairs until Landlord has received written notice
from Tenant with respect to the need for such repairs, and Landlord shall not be deemed to be in default with respect to its obligation
to repair unless and until Landlord has (i) received said written notice and (it) failed to make such repairs within a reasonable period
following the receipt of said notice. Landlord shall, after receiving written notice, exercise due diligence in making such repelrs. Tenant
hereby waives any provisions of law permitting Tenant to make repairs at Landlord's expense. Landlord shall enforce any construction
warranties for the benefit of Tenant to the extent that they are available.
9.5. Landlord shall, at Tenant's cost, maintain the Common Areas in a neat, clean and orderly condition and repair, properly
lighted and landscape~, and shall operate the Park, in Landlord's sole discretion, as a first class industrial/commercial real property
development. All expenses of maintenance in connection with the Common Areas shall be charged and prorate(] in the manner set
forth in Section 7.5. It is understood and agreed that the phrase "expenses in connection with said Common Areas" shall include, but
shall not be limited to, all sums expended in connectran with said Common Areas for all general maintenance and repairs, resurtac~ng,
painting, restriping, cleaning, sweeping and janitorial services, maintenance and repair of sidewalks, curbs, and Park signs (other than
Tenanl's sign), sprinkler systems, planting and landscaping; lighting and other utilities; painting of all exterior surfaces of the building
or buildings in the Park; directional signs and other markers and bumpers; maintenance and repair of any fire protection systems, automatic
spnnkler systems, lighting systems, storm drainage systems and any other utility systems; personnel to implement such service, including,
if Landlord deems necessary, the cost of security guards and/or all costs and expenses pertaining to a security alarm system for the
tenants; police and fire protection services; personal property taxes levied on or attributable to personal property owned by Landlord
which is consumed in the operation or maintenance of the Common Areas; depreciation and maintenance on operating machinery
and equipment (if owned) and rental paid for such machinery and equipment (if rented); any parking charges, surcharges or any other
costs levied or assessed by local, state or federal governmental agencies in connection with the use of parking facilities; fees lor required
licenses and permits; abeduate public liability and property damage insurance on the Common Areas; reserves for exterior painting
and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of the said Common Areas, which
cost shall not exceed three percent (3%) of the total of the aforementioned expenses for said calendar year. Landlord may, however,
cause any or all of the said servc~es to be provided by an independent contractor or contractors.
9.6. Landlord's exercise of any right or obligation to maintain or repair the Premises, Common Areas and/or other areas of
the Park shall not entitle Tenant to any abatement of rent, compensation or damages for injun/, loss or inconvenience occesioned thereby.
10. UTILITIES AND SERVICES.
10.1. Except as provided in Section 10.2, Tenant shall make all arrangements for and pay for all utilities and services furnished
to or used by it, including, without limitation, gas, electricity, water, telephone service, and trash collection, and for all connection charges.
10.2. In the event that any utlities are furnished by Landlord, Landlord shall only be required to provided heating, a~r conditioning
and ventilation during normal business hourS. Normal business hours shall be defined from time to time by Landlord in the rules governing
the use of the Common Areas. Tenant shall pay for such utilities and any amount paid by Landlord shall thereupon become due to
Landlord from Tenant. as additional rent. Tenant shall pay a reasonable proportion of all charges which are jointly metered. the determination
to be made by Landlord based upon Tenant's proportionate share of the occupied square footage of the building or buildings serviced
by such meter and any extraordinary uses which may be made by Tenant.
10.3. Landlord shall, during all normal business hours, maintain and keep lighted the common stairs. common entries and
toilet rooms in the building of which the Premises are a part. Landlord shall not be liable for. and Tenant shall not be entitled to. any
reduction of rental by reason of Landlord's failure to furnish any utilities when such failure ~s caused by accident, breakage, repairs,
strikes, lockouts or other lapor disturbances or laPor disputes of any character. or by any other cause. similar or dissimilar, beyond the
reasonable control of Landlord. No such failure or interruption shall entitle Tenant to terminate this Lease. Landlord shall not be liable.
under any circumstances for a loss of or injury to property. however occurring. through or ~n connection with or incidental to failure
to furnish any of the foregoing. Wherever heat generating machines or equipment are used ~n the Premises which affect the temperature
otherwise maintained Dy the air conditioning system, Landlord reserves the right to install supplementary air conditioning units m the
Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by
INO NNN
Tenant to Landlord upon demand by Landlord.
10.4. Tenant may. at its expense, elect to install ,Is own meter for any utilities which are io,ntly tastered by wnttan notice
delivered to Landlord thirty (30) days pr~or to the ~n~t~at~on by Tenant of any work to effectuate such change.
11. INDEMNITY AND EXCULPATION; INSURANCE.
11.1. Tenant does hereby ~ndemmfy, is liable for. and holds Landlord harmless from any loss by reason of iniu~f ~o any person
or property. from whatever cause, all or in part connected w~th the condition or use of the Premises or the improvements or personal
property located therein. including without limitation, any liaDdity for ~nlury to the person or property of Tenant. ~ts agems. officers. employees.
~nwtaes. or trespassers. Tenant shall. at Tenant's expense, resist and defend any suc~ action, suit. or proceeding or cause the same
to be resisted or defended by counsel designated by Tenant and approved by Landlord. Tenant's obligation hereunder shall survive
the termmarion of this Lease, if the incident requirmg such defense occurred during the Lease term.
11.2. Tenant. as a material part of the consideration rendered to Landlord, ~n entering into this Cease. hereby waives all claims
against Landlord for damages to goods. wares and merchandise in, upon and about the Premises and for iniury to Tenant. ~ts agents.
employees. ~nvitees, or any third person m or about the Premises from any cause at any time.
11.3, Public Liability and Property Damage Insurance.
11.3.1. Landlord shall maintain, at Tenant's expense, a policy or policies of insurance protecting agamst the following:
(i) Fire and other perils normally included in the extended coverage insurance with special form. to the extent
of at least one hundred percent (100%) of the insurable value of the building and other ~mprovements on the Premises exclusive of
trade fixtures and equipment belonging to Tenant;
(it) Rent loss insurance to the extent of at least one hundred percent (100%) of the annual gross rentals from
the Park of which the Premises constitutes a part; and
(iii) Public liability and property damage insurance and products liability insurance with respect to Common Areas
for the joint benefit of Landlord and Tenant in amounts (i) not less than $1,000.000 for injury or death to any one person, (it) not less
than $1,000,000 per occurrence, and (iii) not less than $250,000 per occurrence for damage to property. Said amount shall be subject
to adjustment every three (3) years to the then prevailing limits normally required for operations of the type conducted by Tenant on
the Premises.
11.3.2. Tenant shall pay to Landlord, as additional rent, and in the manner provided in Section 7.5. Tenant's Pro Rata Share
of the cost of insurance required in Sections 11.3.1 and 11.3.6.
11.3.3. Tenant shall maintain in force a policy or policies of fire and extended coverage insurance with respect to its
fixtures and equipment located in the Premises with vandalism and malicious mischief endorsements to the extent of at least one hundred
percent (100%) of their insurehie value. During the term of this Lease. the proceeds of any such policy or policies of fire insurance
shall be used soley for the repair or replacement of the fixtures or equipment so insured. Landlord shall have no claim or interest in
sa~d insurance and will sign all documents necessary 1o effectuate the settlement of any claim or loss by Tenant.
11.3.4. Tenant shall maintain during the term of this Lease, with an insurance company acceptable to Landlord, a
comprehensive general liability insurance policy, endorsed with a "broad form" endorsement, with respect to the Premises. for the joint
benefit of Landlord and Tenant for personal injury in amounts of not less than $500,000 for injury or death to any one person, and in
an amount not less than $1,000.000 per occurrence, and for property damage m an amount of not less than $250,000 Der occurrence.
The amounts of such public liability insurance shall be increased from time to time as Landlord may reasonably determine. Tenant shall
name Landlord as additional insured on such policy. Tenant shall furnish Landlord with a certificate of insurance with respect to such
policy or policies prior to entry of the Premises.
11.3.5. Landlord and Tenant hereby mutually release each other from liability and waive all right to recover against each
other from any loss from perils insured against under their respective fire insurance policies, including any extended coverage and
endorsements to said policies. It is provided, however, that this subparagraph shall be inapplicable if it would have the effect, but only
to the extent that it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. The Parties shall obtain, if available,
from their respective insurance companies, a waiver of any right of subrogation which said insurance company may have against the
Landlord or the Tenant, as the case may be. In the event that the insurance company of Tenant does not wawe the right of subrogation
against Landlord and its insurance company, Tenant shall (i) maintain during the term of this Lease fire legal liability coverage with
respect to the Premises and (ii) shall pay to Landlord upon demand, Landlord's cost incurred in securing fire legal liability protecting
Landlord ~n the event of the destruction of Tenant's property.
11.3.6. Landlord may maintain, at the Tenant's expense (pro rated in the manner described in Section 7.5), boiler and
machiner~ ~nsurance on all boilers, heating equipment. air conditioning equipment. and other pressure vessels and systems that may
be located ~n, on, or about the Premises. Tenant shall reimburse Landlord for the insurance prowdad by Landlord under this subparagraph
in accordance with the terms set forth in Section 11.3.2.
11.3.7. All the insurance required under this Lease shall:
(i) Be issued by insurance compames authorized to do business in the State of California. with a financial rating
of at least superior status as rated in the most recent edition of Best's Insurance Reports; (it) Be issued as a primary policy;
(iii) Contain an endorsement requiring thirty (30) days written notice from the insurance company to both Landlord
and Landlord's lender before cancellation or change ~n the coverage, scope, or amount of any policy.
Each policy. or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with the other
Party at the commencement of the terms, and as to renewal of the policy not less than twenty (20) days before expiration of the term
of the policy.
12. ALTERATIONS, ADDITIONS, IMPROVEMENTS.
12.1 Tenant shall not make any alterations, additions or improvements to the Premises. Any alterations, additions or improvements
desired by Tenant shall be made by Landlord only after Tenant submits detailed final plans and drawings to Landlord and obtains Landlord's
approval of such plans. Any such alterations, additions or ~mprovements shall be in conformity with the laws of all applicable government
authorities and excepting movable furniture, trade fixtures, machinery and other trade equipment shall become part of the realty and
belong to Landlord, However. Landlord can elect, within thirty (30) days before expiration of the term, or within five (5) days after termination
of the term, to require Tenant to remove any alterations, additions or improvements Tenant has made to the Premises. If Landlord so
elects, Tenant at its cost shall restore the Premises to the condition designated by Landlord in its election, before the last day of the
term, or within ten (10) days after termination of the Lease, whichever is first.
12.2. Tenant may install trade fixtures, machinery or other trade equipment in conformance with the laws of all applicable
government authorities. Tenant may remove any of such trade fixtures or machinery upon the expiration or termination of this Lease;
provided that, Tenant is not in default under the terms and conditions of this Lease.
12.3. In the event that Tenant installs trade fixtures, machinery or other trade equipment, Tenant shall return the Premises on
expiration or termination of this Lease to the same condition as existed at the date of entry, reasonable wear and tear excepted. In
any event, Tenant shall repair any damage resulting from the removal of trade fixtures, machinery or other trade equipment of Tenant.
13. MECHANICS' LIENS.
13.1. Tenant shall pay, when due, all costs for construction done by it or caused to b~ done by it on the Premises as
permitted by this Lease. Tenant shall keep the building, other improvements, and land free and clear of all meshanton' liens resulting
from construction done by or for Tenant. Tenant hereby indemnifies and holds Landlord harmless against loss, damage, attorney's fees
and all other expenses on account of claims of lien of laborers or materialman or others for work performed or materials or supplies
furnished for Tenant or persons cia~ming under it.
Tenant shall have the right to contest the correctness or the validity of any such lien if, immediately on demand by
Landlord. Tenant procures and records a lien release bond issued by a corporation authorized to issue surely bonds in California in
an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Co,de Section
3143 and shall provide for the payment of any sum that the claimant may recover on the claim (toga{her with costs of suit, if it recovers
INO. NNN 11/~6
in the action).
14. DESTRUCTION.
14.1. If, during the term, the Premises are totally or partially destroyecl by a risk covered by the ~nsurance descnbed ~n
Section 11.3, rendering the Premises totally or pathally inaccessible or unusable. Landlord shall restore the Premises to subetantlally
the same condition in which they were immediately before destruction. The process of such restoration styall begin w~thin ninety (90)
days after the date of destruction.
Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either Party can term0nate th,s
Lease immediately by giving notice to the other Party.
If the cost of the restoration exceeds the amount of proceeds received from the insurance recluired under Section 11.3.3, Landlord
can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed
the insurance proceeds. In the case of destruction of the Premises, if Landlord elects to terminate this Lease, Tenant, within fifteen
(15) days after receiving Landlord's notice to terminate can elect to pay to Landlord, at the time Tenant notifies Landlord of its election,
the difference petween the amount of insurance proceeds and the cost of restoration: in which case, Landlord shall reslore the Premises.
Landlord shall give Tenant satisfactory evidence that all sums contributed by Tenant as provided in this Section have been expended
by Landlord in paying the cost of restoration.
If Landlord elects to terminate this Lease and Tenant does not elect to contribute toward the cost of restoration as provided in
this Section, this Lease shall terminate.
14.2. If, during the term, the Premises are totally or partially destroyed from a risk not covered by the insurance described in
Section 11.3, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises to substantially
the same condition in which they were immediately before destruction. The process of such restoration shall beg0n within ninety (90)
days after the date of destruction. Such destruction shall not terminate this Lease.
However, if the cost of restoration exceeds five percent (5%) of the then replacement value of the portion of the Premises that
are destroyed, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration
cost and replacement value.
In the case of destruction to the Premises, if Landlord elects to terminate this Lease. Tenant. within fifteen (15) days after receiving
Landlord's notice to terminate, can elect to pay to Landlord, at the time Tenant notifies Landlord of its election, the difference between
five percent (5%) of the then replacement value of the Premises and the actual cost of restoration; in which case. Landlord shall restore
the Premises. Landlord shall give Tenant satisfactory evidence that all sums contributed by Tenant as provided in this Section have
been expended by Landlord in paying the cost of restoration.
If Landlord elects to terminate this Lease and Tenant does not elect to perform the restoretlon or contribute toward the
cost of restoration as provided in this Section, this Lease shall terminate.
If the existing laws do not perm0t any restoration as described in this Section, either Party can terminate this Lease ,mmeO~ately
by giving notice to the other party.
14.3. If Landlord is reduired or elects to restore the Premises as provided in this Article. Landlord shall not be required
to restore alterations made by Tenant, Tenant's improvements, Tenant's trade fixtures. and Tenant's personal property, such excluded
items being the sole responsibility of Tenant to restore. Without interfering w~th Lanqlord's restoration process, Tenant shall commence
and diligently prosecute the restoration of such alterations and improvements and shall replace all trade fixtures, equipment and personal
property promptly upon delivery of the Premises to Tenant.
14.4. If Landlord is required or elects to restore the Premises as provided in this Article, Tenant shall continue the operation
of its business on the Premises. during the restoration period, to the extent reasonably practicable from the standpoint of prudent bus~ness
management, and to the extent that it will not interfere with the restoration process.
14.5. Tenant shall not De entitled to any compensation or damages from Landlord as a result of any partial or total destruction
of the Premises or for any inconvenience, loss, or damage that Tenant may incur as a result of the restoration process.
14.6. In the event that either Party elects to terminate this Lease under the enabling provisions of this Article, Tenant
shall surrender to the Landlord all proceeds from the insurance policies described in Section 11.3, excluding proceeds for Tenant's trade
fixtures and equipment.
14.7. In case of destruction caused from a risk covered by the insurance provided in Section 14.1, there shall be no
abatement or reduction of rent. In case of destruction caused from a risk not covered by the insurance provided in Section 14.2, there
shall be an abatement or reduction of rent, except any percentage rent, between the date of destruction and the date of completion
of restoration, based on the extent to which the destruction interferes with Tenant's use of the Premises.
14.8. Tenant waives the provisions of Civil Code Section 1932(2) and Civil Code Section 1933(4) with respect to any destruction
of the Promises.
15. CONDEMNATION.
15.1. "Condemnation" means (a) the exercise of any governmental power, whether by legal proceedings or otherwise. by a
condemnor, and (b) a voluntary sale or transfer by Landlord to any condemnor, e~ther under threat of condemnation or while legal
proceedings for condemnation are pending.
15.2. "Date of taking" means the date the condemnor has the right to take possess0on of the property being condemned.
15.3. "Award" means all compensation, sums, or anything of value awarded, paid or received on a total or partial condemnation.
15.4. "Condemnor" means any public or quasi-public authority, or private corporation or individual, having the power of
condemnation.
15.5. If, during the term or during the period of time between the execution of this Lease and the date the term commences,
there is any taking by condemnation of all or any part of the land, building, or other improvements, of which are a part of the Premises.
or any interest in this Lease. the rights and obligations of the Parties shall be determined pursuant to this Articte. 15.6. If the Premises are totally taken by condemnation, this Lease shall terminate on the date of taking.
15.7. If any portion of the Premises is taken by condemnation, this Lease shall remain in effect, except that Tenant can elect
to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises.
If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate pursuant to this Section by giving notice to Landlord
within thirty (30) days after the nature and the extent of the taking have been finally determined. If Tenant elects to terminate this Lease
as provided in this Section, Tenant also shall notify Landlord of the date of termination, which date shall not be earlier than thirty (30)
days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate. Provided, however, that this Lease
shall terminate on the date of taking if the date of taking falls on a date before the date of termination as designated by Tenant. If Tenant
does not terminate this Lease w~thin the thirty (30) day perled, this Lease shall continue in full force and effect, except that Rase Rent
shall be reduced pursuant to Section 15.8.
15.8. If the parking area of the Premises is taken by condemnation, this Lease shall remain in full force and effect. Prowded,
however, that if fifty percent (50%) or more of the parking area is taken by condemnation, either Party shall have the election to terminate
this Lease pursuant to this Section.
If either Party elects to terminate this Lease, it must terminate pursuant to this Section by giving notice to the other Party within
thirty (30) days after the nature and extent of the taking have been finally determmecl. The Party terminating this Lease also shall notify
the other Party of the date of termination, which date shall not be earlier than thirty (30) days or later than ranely (90) days after the
terminating Party has notified the other Party of its election to terminate. Provided. however, that this Lease shall terminate on the date
of taking if the date of taking falls on a date before the date of termination des~gnatecl ~n the notice from the terminating Party. If th~s
Lease ~s not terminated within lhe thirty (30) day period. it shall continue ~n full force and effect.
If any porhon of the Premises ~s taken by condemnahon and th~s Lease remains ,n full force and effect. on the date of taking
the Base Rent shall be reduced by an amount that is in the same ratio to Base Rent as the value of the area of the port~on of the Premises
taken bears to the total value of the Premises ~mmedistely before the date of taking.
15.9. If, within thirty (30) days after the date that the nature and extent of the taking are finally betermmed. Landlord not~fies
Tenant that Landlord at ~ts cost will add on to the remaining Premises' parking area so that the area and the aDproxlmate layout of
the Prem,ses and parking area wdl be substantially the same after the date of taking as they were before the date of taking. and Landlord
commences the restoration ~mmeOiately and completes the restoration w~thm ninety (90) days after Landlord not~fias Tenant. th~s Lease
shall continue ~n full force and effect w~thout any reduction ~n Base Rent. except the abatement or reduction made pursuant to Section 15.12.
15.10. Each Party waives the prov~s,ons of Code of Civil Procedure Section 1265.120 allowing e~ther Party to petition the suoer~or
court to terminate this Lease ~n the event of a partial taking of the Premises.
15.11. If there is a partial taking of the Premises and th~s Lease remains m full force and effect ~)ursuant to Section 15.7. Landlord
at its cost shall accomplish all necessary restoration.
15.12. Rent, except for any percentage rent. shall be abated or reduced during tr~e period from the date of taking untd the
completion of restoration. but all other obligations of Tenant under this Lease shall remain ~n full force and effect. The abatement or
reduction of rent shall be based on the extent to which the restoration interferes w~th Tenant's use of the Premises.
15.13. The award shall belong to and be paid to Landlord, except that Tenant shall receive from the award the following:
A sum attributable to Tanant's improvements or alterations made to the Premises by Tenant in accordance with this Lease. which
Tenant's ~mprovements or alterations Tenant has the right to remove from the Premises pursuant to the prowsions of th~s Lease but
elects not to remove; or, if Tenant elects to remove any such Tenant's improvements or alterations. a sum for reasonable removal and
reidcation costs not to exceed the market value of such improvements or alterations.
A sum attributable to any excess of the market value of the Premises (exclusive of Tenant's improvements or alterations for which
Tenant is compensated under this Section) for the remainder of the term, over the present value at the date of taking of the Base Rent
payable for the remainder of the term.
A sum attributable to that portion of the award constituting severance damages for the restoration of the Premises.
15.14. The taking of the Premises or any part of the Premises by military or other public authority shall constitute a taking of
the Premises by condemnation only when the use and occupancy by the taking authority has continued for longer than 180 consecutive
days. During the 180 day period, all the provisions of this Lease shall remain in full force and effect. Provided, however, that rent, except
for any percentage rent, shall be abatad or reduced during such period of taking based on the extent to which the taking interferes
with Tenant's use of the Premises. Landlord shall be entitled to whatever award may be paid for the use and occupation of the Premises
for the period involved.
16, ASSIGNMENT,
16.1. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease all or any part
of the Premises, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of
the Premises, without first obtaining Landlord's consent through strict accordance with the following procedure:
16.1.1. Tenant must first give to Landlord a written notice of intent to sublease or assign (referred to herein as "Tenant's
Notice") at least one hundred and twenty (120) days prmr to the effective date of any proposed subletting or assignment. Tanant's Notice
must contain the following: (i) whether Tenant proposas to assign or sublet; (ii) the identity and trade of the proposed assignee o~ sublessee
(each of which is referred to herein as the "Transferee") with accompanying financial statements for both the individual Transferee and
its business entities; (iii) a signed statement from both the Tenant and the proposed Transferee stating all the terms and conditions
of all their transactions concerning the Premises; and (iv) in the case of a subletting, a copy of the proposed sublease.
16.1.2. Tenant must at all times promptly notify Landlord of any change and/or alteration of the items required to be in
Tenant's Notice. Tenant's failure to do so, or any misrepresentation or untruth contained in Tenant's Notice, by either the Tenant or the
proposed Transferee, shall constitute a default by Tenant, and landlord shall have the right to elect to terminate this Lease Agreement.
16,1.3. After receipt of Tenant's Notice, landlord may, at any time within ninety (90) days of said receipt, cancel this Lease
by mailing a written cancellation notice to Tenant. Such cancellation will become effective thirty (30) days after receipt of said notice
by Tenant.
16.1.4. If Landlord fails to exercise its right to cancel this Lease within the before-mentioned ninety (90) day period, said
cancellation right on the part of the landlord shall be deemed waived, but only with respect to the assignment or subletting specified
in Tanant's Notice. Tenant may thereafter assign this Lease or sublet the Premisss in accordance with the terms of Tenant's Notice
and the restrictions of this Article.
Any mortgage, pledge or assignment of this Lease, or if Tenant is a corporation, any transfer of this Lease from Tenant by
merger, consolidation, reorganization or liquidation or any change in the ownership of or power to vote the majority of the outstanding
voting stock of Tenant, shall constitute an assignment for the purposes of this section.
Any assignment, encumbrance, or sublease made without obtaining landlord's consent, according to the procedure described
above, shall be voidable and, at Landlord's election, shall constitute a default. landlord's consent to any assignmenl, encumbrance,
or sublease shall not constitute a further waiver of the prewsions of this Section. landlord shall not unreasonably withhold consent,
but reserves the right to require Transferee to be as financially stable as Tenant and for Trensferee's business to be of the same character
and quality as Tenant's business and as the entire Park in general. Tenant agrees to reimburse landlord for Landlord's attorneys' fees
incurred in conjunction w~th the procassmg and documentation of any requested assignment of this Lease or subletting of the Premises,
Consent by Landlord to an assignment or a subletting shall neither release Tenant from its primary liability under this Lease nor from
its obligations as stated in this Article.
16.2. Without in any way limiting any other rights available to landlord at the time of any proposed assignment, landlord
expressly reserves the right to adjust the Base Rent according to any change in the Consumer Price Index as specified in Section 7.2,
whether or not such an adjustment would othen~vise be due at that time.
16.3. One half (1/2) of any consideration received by Tenant for either assigning this Lease or from entering into a sublease
contract, as well as one half (1/2) of any continuing rent paid to Tenant from a Transferee in excess of the rent Tenant was obligated
to pay to landlord at the time of the assignment or sublease, shall be paid to the Landlord in consideration for landlord's consent
to any consignment or subletting. Tenant's failure to pay to Landlord said required consideration shall constitute a default by Tenant
and landlord shall have the right to immediately terminate this Lease Agreement in addition to all other remedies.
16.4. Tenant immediately and irrevocably assigns to landlord, as security for Tenant's obligations under this Lease, all rent from
any subletting of all or a part of the Premises as permitted by this Lease, and Landlord, as assignee and as attorney-in-fact for Tenant,
or a receiver for Tenant appointed on landlord's application, may collect such rent and apply it toward Tenant's obligations under this
Lease. Provided, however, until the occurrence of default by Tenant, Tenant shall have the right to collect such rent.
16.5. No interest of Tenant in this Lease shall be assignable by operation of law (including, without limitation, the transfer of
this Lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment.
16.5.1. If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a
proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person
or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for
the benefit of creditors;
16.5.2. If a writ of attachment or exeCution is levied on this Lease;
16.5.3. If, in any proceeding or action to which Tenant is a Party, a receiver is appointed with authority to take possession
of the Premises.
An involuntary assignment shall constitute a default by Tenant and landlord shall have the right to elec~ to terminate this Lease;
in which case, this Lease shall not be treated as an asset of Tenant.
If a writ of attachment or execution is levied on this Lease, Tenant shall have 10 days in which to initiate removal of the attachment
or execution and six (6) months to remove the same. If any involuntary proceeding in bankruptcy is brought against Tenant, o~ if a recewer
is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed. Landlord
shall have the option to extend said time limitations.
17. DEFAULT.
17.1. The occurrence of any of the following shall constitute a default by Tenant:
INO. NNN 11/~8
17.1.1. The failure of Tenant to pay or cause to be paid when due any rent, moines. or charges required by mis Lease ~o
be naia by Tenant:
17.1.2. The abandonment of the Premises by Tenant as such term ~s defined ~n the Article titled "Abandonment;"
17.1.3. Tenant causing or permitting, without pr~or wrdten consent of Landlord, any act when th~s Lease reduxres Landlord's
prior written consent or prohibits such act;
17.1.4. Failure to Derform any other provision of this Lease, if the failure to perform is not cured within 30 days after no~ice
has boen given to Tenant. If the default cannot reasonably be cured within 30 days, Tenant shall not De in default of this Lease if Tenant
commences to cure the default within the 30 day per~o<:l and diligently and in gooa faith continues to cure the default.
Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that
Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time.
or quit the Premises. No such notice shall De deemed a forfeiture or a termination of this Lease unless Landlorcl so elects in the notice.
17.2. Lendlord shall have the following remedies if Tenant commits a default. These remedies are not all incluswe; they are
cumulative in addition to any remedies now or later allowed by law.
17.2.1. Landlord can continue this Lease in full force and effect and shall have the right to collect rent when due. The Lease
will continue in effect as long as Landlord does not terminate Tenant's right to possession. During the period Tenant is in default, Landlord
can enter the Premises and refet them, or any part of them, to third Parties for Tenant's account. Tenant shall be liable immedlatefy
to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers' commisss~ons, expenses of
remodeling the Premises required by the reletting, and like costs. Relefting can be for a period shorter or longer than the remaining
term of this Lease. Tenant shall pay to Landlord the rent due under this Lease on the dates the rent is due, less the rent Landlord recewes
from any reletting. No act by Landlord allowed by this subparagraph shall terminate this Lease unless Landlord notifies Tenant that
Landlord efects to terminate this Lease. After Tenant's default, and for as long as Landlord does not terminate Tenant's r~ght to possession
of the Premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign or sublet its interest in this Lease pursuant
to Section 16.1 of this Lease.
17.2.2. Landlord can terminate Tenant's right to possession of the Premises at any time. No act by Landlord other than
giving notice to Tenant shall tsrmiante this Lease. Acts of maintenance, efforts to refet the Premises, or the appointment of a receiver
on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession.
On termination, Landlord has the right to recover from Tenant:
(i) The worth, at the time of the award, of the unpaid rent that had been earned at the time of termination of
this Lease;
(it) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned
after the date of termination of this Lease until the time of award exceeds the amount of the loss of rent that Tenant proves could have
been reasonably avoided;
(iii) The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term atler
the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided; and
(iv) Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused
by Tenant's default.
"The worth, at the time of the award," as used in (i) and (it) of this subparagraph is to be computed by allowing interest at
the rate of 10% per annum. "The worth, at the time of the award," as referred to ~n (iii) of this subparagraph is to be computed by
discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%.
17.2.3. If Tenant is in default of this Lease, Lendlord shall have the right to have a receiver appointed to collect rent and
conduct Tenant's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute
an election by Landlord to terminate this Lease.
17,2.4. Landlord, at any time after Tenant commits a default, can cure the default al Tenant's costs. If at any time, by reason
of Tenant's default, Landlord pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be
due immediately from Tenant to Landlord at the time the sum is paid, and if Tenant pays such sum at a later date, d shall bear interest
at the rate of 10o,,b per annum from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together
with accrued interest, shall be additional rent.
17.3. Rent not paid when due shall bear interest at the rate of 10% per annum from the date due until paid.
17.4. In the event any payment of rent required hereby shall not be paid within five (5) days after the same shall be due and
payable, a late charge by way of damages shall be immediately due and payable. Tenant recognizes and acknowledges that default
in making, when due, payments of rent required hereby will result in Landlord incurring additional costs and expenses. Such costs and
expenses include, but are not limited to, processing and accounting charges. legal costs, late charges that may be imposed on Landlord
by the terms of any encumbrance and note secured by any encumbrance covering the Premises. and loss to Landlord of the use of
the money due. Tenant hereby agrees that, in the event of any such late payment, Landlord shall be entitled to damages for the detnment
caused thereby, but that it is extremely difficult and impracticable to ascertain the extent of such damages. Tenant therefore agrees
(i) that a late charge equal to five Dement (5%) of each payment of rent that becomes delinquent ~s a reasonable estimate of said damages
to Landlord and (it) to pay said sum on demand.
Acceptance of any late charge, or any part thereof, shall not constitute a waiver of Tenant's default with respect to the overdue
amount, or prevent Landlord from exercising any of the other rights and remedies available to Lendlord. If rent is not received by the
due date, Landlord shall notify Tenant and Tenant shall, on demand of Landlord, immediately cure the default by presentment of rent
and late charge to Landlord.
17.5. Landlord shall be in default of this Lease if it fails or refuses to perform any prowsion of this Lease that it is obligated
1o Derform if the failure to perform is not cured within 30 days after written notice of the default has been g~ven by Tenant to Landlord.
If the default cannot reasonably be cured within 30 days, Landlord shall not be in default of this Lease if Landlord commences
to cure the default within the 30 day period and diligently and in good faith continues to cure the default.
17.6. If Landlord is in default of this Lease, and as a consequence Tenant recovers a money judgment against Landlord, the
judgment shall be satisfied only oul of the proceeds of sale received on execution of the judgment and levy against the r~ght. title, and
interest of Landlord in the Premises, and out of rent or other income from such real property receivable by Landlord or out of the
consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title, and interest in the Premises.
The obligations of Landlord under this Lease do not constitute personal obligations of Landlord or the individual partners.
shareholders, directors, officers, employees or agents of Landlord. Tenant shall look solely to Landlord's interest in the Leased Premises,
and to no other assets of Landlord, for satisfaction of any liability in resbect of this Lease, and shall not seek recourse against the ind~wdual
partners, shareholders, directors, officers, employees, or agents of Landlord or any of their personal assets for such satisfaction.
18. ADVERTISING.
18.1. Tenant shall not affix any s~gns, advertising placards. names, insignias, trademarks or other descriptive materials on any
window or upon the exterior of any Building, unless Tenant has received the prior written approval of Landlord as to s~ze. type, color.
location, copy, nature and display qualities of any such proposed materials. Tenant shall not d~splay, store or sell any merchandise outside
the defined exterior walls and permanent doorways of the Premises. Tenant shall not install any exterior lighting, amplifiers or s~milar
devices, or use in or about the Premises any advertising media which may be heard or seen outside the Premises. such as flashing
lights. searchlights, loudspeakers, phonographs or radio broadcasts.
19. LANDLORD'S ENTRY ON PREMISES.
19.1. Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable t~mes for any of
the following purposes:
19.1.1. To determine whether the Premises are in good condition and whether Tenant is complying wdh its obhgations unaer
this Lease:
19.1.2. To make alterations, additions and to do any necessary maintenance and repairs, and to make any restoration to
the Premises, or the building and other ~mprovements m which the Premises are located, that Landlord has the r~ght or obhgat~on to Derform:
8 IND NNN 11186
19.1.3. To serve. post, or keep posted any notices required or allowed under the provisions of this Lease.
,9.1.4. To post "for sale" signs at any t~me during the term, to post "for rent" or "for lease" s~gns during the I~ 3 months
of the term. or clurmg any benod wn~le Tenant ~s ~n 0efault.
19.1.5. To show the Premises to prospective brokers, agents, buyers, Tenants, or persons interested ~n an exchange. at
any time during the term;
19.1.6. To shore the foundations, footings. anq walls of the Premises anq to erect scaffolding and protective barrK:ades
around and about the Prem~sas. Out not so as to prevent entry to the Premises. and to do any other act or thing necessary for the
safety or preservation of the Premises ~f there ;s any excavation on any adjacent property or nearby street, With Landlord's consent.
Landlord's right under this subparagraph extends to the owner of the adjacent property on which excavation or construct~ofi Is to take
place and the adiacent property owner's authorized representatives.
Landlord srlall not be liable in any manner for any inconvemence, disturbance, loss of business, nuisance. or other damage ans~rK:J
out of Landlord's entry on the Premises as provided in this suPparagraph except damage resulting from the acts or omiss~ts of Landlord
or its authorized representatives.
Tenant shall be entitled to an abatement or reduction of rent, it Landlord exercises any r~ghts reserved in this subpara~lph, to
the extent that Landlord's entry and activities intedere with Tenant's business on the Premises. Provided, hc~,~'~r. it Landlord's entry
and activities on the Premises result from Tenant's default, Tenant shall not be entitled to any abatement or reduction of rent.
Landlord shall conduct its activities on the Premises, as allowed in this subparagraph, in a manner that will cause t11e ~ ix~sible
inconvenience, annoyance, or disturbance to Tenant.
20. OFFSET STATEMENT, ATTORNMENT, SUBORDINATION.
20.1. Within ten (10) days after request therefor by Landlord, or in the event that upon any sale, assignmerit or hYlXXhecatN~fi
of the Premises by Landlord, an offset statement shall be required from Tenant, Tenant agrees to deliver e certificate, in recordable
form. to any proposed lender or purchaser, or to Landlord, certifying that this Lease is in full force and effect and is unmodified or,
if modified, stating the nature of such modification, and that there are no defenses or offsets thereto, or stating those claimed by Tenant.
Tenanl's failure to deliver such statements within such time shall be conclusive upon the Tenant 1hat this Lease is in full force and effect,
except as and to the extent any modification has been represented by Landlord, and that there are no uncured defaults in Landlord's
performance an(~ that not more than one month's rent has been paid in advance.
20.2. Tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of
sale under any deed of trust made by Landlord covering the Premises, attorn to the purchaser upon any such foreclosure or sale and
recognize such purchaser as Landlord under this Lease.
20.3. Upon the reduest of Landlord, Tenant will subordinate its rights hereunder to the lien of any deed(s) of trust or the lierl
resulting from any other metbed of financing or refinancing, now or hereafter in rome against the Premises or upon any buildings here~ter
placed upon the Premises, and to all advances made or hereafter to be made upon the security thereof. This section shall be self-
operative if no further instrument of supordination is reduired by any lender.
20.4. Tenant. upon request of any Party in interest, shall execute promptly such instruments or certificates to carry out the intent
of Sections 20.2 and 20.3 above as shall be requested by Landlord. Tenant hereby irrevocably appoqnts Landlord as attorney-~n-fact
for Tenant with full power and authority to execute and deliver in the name of Tenant any such instruments or certificatee. If fifteen (15)
days after the date of a written request by Landlord to execute such instruments, Tenant shall not have executed the same, Landford
may. at its option, cancel this Lease without incurring any liability on account thereof; and the term hereby granted is expressly limits,:l
accordingly.
21. NOTICE.
21.1. Any notice, demand, request, consent, approval, or communication that either Party desires or is reduired to gn~ the other
Party or any other person shall be ~n writing and either served personally or sent by prepaid, first-crass mail. registered or certified,
return receipt requested. Any notice, demand, request, consent approval or communication that either Party deeires or ,~ requim,:l to
give to the other Party shall be addressed to the other Party at the address designatari at the beginning of this Lal~e. Either Party
may change its address by notifying the other Party of the change of address. Notice shall be deemed commumcated within 48 hours
from the time of mailing if mailed as provided in this section.
22. WAIVER.
22.1. A delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall neither impair such
right or remedy nor be construed as a waiver.
22.2. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute
only a waiver of timely payments for the particular rent payment involved. No payment by Tenant, or receipt by Landlord, of a lesser
amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement
or statement on any check or any letter accompanying any check or payment as rent by deemed an accord and satisfaction, (unless
Landlord expressly agrees to an accord and satisfaction in a separate writing duly executed by Landlord). Landlord may accept any
check or payment w~thout preludice to Landlord's right to recover the balance of such rent or pursue any other remlKly provide~ in ~s Lease.
22.3. No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall constitute
an acceptance of the surrender of the Premises by Tenant before the expiration of the term. Only a notice from Landlord to Tenant
shall constitute acceptance of the surrender of the Premises and accomplish a termination of the Lease.
22.4. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to
waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.
22.5. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same
or any other provisions of the Lease.
23. SALE OR TRANSFER OF PREMISES.
23.1 Upon consummation of a sale, exchange, assignment or other transfer of all or any portion of the Premises, Landlord shall
be released from any liability thereafter accruing under this Lease. If any Security Deposit or prepaid rent has been paid by Tenant,
Landlord can transfer the Security Deposit or prepaid rent to Landlord's successor. Upon such transfer, Landlord shall be dischargecl
from any further liability in reference to the Security Deposit or prepaid rent.
24. ATTORNEYS' FEES.
24.1. In the event Landlord or Tenant retains an attorney to enforce any provision of this Lease against the other, the Party which
establishes a breach of this Lease shall be entitled to recover from the other all expenses incidental to such enforcement incurred in
any legal proceeOing whatsoever (including but not limited to insolvency, bankruptcy, arbitration, declaratory relief, unlawful detainer
or other litigation), regardless of whether or not suit is brought. Such expenses include, but are not limited to, attorneys' fees, service
of process, filing fees, court and court reporter costs, investigative costs, expert witness fees, and the cost of any bonds, whether taxable
or not. Such reimbursement shall be included in any judgment or final order issued in any proceeding. Any expenses to which Landlord
is entitled shall be considered as rent and are payable within ten (10) days of notice to Tenant of the amount due.
25. SURRENDER OF PREMISES; HOLDING OVER.
25.1. Upon expiration of the term or within ten (10) days after termination of the Lease, Tenant shall surrender to Landford the
Premises and all Tenant's improvements and alterations in good condition, except for: (i) ordinary wear and tear occurring after the
last necessary maintenance made by Tenant; (ii) destruction to the Promises covered by the Article titled "beetruction;" or (ii~ altaretion~
that Tenant has the right tO remove or is obligated to remove under the provisions of Section 12.1. Tenant shall remove all its personal
property, and perform all restoration made necessary by such removal, prior to surrem:lenng the Premises to Landlord.
Landlord can elect to retain or dispose of (in any manner) any alteratioAa or Tenent's personal property that Tenant does not
remove from the Premises on expiration or termination of the Lease by giving st least 10 days' notice to Tenant. Title to any such alteretruria
or Tenants' personal property that Landlord elects to retain or diSlX~e of after expiration of the ten (10) day parind shall veer in Landlord.
Tener~ wan~ all claims agaJnst Landlord for any damage to Tenant resulting ~ Landfo~'s retent~o~ or distx~eiticn of any ~uch stleretions
INCl. NNN ~'1/~
or Tenant's personal property Tenant shall be liable to Landlord for Landlord's costs for stonng. removing, and d~sDosmg of any alterations
or Tenants bersonal property.
If Tenant fails to surrender the Premises to Landlord upon expiration or 10 days after termination of the Lease as reclu~reo by
this Article, Tenant shall hold Landlord harmless from all clamages resulting therefrom, including, w~th limitation. claims made by a
succee<:hng Tenant resulting from Tenant's failure to surrender the Premises.
25.2, If Tenant, w~th Landlord's consent, remains m bossession of the Premises after expiration or termination of the Lease. or after
the date in any notice given by Landlord to Tenant terminating th~s Lease, such possession Dy Tenant shall be deemed to be a month-to*
month tenancy terrainable on 30 days' notme g~ven at any t~me by either Party. During suc~ month-to*month tenancy, Tenant shall pay
all rent required by this Lease. If percentage renl is required by the Lease, ~t shall be pa~d monthly on or before the 101h day of each
month. All prows~ons of this Lease except those pertaining to term shall apply to the month-to*month tenancy.
25.3. The voluntary or other surrender by Tenant or a mutual cancellation of this Lease shall not work a merger, and shall. at the
election of Landlord, either terminate all or any existing subleases or subtenancies or may operate as an assignment to it of any or
all of such subleases or subtenancies. Landlord shall exero~se ~ts elect~on w~th~n thirty (30) days of the event so requmng
26, ABANDONMENT.
26.1. Tenant shall not vacate nor abandon the Premises at any t~me dunng the term of this Lease, nor permit the Premises
to remain unoccupied for a period of longer than ten (10) consecutive days during the term of this Lease. If Tenant shall abandon the
Premises, any personal proper'b/belonging to Tenant and let1 on the Premises shall be dealt with or d~sposed of as provided in Section 25.1.
27. QUIET ENJOYMENT,
27.1. Notwithstanding any subordination as provided ~n the Article titled "Offset Statement, Attornment, Subordination," if Tenant
is not in breach under the covenants made in th~s Lease. Landlord covenants that Tenant snail have peaceful and quiet enioyment of
the Premises without hinderance on the part of Landlord. and Landlord will defend Tenant ~n the peaceful and quiel enloyment of the
Premises against claims of all persons claiming through or under the Landlord.
28. FORCE MAJEURE.
28,1. Any prevention. delay or stoppage due to str~kes. lockouts, labor disputes, acts of God, inability to obtain labor or materials
or reasonable substitutes therefor. governmental restrictions, regulations, or controls. enemy or hostile governmental action. c~wl commohon,
fire or other casualty, and olher causes beyond the reasonable control of the Party obligated to bedorm, shall excuse the performance
by such Party for a period equal to that resulhng from such prevention, delay or stoppage. except those obligations of Tenant to make
payment for rental and other charges pursuant to the terms of this Lease.
29. RELATIONSHIP OF PARTIES.
29.1. The relat;onsh~p of the Part;es hereto ~s that of Landlord and Tenant. and ;t ~s exoressly understoo~ and agreed that Landlord
is not in any way or for any purpose a partner of Tenant, or a ]omt venturer w~tn Tenant in the conduct of Tenants business or otherwise.
30. GENERAL PROVISIONS.
30.1. Time is of the essence of each brovision of th;s Lease.
30.2. Whenever consent or approval of either Party ~s required, that Party shall not unreasonably w~thhold such consent or approval.
30.3. If either Party ~s a corporation. that Party shall deliver to the other Party, on execution of th~s Lease a certified copy of
a resolution of its board of directors authoriz;ng the execution of this Lease and naming the officers that are authorized to execute th~s
Lease on behalf of the corperat~on.
30.4. This Lease shall be binding on and inure to the benefit of the Part;es and their successors, except as prowded in Section
14.1, and all of the Parties hereto shall be Io;ntly and severally liable for the covenants contained hereto.
30.5. Rent and all other sums payable under this Lease must be pa~d m lawful money of the Urnted States of America.
30.6. Except as provided in the Article titled "Default," if a Party elects to terminate th~s Lease as provided hereto. the Part;es
shall be release0 from further liabdities and obligations on the date the Lease terminates. Lancllord shall return to Tenant any unearned
rent, as long as Tenant is not in default on the date the Lease terminates.
30.7. All exhibits referred to are attached to this Lease and incorborated by reference herein,
30.8. This Lease shall be construed and interpreted m accordance with the laws of the State of Califorma and all amendments
thereto which occur subsequent to the execution of this Lease.
30.9. This Lease contains all the agreements of the Parties, and cannot be amended or modified except by a written agreement
signed by all of the parties to this Lease.
30.10. All prows]ohs, whether covenants or conditions, on the part of Tenant shall be deemed to be both covenants and conditions.
30.11. The definitions contained in this Lease shall be used to interpret this Lease.
30.12. The use of the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the
others whenever the context so requires.
30.13. The uneforceability, invalidi~, or illegality of any provision shall not render the other Drovis;ons unenforceable, ~nvahd, or illegal.
30.14. The headings or titles 1o the Articles of this Lease and the Lease Provisions Summary are for convemence only and do
not in any way define, limit or construe the contents of such Articles.
30.15, Except as may otherwise be expressly stated, each payment required to be made by Tenant shall be ~n addition to and
not in substitution for other payments to be made by Tenant.
30.16. Tenant's execution of this Lease is conditioned upon Landlord's execution on or before the thirtieth (301h) day following the
date of this Lease.
EXECUTED as of the day and year first above written. at County, California.
LANDLORD WINDSOR PARTNERS - ~NCHO INDUSTRIAL TENANT THE CITY OF TEMECULA
By: _ By:
Mathew Pollack - General Partner
Frank Aleshire - City Manager
By:
L&ndlo~d's InJtJals
RXtlIRI'r
Tenant's Initials
Tenant:
Address:
Space #:
The City of Temecula
43172, 43174 Business Park Drive
Buildino C, D
EXHIBIT "C"
WORK i,ETTER AGREEMENT
In consideration of the terms and conditions of the Lease and the
terms and conditions hereinafter contained, Landlord and Tenant
agree as follows:
SECTION I - LANDLORD'S STANDARD WORK
1.O1 Landlord has selected certain building standard materials and
building standard designs for the improved portion of Premises
(hereinafter "Landlord's Standard Work"). Except as provided
in Section 2 of this Work Letter Agreement, Landlord shall
furnish and install Landlord's Standard Work in the Premises.
Landlord's Standard Work shall include the following:
1.01-1 Heating. Ventilation and Air Conditioninm A complete
year round air conditioning system will be provided in-
cluding ducted supply distribution and return air in im-
proved space only.
1.01-2 Ceilings Suspended 2' x 4' accoustical ceiling in-
stalled in accordance with the building standard ceiling
design. Ceiling height 8'-6".
1.01-3 Li~htin~ Fixtures - Recessed 2' x 4' fluorescent
lighting fixtures installed in accordance with the build-
ing standard lighting design with four (4) fluorescent
tubes per fixture.
1.01-4 Partitions Building standard 5/8" drywall partitions
erected to the underside of suspended ceiling.
1.01-5 Paintin~ - One (1) coat coverall on walls throughout
the Premises, in colors selected by Tenant from
Landlord's standard paint colors.
l.,)1-6 Doors - Interior Building standard 3'-0" x 6'-8" doors
with building standard frames, hinges, latch sets and
stops; exterior building standard doors with Building
standard hardware including lockset and closers.
1.01-7 Electrical and Telephone Outlets Regular 120 voit
duplex electrical outlets required by the local building
code and one telephone outlet per office, not including
wiring, equipment or fixture customarily furnished by
telephone suppliers.
1.01-.~ C, arpeiing Bulldi,~g standard carpeting and base
throughout the Premises of a type and color selected by
Tenant from Landlord's standard types and colors.
1.01-9 Toilet - Shall consist of water closet, lavatory with
paper towel dispenser, toilet paper holder, one light,
and exhaust fan if required, building standard door and
frame with building standard hardware including privacy
lock, accoustic ceiling, V.C. tile floor and base and
painted walls with 4 foot wainscott on two sides.
SECTION 2 - TENANT'S NON-STANDARD WORK
2.O1 Teqant may request work in addition
Landlord's Standard Wnrk (hereafter
Work").
to or different from
"Tenant's Non-Standard
2.02 Landlord sl~all, upon T~..nant's request in accordance with Sec-
tions 3 and 4 of this Work Letter Agreement, install the fol-
lowing T~.nant's l~on-Standard Work:
2.02-1 Qualities of Landlord's Standard Work in excess of
those provided by Landlord;
2.02-2 Additional improvements beyo,~d Landlord's standard
installati
2.02-3 Additional lighting fixtures and/or any mechanical
equipment in other than building standard design or
locations.
2.02-4 Additional mechanical and electrical equipment and
controls required by Tenant's design or use of the
Premises generating loads in excess of those described in
subparagrapi~ 1.01-1 of this Work Letter Agreement.
2.03 Tenant may request Landlord to install any other Tenant's Non-
Standard Work in accordance with Section 3 and 4 of this Work
Letter Agreement Including but not limited to substitution of
materials or change in design from Landlord's Standard Work.
Any such request shall be subject to written approval of
Landlord, which Landlord may withhold in its sole discretion.
2.04 Landlord shall, upon Tenant's request and at Tenant's expense,
alter, remove and/or replace accoustical ceiling tiles or ex-
posed mechanical suspension system after initial installation
due to installation of Tenant's telepi~one or intercommunica-
tion system.
2.05 All Tenant's Non-Standard Work shall be located within the
Premises.
SECTION 3 - RESPONSIBILITIES OF LANDLORD AND TENANT
3.01 From the information provided by Tenant, Landlord and/or
Landlord's Architect shall prepare a fully-dimensioned floor
plan and a reflected ceiling plan which Landlord shall submit
to Tenant. Expense of the above shall be paid according to
Section 4 of this Exhibit.
3.02 Tenant shall have ten (10) calendar days to review and approve
such plans. Tenant shall also, at or prior to the time of
approval, select paint color(s) and carpet type(s) and
color(s) from Landlord's standard types and colors, and
provide Landlord with any additional information Landlord
needs in order to prepare working drawings and specifications.
3.03 Foilowi~{$ Tena~{t's approval of the floor plan and reflected
ceiling plan, selection of paint colors, selection of carpet
tyye and color, and Landlord's receipt of necessary
information, Landlord and/or Landlord's Architect and Engineer
sh;!11 prepare working drawings and specifications. If Tenant
ha:{ not requested Tenant's Non-Standard Work, Landlord shall,
upon completion of the working drawings and specifications,
an,{ receipt of a building permit, authorize Landlord's Con-
tractor to commence construction.
3.04 If Tenant has requested and Landlord has granted necessary ap-
provals for Tenant's Non-Standard Work, Landlord shall then
submit working drawings and specifications to Tenant for ap-
proval and to Landlord's Contractor to obtain a firm price for
any Tenant's Non-Standard Work. Tenant shall review and ap-
prove the working drawings and specifications within five (5)
calendar days. Upon receipt, Landlord shall submit to Tenant
La~dlord's Contractor's firm price for Tenant's Non-Standard
Wo~.k. Tenant sl~all review and approve Landlord's Contractor's
price within five (5) calendar days. Upon Tenant's written
apI)roval of Landlord's Contractor's price, Landlord shall sub-
mir architectural and engineering plans to the local building
del,artment for approval and the issuance of a building permit.
Up,,n the receipt of same, Landlord shall authorize Landlord's
Co~ltractor to commence construction. In the absence of such
written approval, Landlord shall not be required to authorize
commencement of construction.
3.05 Tenant shall be responsible for delays in completion of the
Premises and additional costs in completing Landlord's Stand-
ard Work and Tenant's Non-Standard Work caused by:
3.05-1 Tenant's failure to timely furnish information or
approvals.
3.05-2 Requests for materials, finishes, or installations
other than Landlord's Standard Work;
3.05-3 Tenant's changes in any plans, drawings or
specifications;
3.05-4 Inaccuracies, omissions, or changes in any information
provided by Tenant; and
3.05-5 Delays in delivery of special materials requiring long
lead time.
3.06 No Landlord's Standard Work or Tenant's Non-Standard Work
shall be performed by Tenant or Tenant's contractor.
SECTION 4 - FINANCIAL
4.01 If Tenant does not request any Tenant's Non-Standard Work,
Landlord shall Install and furnish Landlord's Standard Work at
Landlord's expense, including expense related to preparation
of the fully-dimensioned floor plan, reflected ceiling plan,
and the working drawings and specifications.
4.02
If Tenant requests Non-Standard Work, Tenant shall pay
Landlord all costs related to Tenant's Non-Standard Work, in-
cluding but not limited to:
4.02-1 The cost of professional services (including services
of architects, engineers and consultants) required to in-
corporate Tenant's Non-Standard Work into the working
drawings and specifications;
4.02-2 The cost of materials other titan Landlord's Standard
Work materials and the cost of installing such materials;
and
4.02.3 The cost of any structural changes in the Building.
4.03 Prior to the commencement of any work performed under Sections
3.0i and 4.01 of this letter, Tenant shall pay to the Landlord
a n~n-refundable fee of $ ~/A This is
applicable to the cost of Tenant's Non-Standard Work. In the
event Tenant accepts Landlord's Standard installation, this
fee shall be returned to Tenant upon their taking possession
o! premises.
4.04
Prior to the commencement of Tenant's Non-Standard Work,
Ten{~nt shall pay to the Landlord fifty (50) percent of the
timated cost to improve Tenant's space.
4.05 Following commencement of construction, Landlord shall propor-
tionately bill Tenant monthly for the remaining balance of the
cost ol Tenant's Non-Standard Work. Tenant shall pay Landlord
the entire amount of each statement within ten (10) days after
receipt.
4.06 Notwithstanding Section 7.5.3 of the Lease, any sums payable
by Tenant to Landlord under ti~is Work Letter Agreement wi~i¢ii
shall not be paid upon the due date shall bear interest at a
rate equal to the Prime Rate of Bank of America plus three (3)
percentage points, as that rate may vary from time to time.
Whether or not Tenant requests Tenant's Non-Standard Work,
Tenant shall not be entitled to any credits whatsoever for
Landlord's Standard Work not utilized by Tenant.
Date Tenant
Tenant
Frank Aleshire
City Manager
City of Temecu{a
Date
Land ! ord Mathew Pollack
Genera{ Partner
Windsor Partners
Rancho Industrial
EXHIBIT "D" RULES AND REGULATIONS
~[XCaot with the Drier written consent pt the Landlord. no Tenant shall sell. or i~rmlt
the sale. at retail of newsoa~ers. magazines. per~x~cals. or meetre tickets. m or from the Prommss.
NO s~gn. placard. picture. advertisement. name or notice shall be ~nscrlbe0.
displaysQ. printed or affixed on or to any pail Of the Budding w~thout the prior written consent
of LanOlord LandlOrd snarl have the r<Jht to remove any such s~n. placard. p~cture. advertisement.
name or notice. w*thout notice to. and at the expense of Tenant.
All a~oroved signs or lettering on (~3ors shall De pnnle~. painted. affixed or mscnDeO
at the expense of Tenant by a person approveQ by Landlord.
Tenant shall no( place. or allow to De placed. anything near the glass Of any w~ndow.
door. pastion or wall which may appear unsightly from outage the Proml~. However. Landlord
may furrash aria mslall a Building Standard w,'toow covenng at all exterior widows. Tenant shall
no( apply any mater~al (sunscreen or othef'w~se) to any window w~thout pr~or written consent of
Landlord. In the event of a wolation of the forecjomg by Tenant. Landlord may remove same wdhOut
any hab~idy. and may charge to any Tenants v~oiatmg th~s rule the ex0ense iocurreO by such removal
and/or any damage caused thereby.
4. Tenant snail not obstruct the s~dewalks. halls. Dessages. exits. entrances. elevators
and stairways or use them lot any purpose other than for ingress and egress from me Premises.
The halls. passages. entrances. elevators. stairways. balconies and roof are not for the use of
the general public. and Landlord shall in all cases retire the right to control and prevent access
thereto to all persons whose presence. ~n the ludgment el Landlord. shall be prelUdlClal to the
SafMy. character. reputation and roterests pt the Building and ~t$ Tenants. However. nothing
cotfilmed heres shaJl be co~strue~ to prevent such acc~ to persons wffh whom Tenant normsfly
delta in the o~dma~ course Of Tenant's bus~nass. unless such persons are angag~<l in dlegbl
aclwWes. NO Tenant or employee Of any Tenant shall go upon the roof Of Iha budding wW'iout
the wnnen consent of the Landlord.
NO iwnlng~ OF Other brolections shall be attaChed to the doteida walls of the building
withOUt the prior wrltlen con~nt of Landlord. NO cur;sins. bhnOs. shades or screens shall be
att~Ch~ to OF hung In, or u~ m conn~ion with, ~ny wlnd~ ~ d~r ~ fh~ P~ml~8, wlthou~
f~ ~ wrl~ ~ ~ ~rd. Tenant snail only .netall m a manor pro~rl~ ~ ~nd~
s~h bh~s M diaries of SUCh qualny. ~. des,an and col~ ~ ~esignated by Landld~.
6. Tenant shall not alter any lock or install any new Or ~dddional locks or bolts on any
doors or Wli.K~.ows Of the Premises. Tenant Shall. udon the terminalion pt Tenant's tenancy restore
to Lanofor~ aJI keys pt offices and rest rooms either furrushed to or ofhei'mse procured hy Tenant.
TenIn{ Shall pay to Landlo~ the COSt of any Keys so lurmsheO wmch are nct returned to Landlord.
The toilet room. urinals. washbowls and other apparatus shall not be use~l for any
putpeas cthor than that tot which they were constructed. NO ~ore~gn substances of any i(ind
wh~ shall be place~] therein. The expense of any bre~l stoppage or damage resulting
from the viletips of this rule shall be borne by the Tenant who caused such damage (or whO~a
aml~40~ or invit~ hew cau~ such damage.)
Tenant shall not dyeHead the floor of the Premises. No Tenant shall sam. pain{.
drill ~n{o or ~n any way petace any pan of the exterior of the PremiSes. or the budding Of which
the Premi~ ~S · paR. No 13erisa. cuffing or stringing of w~res o.'1 [he exterior of the Premises
sl'~ be pe~n~l excel~ with the prior wrdten consent O( Landleto. and under Landk~d's dlrectio~
Lmn(~to~l agrees that such consent arxl/or d~roction shall not De unreasonably wdhheld or riblayer.
9. Tenant agrees that exlraordinary waste. such as crates. cartons. boxes. lurndure
~ ~<lulpmen{. Cortstrucfion debris. etc.. shaJl be removed from the Budding and the Real Pro~erty
on which the Building is located by Tenant. at Tenant's own cost and expense. At no time shall
Tenant place any waste of any kind in any budtic areas. if Tenant shall place any waste ~n the
pul)lic Imaa. the Tenant agrees that everything so place<~ ~s abam~oAed and of no value to Tenant.
and Landlord may have the same removed and disposed Of at Tenan{'s expense. This remedy
le in aOdltion to any ctner remsOres Landlord may have meister
Tenant shall not use. keep or perrod to be use~ or qaot any foul or sexsOuS gas or
suDetaoce in t~ Pmmi~. Tenet shall ~ ~rmll or suffer t~ Prem~S~ to ~ ~Cupl~ or U~
manner Offens~ or obeidsable Io ~ndlord or othe~ ~cupan{s of the Building by reas~
~. ~OB I~r vibrations. Tenant s~all n~ intedere m any way wdh other tenants of the
8ui~ing or th~ hawng bus~ne~ thereto.
11. No cooking shill be done dr perm~lted by on the Premises. nor shall the Premises
by used for (i) the manufaotunng or stories of merchandise. i,} washrag clothes. (i,) Io<3glng.
or (W) any ~mproper. phiactionable or ~mmoral purlx)sex.
12. Te~lnt shall not uSe or keep ~n the Premises or the Buck:ling any kerosene. gaserisa.
inflammable or oombustibte fiUl~ or material.
The location of teteohonel. call boxes. and other Office e(:lwomenf athxed to the
Prem~ ~hall De suDleCt to the ~ ~ a~ Of La~. L~ shall dff,(:l I*~ct nc~tne
as to where end how tete0no~e an~ tel~ap~ wires are to ~ ml~. NO ~ ~ c~l~
for wlrel will ~ all~ withal the ~ ~n~ Of I~ ~d~rd.
14. In the even{ Of invasion. moO, riot, pubhc excitement. or other commotion. Landldrd
reserves the right to prevent acce~..s Io tS Building dunng the continuance Of such commotion
by closmg the doors or Othef~v~. Ior t~ ~ O( the tenants aria pn~ct~n Of the Budding
~tsel/and all property wffhm the Building.
15. Landlord reserves the r~ht to exclude or expel from the Budding any Derson w~O.
in the ~udgment of Landlord. is in{oxicll~ or under the mflue~ce Of liquor or drugs. or who shall
in any manner do any act ~n violet~xl Of any Of the rules ~ regulations Of the Building.
16. NO vending machine or machines Of any description snail be installdel. mamtaln6d
or operated upon the PremiSes withoot ~h~ prio~ wrctan conSent Of the Landlord.
t7 Landlord shall have the right. exercisable without no(ice and without liability to
Tenant. to change the name and street address Of the Building of which the Premises are a par;.
18. Tenant shall not disturb. S~C~, or canvass any OCcupant of the Building or Buddings
and shall cooperate to prevent same. Tenant shall ~ metall or operate any phonograph. musical
,nstrument. radio receiver or similar device in the building in such manner as to disturb or annoy
other Tenants of the building or the ne~jnborho(x:l. Tenant shall not ~nstall any antennae. aerial
wires or other adu.pmen{ on the Building or on the real property on which the Building ~s ldcatad
w~thout the prior wntlen approval of Lar~lofd.
19. Without the wnnen conse~ Of Landlo~t. Tenant shall not use the name pt the Building
in connection with or in promoting or aOverf~ng the business O( Tenant excel:x as Tenent's
20. All entrance and sewice deere to the Premises shall be locked when the Premises
are not in use.
21. Tenant snail close all wtndow~ and turn off all lights and other electrical equipment
upon leawag the Premises at the close of business.
22. Tenant shall not usa or install space heaters. individual alr-conditldnmg units. of
exhaust fans without pr~or approval of Landlord
23. NO Tenant shall cover the floors of the Improved area of the Premises with any
material other than carl:)eflng of a similar or superior grade to that originally msialied by the
Landlord.
24. Tenant shall MOt amptoy am/pemort or peruone for the purpose O( cleaning or wm~ow
WMhlng the leas~ preml~ Wilbur the c~nt of Landlord. ~ndlord shall ha~ no hablii~
to TenIN for any loss O( p~ from ~e proml~. h~Mr ~currlng. or for any damage done
to the eff~ of Tenant any ~n. i~ludtng. but not hmiteO to. Jamto~. agents. or empl~s
of ~ndldr~. Tenant shall n~ cau~ unn~e~aW lair by rea~n Of Tenan{'s carelessness and
indifference m the pier,etlon of g~ order and cleanliness.
The requirements of Tenant wdl be aUended to only upon application at the office
Of Landlord. Landlord's employees shall not (i) perform any work (i~) do anything OUtSide Of their
ragulit dulles; or (ill) admit any perso~ (Tenant or otherwise) to any office. wdhout instructions
from the Office Of Landlord
Tenant shall not allow anythmg to ba placed on the outs~e window ledges Of the
PremiSes or to be thrown out of the wlndow~ of the Building. No animal or bird shall be brought
*nto the offices. halls. corr~ors. elevates or any ~r pan ~ the Bui~i~ ~ Tenant ~ the a~n~.
erupts or ~ovdees Of Tenant. Tenant snail n~ place or ~rmlt to ~ placed any obltru~lon
or mfu~ m any public pan ~ the Building.
Tenant shall (:J~ve Landlord prompt notice of any accidents to or datecte In the water
pipes. gas Ii~s. electric lights and fixtures. heating apparatus. or any other Sewsca equipment.
28. Normal budmess hours shall be 7:00 A.M.- 6:00 P.M. Morn:lay - Friday.
La~lord's InltiaJs Tenant's Initials
ADDENDUM TO NET INDUST~/AL I~A~E
BY AND BETWEEN TH~ CIT~ OF T~C~LA,
TENAI~T, AND WINDSOR PARTNERS - RANCHO INDUSTRIAL,
LANDLORD, DATED APRIL 12, 1990
2.5
Addends:
a. Tenant Improvement Allowance (T.I.A.):
Total T.I.A. credited towards construction of
offices, restrooms, etc. is $405,420.
b. First Right of Refusal~
Tenant shall have a thirty (30) day first right of
refusal upon written notification by Landlord for
other Windsor Park I neighboring properties,
excluding Building B Suite 102, to be vacated by
existing tenants (three buildings that total
44,615 square feet).
c. Transition Plan
For the purpose of outlining in broad and general
terms the City adopted Transition Plan II, the
following should serve as an approximate time
table envisioned by both Tenant and Landlords
- Tenant improvements on the northern half of
the new Building C completed by August 15,
1990.
- City Hall moves into half of Building C
(10,223 square feet) by August 31, 1990.
- Tenant improvements to old City Hall-
Building D (6,805 square feet) completed by
November 1, 1990.
- City Council meetings begin in Old City
Hall Building D on November 6, 1990.
- First Annual City Hall Open House December
1, 1990 celebrating our first year as a City.
- Tenant improvements on the southern half of
the new Building C (10,000 square feet)
completed by January 1, 1991.
d. Scheduled Payments=
F~ 1991
AMOUNT (MO~mLY)
9/1/90 - 1/31/91
2/1/91 - 3/31/91
4/1/91 - 5/31/91
6/1/91 - 6/30/91
- 0 -
$ 7,156.10 NNN
$12,464.00 NNN
$19,464.00 NNN
1992
AMOUNT (MONTHLY)
7/1/91 - 1/31/92
2/1/92 - 3/31/92
4/1/92 - 5/31/92
6/1/92 - 6/30/92
$19,464.00 NNN
$19,821.81 NNN
$20,087.21 NNN
$20,437.21 NNN
FY 1993
AMOUNT (MO~mLY)
7/1/92 - 1/31/93
2/1/93 - 3/31/93
4/1/93 - 5/31/93
6/1/93 - 6/30/93
$20,437.21 NNN
$20,812.91 NNN
$21,091.58 NNN
$21,459.08 NNN
FY 1994
7/1/93 - 1/31/94
2/1/94 - 3/31/94
4/1/94 - 5/31/94
6/1/94 - 6/30/94
AMOUNT ~ MONTHLY)
$21,459.08 NNN
$21,853.56 NNN
$22,146.16 NNN
$22,532.03 NNN
FY 1995
7/1/94 - 1/31/95
2/1/95 - 3/31/95
4/1/95 - 5/31/95
6/1/95 - 6/30/95
AMOUNT (MONTHLY)
$22,532.03 NNN
$22,946.24 NNN
$23,253.47 NNN
$23,658.63 NNN
FY 1996
7/1/95 - 1/31/96
2/1/96 - 3/31/96
4/1/96 - 5/31/96
AMOUNT (MONTHLY)
$23,658.63 NNN
$14,960.34 NNN
$ 8,508.55 NNN
3.1 Base Rent:
Building C
Building D
3.2 Base Yeart
20,223 S.F.
6,805 S.F.
$14,156.10 NNN per month.
$ 5,307.90 NNN per month.
Building C - 1990
Building D - 1990
3.4 Commencement Dates
Lease term shall commence in three (3) stages as set forth
belows
10,223 S.F. (Building Cs North)
6,805 S.F. (Building D)
10,000 S.F. (Building C: South)
February 1, 1991
April 1, 1991
June 1, 1991
3.8 Expiration Date:
Lease shall expire in three (3) stages as set forth belowt
10,223 S.F. (Building C: North)
6,805 S.F. (Building D)
10,000 S.F. (Building Cs South)
January 31, 1996
March 31, 1996
May 31, 1996
Tenant shall have the option to renew any portion of the
aforementioned lease for one (1), five (5) year period at
market rate.
3.12 Parking~
Tenant shall be permitted to park ninety-five (95) cars on a
non-exclusive basis from 8~00 a.m. to 5~00 p.m. in the areas
designated by Landlord for parking. Before 8~00 a.m. and
after 5~00 p.m. Tenant shall be permitted to park in any of
the available one hundred ninety-one (191) parking spaces
provided within Windsor Park I.
3.16 Security Deposits
Tenant shall pay security deposit upon execution of lease
document calculated as followst
$14,156.10 for Building C
5.307.90 for Building D
$19,464.00 for Total Security Deposit
LEASE VS. PURCHASE
LEASE PURCHASE PURCHASE
WINDSOR BUS INES S CHURCHILL
PARK I PARK PLAZA
BUILDINGS CENTER CENTER
SQUARE FOOTAGE
27,028 28,871 21,472
PARKING RATIO
LEASE COST PER
SQUARE FOOT
3.5 BH 2.2 5.1
7.1 CMH
$0.86 N/A N/A
PURCHASE COST PER
SQUARE FOOT
N/A $78.64 $175.00
AVAILABILITY
TOTAL ANNUAL
COSTS - LEASE
NOW JAN 91 PARTIALLY
LEASED
$278,975*** N/A N/A
TOTAL ANNUAL
COSTS - PURCHASE
N/A $324,803* $481,001'*
PURCHASE PRICE
N/A $2,270,595 $3,758,080
BH = BUSINESS HOURS CMH = COUNCIL MEETING HOURS
*PURCHASE- PURCHASE PRICE WITH $15 A SQUARE FOOT FOR IMPROVEMENTS
AMORTIZED OVER 30 YEARS AT 11% PLUS $0.14 A SQUARE
FOOT NNN.
**PURCHASE-PURCHASE PRICE WITH $15 A SQUARE FOOT FOR IMPROVEMENTS
AMORTIZED OVER 30 YEARS AT 11% PLUS $0.20 A SQUARE
FOOT NNN.
***LEASE - SQUARE FOOTAGE COSTS PLUS $15 A SQUARE FOOT FOR
IMPROVEMENTS PLUS $0.14 NNN MULTIPLIED BY TOTAL
SQUARE FOOTAGE.
NARRATIVE SUMMARY LEASE VS. PURCHASE
- 3.5 PARKING SPACES PER 1,000 SQUARE FEET OF BUILDING SPACE IS
CONSIDERED THE MINIMUMREQUIRED BY CITYHALL DURING BUSINESS HOURS.
DURING COUNCIL MEETINGS A 5.1 PER 1,000 IS THE MINIMUM REQUIRED.
- BUSINESS PARK CENTER DOES NOT MEET THE MINIMUM PARKING NEEDED
TO SUPPORT A CITY HALL DURING BUSINESS HOURS AND COUNCIL MEETINGS.
ANNUAL PURCHASE COSTS EXCEED ANNUAL LEASE COSTS BY $45,828. I
COULD NOT FIND AN INDUSTRIAL BUILDING FOR SALE THAT HAD 27,000-
37,000 SQUARE FEET, 3.5 PARKING SPACES PER 1,000 SQUARE FEET DURING
BUSINESS HOURS AND 5.1 PER 1,000 DURING COUNCIL MEETING HOURS, AND
HAD EXPANSION CAPABILITIES. THEREFORE, EFFORTS WERE FOCUSED ON
OFFICE BUILDINGS VICE INDUSTRIAL BUILDINGS.
- CHURCHILL PLAZA SATISFIES THE PARKING NEEDED TO SUPPORT A CITY
HALL WITH 5.1 PARKING SPACES PER 1,000 SQUARE FEET OF OFFICE SPACE.
HOWEVER, THE PURCHASE COSTS EXCEED ANNUAL LEASE COSTS BY $202,026.
CITY HALL WOULD NOT BE ABLE TO PERFORM ALL REQUIRED OPERATIONS DUE
TO ZONING OF OFFICE BUILDING SITE, E.G., MOTOR POOL, MAINTENANCE,
ETC.
- LEASING OF WINDSOR PARK I:
THE PARKING MINIMUM OF 3.5 PER 1,000 DURING BUSINESS
HOURS AND 5.1 PER 1,000 DURING COUNCIL MEETING HOURS IS
SATISFIED.
- THE SQUARE FOOTAGE IS WITHIN THE DESIRED RANGE.
COSTS PER SQUARE FOOT IS ONLY $0.86, WHICH IS $0.34 A
SQUARE FOOT LESS THEN RIVERSIDE COUNTY FOUND, $77.78 A
SQUARE FOOT LESS THEN A PURCHASE OF AN INDUSTRIAL
BUILDING, AND $174.14 A SQUARE FOOT LESS THEN A PURCHASE
OF AN OFFICE BUILDING.
EXPANSION IS POSSIBLE DUE TO THE 30 DAY FIRST RIGHT OF
REFUSAL FOR THREE OTHER BUILDINGS LOCATED WITHIN WINDSOR
PARK I.
AREA IS ZONED M-S-C (LIGHT INDUSTRIAL) WHICH WILL ALLOW
ALL CITY FUNCTIONS, E.G., MOTOR POOL, MAINTENANCE, ETC.,
TO BE PERFORMED AT CITY HALL.
BUILDINGS ARE AVAILABLE NOW, WHICH WILL SOLVE THE
OVERFLOW PREDICTED TO OCCUR THIS SUMMER.
OVER $124,000 WILL BE SAVED BY THE CITY WITH THE FREE
RENT OFFER OF FIVE MONTHS APPLIED TO THE THREE PHASES OF
TRANSITION PLAN II. ALSO, THIS PHASED TRANSITION PLAN
WILL FACILITATE THE MOVE TO A PERMANENT CITY HALL AT THE
TERMINATION OF EACH STAGE OF THE LEASE.
PURCHASING A CITY HALL AT THIS TIME IS NOT THE DESIRED
ALTERNATIVE. PURCHASING INVOLVES SOME LEVEL OF RISK. IF
WE PURCHASE A BUILDING TO SATISFY OUR NEEDS OVER THE
SHORT TERM WHILE WE BUILD OUR PERMANENT CITY HALL, WHAT
GU~%RANTEES DO WE HAVE THAT WE CAN SELL THE FIRST
BUILDING. WHEN AND IF WE DO SELL, WE WILL PROBABLY BE
REQUIRED TO RESTORE THE BUILDING TO ITS PRE-BUILT-OUT
STATE, WHICH WILL COST THE CITY OVER $433,000 PLUS
ANOTHER $100,000 TO DO THE RESTORATION. WE DO NOT KNOW
WHO WE ARE, HOW FAST WE ARE GOING TO GROW, WHAT OUR EXACT
REVENUES WILL BE, WHEN WE WILL ADOPT VARIOUS SERVICES,
WHAT OUR SPHERE OF INFLUENCE WILL LOOK LIKE, WHAT OTHER
PROJECTS WE WILL WANT TO BUY, E.G., COMMUNITY RECREATION
BUILDING, CITY HALL, POLICE HEADQUARTERS, ETC.,ANDWHERE
WE ARE HEADED. UNTIL WE HAVE A BETTER GRASP OF THESE
ISSUES, I WOULD NOT RECOMMEND A PURCHASE OF A CITY HALL
AT THIS TIME.
REAL ESTATE
.;ountrv
4EAL ESTATE
April 11, 1990
"Diversified Real Estate &ales and Consuimi~,
The Honorable Ron Parks, Mayor
and City Council Members
CITY OF TEMECULA
43172 Business Park Drive
Te~ecula, CA 92390
Re= Sale Offer on Three Building Complex
Dear Mayor Parks and City Council Members:
On behalf oft he owner, Hawthorne Development Company, Wine Country
Real Es~a~e in conjunction with Grubb and Ellis is pleased to
submit an offer to the City of Temecula for themtopurchase three
bulldogs, ~hetotal am-unt of square footage of 42,035 sq. ft. for
a to~al price of $2,693,190.
The above sales price provides you with approximately 17,000 more
square footage than con~mnpla~ed in an earlier lease and is
provided at a cost that is approximately $270,000 per year: which
is less than the original proposed lease.
Need Fo~ P~wk~na: All properties that the City may consider in the
MSC zone, the zone where you presently lease your facilities, are
generally parked at a ratio of two ~o three spaces per thousand
square feet of occupied building. This zoning does not
contemplate, nor does it allow for full office usage. The normal
perktJag ratio for office use is five spaces per thousand square
feet of occupied building. Asthe Cityproceeds t O occupy its full
25,000 square feet, you will need approximately 125 spaces. None
oft he sitescurren~ly on themarketintheMSC zoning provide this
type of perking ratio.
As lmen~/onedinthe earlier memo, the City mustabidebythe Code
perking ratio t o preclude others from seeking a similar exception.
Further, f.u. ll office usage is not practical without a 5 ~o
parking rat&o. If ~he City were to purchase 25,000 square feet
building in the ~SC parking ratio, they would be from 50 to 75
spaces shor~ of the required parking.. The proposal to purchase
three buildings provides one building of so~e 17,000 square feet
that can be used for interior parking and the motor pool.
28924 Front Street. Suite 106, Temecula, California 92390 · Teleohone (714~ 694-162g · Fax t'71~t~ ~ioa_~'¥>'~
Mayor and City Council Members
City of Temecula
April 11, 1990
Page 2.
Use of the Third Buildin= for Parking: The 17,000 square foot
building and the parking spaces attributed to it as an MSC use
allow the City to have between 145 to 160 parking spaces. This
number will be more than enough to accommodate the full office
build-out of 25,000 square feet.
In addition to using a portion of the building for covered parking,
you may wish to take approximately 1/3 of the building and use it
for your motor pool operations. This use will not significantly
detract from your parking ratio. By parking in the building, you
provide security for your vehicles, covered parking during
inclement or hot weather, and you actually make an investment for
expansion and eventual sale of this building.
Planned Un.~t Development: The complex proposed for sale has been
developed under a planned unit development concept. This provides
that it is possible to sell individual buildings to a varied number
of buyers. In order to achieve this end, it has been necessary to
start the processing of this project in the County a n,,mher of
months ago. All that remains to implement this procedure is
approximately one month of ministerial activities to accomplish the
sale of any portion of the complex. It is very unlikely that any
other complex involving a series of buildings has been developed
under this process. If they have not, it may take a n-m~er of
months prior to being able to sell individual buildings without the
planned unit authority.
Leasing Offset: While the City is awaiting the completion of the
proposed three buildings, Hawthorne Development Company will
provide $8,333.00 per month for a period of six months to assist
the City in any additional leasing costs they may have during this
interim period. Regardless of the cost to the City, the owner will
provide this offset cost beginning as soon as a binding purchase
agreement is executed by both parties continuing for the full
period of six months.
Mayor and City Council Members
City of Temecula
April 11, 1990
Page 3.
Council Chambers Construction: As a further advantage to
purchasing~he proposed complex of buildings, the owner - Hawthorne
Development Company - will construct a Council Chambers for the
City of Temecula. This Council Chambers will be constructed not to
exceed 3,000 feet and be commenced as soon as possible at the close
of escrow. The Chambers will be provided at Hawthorne's expense
and will include a Council dais sufficient for Council Members and
staff, a riser area for seating for 200 seats, the appropriate
wiring for sound and closed circuit video systems. In addition to
the Council Chambers, Hawthorne Development Company will also
construct an Executive Session Room in the approximate size of 15'
X 20'. This will be located immediately behind the council
chambers. This room can also be used for a conference room for
other meetings as appropriate.
Ft~st Rtaht of Refusal for Expansion: In addition to the three
buildings proposed, Hawthorne Development will grant the City of
Temecula the First Right of Refusal to purchase Building L, which
is contiguous to Building K, the larger one being offered to the
City. During the first three years, Hawthorne Development Company
will lease this building on a not-to-exceed three year lease basis,
rather than sell the building, so that it will be available to the
City for future expansion.
The attachment to this letter contains the actual detail of the
sale offer which has been summarized in this memo. In view of the
City's budget, their expanding need for space, and the essential
requirement for adequate parking, the proposed offer for the three
buildings more than adequately meets the needs of the City. As
mentioned earlier, by accomplishing this purchase through
Certificates of Participation, the City can acquire needed
facilities that will also be available for a subsequent sale. All
of the payments made toward the retirement of the debt on this
building will be in the form of an investment in equity as opposed
to a total lease payment. Based on a realistic rate of
appreciation, the City should not only recover the major portion of
its debt service payments, but benefit from the raise in value as
well.
Mayor and City Council Members
City of Temecula
April 11, 1990
Page 4.
Alternative Sale: Should you choose to proceed with the purchase
of only two buildings, I & J, equal to 25,046 square feet, the
price for these two buildings is $1,639,872. We make this
alternative offer in case you can reconcile a lower parking ratio
than required. If the lower parking ratio is acceptable elsewhere
in this zone, we can offer these two buildings. The leasing offset
under this alternative is reduced to a total of $30,000 ~nd the
Council Chamber build-out is limited to 2,000 square feet without
an Executive Session Room.
As soon as you choose to proceed with either of these purchase
offers, Wine CountryReal Estate will provide at no additional cost
consulting services and coordination with your selected bond
counsel or financial consultant to accomplish the issuance of
Certificates of Participation or other funding devices to
accomplish this purchase.
Your favorable action on this offer is respectfully solicited.
Wine Country Real Estate, Grubb and Ellis, and Hawthorne
Development stand ready to serve you as you proceed with this
project.
Sincerely,
WINE COUNTRY REAL ESTATE
WL~=aw
Enclosures
OFFER
Wine Country Real Estate ("WCRE"), in conjunction wi~h Grt~bb &
Ellis, are pleased to submit the following purchase proposal to the
City of Temecula on behalf of the owners of Business Park Center,
Hawthorne Development Company ("HDC"). WCRE has attempted to
address each and every concern of the City in this proposal, but
would be pleased to consider other relevant points that may have
been inadvertently o~itted.
PROJECT NAME
SITE:
BUILDING
DESIGNATION:
SQUARE FOOTAGE:
Business Park Center
Business Park Drive at Rancho Way.
City of Temecula.
Buildings "I" "J" and "K" per the
enclosed site plan.
Building "I":
Building "J":
11,882 Square feet
13,164 " "
Office Sub-Tot. 25,046 "
Building "K": 16,989
(For Covered & Secured Parking)
Total: 42,055 " "
PARKING:
On Site : 92
Inside "K" : 56-67
Total : 148-159
NOTE: Requirement for pure office use
is 5:1. At 25,046 square feet of office
use, the City's requirement is 125 spaces.
The configuration in this proposal is more
than adequate, allowing the City the flexi-
bility of having a motor pool.
SALES PRICE:
Building "I"
Building "J" :
Building "K"
$ 784,212-
$ 855,660*
$1,053,318'
City of Temecula
Sale Offer
April 11, 1990
Page 2
Tenant
Improvements : $ 125,000
Total Cost : $2,818,190
*Included in these prices is the cost of
completed buildout on 6,300 square feet per
HDC's standard buildout letter for the
project.
COMMENT: For future expansion, the City can
budget $250,000 for the balance of 12,500
square feet at approximately $20.00 per
foot. This cost can be included in the
acquistion budget or done on an incremental
basis per fiscal year as needed.
START OF
CONSTRUCTION:
TIME OF COMPLETION:
OWNER'S OFFSET
DURING CONSTRUCTION:
Estimated to be May 1, 1990
Estimated to be September 15, 1990
(5 and 1/2 months from inception)
In consideration for entering into a
binding purchase contract, HDC will provide
the City of Temecula a Transition Offset in
the amount of $50,000 payable at the rate of
$8,333 per month for six (6) months,
beginning on the day a binding purchase
agreement is executed by the City.
COUNCIL CHAMBERS
CONSTRUCTION
AGREEMENT:
HDC will provide a tenant allowance to be
negotiated towards the construction of a
new City Council Chambers not to exceed
3,000 feet, with the following items
included at HDC's expense:
City of Temecula
Sale Offer
April 11, 1990
Page 3.
1. An elevated Council dais, sufficient to
seat the full Council and the City's
staff.
2. A sloping seating area for 200 seats, not
including seats.
3. Sound-proofing.
4. Wiring and jacks for sound system.
5. Wiring and jacks for closed-circuit video
system.
6. A 15x20 Executive Session room
immediately behind the Council diaz.
RIGHT OF FIRST
REFUSAL:
Under this purchase agreement, HDC will
grant the City First Right of Refusal to
purchase Building "L", which is contiguous
to Building "K". HDC plans to lease this
building on a shor~ term basis in the
interim.
During construction ofthethree referenced buildings, HDC will co-
ordinate with the City's space planner to create an office
environment conducive to City business.
Upon the City's acceptance oft his proposal, WCREand Grubb & Ellis
will assist HDC to prepare purchase and escrow instructions fort he
City's review and execution. We look forward to the new City of
Temecula finding the best possible home for their Council, staff
and visitors to our great city!
Respectfully submitted,
Managing Partner
WINE COUNTRY REAL ESTATE
LEASE VSo PURCHASE
Lease Payment
Less Purchase Payments
Plus Equity Buildup
$1,547,000
(910,000)
490,000
Equals Advantage of
Purchase
$1,127,000
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ARITA
I
I
April 6, 1990
Mr. F. D. Aleshire
City Manager
CITY OF TEMECULA
43172 Business Circle Drive
P.O. Box 3000
Temecula, California 92390
Administrative Center · 1777 Atlanta Avenue
Riverside, CA 92507
Dear Mr. Aleshire:
I am writing to confirm previous telephone discussions which we have had in
recent weeks concerning the Building Department's interest in and ability to
provide contract services to the City of Temecula after June 30, 1990. As I
have indicated to you previously by phone, I am not as a matter of general rule
interested in providing ongoing contract services to a new city unless for some
unusual reason the city feels very strongly that they want the County Building
Department to continue. I believe that in a typical situation, the
constituency has expectations that they can have better control, and therefore,
better results by establishing a city. That expectation generally takes the
form of increased demands and increased levels of service.
In order for me as the Building Official of the County, to satisfy those
expectations on a contract basis, I would need to add additional staff. I
would also need to reassign existing staff within the County to train and
assist that new staff in order to support the City. The reassignments would
decrease the level of service of our County government, which I believe, would
be viewed dimly by the constituents of the areas affected.
I have discussed this matter at length with our local office manager, Ed
Gaines, and have reviewed a report from him identifying the number of active
permits that have been issued within the City jurisdiction. I believe the
number and type of permits are small enough that a contract service could
manage. There is, of course, the added possibility that some of my staff might
choose of their own volition to seek employment with either that contracting
service or the City of Temecula; and while I would regret their loss, I
recognize it is a natural part of the over all process. I have attached a copy
of Mr. Gaine's report for your information.
( CONTINUED )
Administration (714)682-8840 · (714)787-2020
Mr. Aleshire - City of Temecula
Under the circumstances, I question the need for my participation in the
scheduled workshop on April 17. If you agree, please let me know.
If for some reason, on the other hand, the City desires that we provide ongoing
contracted services, then of course, we will do that to the best of our
ability.
In conclusion, I believe I am aware of some of the many problems involved in
making this type of a transition and can assure you we will make every effort
to assist your staff and whomever you or your council selects to assume the
responsibilities of the new building official.
Please let me know what your needs are. I can be reached at (714) 682-8840 and
look forward to hearing from you.
Sincerely,
Director of Building and Safety
THI/dc
ATTACHMENT
Administrative Center · 1777 Atlanta Avenue
Riverside, CA 92507
ACTIVE PERMITS - CITY OF TEMECULA
AS OF April 4, 1990
PATIOS .................................. 266
POOLS ................................... 104
COMMERCIAL .............................. 112
DWELLINGS ............................... 248
MISCELLANEOUS ........................... 587
1,317
PLAN REVIEW ............................. 119
1,436
GRADING ................................. 541
TOTAL: 1,977
Administration (714) 682-8840 · (714) 787-2020
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPOINTING AN ACTING CITY
ENGINEER AND TRAFFIC ENGINEER AND
APPOINTING AN ACTING PLANNING DIRECTOR
as follows:
The City Council of the City of Temecula does resolve, determine and order
Section 1: Tim D. Serlet, P.E., Division Manager for Willdan Associates is hereby
appointed Acting City Engineer and Traffic Engineer to perform all the duties of
those positions.
Section 2: Ross S. Geller, Division Manager, Planning Division for Willdan
Associates is hereby appointed Acting Planning Director for the City of Temecula
to perform all duties of that position.
Section 3: The County of Riverside Road Commissioner is hereby appointed
Interim City Engineer for the City of Temecula for the purpose of executing planning
and engineering applications pending at the County of Riverside as of April 5, 1990~
The Road Commissioner is hereby authorized to designate his immediate
subordinate to approve on his behalf any official City business under his jurisdiction
when it is necessary for him to be absent from his place of work due to illness,
official business or vacation. To expedite the approval of certain matters, the Road
Commissioner may delegate to certain of his subordinates the authority to approve
on his behalf City sanitary sewer and storm drain plans, tentative subdivision
requirements, final tract and parcel maps and related documents, letters of
transmittal and reports on activities.
Section 4: The Riverside Clerk of the Board of Supervisors is hereby appointed
Deputy City Clerk for the City of Temecula for the purpose of signing such
documents as are pending at the County of Riverside as of April 5, 1990. The
County Clerk is hereby authorized to sign such documents as he has been authorized
to sign in writing by the City Clerk.
Resos/9044 04/12/90 5:56pm
Resolution 90-
Page 2
Section 5: The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED this 27th day of March, 1990.
ATI"EST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
[SEAL]
Resos/9044 04/12/90 5:56pm
CITY OF TEMECULA
CITY MANAGER'S REPORT
AB# 7 TITLE: DEPT HD.
MTG 4-17-90 PLANNING AND ENGINEERING CITY ATTY
DEPT CM ~-/ CITY MGR ~
RECOI!MENDED ACTION
It is recommended that the City Council approve an agreement with Willdan
Associates to provide engineering and planning service for the City effective
April 6, 1990 and notify County of such action.
BACKGROU~
The County entered into an agreement with Willdan Associates March 3, 1990 to
take over processing of County planning applications and to coordinate transition
to the City. Willdan Associates currently has received 12 applications which
will be presented to City Council for action.
On April 6, 1990, Willdan Associates established offices in city hall and is
prepared to receive new applications for planning and engineering permits. If
Council designates Willdan Associates as City Engineer and City Planner, then
permits can be processed and approved by the City and will no longer be referred
to the County.
In addition, Willdan Associates can perform other engineering and planning
functions for the City such as: carry out traffic studies, administer consultant
contracts, write Requests for Proposals (RFP), meet with the public and perform
other duties as requested by the City Council and the City Manager.
This contract can be canceled by either party with 30-days notice. This contract
in no way restricts the City from retaining other consultants to do any of the
work nor from hiring city employees.
The purpose of this contract is to provide better services at city hall
immediately to the public, and to establish city control over development
processing.
In order to implement this agreement, we need to notify the County of this
action.
FISCAL IMPACT
For processing applications, Willdan Associates will charge a percentage of the
permit fee:
75% for Engineering Review
75% for Planing Review
100% for Public Works Permits and Inspection
Fixed fee for capital projects and studies
Hourly rate for services not otherwise covered
It is difficult to estimate the value of this contract because the County has
provided the City with no information on the expected volume of work in Temecula.
Based on the McTighe Report and current experience, I would estimate Willdan
Associates will receive over $1 million in development processing fees and about
$500,000 in other payments as a result of its contract. This is an educated
guess and will depend upon future workload.
The City will also receive 25% more than we pay Willdan Associates for processing
developments, but we will have to appropriate $500,000 or more for additional
engineering and planning services in connection with general plan studies,
traffic studies, preparing ordinances, and reports for the City Council and
Planning Commission.
ALTERNATZVES
Before approving this contract the City Council may wish to interview other
firms. BSI and P & 0 engineering were both highly rated during the competition
for the County contracts.
Another alternative would be to consider hiring in-house staff to service the
City.
I feel strongly that the City would be best served by going ahead with Willdan
Associates now because:
1. Willdan Associates is on-board and ready to go.
If another firm came on-board with the County and Willdan Associates
already functioning, it would complicate and confuse the process.
Willdan Associates came out number one after a rigorous process over
a two-month recruitment by the County. We won't find anybody
better.
e
There is an urgent need to have the Engineer and Planner in place
before the Planning Commission is appointed. The Council is in need
of a planning staff now.
This can be considered an interim appointment to allow the new City
Manager and Planning Commission to evaluate the performance and
need. A change can be made whenever deemed necessary.
Attach:
Letter dated April 11, 1990
Proposal for Engineering Services
CITY OF TEMECULA
STAFF REPORT
AB#:
MTG:
DEPT:
04/13/9£ TITLE: WilidanContract DEPT HD._~
CITY ATTY' v
CC
CITY MGR ~ J
BACKGROUND
The City Attorney has notified me this morning that the Willdan Contract is in the
process of minor modificatiom.
We will transmit this to you as a separate item just as soon as we receive the final
draft and reproduce the necessary copies.
June Greek
Deputy City Clerk
MEMORANDUM
From:
Date:
Subject:
Frank Aleshire, City Manager
Ross Caller, Willdan Associates
March 30,. 1990
WORK PROGRAM, APRIL 1 - JUNE 30
As per your request, the following outlines the objectives of both the Planning and
Engineering functions through June 30, 1990:
A. Transition ptans for processing County to Clty Planning, Engineering, and
Bultdlng and Safety functions.
Inventory all cases and projects currently submitted to County
Planning Department, Road Department, Surveyors and Building and
Safety Office.
Create and file, at City Hall, all transferred files to assure an
organized retrieving system.
Develop a detailed work program and begin preparing an Arterial System
Financing Program. The purpose of the study is to establish a Traffic
Improvement Fee (T IF) to address improvements to the Cityis backbone street
system.
C. Assist In the establishment of a Code Enforcement Program.
Willdan staff will work with the Clty Consultant currently preparing a
C.E.P. work program.
D. Create a functional organization chart for the provision of Engineering
Services.
Create functional divisions with the engineering division to address
develop review, traffic, and public works inspection functions.
E. Begin deflning a 5 year Capital improvement Plan.
Work wlth City Council and staff in identifying priorities for
Improvements.
Work with staff to Identify anticipated revenues to earmark for Capital
Improvement Programs.
!rivesfigaro alternative methods of maintaining City streets.
- Uslncj County t~oad Department.
- Private contractor.
- Develop Pavement Management Program.
Work with both Planning Commissions.
Define their roles.
- General overview of CEQA and Subdivision Map Act.
- Field trips to show how working plans to relate to "as built" projects in
the field.
Sphere of influence.
- Begin prepat'ing LAFCO applications to establish a Sphere of influence.
Create legal descriptions.
- Identify existing property owners in the study area.
- Develop workshops with Council and Commission
alternative boundaries.
Assess Engineering, Traffic and Planning computer needs.
to Investigate
Coordinate the development of a Geographic information System
Establish the priorities for hardware and software.
RSC:cf
89205/2000
M1/Planning
WILLDAN ASSOCIATES ENGINEERS & PLANNERS
Professional Consulting Services Since 1964
April 11, 1990
Mr. Frank Aleshire
City Manager
City of Temecula
43172 Business Park Drive
P. O. Box 3000
Temecula, CA 92390
Subject: Proposal for Miscellaneous Traffic Engineering Services
Dear Mr. Aleshire:
We are pleased to submit this proposal for traffic and transportation engi-
neering services as per your request in our meeting on March 22, 1990, and
your conversation with Mr. Doug Stewart on April 6, 1990.
The following is a description of each task assignment, associated work de-
scription, schedule for completing the task and estimated cost of service.
TASK I - Review Present Traffic Operation on Rancho California Road be-
tween Ynez Road and Moraga Road
a. Conduct field reconnaissance, observe traffic operation and flow at
this location.
b. Recommend a solution to correct present traffic operation problem(s).
c. Prepare a drawing showing proposed improvement(s) and a cost estimate
and methods for financing these improvements,
d. Meet with City staff to review results and develop a strategy for imple-
menting the required improvements.
ee
On behalf of the City, meet with Riverside County Road Department
staff, and discuss procedures and schedule for implementing the
improvement( s )
Schedule
The plan for the improvement(s) will be available within two (2) weeks from
receiving the City's letter to proceed.
155 HOSPITALITY LANE . SUITE 110 · SAN BERNARDINO, CA 92408-3317 . (714) 824-2143 . FAX (714) 888-5107
April 11, 1990
Page 2
Cost of Service
The estimated cost for performing this task is estimated at $7,500. This in-
cludes personnel cost and indirect cost related to performing the task.
TASK 2 - Investigate the Traffic Flow and Operation on Calle Medusa between
Nicolas Road and Riverton Lane
a. Review the subdivision plan. neighborhood access and circulation plan.
b. Observe the traffic flow and access on Calle Medusa and meet with com-
munity group(s) to discuss their concerns.
c. Conduct traffic speed survey on Calle Medusa.
d. Recommend solution(s) to alleviate community concern and promote safety
of travel.
e. Review with City staff plans to promote neighborhood traffic safety, pro-
cedures for implementation, associated costs and methods of financing.
f. Meet with the County Road Department to review plans and to schedule
needed improvements,
Schedule
The study will be completed in three (3) weeks following receipt of a Notice
to Proceed from the City.
Cost of Service
The estimated cost of the study, including plan development is $8,500. This
includes personnel cost for conducting traffic engineering survey, analysis
and plan development, and indirect cost associated with the study.
TASK 3 - Analysis of Traffic Operation at the Intersection of Front Street
and Rancho California Road.
a. Review intersection geometric design, traffic operation and traffic flow
related to the intersection.
b. Conduct manual counts of traffic movements during morning and evening
peak traffic flow.
c. Analyze traffic volumes, traffic operation, and present intersection geo-
metric design, and identify intersection deficiency.
d. Perform a capacity analysis of the intersection.
April 11, 1990
Page 3
ee
Recommend improvements to alleviate existing problems, develop a plan
for depicting the proposed improvements, associates costs and methods of
financing these improvements.
f. Meet with City and County Road Department staffs to establish
scheduling of these improvements.
Schedule
The project will be completed within one (1) week after receiving authoriza-
tion to proceed from the City.
Cost of Service
The estimated cost of performing this task is $6,500. This estimate includes
personnel cost and indirect cost related to conducting the study.
TASK 4 - Conduct a Meeting(s), on Behalf of the City, with R.T.A. Staff
a. Meet with the RTA staff to discuss bus service plan for the City of
Temecula.
be
Meet with City staff to discuss RTA strategy and what is needed to pro-
vide a public transportation service for the City, including local and
commuter services, elderly and the handicap persons, and carpool and
vanpool programs.
Develop a plan for implementing public transportation services in the
City of Temecula, including RTA services. The proposed plan will be-
come a part of the City of Temecula's overall transportation plan.
d. Establish a procedure for gradual implementation of the plan including
City regulations, funding sources, and schedule of implementation.
e. Make a presentation, in conjunction with RTA staff, to City staff and/or
Council of the proposed transit plan for the City.
Schedule
The project will be completed within four (4) weeks after receiving authoriza-
tion to proceeds from the City.
Cost of Service
The cost of service is $2,500 for conduction subtasks a and b or $10,000 for
conducting all subtasks.
April 11. 1990
Page 4
STUDY RESULTS
The total study effort is designed to establish a public transportation plan for
the City of Temecula. The proposed plan will be a part of the General Plan.
The estimated cost of trat~fic and transportation engineering services for the
four 14) tasks ranges from $25,000 to $32,500 depending on the level of study
effort requested by the City to address public transportation needs and ser-
vices.
Willdan Associate's staff is ready to assist the City of Temecula in its effort
to solve existing traffic and transportation needs. Our schedule reflects a
fast track response to address the City's traffic and circulation problems.
This Scope of Service and associated costs are within the City's contract
agreement with Willdan.
We appreciate the opportunity to serve the City.
acceptable, please sign below.
If this scope of service is
Respectfully submitted,
Sayed M. Omar, Manager
Transportation Services
Ronald L. Espalin
Vice President
Authorized to proceed
City of Temecula
Frank Aleshire
City Manager
RLE:SMO/cf
89210/2000
T23/#30
April 12, 1990
Mr. Norton Younglove
Chairman
Board of Supervisors
County Administrative Center
4080 Lemon Street, 14th Floor
Riverside, CA 92501-3656
Dear Mr. Younglove:
Pursuant to Government Code Section 57384, the City of Temecula
has elected to assume responsibility for processing planning and
engineering applications filed on or after April 6, 1990. This
action only relieves the County of Riverside from processing all
planning and engineering applications that will be filed at the
City of Temecula City Hall on or after April 6; all other County
services, such as building and safety, road maintenance,
sheriff's services, etc. should be continued through the end of
the fiscal year pursuant to Section 57384.
The City has retained the services of Willdan Associates to serve
the City as Planning Director, City Engineer, and City Traffic
Engineer effective April 6, 1990. As to matters that were
pending with the County prior to the effective date of our
contract with Willdan, the County should continue to process
these cases in accordance with its existing agreement with
Willdan and pursuant to Section 57384.
On behalf of the City of Temecula, let me extend my greatest
appreciation to the Board for the services the County has been
providing, as well as my thanks to County Staff for their
assistance in beginning this transition from County to City
staffing.
Very truly yours,
CITY OF TEMECULA
Frank Aleshire
City Manager
RLE/FA:dmp
JN 89205
L29/RLE
sff/LTR19205
cc:
Joe Richards, County Planning Director
Ivan Tennast, Road Commissiner & County Surveyor
AGREEMENT FOR CITY ENGINEERING,
TRAFFIC ENGINEERING AND
PLANNING SERVICES
THIS AGREEMENT, made and entered into this day of
19u, by and between the City of Temecula, a municipal corporation located
in the County of Riverside, State of California, hereinafter referred collec-
tively to as "CITY" and Willdan Associates, a California corporation with
principal offices at 155 Hospitality Lane, Suite 110, San Bernardino, Califor-
nia, hereinafter referred to as "CONSULTANT".
WlTNESSETH
WHEREAS, CITY has the need for city engineering, traffic engineer-
ing. and city planning services; and
CITY desires to contract for such services with a private
WHEREAS,
consultant; and
WHEREAS,
CONSULTANT is experienced in providing such services
for municipal corporations and is able to provide personnel with the proper
experience and background to carry out the duties involved; and
WHEREAS, CITY wishes to retain CONSULTANT for the performance
of said services;
NOW, THEREFORE, in consideration of the mutual covenants. benefits
and premises herein stated. the parties hereto agree as follows:
CITY, pursuant to the authority set forth at Government Code Section
36505, does hereby appoint CONSULTANT, in a contractual capacity, to
perform the following services in accordance with the terms and conditions
-1-
hereinafter set forth; with the authorities, responsibilities, and consider-
ation ordinarily granted to an officer of the CITY.
CITY ENGINEERING SERVICES
A. General
CITY does hereby appoint CONSULTANT the City Engineer.
B. Administrative Duties
1. When directed, attend City Council, and Planning Commis-
sion meetings.
2. When directed, analyze the CITY's needs, and prepare and
administer long and short range programs consistent with
the economic capabilities of CITY.
e
Attend staff level meetings with the CITY staff, public
officials, community leaders, developers, contractors and
the general public.
When directed, review and comment on planning programs
and land development controls.
When directed, recommend regulations and ordinances
pertaining to engineering matters.
When directed, supervise the accounting of State Highway
Users Funds from the standpoint of meeting State require-
ments for the expenditure of such funds.
When directed, provide technical advice to CITY personnel
assigned to public works activities.
8. Upon ClTY's request, advise the CITY as to engineering
and construction financing available from other
governmental agencies and when so directed, prepare and
initiate application for such funding.
9. Establish working relationships and coordination with other
public agencies, County Departments and private utilities
involving engineering matters affecting CITY.
Development Review
1. Perform the statutory functions of City Engineer pertaining
to the review and checking of land divisions.
2. Review tentative maps and other submittals for land divi-
sions for proposed developments and make recommendations
as to engineering matters.
3. Check all improvement plans for facilities under the juris-
diction of CITY.
4. Establish performance, labor and material bond amounts,
when required, and require the posting of such securities
and other development fees within the proper time sequence
of such development review.
5. Provide field observation as a City Official during the con-
struction of such improvements by private developers and
at the proper time, recommend notices of completion and,
acceptance of the work.
6. Provide such necessary and related functions as are the
normal practice of CITY in the City Engineering review of
private developments.
-3-
Public Works Permits and Inspection
1. As a City Official, provide on an as-needed basis a repre-
sentative at City Hall to handle public works permits and
other engineering related matters at the public counter.
As a City Official, receive and process public works permit
applications.
3. As a City Official, provide construction observation of
permit work within City streets and rights-of-way.
Check plans and specifications and provide construction
administration and observation for CITY projects designed
by others.
Capital Proiects
As requested, perform the following services:
1. Prepare plans and specifications for CITY projects.
2. Provide design survey; construction survey; real property
engineering services; and construction administration and
observation for CITY projects.
3. Provide special engineering reports regarding such matters
as assessment district formation, annexations, developer
fees, etc.
Coordinate with utility companies in the relocation of affect-
ed utilities.
Process the plans and specifications through other agencies
for review and approval in connection with special funding
programs and permits when required.
II
TRAFFIC ENGINEERING SERVICES
A. General
CITY does hereby appoint CONSULTANT the Traffic Engineer.
B. Administrative Duties:
1. Attend Planning Commission, Transportation Committee and
Council meetings as requested or specific traffic related
projects and considerations.
2. Upon request, conduct investigations and prepare reports
regarding requests for traffic control device installations
and modifications; such as, traffic signals, stop signs,
parking regulations, speed zones, channelization, cross-
walks, pedestrian and bicycle facilities.
3. Upon request, develop recommendations for corrective
measures at locations experiencing accident rates higher
than would normally be anticipated.
Upon request, assess the potential traffic impacts associat-
ed with proposed development/redevelopment projects.
Identify mitigation measures and recommend traffic-related
requirements and conditions of approval.
5. Upon request, prepare grant applications for funding from
Federal, State and Regional agencies for traffic safety
studies and improvements.
6. Upon request. advise. support and assist City depart-
ments.committees, commissions and Council. In addition,
provide an an interface with Regional and State transporta-
tion agencies. Assist in the preparation of traffic-related
portions of the CITY's operational and capital improvement
budgets.
e
e
Upon request, assist in the establishment and subsequent
modification of the CITY traffic ordinance and development-
/assessment fees for capital improvements and maintenance.
Upon request, prepare plans, specifications and estimates
and provide contract administration and construction ob-
servation for traffic safety projects including geometric and
channelization improvements, traffic signal installations and
modifications, street and safety lighting installations and
modifications, and traffic signing, striping and pavement
marking improvements.
Upon request, prepare safe route to school plan.
IV
CITY PLANNING DEPARTMENT SERVICES
A. General
CITY does hereby appoint CONSULTANT the City Planning
Director.
B. Administrative Duties
1. Review site plans to determine compliance with the use,
intensity, and other development standards and require-
ments of the General Plan, Zoning Ordinance, Subdivisions
Ordinance, and the State Subdivision Ordinance and the
State Subdivision Map Act.
2. Review proposed land division applications for compliance
with the General Plan, Zoning Ordinance, Subdivision
Ordinance and the State Subdivision Map Act.
3. Respond to zoning inquiries from homeowners, developers,
or other citizens seeking direction or advice on planning or
zoning-related matters.
11.
12.
13.
Receive and process applications for various planning
permits such as Conditional Use Permits, Variances, Zone
Changes, General Plan Amendments and modifications to
standards.
Respond to zoning complaints and provide code enforcement
as necessary.
Prepare agendas for Planning Commission meetings.
Attend Planning Commission/City Council meetings and
make presentations on planning related matters as neces-
sary.
Attend meetings of other City Boards or Commissions as
necessary.
Prepare written responses as needed for permit applicants.
Determine the level of environmental clearance required for
proposed projects under the CEQA Guidelines and issue
Categorical Exemptions or Negative Declarations, as appro-
priate.
Perform planning office management to assure the orderly
disposition of all written applications, complaints, inquires,
permit files, minutes, resolutions, etc.
Provide secretarial assistance to prepare staff reports and
correspondence generated by the Planning Department.
Coordinate the activities of the Subdivision Review Commit-
tee and attend any meetings thereof.
Conduct annual review of and process amendments to the
CITY's General Plan as appropriate.
V
OTHER MISCELLANEOUS SERVICES
CITY may from time-to-time have the need for other services not
specifically listed in this agreement for which CONSULTANT has the
necessary experience and capabllltles to provide. Such services may
include, but not timired to, ~eei property services, environmental
planning. Community Development Block Grant administration and
inspection services, park planning and design, st~eetscape design,
traffic engineering studies, transitional services, assessment
districts, construction observation, and related work, CITY,
through its City Manager, may authorize CONSULTANT to perform
such selected services on an as-needed basis.
Vl
COLLECTION OF FEES
All fees to be collected from any applicant in connection with the
carrying out of the functions as set forth in this Agreement. if
collected by CONSULTANT, shall be collected in the name of the
CITY. CONSULTANT shall employ record keeping measures accept-
able to the CITY. If fees are collected by the CITY. CONSULTANT
shall review the appropriate ordinances and fee schedules in effect by
the CITY and shall p~ovlde to the persons designated by the CITY for
collection of fees. the amount of such fees to be collected.
VII
FACILITIES AND RECORDS
CITY shall provide ~easonable and appropriate offices for conducting
the duties set fo~h in this Agreement. CONSULTANT shall assemble
and maintain In these offices such records as are customarily main
telned by a City in carrying out the duties covered herein. Such
records are and at all times shall be the property of the CITY.
Depending upon the details of the transfer of these functions from
County to CONSULTANT, CONSULTANT shall obtain only those
existing records that are necessary for the performance by
CONSULTANT of the duties set forth in this Agreement.
CONSULTANT shall assemble these records in an orderly fashion and
store same, for at least three years, in a mutually agreed upon loca-
tion so that they may be reasonably available to the public or to the
officials of CITY as required.
VIII
COMPENSATION TO CONSULTANT
The compensation hereinafter presented is predicated upon the as-
sumption that the CITY will maintain an adequate and current fee
structure. The compensation to CONSULTANT for the services
rendered shall be as follows:
A. For attendance at official public meetings of the CITY as set
forth in Section I, Paragraph B1 that do not require special
reports or utilization of other of CONSULTANT's staff person-
nel, a retainer of $1,500 per month for the first three months
and $1,200 per month thereafter. It is mutually agreed that the
retainer may be reviewed for adjustments annually to account for
labor and other coat increases or if the scope of services is
changed.
B. For those Items authorized under Section I Paragraph B2
through Section I Paragraph B9 requiring attendance at other
meetings, special reports or the services of CONSULTANT~s
personnel, the CONSULTANT shall be compensated at the then
current hourly rates as reflected in Exhibit "A", or as it may be
-9-
adjusted annually each July 1 of this Agreement or at a ne9otiat-
ed fixed fee amount.
For services to be provided under Section I Para9raph C com-
pensation to CONSULTANT shall be ?5% of the then current fees
collected by the CITY. For plan checkin9 of private drains and
hydrology studies compensation shell be at the then current
hourly rates as reflected in Exhibit "A", or as It may be adjusted
each July 1 of this Agreement or at a negotiated fixed fee
amount.
For service provided under'Section I Paragraph D 1 through :~
compensation to CONSULTANT shall be 100% of the current fees
collected by the CITY. For services provided under Section I
Paragraph D~ compensation shall be at the then current hourly
rates as reflected in Exhibit "A", or as it may be adjusted each
July 1 of this Agreement or at a negotiated fixed fee amount.
For services to be provided under Section I Paragraph E; com-
pensation to CONSULTANT shall be based on the then current
hourly rates as are set forth in Exhibit "A", or as it may be
adjusted each July 1, or on a negotiated fixed fee amount. Fees
for a project or projects shall be detailed and confirmed by
letter/memorandum agreement between the CITY and
CONSULTANT.
For services discussed above for projects involving funding from
the Federal Highway Administration, the fee detail included
within the letter/memorandum agreement shall be in accordance
with Exhibit II Paragraph B of Section II of Volume I of the Local
Programs Manual. Said fee end method of payment thereof shall
be approved by the State of California Depa~ment of Transpor-
tation Office of Local Assistance and such approval shall be
received by the CITY prior to execution of the letter/memoran-
dum agreement by the CITY and CONSULTANT.
F. For services provided under Sections II and V for specially
assigned services not specifically covered herein, CONSULTANT
shall be compensated at the then current hourly rates, per
Exhibit "A", or as it may be adjusted each July 1, or on · negoti-
ated fixed fee amount.
C. For services provided under Section IV compensation to CON-
SULTANT shall be 75% of the then current fees collected by the
CITY. For services provided under Section IV where no CITY
fee is collected, compensation shall be the then current hourly
rates, per Exhibit "A", or as it may be adjusted annually each
July 1, or at a negotiated lump sum amount.
H. For services that will be provided by Engineer at the then cur-
rent hourly rates such services may be performed by Engineer
when authorized In writing by the City Manager within the limits
of this agreement or a CITY issued purchase order.
I. CONSULTANT shall Invoice CITY for services rendered and
CITY shall pay CONSULTANT as soon thereafter as CITY's
regular procedures provide.
-11 -
IX
TERMINATION
This A9reement may be terminated at will by either party with or
without cause upon 30 days written notice. !n the event of such
termination, CONSULTANT shall be compensated for such
services up to the point of termination. Such compensation for
work In progress would be pro-rated as to the percentage of
work completed at the date of termination.
X
GENERAL CONDITIONS
A. CONSULTANT shall provide no services for any
private client
for projects located within the corporate boundaries of CITY
during the period that this Agreement is In effect which projects
would be subject to review or approval by the CITY.
CITY shall not be called upon to assume any liability for the
direct payment of any salary, wage or other compensation to any
person employed by CONSULTANT performing services hereun-
der for CITY.
At! documents, including but not limited to plans and specifica-
tions, prepared by CONSULTANT are instruments of services,
only. They are not Intended nor represented to be suitable for
reuse on extensions of this project or any other project. Any
reuse without specific permission by CONSULTANT shall be at
the users sole risk. CITY hereto agrees to save, keep and hold
harmless WILLDAN from all damages, costs or expenses In law
and equity including costs of suit and attorneys fees resulting
from such reuse.
...... · .... -12-
De
CONSULTANT agrees to save, keep, hold harmless and indemni-
fy CITY and Its officers, and employees from all damages, in law
and equity caused by any wrongful or negligent act or omission
to act on the part of CONSULTANT or any of Its officers,
employees or subcontractors.
CITY shall save. keep, hold harmless and indemnify CONSUL-
TANT from all damages suffered in the performance of the work
authorized by this Agreement that ave not the result of wrongful
acts of the CONSULTANT, Its officers. employees or
subcontractors.
WILLDAN shall maintain in force at its own cost and expense at
all times during the performance of this agreement (except as
noted under Professional Liability Insurance) the following
policy or policies of insurance:
1. WorkersI Compensation and Employer's Liability Insurance
as prescribed by applicable law.
2. Comprehensive General Liability Insurance [bodily injury
and property damage), the timIts of which shall not be less
than one million dollars I$1,000,000l combined single limit
per occurrence and annual aggregate.
3. Automobile bodily injury and property damage liability
insurance, the limits of whle. h shall not be less than one
mUllon dollars [$1,000,000) combined single limit per occur-
rence. Such Insurance shall extend to owned, non-owned
and hired automobiles used by CONSULTANT~s employees,
agents or assigns in the performance of this contract.
-13-
Design Professional Liability Insurance covering negtigent
acts, errors or omissions of CONSULTANT, the limits of
which shall not be Jess than two million dollars
per occurrence and annual aggregate.
Each insurance policy required by this Agreement shall provide for
thirty (:30) days prior written notice of cancellation to the CITY.
Each insurance policy required by this Agreement, excepting policies
for Workers~ Compensation / Employer's Liability and Professional Liability,
shall name the City its officials and employees as additional insured and be
primary and in excess of any coverages carried by the City.
Prior to commencement of any work under this Agreement, WILLDAN
shall deliver to the City insurance certificates confirming the existence of
the insurance required by this Agreement, indicating policy expiration
dates and including the applicable pr'ovisions referenced above.
Xl RESPONSIBLE INDIVIDUAL
The individual directly responsible for the performance of the duties
of and appointed the City Engineer as hereinabove set forth shall be Tim D.
Setlet, a Registered Civil Engineer, California License No. 28738.
The individual directly responsible for the performance of the duties
of and appointed the City Traffic Engineer as hereinabove set forth shall be
Tim D. Setlet, T.E. 569
The individual directly responsible for the performance of the duties
of and appointed the City Planning Director as hereinabove set forth shall
be Ross S. Geller.
-::[4-
Upon mutual agreement of the CITY, CONSULTANT may substitute
other indivlduals tn the above capacities as responsible Individuals, One or
more Deputy: City Engineers, Traffic Engineers, Building Offic~als,
Planning Directors, may be designated by the responsible individuals,
Xll IMPLEMENTATION
The CITY shall provide CONSULTANT with written notice reasonably
in advance of the date at which these services are to be implemented if
different than the date of the Agreement.
Xlll ATTORNEYS FEES
In the event of litigation between CITY and CONSULTANT arising out
of the performance of this agreement, the prevailing party shall be entitled
to an award of reasonable attorneys fees in addition to such other relief as
may be granted.
XlV ARBITRATION
All claims, disputes, and other matters in question between the
parties to this AGREEMENT, or the breach thereof, may be decided by
arbitration in accordance with the then-most current rules of the American
Arbitration Association, if the parties mutually agree.
XV
MISCELLANEOUS
A. The titles used In this agreement are for general reference only
and are not a part of the Agreement.
-15-
B. This Agreement shall be interpreted as though prepared by both
parties.
C, Any provision of this agreement held to violate any law shall not
invalidate the remainder of this Agreement,
D. This Agreement shall be interpreted under the laws of the State
of Callfornia
IN W~TNES$ WHEREOF, the parties hereto have caused this Agree-
ment to be executed by the duly authorized officers the day and year first
above written in this agreement.
CITY OF
Wl LLDAN ASSOCIATES
Mayor
Vice President
City Clerk
Approved:
City/Agency Attorr{ey
Attachment - Exhibit A - Schedule of Hourly Ratee
Exhibit "A"
August 1, 1989 - June 30, 1990
Classification
Engineering
Sr. Consultant
Principal Engineer
Division Manager
City Engineer
Project Director
Sr. Engineer
Sr. Project Manager
Project Manager
Associate Engineer
St. Designer (CADD)
Designer (CADD)
Supervising Engineer
Engineering Associate
Sr. Designer
St. Design Engineer
Design Engineer
St. Drafter
Designer
Sr. Drafter (CADD)
Drafter (CADD)
Drafter
Technical Aide
Spvsr.-Public Works Observation
St. Public Works Observer
Public Works Observer
Real Property services
Sr. Real Property Agent
RealProperty Agent
Assistant Real Property Agent
Burvevina
Spvsr. Mapping Services
Sr. Survey Analyst
St. Calculator
Calculator
Survey Analyst
Spvsr.-Survey
Survey Party Chief
Two-Man Field Party
Three-Man Field Party
Special Districts
Spvsr. Special Districts Services
Special Districts Coordinator
Special Districts Analyst II
Special Districts Analyst I
Fee Rate
Per Hour
$125.00'
110.00
100.00
100.00
95.00
82.00
82.00
75.00
73.00
73.00
68.00
90.00
73.00
68.00
59.00
55.00
57.00
52.00
57.00
52.00
45.00
38.00
72.00
62.00
52.00
90.00
75.00
62.00
90.00
75.00
75.00
62.00
62.00
85.00
78.00
140.00
185.00
90.00
75.00
62. O0
52.00
o~/28/8~ e~rm~ 8/1/89
~chedule of Hourly Rates
August 1989
Page 2
Planninq
Principal Planner
St. Planner
Planning Associate
Planning Assistant
Planning Technician
Community Development Services Coordinator
Sr. Community Development Specialist
Community Development Specialist
BUildin~
Plan Check Engineer
Plans Examiner
Spvsr. Building Inspection
Building Inspector
St. Permit Specialist
Permit Specialist
Landscape &rchitecture
Principal Landscape Architect
St. Landscape Architect
Associate Landscape Architect
Assistant Landscape Architect
Computer Services
Computer Time
Manager-Computer Operations
Sr. Software Engineer
St. Program Analyst
Program Analyst
Programmer
Computer Data Entry
Fee Rate
Per Hour
$ 91. oo
75.00
68.00.
57.00
42.00
82.00
68.00
57.00
73.00
63.00
66.00
56.00
51.00
40.00
82.00
68.00
62.00
52.00
35.00
75.00
· 62.00
62.00
52.00
42.00
38.00
Other
Word Processing 35.00
Consultation in connection with litigation and court appearances
will be quoted separately.
Additional billing classifications may. be added to the above'
listing during the year as new positions are created.
The above schedule is for straight time. Overtime will be charged
at 1.25 times the standard ~ourly rates. Sundays and holidays will
be charged at 1.70 times the standard hourly rates.
It should be noted that the foregoing wage rates are effective
through June 30, 1990. The rates may be adjusted after that date
to compensate for labor adjustments and other increases in other
costs.
CITY OF TEMECULA
CITY MANAGER'S REPORT
AB#: TITLE: RANCHO CALIFORNXA REIMBURSEMENT DEPT HD
MTG: 04/10/90 AGREEMENT CITY ATTY
DEPT: CM CITY MGR
RECOMMENDED ACTZON
It is recommended that the City Council authorize the Mayor to execute the
Reimbursement Agreement with Bedford Properties for improvements on Rancho
California Road.
BACKGROUND
Bedford has proposed to widen Rancho California Road in four places between Ynez and
Margarita.
The City has been asked to attempt to levy a fee on currently vacant properties when
they apply for discretionary planning approvals.
This proposal would provide a fully improved road this year--instead of a piecemeal
improvement as properties develop.
FISCAL IMPACT
No cost to the City, except for time spent in processing the Agreement.
1\CmRpt\0410~0.032 - 1- 04/05/~) 5:4/,am
VENTURA COUNTY OFFICE
2310 PONDEROSA DRIVE
SUITE I
CAMARILLO, CALIFORNIA 93010
{805) 987-3468
TELECOP~ER: {805} 48:~-9834
LAW OFFICES
Bu~K~., WILLIAMS & SOR~,NSI~-N
3200 BRISTOL STREET
SUITE ~40
COSTA MESA, CALIFORNIA 9~6
545-~559
April 9, 1990
LOS ANGELES OFFICE
ONE WILSHIRE SUILDING
624 SOUTH GRAND AVENUE, IITM FLOOR
LOS ANGELES, CALIFORNIA 9OOI7
(213) ;:'36-0600
TEIECOPIER: (::'13} ::'36-;~700
Honorable Mayor and Members of
the City Council
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
Re: Rancho California Reimbursement Agreement
Honorable Mayor and Councilmembers:
Enclosed in your Agenda Packet for the April 10,
1990 meeting is a Reimbursement Agreement providing for the
widening of Rancho California Road. As you may recall, this
item was previously delayed at Bedford's request to address
a potential drainage problem. Since then, I received the
attached letter from Bedford, requesting modification of the
Agreement to include drainage facilities.
I concur in this request, and have revised the
Agreement accordingly. The new Agreement is enclosed. The
revision appears at page 2, and provides for widening the
scope of work to include drainage facilities.
In addition, Bedford subsequently asked for some
minor changes at page 2 (concerning time for posting bonds)
and page 5 (deleting an unnecessary reference to the
Engineer's formula). I agreed with all of these changes,
and they are reflected in the enclosed Agreement.
This new Agreement should replace the Agreement
included in your Agenda Packet.
sff/LTR15011:bjj
Respectfully submitted,
Scott F. Field
City Attorney
CITY OF TEMECULA
cc: F. D. Aleshire, City Manager
sff/AGR15311(040990-412
REIMBURSEMENT AGREEMENT
FOR
OFF-SITE STREET IMPROVEMENTS
TO RANCHO CALIFORNIA ROAD
THIS AGREEMENT, made and entered into this day
of 1990, by and between the CITY OF TEMECULA, a municipal
corporation, hereinafter called CITY, and BEDFORD
DEVELOPMENT COMPANY, a California Corporation, hereinafter
called DEVELOPER.
WITNESSETH:
WHEREAS, in the opinion of the City Council of the
CITY, it is necessary that off-site street improvements be
constructed which can be, or will be used to serve the
hereinafter described property of DEVELOPER; and
WHEREAS, the DEVELOPER, at his own expense will
construct such street improvements; and,
WHEREAS, such street improvements as constructed
will provide a portion of the improvements which would be
required of adjacent properties at a later date;
NOW, THEREFORE, IN CONSIDERATION of the mutual
promises and covenants herein contained, CITY and DEVELOPER
agree as follows:
1. In accordance with plans and specifications
approved by the City Engineer of CITY, DEVELOPER will, at
his own expense, furnish all equipment and materials
sff/AGR15311(040990-422
necessary and pay all costs incident to the construction of
the following' off-site street improvements and appurtenant
work:
Widening the existing Rancho California Road in
those areas depicted in Exhibit A as requiring
widening, so as to correspond with adjacent four
(4) lane portions of Rancho California Road;
construct curbs, gutters and sidewalks and modify
street signs, traffic signalization, overhead power
poles and other utilities as necessary to
correspond with new street widths; and install
drainage facilities as reasonably necessary to
accomodate the road widening (hereinafter
collectively referred to as the "Improvements");
to benefit DEVELOPER'S property described as follows:
See Exhibit B attached hereto.
2. DEVELOPER shall construct the Improvements and
shall cooperate with the City Engineer in the construction
of the Improvements.
3. City Engineer shall inspect the Improvements
at the expense of DEVELOPER and, after any deficiencies
discovered by said Engineer have been corrected by
sff/AGR15311(040990-432
DEVELOPER, CITY shall accept the Improvements for public
use.
4. Until such time as the City has accepted the
Improvements and their warranty period has expired,
DEVELOPER shall save, keep and hold harmless CITY, its
officers or agents, from all damages, costs or expenses in
law or equity that may at any time arise or be set up
because of damage to property, or of personal injury
received by reason of or in the course of performing the
work necessary for the construction of the Improvements
which may be occasioned by any act or omission on the part
of DEVELOPER, its agents or employees.
5. CITY shall not be responsible for any
accident, loss or damage resulting from the Improvements
prior to its acceptance by CITY. DEVELOPER shall remain
responsible for satisfactory workmanship and material for a
period of one year from the date of acceptance of the work
by CITY.
6. Upon award of the bids for the Improvements,
DEVELOPER shall provide as security to the CITY:
a. For Performance and Guarantee: A letter
of credit, surety bond or other security, in a form
acceptable to the City Attorney, in the amount of one
hundred percent (100%) of the estimated cost of the work.
With this security, DEVELOPER guarantees performance under
sff/AGR15311(040990-442
this Agreement and maintenance of the Improvements for one
year after its completion and acceptance against any
defective workmanship or materials or any unsatisfactory
performance.
b. For Payment: A letter of credit, surety
bond or other security, in a form acceptable to the City
Attorney, in the amount of fifty percent (50%) of the
estimated cost of the Improvements. With this security, the
DEVELOPER guarantees payment to the contractor, to his
subcontractors, and to persons renting equipment or
furnishing labor or materials to them or to the DEVELOPER.
c. Upon acceptance of the Improvements as
complete by the CITY and upon request of the DEVELOPER, the
amount of the securities may be reduced according to the
provisions of Section 66499.7 of the California Government
Code.
7. After approval by the CITY of plans and
specifications for the Improvements, DEVELOPER shall solicit
contract bids through a recognized contract bidding agenda
such as the Dodge Report. All bids will be submitted to the
City Engineer for review. The City Engineer will determine
an acceptable cost of the Improvements based on such bids
and this cost shall be the cost reimbursed to DEVELOPER as
hereinafter provided.
sff/AGR15311(040990-452
8. CITY hereby agrees to use its best efforts to
impose fees or exactions on the first discretionary
development permit of property immediately abutting or
adjacent to the Improvements (hereinafter, the #Benefitting
Property"). Such fees and exactions shall be used to
reimburse DEVELOPER for the costs of the Improvements.
Owners of said property shall be conditioned
on repayment to CITY of the costs of construction of one
abutting lane of Rancho California Road, plus curb, gutter,
sidewalk, parkway and drainage, and one-half of the cost of
any utility relocation not borne by the utility.
9. Reimbursement as set forth in Paragraph 7
above shall be paid to the DEVELOPER from time to time as
fees and exactions are collected for the Improvements as
hereinbefore set forth, except that:
All right of reimbursement shall cease ten
(10) years after the date of this Agreement,
whether fully paid or not; and
be
CITY is not liable to DEVELOPER for any
reimbursement set forth in Paragraph 8 above,
if CITY fails for any reason, including
negligence, to impose the fee or exaction on
the Benefitting Property. Rather, the sole
sff/AGR15311(040990-462
remedy of DEVELOPER in enforcing reimbursement
is to participate in, challenge, and appeal,
if necessary, the impositon of conditions on
the development permit approvals of the
Benefitting Property.
10.
no interest.
11.
Amounts covered by this Agreement shall bear
Reimbursement to be made under this Agreement
shall be mailed to the address of DEVELOPER hereinafter
shown unless written notice of change of address is received
by CITY.
12. Rights to reimbursements due under this
Agreement may be assigned after written notice to CITY by
the holder of such rights as shown by the records of CITY.
Such assignment shall apply only to such refunds or
reimbursements becoming payable more than thirty (30) days
after receipt by CITY of written notice of assignment. CITY
sff/AGR15311(040990-472
shall not be required to make any reimbursement payment to
more than a single developer or assignee.
IN WITNESS WHEREOF, the parties hereto have
executed this Agreement on the day and year first above
written.
DEVELOPER
Address:
Attest:
City Clerk
Approved as to form:
~ity Attorney
BY
CITY OF TEMECULA
BY:
MAYOR
04x05/~9~0
April 4, 1990
RANCHO CA DEU c'fq-4RR :'4-,::,:~ 714 6,76 884,"7
BEDFORD PROPERTIES
P. 02
Mr. Scott F. Field, Esq.
Burke, Williams & Soreasea
3200 Bristol Street, Suite 640
Costa Mesa, CA 92626
Re: City of Temecula
Rancho California Road Widening
Dear Scott:
It appears that the widening of Rancho California Road will
include installation of drainage facilities. Therefore, the
Reimbursement Agreement should include this in the description of
work to be performed.
Would you be so kind as to send to me a copy of the Reimbursement
Agreement as I have not seen how you previously revised this.
Thanks.
Very truly yours,
Lisa D. Peterson
Vice President - Company Counsel
/scs
Bedlord l'roperties, Inc.
A Diversified Real Estate
Development and
Management Cornp~ny
Mailing Addre.~
P,O. Box 755
Rnncho California, Caliic~rni,~
92390
28765 Single Oak Drive
,quite 200
P~ncho California, California
92390
'lillephone
714
676-5(-g'1
Ev["l~lT B
~F(9be~? cJgei~L, ~7~rilliasn ~70st ~ge./~ssoci~tes
PROFESSIONAL {~NGINrcERS, PLANNERS & SURVEYORS
02
6, 1990
24120
LEGAL DESCRIPTION
HAR~JTA ~OMhERCIAL SiTE
PARCEL 1 OF PARCEL HAP NO, 22513, iN THE CiTY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
AS PER MAP FILED IN BOOK 145, PAGES 70 AND 71 OF
PARCEL ~PS IN THE OFFICE OF THE COUNTY RECORDER
or SAID COUNTY,
VENTURA COUNTY OFFICE
23t0 PONDEROSA DRIVE
SUITE I
CAMARILL0, CALIFORNIA 93010
(805) 987-3468
TELECOPIER: {805} 482-9834
LAW OFFICES
3200 BRISTOL STI~EET
SUITE 640
COSTA MESA, CALIFORNIA
(714-)545-555~
L0~ ANGELES OFFICE
ONE WILSHIRE BUILDING
6=~4 SOUTH GRAND AVENUE, IITM FLOOR
LOS AN(~ELES, CALIFORNIA 90017
(213) 236-0600
TELECOPIER: (213) E36-2700
April 9, 1990
Honorable Mayor and Members of
the City Council
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
Re: Rancho California License Agreement
Honorable Mayor and Councilmembers:
Enclosed in your Agenda Packet for the April 10,
1990 meeting is a License Agreement providing for the City
limits signs. Late last week, I received the attached
letter from Bedford, requesting modification of the
Agreement in several respects.
I concur in this request, and recommend the
approval of the enclosed Agreement, which includes the
following:
The Agreement may be terminated on twenty days
notice. (However, it should be noted that we
anticipate that the sewer line can be tunneled
under the southern sign, and consequently, its
removal will not be necessary.)
The City will maintain the area within 70 feet
of the signs.
The City will indemnify Bedford for any
liability resulting from the City's negligent
activities. (This, in fact, was my intent in
drafting the Agreement, but the word "License"
instead of #Licensor# was mistakenly included
at line 5, paragraph 6 of the Agreement in
your packet.)
Honorable Mayor and Members of
the City Council
April 9, 1990
Page 2
Per Bedford's request, the Agreement will have
a definite term. However, I have added that
if the parties cannot agree to a new License,
the City will have no obligation to clean the
signs. Bedford has agreed to this change.
This new Agreement should replace the Agreement
included in your Agenda Packet.
sff/LTR13243:bjj
Respectfully submitted,
Scott F. Field
City Attorney
CITY OF TEMECULA
cc: F. D. Aleshire, city Manager
sff/AGR14477(040990-2)
LICENSE AGREEMENT
This Agreement is made this day of ,
1990, by and between Bedford Development Company, a
California corporation, formerly known as Kaiser Development
Company (hereinafter referred to as #LICENSOR#), and the
City of Temecula, a municipal corporation (hereinafter
referred to as #LICENSEE#).
WHEREAS, LICENSOR is the owner of certain real
property, located in City of Temecula, County of Riverside,
California, more particularly described as Exhibit A,
attached hereto and incorporated herein (hereinafter
referred to as the #PROPERTY#); and
WHEREAS, LICENSEE desires to obtain permission to
perform certain acts upon the PROPERTY;
NOW, THEREFORE, the parties hereto agree as
follows:
1. LICENSOR grants to LICENSEE a license to use
the PROPERTY for the purpose of maintaining a monument sign
with LICENSEE's name on it, the design of the sign which
must be approved by LICENSOR prior to the erection or
construction of any lettering.
2. This License is non-exclusive and personal to
the LICENSEE. It is not assignable, and any attempt to
assign this license terminates it.
-1-
sff/AGR14477(040990-2)
3. This License is terminable upon twenty (20)
days written notice by either party.
4. In the event LICENSEE shall utilize the
PROPERTY for any other purpose or perform any other activity
on the PROPERTY which is not authorized by this Agreement,
or otherwise breach any covenant hereof, this License
Agreement and all of LICENSEE's rights hereunder shall be
terminated immediately.
5. During the term of this License, LICENSEE
shall maintain the PROPERTY. LICENSEE shall be responsible
for all cost of lighting, landscaping, water, repair and
maintenance of its sign and the adjacent landscape area
within 70 feet surrounding the sign.
6. LICENSEE agrees to indemnify and save harmless
LICENSOR, its officers, officials, employees and volunteers,
from and against any and all claims, demands, losses,
defense costs, or liability of any kind or nature which the
LICENSOR, its officers, agents and employees may sustain or
incur or which may be imposed upon them for injury to, or
death of persons, or damages to property arising out of
LICENSEE's negligent performance of the terms of this
License, excepting only liability arising out of the sole
negligence of LICENSOR.
-2-
sff/AGR14477(040990-2)
7. Notices shall be given pursuant to this
License by personal service on the party to be notified, or
by a written notice upon such party, deposited in the
custody of the United States Postal Service, first-class
mail, addressed as follows:
a. LICENSOR:
b. LICENSEE:
Bedford Development Company
28765 Single Oak Drive, Ste 200
Temecula, California 92390
ATTENTION:
City of Temecula
43172 Business Park Drive
Temecula, California 92390
ATTENTION: city Manager
8. This Agreement shall be effective for a period
of one year from April 10, 1990 to April 9, 1991. It is
further contemplated that the parties hereto will enter into
a succeeding License. However, if there should not be a
succeeding License, the City shall have no obligation to
restore the monument sign on the PROPERTY to its appearance
prior to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed on the day and year first
above written.
CITY OF TEMECULA
By
RON PARKS, MAYOR
-3-
sff/AGR14477 (040990-2)
APPROVED AS TO FORM:
SCOTT F. FIELD, CITY ATTORNEY
ATTEST:
F. D. ALESHIRE, CITY CLERK
BEDFORD DEVELOPMENT COMPANY,
a California Corporation
By:
(Name and Title)
-4-
BEDFORD PROPERTIES
April 2, 1990
Scott F. Field, Esq.
Burke, Williams, & Sorensen
3200 Bristol Street, Suite 640
Costa Mesa, CA 92626
~e: Temecula Monument Signs
Dear Scott:
Thank you for your revised License Agreement. Some of your
changes won't quite work, as I will explain below. I have
enclosed a newly revised copy of this Agreement in which I
attempted to keep your changes as much as possible, tempered by
the following:
An indefinite term was initially discussed by the parties,
but because temporary signage was erected, it was determined
that the License should be limited and renegotiated after
the "permanent" signage was designed. We want to encourage
a permanent sign to replace the existing temporary sign.
The 60-day notice has been changed to 20 days. The reason
for this is that a sewer lift station is being installed
adjacent to the southern sign, which will require the
demolition or relocation of that sign. The relocation or
demolition may take place within approximately 60 days from
now, so we will be terminating the license as to this sign
as soon as we know specifically when the work will commence.
In your indemnity, you only offered to indemnify us against
loss sustained by the City. One of my specific concerns to
Frank Aleshire was third-party injury or damage, and loss to
this company. If the City and/or its contractors or
employees ar to be performing acts on our property, we
should have no responsibility for the consequences of those
acts. Clearly, we do not wish to give a gift for which we
may end up with unforeseen liability.
Bedford Properties, Inc.
A Diversified Real Estate
Development and
Management Company
/continued...
Mailing Address 28765 Single Oak Drive Telephone
P.O. Box 755 Suite 200 714
Rancho California, California Rancho California, California 676-5641
92390 92390
Scott F. Field, Esq.
April 2, 1990
Page 2
Is the City exempt from State or Federal law? You removed
the requirement of compliance with the law and, among other
things, a right-of-way and federal freeway are immediately
adjacent to the signs, resulting in restrictions on use.
If the revised draft is acceptable, please advise as to the
procedures for the City's execution.
Very ~truly yo~. rs,
~Lisa D. Peterson
Vice President - Division Counsel
/scs
encl.
VENTURA COUNTY OFFICE
2310 PONDEROSA [3RIVE
SUITE I
CAMARILLO, CALIFORNIA 93010
{805] 987-3468
TELECOPIER; {605) 482-S634
lAW OFFICES
BURKE, WILLIAI~S & SORENSEN
3200 BRISTOL STREET
SUITE 6~0
COSTA MESA, CALIFORNIA 92~26
(71~,.)545-5559
LOS ANGELES OFFICE
ONE WILSHIRE BUILDING
624 SOUTH GRAND AVENUE, IITM FLOOR
LOS ANGELES, CALIFORNIA 90017
(::' 13) 236-0600
TELEC0~IER: (213) 236-~700
March 23, 1990
Ms. Lisa D. Peterson
Vice President-Division Counsel
Bedford Properties, Inc.
28765 Single Oak Drive
Suite 200
Rancho California, CA 92390
Re: License Aqreement With Bedford For Monument Siqns
Dear Lisa:
Pursuant to the request of the City Manager, I have
reviewed and revised the License Agreement for the monument
signs Bedford proposed. The revised Agreement is
enclosed. It provides for an indefinite term and
indemnification clauses that are a little more equitable as
to the City as compared to the earlier draft.
Please feel free to call me if you should have any
questions.
Sincerely,
Scott F. Field
City Attorney
CITY OF TEMECULA
sff/LTR14477:bjj
cc: F. D. Aleshire
sff/AGR14477
LICENSE AGREEMENT
This Agreement is made this day of ,
1990, by and between Bedford Development Company, a
California corporation, formerly known as Kaiser Development
Company (hereinafter referred to as #LICENSOR"), and the
City of Temecula, a municipal corporation (hereinafter
referred to as #LICENSEE#).
WHEREAS, LICENSOR is the owner of certain real
property, located in City of Temecula, County of Riverside,
California, more particularly described as Exhibit A,
attached hereto and incorporated herein (hereinafter
referred to as the "PROPERTY"); and
WHEREAS, LICENSEE desires to obtain permission to
perform certain acts upon the PROPERTY;
NOW, THEREFORE, the parties hereto agree as
follows:
1. LICENSOR grants to LICENSEE a license to use
the PROPERTY for the purpose of maintaining a monument sign
with LICENSEE's name on it, the design of the sign which
must be approved by LICENSOR prior to the erection or
construction of any lettering.
2. This License is non-exclusive and personal to
the LICENSEE. It is not assignable, and any attempt to
assign this license terminates it.
-1-
sff/AGR14477
3. This License is terminable upon sixty (60)
days written notice by either party.
4. In the event LICENSEE shall utilize the
PROPERTY for any other purpose or perform any other activity
on the PROPERTY which is not authorized by this Agreement,
or otherwise breach any covenant hereof, this License
Agreement and all of LICENSEE's rights hereunder shall be
terminated immediately.
5. During the term of this License, LICENSEE
shall maintain the PROPERTY in a first-class condition.
LICENSEE shall be responsible for all cost of lighting,
landscaping, water, repair and maintenance of its sign and
the adjacent landscape area within feet surrounding the
sign.
6. LICENSEE agrees to indemnify and save harmless
LICENSOR, its officers, officials, employees and volunteers,
from and against any and all claims, demands, losses,
defense costs, or liability of any kind or nature which the
LICENSEE, its officers, agents and employees may sustain or
incur or which may be imposed upon them for injury to, or
death of persons, or damages to property arising out of
LICENSEE's negligent performance of the terms of this
License, excepting only liability arising out of the sole
negligence of LICENSOR.
-2-
sff/AGR14477
7. Notices shall be given pursuant to this
License by personal service on the party to be notified, or
by a written notice upon such party, deposited in the
custody of the United States Postal Service, first-class
mail, addressed as follows:
a. LICENSOR:
b. LICENSEE:
Bedford Development Company
28765 Single Oak Drive, Ste 200
Temecula, California 92390
ATTENTION:
City of Temecula
43172 Business Park Drive
Temecula, California 92390
ATTENTION: city Manager
8. This Agreement shall be effective from and
after , 1990.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed on the day and year first
above written.
CITY OF TEMECULA
APPROVED AS TO FORM:
By
RON PARKS, MAYOR
SCOTT F. FIELD, CITY ATTORNEY
ATTEST:
F. D. ALESHIRE, CITY CLERK
////
-3-
sff/AGR14477
BEDFORD DEVELOPMENT COMPANY,
a California Corporation
By:
(Name and Title)
-4-
CITY OF TEMECULA
CITY MANAGER'S REPORT
AB# 10 TITLE: DEPT HD.
MTG 4-17-90
BUILDING INSPECTION SERVICES CITY ATTY
DEPT CM CITY MGR
RECOIlHEll)B) ACTION
It ts recommended that the City Council authorize the City Hanager to call for
proposals to provide building inspection and grading services for the fiscal year
beginning 4uly 1, 1990.
BACKGROUND
The County Building and Safety Department has advised the City that they do not
wish to continue services to Temecula beyond 4une 30, 1990.
The City, therefore, needs to provide those services under contract. There are
several qualified firms who can provide these services for a percentage of the
building permit fee.
It is suggested that the proposals be received May 15, 1990 and that a council
committee be designated to interview the candidates along with the City Manager
and a representative from the County 0epartment.
FISCAL I#PACT
It is expected that building and grading fees will exceed $1 million next year.
Activity Permits as of April 4, 1990 is attached.
Attach:
Activity Permits
Letter April $, 1990, T.H. Ingram
Oepartment of Building Safety
Administrative Center · 1777 Atlanta Avenue
Riverside, CA 92507
ACTIVE PERMITS - CITY OF TEMECULA
AS OF April 4, 1990
PATIOS .................................. 266
POOLS ................................... 104
COMMERCIAL .............................. 112
DWELLINGS ............................... 248
MISCELLANEOUS ........................... 587
1,317
PLAN REVIEW ............................. 119
1,436
GRADING ................................. 541
TOTAL: 1,977
Administration (714) 682-8840 · (714) 787-2020
CITY OF TEMECULA
CITY MANAGER'S REPORT
AB#: TITLE: DEPT HD.
MTG: Sphere oflnfluence Smdy CITY ATTY
DEPT: CM CITY MGR
RECOMMENDATION:
City Council appoint two Councilmembers to serve on a Sphere of Influence
Committee.
BACKGROUND:
On April 10, 1990, the City Council voted to retain the firm of Philip Anthony, Inc.
to do a sphere of influence study for the City.
The consultant has requested that two Councilmembers and the City Manager (or
designee) be named to advise the consultant and to help organize the public input
program.
FISCAL IMPACT:
None.
TO:
FROM:
DATE:
SUBJECT:
CITYOF TEMECULA
FRANK ALESHIRE, CITY MANAGER ~
TERESA MALEY, ADMIN. SECRETARY
APRIL 10, 1990
REQUEST TO SPEAK FOLLOW-UP
MARCH 27 CITY COUNCIL MEETING
The City of Temecula's official zip code is 92390.
If an item is mailed with an address within the City boundary or the 92390 zip code boundary
(see attached), it should be addressed Temecula.
The Temecula Post Office will deliver mail addressed to Rancho California in a timely fashion.
The difficulty, however, is when residents fail to use Rancho California and instead use Rancho,
California.
1 ~'ncmo\41090.001 -1-
Mayor
Ron Parks
Mayor Pro Tem
Karel F. Lindemans
CITY OF TEMECULA
P.O. Box 3000
Temecula, California 92390
(714) 694-1989
FAX (714) 694-1999
Councilmembers
Patricia H. Birdsall
Peg Moore
J. Sal Mu~oz
April 12, 1990
Ms. Sharon Colton
Department of Planning and Land Use
County of San Diego
5201 Ruffin Road (MS 0650)
San Diego, CA 92123
COMMENTS ON DRAFT EIR/EIS FOR THE PROPOSED
NORTH COUNTY LANDFILL (SCH# 89-071908)
The City of Temecula herewith submits the enclosed
comments on the Draft Environmental Impact
Report/Environmental Impact Statement for the County of
San Diego's proposed North County Landfill project.
These comments were approved unanimously by the Temecula
City Council at a regular meeting held on April 10, 1990.
Please be advised that the City of Temecula objects to
the fact that it was not notified or consulted in a
timely manner during the early stages of the CEQA/NEPA
process for this landfill project, even though both the
Aspen Road and Blue Canyon sites directly and severely
impact our community. Therefore, our comments are
submitted under protest.
For the reasons stated in our enclosed comments, the City
of Temecula contends that the Draft EIR/EIS is incomplete
and inadequate and should be rejected. The City of
Temecula opposes both the Aspen and Blue Canyon sites
unless and until acceptable environmental studies
demonstrate that all negative impacts are known,
understood and practical to mitigate.
We request that the City of Temecula be informed and
formally notified of all further activities on the
proposed North County Landfill project.
City Manager
Enclosure
RANPAC
ENGINEERING CORPORATION
April 12, 1990
Mr. Frank Aleshire, City Manager
city of Temecula
43172 Business Park Drive
Temecula, California 92390
Dear Mr. Aleshire:
I am pleased to enclose, for your use, the revised comments
on the city's behalf relative to the landfill proposed in
Northern San Diego County.
The comments offered by Councilman Munoz and Mr. Bill Bopf at
the recent City Council meeting have been incorporated into
the Mitigation Measures section.
If Ranpac can be of assistance in any other way, please do not
hesitate to call.
Very truly yours,
RANPAC ENGINEERING CORPORATION
Director of Planning
EAE:vhm
Enclosure
27447 Ent~ Cirde West · Temecula, CA 92390 USA · TEL 714 676-7000 · FAX 7~4 676-8527
City of Temecula
43172 Business Park Drive
Temecula, California 92390
(714) 699-1989
Comments Regarding Draft EIR/EIS
for the Proposed North San Diego County
Class III Landfill
General Comments
From the perspective of the City of Temecula and Southwestern
Riverside County in general, the greatest deficiency in the
document is the apparent lack of coordination and
consideration of impacts to these communities. Specifically,
impacts upon these areas are dealt with in a very superficial
and cursory manner. Where mitigation is suggested for
Riverside County impacts, no definite commitments to implement
such mitigation are provided.
The apparent disregard of areas to the north is evident from
the fact that the Draft document was not made available to any
public resources (i.e., libraries) in Riverside County (see
Section 2.0 in Chapter 7) nor did the list of persons and
organizations consulted (Section 2.0 of Chapter 9) include any
public officials in our area.
This project appears to be another case of a jurisdiction
placing an "undesirable" element in the extremity of its
territories, to minimize impacts upon its constituents,
perhaps at the expense of neighboring jurisdictions. This is
clearly evident with the Blue Canyon site and the expressed
intent to utilize Highway 79 and not Highway 76, and to a
lesser degree with the Aspen Road site.
The EIR/EIS does not include a mitigation monitoring section
in response to State Public Resources Code Section 21081(a).
The mitigation sections and commitments in the document are
exceedingly weak, with little or no commitment toward
implementation. The document should, with each proposed
measure, identify the agency/entity responsible for
implementing and monitoring the action and the timing thereof.
The method of commitment to implement a measure should also
be clearly stated.
In our opinion, the EIR/EIS should be revised with proper
input from Riverside County concerns. The document should
include a thorough analysis of alternatives which do not
impact Temecula and Riverside County. Finally, upon the
incorporation of proper coordination and all of the comments
1
provided herein, the document should be recirculated for
public review.
Specific Comments
PaGe 1 (Abstract)
The need for supplemental documentation in the event of
selection of any of the alternative sites is identified in
the abstract. Consequently, it seems reasonable that this
document should take the form of a Program EIR/EIS, which
precisely addresses and defines the need for further analysis.
Additionally, impacts which are not fully addressed and
clearly mitigated to levels of insignificance must be
considered significant until data is provided to prove
otherwise.
PaGe 2-9 (4.1 Aspen Road Site)
The prudence of incurring the liability of siting a new
landfill site in a populated area for a short term solution
(15 year life of landfill) is highly questionable,
particularly when one considers the distance this site is from
its primary MSW generation sources.
PaGe 2-12 (4.2 Blue Canyon Site)
Once again, the location of a site an extreme distance from
the primary source of MSW generation must be questioned,
especially when one considers that substantial areas outside
of the benefitting jurisdictions will suffer impacts related
to noise, air quality, traffic, litter and roadway
maintenance.
The potentially active fault underlying the Blue Canyon site
should be addressed in full detail at this stage of
environmental review to allow a meaningful analysis of the
site's potential and alternatives analysis.
Page 2-18 (4.2 Blue Canyon Site)
The EIR/EIS casually mentions the presence of active and
intermittent springs on the site. Nowhere in the document is
the significance of these springs discussed relative to
wildlife and other biotic values.
Natural water sources, particularly year-round ones, for
wildlife and sensitive plant species are a unique and very
valuable commodity, the significance of which should not be
overlooked. The EIR/EIS must address the impact of modifying
or eliminating natural springs and the cumulative impacts
associated therewith.
Page 2-20 (Figure 2-5)
Highway 79 is incorrectly identified as Highway 78.
Page 2-23 (Fiqure 2-6)
The graphic should appear in the text in the chronological
location following the reference to it. It should be
relocated to before page 2-21 for the benefit of the reader.
Page 3-11 (3.4.2 Blue Canyon Site)
The sub-section relative to SR 76 indicates that the
consideration of this route as an access to the Blue Canyon
site "was also rejected in view of the many sharp curves,
steep grades and comparatively greater number of residences
and rural uses along that route, compared to the less
developed SR 79 route with fewer curves and flatter grades".
This statement can best be described as undocumented,
unsubstantiated and subjective. It is felt that the selected
access route to this site is a critical issue to Southwestern
Riverside County and deserves a meaningful, quantitative
analysis. SR 79, particularly between Aguanga and Sunshine
Summit, is unsuitable for heavy trash and/or transfer truck
traffic due to the characteristics associated in the EIR/EIS
with SR 76. The document appears to ignore several thousand
approved and vested residential units, schools and parks which
will shortly be developed in the SR 79 corridor.
Additionally, no mention is made of the impacts of the
physical condition of Riverside County and Temecula roads, or
for mitigating the cost of road maintenance which would
apparently be borne by Riverside County and State-wide tax
payers. Finally, no discussion or mitigation for litter
control along SR 79 is provided.
Page 4-15 (2.1.1 Aspen Road Site/2.1.2 Blue Canyon Site)
As stated in a prior comment, the significance of natural
springs on the Aspen Road and Blue Canyon sites is not
discussed.
Page 4-49 (6.2 Aspen Road Site)
The air quality discussion for the Aspen Road site must
address air flows and the transmission of airborne pollutants
and odors to the Temecula Valley, which presently enjoys
excellent air quality. Any potential impacts upon any
remaining area in Southern California which enjoys relative
pristine air quality must be considered significant.
The unusually strong wind dynamic between the Temecula Valley
and the Rainbow Gap and coastal air transmitted therethrough
probably defy conventional wisdom regarding distances of odor
impacts around landfills. A full scientific investigation is
in order to assure preservation of local air quality.
3
Pages 5-7 and 5-8 (2.1.1 Aspen Road Site/2.1.2 Blue Canyon
Site)
Once again, the removal or modification of natural spring
water sources must be addressed. The EIR/EIS should also
include a water quality assessment addressing impacts along
haul routes. Water quality degradation can be expected from
the mixture of surface runoff and fugitive dust with refuse
resulting from garbage truck traffic.
Page 5-17 (Blue Canyon Access Route)
The land use section must address land use impacts to not only
existing development in the SR 79 corridor, but also to
approved, vested development. Provisions must be made for
roadside cleanup, maintenance and noise mitigation.
Pa~e 5-30 (4.2.2 Blue Canyon)
The traffic section of the EIR/EIS is inadequate with regard
to impacts on SR 79, although it does correctly identify
impacts upon this highway as significant. A complete traffic
study which calculates ICU's and link-by-link LOS for all of
Highway 79 is necessary to complete any environmental review
of the Blue Canyon site. Additionally, the roadway geometrics
along SR 79 need detailed analysis to ensure roadway adequacy
and the manageability of grades and curves.
Page 5-38 (5.2.3 Blue Canyon Site)
Noise impacts along SR 79 appear to be significant with
respect to existing development alone (in federal analyses,
a 3 db(A) increase is generally considered to be a
significance threshold which warrants noise barriers). The
EIR/EIS should also address unconstructed approved development
in the corridor. Finally, the noise analysis should include
not only CNEL, but peak noise projections as potentially very
noisy garbage trucks will disturb residents.
Where mitigation is discussed, no specific commitments to
install noise barriers are expressed. It is questionable
whether mitigation would be feasible or would actually occur
in all cases.
Pa~e 5-55 (6.2.2 Blue Canyon)
An analysis of pollutant concentrations at key intersections
is required to complete the air quality assessment.
The vinters and orchard owners of the Temecula Valley are
vitally concerned with air quality, given the fragile nature
of grape and citrus crops. The EIR/EIS should include use of
theCaline 4 dispersion model to ascertain truck-related
emission concentrations at key locations. In addition, the
subregional wind dynamics described previously must be
evaluated to ensure maintenance of good air quality.
Page 5-70 (7.3.1 Aspen Road Site)
Inadequate commitment is provided for mitigating biological
impacts. It is (1) unclear when mitigation would occur; (2)
unknown whether mitigation would be effective; (3) unknown
whether impacts will be significant after mitigation; and (4)
apparent that impacts to Cooper's hawk would not be mitigated
sufficiently as no sites for oak woodland replacement have
been identified.
We are not aware of whether the replanting of Parry's
tetracoccus has ever been successful. Empirical data should
be provided on success rates, or the potential significant
impacts of the inability to replant these species should be
cited.
In general, with regard to the mitigation of biotic impacts,
responsibility for mitigating impacts cannot be deferred to
other actions or other agencies.
Pages 5-126 to 5-133 (Cumulative Impacts)
Particularly with impacts to SR 79 and Southwestern Riverside
County, the cumulative impact analysis fails to consider any
projects in Riverside County and complete cumulative effects
relating to noise, air quality, traffic, land use, water
quality and socio-economic considerations.
Summary
The Draft EIR/EIS is, in our estimation, inadequate for
certification, probably to the degree where corrections
through response to comments and the Final EIR/EIS will not
meet the true public disclosure intent of CEQA and NEPA.
As a minimum, we would recommend extending the comment period
for 30 days. Preferably, the document should be revised and
recirculated for complete public review.
5
Mitigation for the Proposed
North San Diego County Landfill
Blue Canyon Alternative Site
Traffic
o Mitigation Measures for State Highway 79 South
San Diego County shall contribute to Riverside
County and City of Temecula Signal Mitigation Fees
for Interstate 15 and Highway 79 interchange.
A Joint Powers Authority (JPA) or other multi-
jurisdictional organization should be organized to
oversee mitigation implementation by acting as lead
agency for an Assessment District (AD) or Community
Facilities District (CFD) to finance and implement
mitigation as identified in the draft EIR/EIS. The
JPA should consist of San Diego County, Riverside
County, the City of Temecula and CalTrans.
Financing and bonding for an AD or CFD shall
originate from San Diego County only. In lieu of
.an AD or CFD, a San Diego County fee implementation
mechanism shall be enacted.
A separate supplemental EIR should be prepared for
any mitigation improvements within Riverside County
and the City of Temecula at Highway 79 as delineated
in the EIR/EIS.
Limit the use of Highway 79 by waste transportation
vehicles to non-peak traffic flow hours of the day.
San Diego County should enact mandatory waste
separation and recycling programs to reduce the use
of the landfill.
Noise
o
Mitigation Measures for Residential Developments along
State Highway 79 South
Construct noise barriers along Highway 79 at
dimensions described in a detailed noise assessment
prepared in conjunction with the above-mentioned
supplemental EIR. These barriers should be placed
on the north side of Highway 79 from the Margarita
Road intersection westbound to the intersection of
6
La Paz Street. A barrier on the south side of
Highway 79 will be necessary adjacent to Tracts
23267 and 23299 and on the south side adjacent to
the condominiums at the intersection of Highway 79
and La Paz Road.
Limit the use of Highway 79 by waste transportation
vehicles to daylight hours on weekdays.
Consideration shall be made relative to the
placement of any noise reducing muffler devices on
all waste transportation vehicles utilizing Highway
79 from San Diego County.
Air Ouality
Mitigation Measures for Localized Impacts Along Highway
79 South
A Caline 4 analysis should be completed in
conjunction with the aforementioned supplemental EIR
to determine the extent of localized impacts along
the Highway 79 corridor at sensitive residential and
school land uses.
Limit the type of waste transportation vehicles to
gasoline powered only to eliminate particulate
emissions from diesel engines.
San Diego County should enact mandatory waste
separation and recycling programs to reduce the use
of the Blue Canyon landfill.
Mitigation Measures for Regional Southwest Riverside
County Impacts
Use of rail or other alternative transportation
method for waste should be considered. Use of such
transportation options to haul wastes to potential
rail-capable sites such as Eagle Mountain should be
analyzed.
Consideration should be made for waste incineration
alternatives within the San Diego County Air Basin.
San Diego County should enact mandatory waste
separation and recycling programs to reduce the use
of landfills. A study should be prepared which
compares air quality impacts and fuel consumption
of trucking versus impacts of refuse incineration.
7
Water Ouality
Eastern Municipal Water District and Rancho California
Water District have been working on a live stream
discharge of their highly treated waste treatment
effluent into the Santa Margarita River Basin. The
presence of the proposed Aspen Road Landfill has the
potential to damage the basin through leachate and
toxins. This could greatly affect the ability of the two
water districts to achieve the badly needed live stream
discharge.
8
Your 6 ratch
The Ju
'Vol. V, Number 27 Frld;
7'he Road to Blue Canyon
Riverside County
Officials Not Told
Of Landfill Plans
Although the proposed truck
route to the landllll the County
arant~ to construct at Blue
.2anyon ne~r Warner Springs
foes thmu~ 22 miles of
aeighbortng RivexMde County,
~fficia~ there have apparently
been kept in the dark during the
p~rtod l~lmg up to the releme
of environmental documents on
the zite earlier this year.
'They are a little bit ulmet, to
say the leaat, about San Diego
County not Informing them,'
said Rob Walker, who owns and
ope~tes the Sullahine $~mmlt
Grocery, about two miles from
the site. Walker said he has
been in contact with Riverside
County zupervisor Kay
Centce. r~. who~ district en-
g.,ace the area, a~ weft aa
le~de~ In the newly-incor-
porated city oi Temecula and
repre~entattve~ of the media in
the area, trying to line up allies
in the fight against the hndfllL
'Most of the people I wa~
speaking to in that area knew
nothing about it.* he said.
~ ior the landfill call for
heavy truckz to brU~ tra~ to
the site via Interstate 15 and
State Highway 79. Just south of
Tea~eeula and through the ~
commum//e~ of Aguanga. Oak
Grove and Sunshine SitmmiC
Olitclal estlmate~ say that as
many as twenty trucks each
hour will be m~ldng the trip.
cont/nued on pooe 6
have a.Uamc-
TemeauJa is Just boommg.'
Temeeula. with an estimated
population of Jtmt under 30,000,
incorporated in December of
1989 and Is now governed by a
Councfi member Sal Munoz said
that he and other council mem-
bern were unaware of San Diego
southern Riveraide
County until informed of it last
week by a member of the pre~.
'It ha~ a significant potential
tin?act on our community. and.
we'd sum like to t=lk to some-
body about it.' he ~atd.
John Rollin of the San Diego
County Department of Public
heanng~ during the ~lte ~elec-
tion proce~. said that no
hemlng~ were held in R!vemlde
County "because it's a San
Diego County project.' Copies of
the Environme~tal Impact
Report/Environmental Impact
Statement were sent to the
Rlver~de County Wa~te
Management Division and the
Chief ~,dm!nt~tl'ativ~ O~er, he
a right to travel on ,rate high-
.' He added that Ca!Trm~
determine whether the
volume of traffic would cause
any impact on the ro~d~ that
The Blue Canyon Protection
League. an orgzn~zqon of local
residerim oppo~d to the landfill
~lte. will be meeting each blon-
day up unt~ the March 26
public input d.~a!lne. Francis
Hemabet. who chaired last
Monday night'z meeting at
Spence~ Valley School in
Wynoia. said that the failure of
County officia~ to hold publ/e
hearings in the area of R!ver~de
traffic needs to be ad~
before plans for the land~l! can
proceed..
PA(~E 2 March 9, 1990 The Julian News
EDt/DR/AL
POLITICAL TRASH TRAVELS
Reasons for opposing the proposed Blue Canyon t~nd~ill near Warner
Springs are so numerous it is hard to know where to stnrt. From the mas-
sive, tWO-COUllty trallSpO~60!l booBdogg~ that th~ I.qnd611 would create,
to coucems over flooding, pollugon, the N~liv~ ~ i~ in the
area, possible interfmencc with neaFoy Palomar Observatory and a host of
a document rivaling the Cotmty*s own weighty Environmental Impact
Report.
Given this, coupled with the March 26 deadline for respouses to the
EIR, it is difficult to cscapo the conclusion dmt the County is determined to
go ahead at Blue Canyon despite the fac~. From a political perch the site is
exUemcly attractive. It lies outside the jurisdiction of both the Julian Plan-
ning Group and the Palomar Mountain Sponsor Group -- less dum all-
powerful bodies, to be sure, but mo~ re!~*esentation than the Wam~
Springs area possesses. Few tears would be shed among the large voting
blocks in north San Diego County should Blue Canyon be desecrated.
But J~li_n~ residents should be alarmed at the prospect. It would ruin the
primary route from the Los Angeles-Orange County area -- a source of
much tourist revenue. And even though the projected route goes duough
Tcmecula and not the Santa Ysabel. Lake Henshaw area, what guaran~.s
exist that ten or twenty years down the road those routes will not be
opaned as well? -
But back country residents will not be the only losers should the Blue
Canyon Lan&fill become a z~ility. As this newspaper has attempted to
point out before, dependence on fossil fuels is a risky business. Not only
does it make no sense to create one kind of poll~on (smog) in order to
contain another (u'ash), it is also foolish to hang forty yea.rs of planning on
the unpredictability of oil prices.
At present, according to the Department of Public Works, it costs thirty
cents to haul one ton of garbage one mile. Future ton-mile costs, however,
axe unpredictable. Forty years ago, gasoline cost less than a quarter a gal.
Ion at the pump.
To choose a dump site as far removed from the major sources of trash as
Blue Canyon is to place absolute faith in an industt~ with a record of un*
reliability. Siting a landfill in such a remote and under-represented area is
not only politically convenient, but riscally irresponsible as well
BLUE CANYON COMMENTS, PART
Where Will the Eagles Go?
by Robin Hewttt
Blue Canyon takes its head
amid the steep upper slopes of
the ,%qJauga Ridge. C.~iden
eagles nest along this ridge, and
Big-cone Douglas Fir forests in
the eanyon's upper reaches offer
suitable roost sites for bald
Henshaw area.
Further down-canyon,
~partan oak woodland and pure
stands of deer grass serve as a
lawrang arm for the reglon's
deer herds.
Sugarbush and Parry's
begin to appear aloag the banks
of Blue Canyon as it approaches
its Junction with San Luis Rey
in the Canada Aguanga. The
San Diego horned lizard and the
orange-throated whiptaft are
likely to make their home in the
open chaparral above the
streambed. Both species are
considered endangered by the
San Diego Herpetologlcal
The county'e proposal landfill
in Blue Canyon would obUtemte
all habitat on the landfill site. To
construct the landfill, the Blue
Canyon area would be stripped
of all vegetation. Soil would be
removed and the canyon
Landfill construction and
operation would certainly
pact endangered bald eagles.
Aside from the ouUight destruc-
tion of potential eagle habitat,
by intruding 1*dgh leve~
h!~mnn activity and noise into
the sensitive ,aguauga Ridge
area, the landffil project would
disrupt roosting activiUes in the
surrounding region as well.
Nesting and roosting activtUes of
golden eagles would be stmtlnrly
The County proposes to
mitigate this abaolute devesta-
tion of the pristine Blue Canyon
area by acquiring, for the
BLtreau of Land Management,
another parcel of land some-
where in the Beauty Mountain
location and resources of this
hypothetical parcel are not
specified, except for the blithe
asmu-ance that there will be a
public-benefitting land ex-
change.
Nice phrase: public-benefit-
~ Until you look behind the
petty words to see what they
In 1987, after completing its
evaluation of five Wilderness
stu~ ~ twa~), the BLM
recommended to Congress that
fume of the acreage in' the
Beauty Mountain area be awar-
ded Wilderness status. Of the
11,342 m in the Beauty
Mountain WSA, a// but 54 ~r~
Management practices in the
Beauty Mountain WS~ {such as
burning of native vegetation) are
~tm,-d prmmnly at increasing'
the amount of graze lancL Other
activities include ORV use,
hunting, and mintng--/ncim//r~
Not to worry, however. Al-
though the land which the
Count5, plans to acquire to
replace Blue Caayon will un-
doubtebly be burned for grazing
and ploughed up by dirt bikes,
or perhaps ~ bare/or a strip
scarcely be evident: ]fire the rest
of the s~ region, the
Beauty Mountain Wildemesh
Study Area wfil be ~slded from
view by the s~og and eshatrot
fumes from 5?0 diesel rigs per
day erawttug In and out of the
nearby Blue Canyon landfill-
Want your views to be heard?
Wxtte to Sharon Colton,.
Department of Planning and
Land Use, 5201 .l~.mn Road,
Ms San Diego, CA
Bm~u of ~ Man~-.ment,
400 South Far~ll Blvd., Suite
205, ~ $pnug~, CA 92262.
The deadline for public corn-
mere on tbe Dmf~ EIR/EI$ for
the propoecd North County
Cl~ Ill I~dfi!! ~ ~ 26.
The JuUan News
. hive'to dOl d i,,se t i'
-I ' I
I I
LOMl~lar ~d dlBO $15 C~lr (mdlm)S30~ I
,S,':VE-- E SACK .3.).'N
by protecting BLUE CANYON f'~orn becoming o~e of
Sat, Diego County~s lar_ue.st Landfill dump site.
TRAFFIC DANGERS ON HIGHWAY 7'9
Traffic FATALITIES could more friar, ~ou01e. * Uo to 1, 140 truck trips
per day, 7 ~ays a week, to carry ~ewage, sludpe and ~arage it, from the
coastal areas a~d deposit them ir~ ~.LUE CANYON. * Diesel fumes would
oroduce 2,760 ~our~os of SMOG-prc. ducir~g chemicals PER DAY.
WATER CONTAM!NAT(ON
This 'vital watershed area is located at the heaOwaters of the San Luis
Rey River'. * POLLUTION fr'c,r~ the ].andfill could corotamir, ate Lake
Herm-':.naw, the Warr~er Grc,,~r~d Basir~ a~,d the entire San Luis Rey River.
EARTHQUAKES
B!...bE E:AN¥ON is located i~ ar, area of high seismic activity, between 2
~aj,,:r EARFk~QUAKE FAULTS, the San Jacinto fault and the Elsir~ore fault.
The Lar, df'il.t itself wc, uld be located atop the Aquanga fault trace.
w.~.L.): .,.F~: IMPACTS
~.r,,.;=,cts t,-, enaar~gered Sc, utherr~ Bald Eagle. inciuoinq DESTRUCTION of
~oter~tial roost .sites. * DESTRUCTION of fawning habitat.
ACT I M MED I A T EL Y
APR 1 6 1990
To be cor~sidereo, comments must be in writing ar:d p,z, strnarked by M~H
~1~, ]990. Be sur'e to :(r, dicate that you are writir~g aoout BLUE CANYON
as a corrm~er,~ c,r~ th:.:? clratt E. I. R.-E. I.S. for the proposed Nort~ County
Class ilI Lar, c!fi!l. It is ih'~portar~t to ser~d co~ies of your letter to
BOTW addr'.esses:
SHARON COLTON
Deoartmer~t c,f Pianr~ir~g a..'~d Lar~d Use
5201 Ruffin Road, MS 0650
Sar~ Diegc,, California
RUSSELL KALDENBERG
Bureau of Land Management
400 South Farrell, Suite B-205
Palm Sorir, gs, California 92262
FOR MORE INFORMATION ARD DONATIONS (your hel~ is needed!!! !)
Please make cnecP. s payable to:
The Blue Canyon F-.'~-otectinr~ League, P.O. Box 3'99, Warr~er Sorir, gs, CA 92086
RoO Walker 782-3651 Susan Vasak 765-1965 Wendy Stephenson 782-0442
IMPORTANT MEETING
T'he San Diego County Department of Public Works will hold a Public
Meeting on THURSDAY, MARCH 15, 1990 a~ ?:00pro at WARNER SCHOOL.
2 April 1990
Dear Friends of the Backcountry,
The USDA Forest Service has announced that it will not con-
sider County plans for a land exchange or a landfill at Blue
Canyon. So long as the County has other viable alternatives
(and it clearly does), Mike Rogers, Supervisor of the Cleveland
National Forest, will not allow Forest Service land to become
a County landfill.
Hurray for our side! Now, it's also very important that we
~et the BLM to take a similar stance. So long as Blue Canyon re-
mains in federal ownership, the County cannot use it for a land-
fill.
Please, take a few minutes to write to the BLM urging them
to keep and to protect Blue Canyon. A letter in your own words
will carry more weight than hundreds of form letters, so rather
than offer a sample letter, we've just listed below the most im-
portant points for the BLM:
* BLM's Blue Canyon parcel is adjacent to the Cleveland National
Forest and is thus an integral part of a large, public lands
recreation and wildlife area.
* Blue Canyon is an important scenic resource with large oak
trees, deer grass meadows, and even a waterfall.
* In its present, natural state, Blue Canyon is part of an
important habitat area for eagles, owls, and other rare and
endangered animals in the vicinity of Lake Henshaw and the
Aguanga Ridge.
* Blue Canyon is an important habitat for game animals such
as deer and quail.
* The Aguanga Ridge area, which includes Blue Canyon, is an
important recreation area, popular with hikers, hunters,
and mountain bike enthusiasts.
Ask BLM to show good stewardship of our public lands by
keeping and protecting Blue Canyon the way it is--for the sake
of the animals who live there and for the people who come to
visit.
Write to Russell Kaldenberg, Area Manager Bureau of Land Management
Palm Springs-South Coast Resource Area
400 South Farrell Drive, Suite B-205
Palm Springs, CA 92262
For more information, contact Rob Na%ker ~t. 782-3651,
Larry Hendrickson at' 765-0385,_ Mar~ Engebretson.a~ 782-3780,
or Francis Hemsher at 765-1047... . ~o
..... The-Blue Canyon Protection League
The Effort to Sa /e Blue Canyon From Becoming
a Coun Ls ndfill Goes On
Thanks to everyone who contributed, we've been able to accomplish a great
deal in a vow short time.
Tasks Accomplished:
In-depth comment and critique of the draft EIR/EIS, including
- Photodocumentation cf a prevlou$!y unidentified water poilu,don threat from extensive
faulting within the proposed Blue C~nyon landfill $~te.
- Biological resources. A special Audobon Socie~ bird count identified addi:ion~l
sensitive species withln Blue CAnyon.
- Our analysis of County f~!es h-as idemified s~rlous inconsistencies and blazes in th~
siting process.
' Establish contact, with local, state, and federal agencies which are involved in
San Diego County's landfill siting process.
* On M~rch 17, Channel 8 'FV news did in-depth coverage of the Blue C~nyon
I~ndfill issue.
Good News! On March 29,.the US Forest Service a.r, nounced that as long as
the County h~ts other a, lternatives, it will not allow its portion of Blue Canyon to
be used for ~ landfill.
But There's Still Lots To Do:
Letter writing campaigns,
Prepare for the sppaals process.
* Msintain agency contacts.
Folio;v-up with the v,~rious permltting authorities.
FOR MORE INFORMATION AND DONATIONS (your help is still neededl'.!),
please m~tke checks payable to: THE BLUE CANYON PROTECTtOH LEAGUE,
P.O. Box 1823, Julian, CA 92036
Larry Hendrickson: 765-03.35
George Vetter: 782-3671
Francis Hemsher:765-1047
Susan Vaszk: 765-1965
SAVE THE BACKCOUNTRY! HELP KEEP BLUE CANYON F~OM BECOMING
ONE OF SAN DIEGO COUNTY'S LARGEST LANDFILLS.
SAVE THE BACK COUNTRY!
by protecting BLUE CANYON from becoming one of
San Diego County's largest landfill garbage durnt3s.
THE JULIAN AREA WILL BE AFFECTED!
TRAFFIC DANGERS ON HIGHWAY 79
Traffic FATALITIES c~_ j!d more than double. Up to 1,140 truck trips
per day, 7 days a week, to carry sewage, sludge and garbage in from
the coastal areas and deposit them in BLUE CANYON. Diesel fumes
would produce 2,760 pounds of SMOG-producing chemicals PER DAY.
WATER CONTAMINATION
This vital watershed area is located at the headwaters of the San Luis
Rey River. POLLUTION from the landfill could contaminate Lake Henshaw,
the Warner Groundwater Basin and the entire San Luis Rey River.
EARTHQUAKES
BLUE CANYON is located in an area of high seismic activity, between 2
major FAULT ZONES, the San Jacinto fault and the Elsinore fault. The
landfill itself would be located atop the Aguanga fault trace.
WILDLIFE IMPACTS
Impacts to endangered Southern Bald Eagle, including the DESTRUCTION
of potential roost sites. DESTRUCTION of fawning habitat. Precious, critical
wildlife and rare plant area unlike no other in San Diego County.
ACT IMMEDIATELY
To be considered, your comments must be in writing and postmarked by
MARCH 26, 1990. Be sure to indicate that you are writing about BLUE CANYON
as a public comment on the 'Draft E.I.R./E.I.S.' for the proposed North County
Class III Landfill. It is important to send copies of your letter to BOTH:
SHARON COLTON
Dept. of Planning & Land Use
5201 Ruffin Road, MS 0650
San Diego, CA
RUSSELL KALDENBERG
Bureau of Land Management
400 South Farrell, Suite B-205
Palm Springs, CA 92262
FOR MORE INFORMATION AND DONATIONS (your help is needed!!!!), please make
checks payable to: THE BLUE CANYON PROTECTION LEAGUE, P.O. Box 1823, Julian, CA 92036
Rob Walker: 782-3651 Susan Vasak: 765-1965 Wendy Stephenson: 782-0442
IMPORTANT !!! San Diego County of Public Works holds Public Meeting on THURSDAY
MARCH 15th, 1990 at 7:00 PM at WARNER SCHOOL, Warner Springs, Hwy. 79.
BE THERE!!!
PLEASE
HELP
SAVE
BLUE CANYON