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HomeMy WebLinkAbout030299 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 2, 1998- 7:00 P.M. 5:30 P.M. - Closed Session of the City Council and .Redevelopment Agency pursuant to Government Code Sections: Conference with real property negotiator pursuant.,:to' Government code Section 54956.8 concerning th'e acquisition of real property;!l~cate~:'at 2'8721 FrontStreet, Temecula. :(~PN "95;~073-017,. 922-046-022,: .and 922-073:i)24)::.' The negotiating parties are the Redevelopment .Agency of the City of Temecula and Cleveland Investment Company'. Under negotiation is the price and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. Conference with real property negotiator pursuant to .Government Code Section 54956.8 .concerning the acquisition and/or leasing of real property located at 28464 Front Street at the corner of Sixth Street, Temecula..The negotiating parties are the Redevelopment' Agency of the City of Temecula and Dual Development Company, Ed and Kathleen Dool. Under negotiation is the price and terms of payment to the real property interests proposed to be conveyed and/or acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. Conference with real property .negotiator pursuant to Government Code Section 54956.8 concerning the acquisition' and/or leasing of real property located at 42051 Main .Street (APN 922.036-020) The negotiating parties are the Redevelopment Agency of the City of Temecula and the Temecula Valley Chamber of Commerce. Under negotiation is the price and: terms of payment to the real property interests proposed to be conveyed and/or acquired. The Agency/City. negotiators are Shawn Nelson and James O'Grady. 4. Conference with City Attorney and legal counsel pursuant to Government code Section 54956.9(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following case will be discussed: Claim of Westside City II, LLC. R:~genda\030299 1 Conference with City'Attorney pursuant to Government Code Section 54956,9(b1 with. respect'ti) one matter of .potential litigation, With respect. to the matter, the City Attorney has determined :thata point has been reached where there is a significant exposure to litigation involving the City: and the.AgenCy based.on existingfactsand circumstances, Discussion of candidates for position of City' Manager pursuant to Government Code Section 54957. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 99-07 Resolution: No. 99-16 Vivian Tang Pastor Stanley Lubeck of Church on the Rock Councilman Lindemans Comerchero, Lindemans, Stone, Roberts, Ford PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Sheriff/Coroner Larry D. Smith Mediation Week Proclamation Joan Sparkman Day Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. R:~Agenda\030299 2 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, then (10) minutes will be devoted to these reports. 2 3 4 CONSENTCALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be Enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Adol3tion Procedure RECOMMENDATON: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution AI313rovin.cl List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Release Labor and Materials security for Public Iml3rovements in Parcel MaD No. 24085-3 (located northwesterly of the intersection of Diaz Road and Zevo Drive - Avenida de Ventas) RECOMMENDATION: 3.1 Authorize release of the Labor and Materials security for Public Improvements in Parcel Map No. 24085-3; 3.2 Direct the City Clerk to so advise the developer and surety. Release Labor and Materials security for Public Iml~rovements in Parcel MaD No. 28471-1 (located southwesterly of the intersection of Winchester Road and Zevo Drive) RECOMMENDATION: 4.1 Authorize release of Labor and Materials security for the public street, and water and sewer improvements; R:~Agenda\030299 3 5 7 8 4.2 Direct the City Clerk to so notify the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System within Tract No. 21067 (located northwesterly of the intersection of Pala Road at Loma Linda Road) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO, 99- A RESOLUTION OF THE CITY COUNCIL OF: THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 2'1067) Accept Public Improvements in Tract No. 21067 (located northwesterly of the intersection of Pala Road at Loma Linda Road) RECOM M E N DATION: 6.1 Accept the Public Improvements, including subdivision monumentation, in Tract No. 21067; 6.2 Authorize reduction in the Faithful Performance Securities to the ten percent (10%) warranty amount, release of the Subdivision Monumentation security, and initiation of the one-year warranty period; 6.3 Direct the City Clerk to so advise the developer and surety. Parcel Map No. 28657-1 (located at the northwest corner of Diaz Road and Remin.qton Avenue) RECOM MEN DATION: 7.1 Approve Parcel Map No. 28657-1, in conformance with the Conditions of Approval; 7.2 Approve the Subdivision Improvement Agreement; 7.3 Approve the Subdivision Monument Agreement and accept the Letters of Credit as security for the agreements. Elimination of Bookin.q Fees RECOMMENDATION: 8.1 Adopt a resolution entitled: R:Wgenda\030299 4 9 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA URGING RIVERSIDE COUNTY BOARD OF SUPERVISORS TO REPEAL THE IMPOSITION OF BOOKING FEES ON COUNTY CITIES Acquisition of Real Property from Campos Verdes, LLC for Construction of a Detention Basin for Lon.q Canyon Wash RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS, DATED AS OF MARCH 2, 1999, WITH COMMUNITIES SOUTHWEST, INC., FOR THE LONG CANYON WASH DETENTION BASIN RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:V~genda\030299 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 99-01 Resolution: No. CSD 99-04 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Ford, Lindemans, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. VVhen you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Authorization to Bid and Determination Of Cate.qorical Exemption for the Construction of the Santa Gertrudis Trail Under Crossin.cl at Winchester Road RECOMMENDATION: 1.1 Determine that the installation of the Santa Gertrudis Trail Under Crossing at Winchester Road is Categorically Exempt pursuant to Section 15301 (c) of the California Environmental Quality Act (CEQA) Guidelines; 1.2 Authorize the filing of a Notice of Exemption, with the appropriate filing fee, for the project with the County Clerk of Records Office; 1.3 Approve the construction documents and authorize the release of a formal public bid for the Santa Gertrudis Trail Under Crossing Project at Winchester Road. R:~Agenda\030299 6 2 Letter of Support to the Boys and Girls Club of Temecula Valley RECOMMENDATION: 2.1 Approve the letter supporting the Boys and Girls Club of Temecula Valley's effort to obtain a grant to expand their existing facility. DISTRICT BUSINESS 3 Naming of the Museum Facilitv RECOMMENDATION: 3.1 Approve a recommendation from the Community Services Commission to name the Museum Facility located on Mercedes Road in Old Town the Temecula Valley Museum. 4 Creation of a Sports Park Subcommittee RECOMMENDATION: 4.1 Create an ad hoc Sports Park Subcommittee of the Board of Directors to study the feasibility of developing a sports complex; 4.2 Appoint two Board members to serve on the Sports Park Subcommittee. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: March 23, 1999, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~genda\030299 7 TEMECULA~ REDEVEL'OPMENT~AGENCY·MEETING· '.:!~!ii;'i i'F!¥= '.' ""' ..=~: .;= · '.'=" ':.?~;i;:: · .... :' · ': ...,!::::. ..:.~i~: ...... ':.~i'~!!~::... : ....1:!: . .' :' :"""': ' ... :.: Y!' "': :..;':F.; ... :.. ' ' .' · . . . . "" · ,,, .' ..'..~,~:. =~.:...' ...... . . . .= =. ........... · .. ==.= . '... ....... · :. ,, **** **,v~, **, **~**** ,~ ,~ ,~ ~, ~'~'~ ***~ ~ ~***** ~ *** ~,,,, ·, * ***, ~'~'~ *,,, ~ ~ ;~,, ~*',~ ~ ~ * **, *** **, ** **~ ~ "· . .= .... '====.c,"=..~ ~=.;.:.="= "". ..=.~.=,=.= ......~ =~=~ ':'...' ·'........:=;.:?' ~"=.' .......:'~ .......;.'. . ·"' . Next in Order: Ordinance: No. RDA 99-01 Resolution: No. RDA 99-03 CALL TO ORDER: Chairperson Karel Lindemans presiding ROLL CALL AGENCY MEMBERS: Comerchero, Ford, Roberrs, Stone, Lindemans PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Sale of Prol3erty at 27500 Jefferson Avenue to Richardson RV, Inc. pursuant to the 1994 Lease OI3tion A.qreement RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS, DATED AS OF MARCH 2, 1999, RELATING TO THE REAL PROPERTY AT 27500 JEFFERSON AVENUE WITHIN REDEVELOPMENT PROJECT NO. 1-1988 R:~genda\030299 8 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: March 23, 1999, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\030299 9 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 10 Plannin.cl Commission Appointment RECOMMENDATION: 10. 1 Appoint one applicant to serve an unexpired term which will expire June 4, 2000. 11 Winchester Road Median Island west of Jefferson Avenue - Proiect No. PW97-21 RECOMMENDATION: 11.1 Consider and discuss the construction and installation of a median island on Winchester Road west of Jefferson Avenue - Project No. PW97-21 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: March 23, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~,genda\030299 10 PROCLAMATIONS AND PRESENTATIONS c~.,(..) -,-, '~"~ c.~,.c:: o o 0 -,--, o ITEM 1 ITEM 2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $449,707.58. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 2nd day of March, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos 99- STATE Of CALIFORNIA) COUNTY Of RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 99- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 2nd day of March, 1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos 99- CITY OF TEMECULA LIST OF DEMANDS 02/18/99 TOTAL CHECK RUN: 03/02/99 TOTAL CHECK RUN: 02/18/99 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 03102199 COUNCIL MEETING: DISBURSEMENTS BY FUND: C~-IECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COIVNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: PREPARE Y JADA '~ONKE OU ING ASSISTANT IG ' D ~ /"' E I ~EPARE Y~2 SHAWN NELSON, ACTING CITY MANAGER 118,923.80 2,212.39 21,440.43 507.54 2.50 2,025.97 26.00 118,162.96 7,637.12 6,736.66 4,279.65 7,441.28 544.24 116,506.35 3,493.68 25,712.61 68.21 171.82 2,139.91 960.23 1,514.51 689.44 3,164.48 1,444.40 3,602.40 . HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. 100,599.24 189,640.30 159,468.04 449.707.58 290,239.54 159,468.04 449,707.58 VOUCHRE2 02/18/99 17:18 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 |NSURANCE FUND AMOUNT 63,266.69 1,608.25 1,679.00 112,962.96 5,040.33 5,083.07 TOTAL 189,640.30 VOUCHRE2 02/18/99 VOUCHER/ CHECK NUMBER 54267 54268 54269 54270 54271 54271 54271 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54272 54273 54273 17:18 CHECK DATE 0]/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 0]/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 0]/02/99 03/02/99 0]/02/99 03/02/99 03/02/99 03/02/99 0]/02/99 0]/02/99 03/02/99 03/02/99 03/02/99 03/02/99 03/02/99 VENDOR NUMBER 001916 002984 000164 001091 002993 002993 002993 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 003149 003149 VENDOR NAME ALBERT A. WEBB ASSOCIAT B I TRAN SYSTEMS, INC. ESGIL CORPORATION KEYSER MARSTON ASSOCIAT PARSONS, BRINCKERHOFF, PARSONS, BRINCKERHOFF, PARSONS, BRINCKERHOFF, RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS TERRA-CAL CONSTRUCTION, TERRA-CAL CONSTRUCTION, CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION DEC PROF SVC:RC/I15 RAMP IMPRV DESIGN COMMUNICATION SOFTWARE JAN PLAN CHECK SERVICES DEC CONSULT SVCS:MRKT ANALYSIS JAN PROF SVCS:I15 OFF-RAMP@R.C JAN PROF SVCS:I15 OFF-RAMP@WIN CREDIT:INSUFFICIENT BACK-UP JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES JAN 99 LEGAL SERVICES DEC PRGS PMT#8:WINCH.CREEK PRK RET.W/H PMT#8:WINCH. CREEK PRK ACCOUNT NUMBER 210-165-601-5801 210-165-640-5804 001-162-999-5248 001-111-999-5248 210-165-605-5802 210-165-697-5802 210-165-697-5802 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 190-180-999-5246 001-1280 001-130-999-5246 001-130-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 001-1280 001-1280 300-199-999-5246 001-130-999-5246 210-165-631-5801 280-199-999-5246 165-199-999-5246 165-199-999-5246 280-199-999-5246 001-130-999-5246 210-190-149-5804 210-2035 ITEM AMOUNT 13,714.69 40,000.00 24,775.41 7,716,88 31,585.19 21,232.43 29.25- 11,544.21 54.00 3,390.75 5,016.00 1,679.00 1,950,00 1,106.04 521.50 429.00 2,798.52 1,497.80 1,930.10 3,878.50 357.75 1,361.50 514.50 3,741.33 204.00 1,404.25 1,299.00 21.80 6,606.00 660.60- PAGE 1 CHECK AMOUNT 13,714.69 40,000.00 24,775.41 7,716.88 52,788.37 44,699.55 5,945.40 TOTAL CHECKS 189,640.30 VOUCHRE2 02/18/99 17:05 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FAC]LITIES AMOUNT 55,657.11 604.14 19,761.43 507.54 2.50 2,025.97 25.00 5,200.00 2,596.79 1,653.59 4,279.65 7,441.28 844.24 TOTAL 100,599.24 VOUCHRE2 02/18/99 VOUCHER/ CHECK NUMBER 53936 54196 5~203 54204 54205 54206 54207 54208 54209 54209 54209 54210 54210 54211 54211 54212 54212 54212 54212 54212 54212 54212 54213 54214 54215 54216 54217 54217 54217 54217 54217 54217 54217 54218 17:05 CHECK DATE 02/12/99 02/17/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 VENDOR VENDOR NUMBER NAME 003548 SKY CANYON ENTERPRISES, 001256 MARRIOTT HOTEL 001947 AMERIGAS 002541 BECKER, WALTER KARL 00237'/ BEST BUY COMPANY, INC. BOGGS, MYRNA 000586 BOOK PUBLISHING COMPANY CALF. LUTHERAN HIGH SCH 000638 CALIFORNIA DEPT/CONSERV 000638 CALIFORNIA DEPT/CONSERV 000638 CALIFORNIA DEPT/CONSERV 000131 CARL WARREN & CO., INC. 000131 CARL WARREN & CO., INC. 003498 CHORAL BELLS 003498 CHORAL BELLS 003252 CONTRACT SERVICES CORP. 003252 CONTRACT SERVICES CORP. 003252 CONTRACT SERVICES CORP. 003252 CONTRACT SERVICES CORP. 003252 CONTRACT SERVICES CORP. 003252 CONTRACT SERVICES CORP. 003252 CONTRACT SERVICES CORP. 003451 CROWNE PLAZA HOTEL, THE 003451 CROWNE PLATJ~ HOTEL, THE 002106 DA FAMILY SUPPORT 003317 DOMENOE, CHERYL 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 003572 EAGLE AERIAL PHOTOGRAPH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION FEB-MAR 19991'-LN~GARRENT HTL:CPRS:HP/PR/TH/LM/JN:2/17 PROPANE FUEL FOR CITY VEHICLES PROF. ENGINEERING SVCS COMPUTER LOAN PROGRAM:P.ZUNA REFUND: BALLROOM DANCE BUS.LICENSE WEB PUBLISHING REFUND: SECURITY DEPOSIT 4TH QTR PMT OF STRONG MOTION 4TH QTR PMT OF STRONG MOTION 4TH QTR PMT OF STRONG MOTION MULTIPLE CLAIMS:l/25/99 MULTIPLE CLAIMS:2/01/99 ENTERTA[NMENT:OT HOL1DAY:12/06 ENTERTAINMENT:OT HOLIDAY:12/20 JAN RESTROOM MAINT SUPP. C.HAL JAN RESTROOM MAINT.SUPP,SR CTR JAN RESTROOM MAINT. SUPPLIES JAN RESTROOM NAINT SUPPLIES PK JAN RESTROOM MAINT SUPP,M,FAC. JAN RESTROOM MAINT SUPP, CRC JAN RESTROOM MAINT SUPP, TCC HTL:APA CF:HOGAN:4/24-28/99 HTL:APA CF:GUERRIERO:4/24-28 002106 SUPPORT COMPUTER LOAN PRGM:C.DOMENOE TEMP HELP (2)W/~ 1/29 MILES TEMP HELP (2)W/E 1/29 MILES TEMP HELP (2)W/E 1/29 MILES TEMP HELP (2)W/E 1/29 HUOSON TEMP HELP(2)W/E 1/15 THORNSLEY TEMP HELP(2)W/E 1/29 THORNSLEY TEMP HELP (2)W/E 1/290EGANGE LIC.AGRMT:AERIAL PHOTO SFTWARE ACCOUNT NUMBER 190-185-999-5250 190-1990 001-162-999-5263 001-164-601-5402 001-1175 190-183-4982 320-199-999-5211 190-2900 001-2280 001-2290 001-162-4229 300-199-999-5205 300-199-999-5205 280-199-999-5362 280-199-999-5362 340-199-701-5212 190-181-999-5212 001-164-603-5218 190-180-999-5212 340-199-702-5212 190-182-999-5212 190-184-999-5212 001-161-999-5258 001-161-999-5272 190-2140 001-1175 001-163-999-5118 001-165-999-5118 001-164-604-5118 001-163-999-5118 001-161-999-5118 001-161-999-5118 001-161-999-5118 001-163-999-5249 ITEM AMOUNT 1,494.00 1,201.03 70.44 4,950.00 1,332.74 15.00 1,218.44 100,00 1,988.93 3,582.86 278.59' 863.00 694.00 300.00 300.00 22~.20 78.19 94.42 212.18 45.74 158.97 113.21 610.37 610.37 82.50 2,000.00 281.94 281.94 281.94 1,161.28 1,785.67 2,651.11 2,858.40 3,791.25 PAGE 1 CHECK AMOUNT 1,494.00 1,201.03 70.44 4,950.00 1,332.74 15.00 1,218.44 100.00 5,293.20 1,557.00 600.00 925.91 610.37 610.37 82.50 2,000.00 9,302.28 VOUCHRE2 02/18/99 VOUCHER/ CHECK NUMBER 54218 54219 54220 54220 54220 54220 54221 54222 54222 54222 54222 54223 54223 54224 54224 54224 54225 54225 54226 54226 54226 54226 54227 54227 54227 54228 54229 54230 54231 54232 54233 54234 54235 17:05 CHECK DATE 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 VENDOR VENDOR NUMBER NAME 003572 EAGLE AERIAL PHOTOGRAPH 001056 EXCEL LANDSCAPE 000165 FEDERAL EXPRESS, INC. 000165 FEDERAL EXPRESS~ INC, 000165 FEDERAL EXPRESS, INC, 000165 FEDERAL EXPRESS, INC, 000166 FIRST AMERICAN TITLE CO 000184 G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 001355 G T E CALIFORNIA~ INC. 001355 G T E CALIFORNIA, INC. 000351 GILLISS, MAX C.M. 000351 GILLISS, MAX C.N, 000351 GILLISS, MAX C.M. 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000194 I C N A RETIREMENT TRUS 000194 I C M A RETIREMENT TRUS 000194 I C M A RETIREMENT TRUS 000194 I C M A RETIREMENT TRUS 001910 IKON OFFICE SOLUTIONS, 001910 IKON OFFICE SOLUTIONS, 001910 IKON OFFICE SOLUTIONS, 003183 INSTITUTE OF TRAFFIC EN 000199 INTERNAL REVENUE SERV[C 001186 IRWIN, JOHN JABLONSKIo LINDA KITTLE, BRANDIE 003469 LABAHN# PETER A. 003605 LAKE ELSINORE STORM 003602 LAW ADVISORY GROUP, INC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CREDIT:FRT CHARGES:INV#10628 IRRIGATION REPAIRS:MARG/RUSTIC EXPRESS NAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES LOT BOOK REPORT/MARTINEZ FEB:909-506-1941:PTA CD TTACSD JAN:909-699-O590:PTA ALARM LN JAN:909-699-1370:SVC FOR COP FEB:909-699-2811:GENERAL USAGE JAN ACCESS-RVSD CO. OPEN LINE JAN ACCESS-RVSD CO. OPEN LINE JAN CONSULTING SERVICES JAN CONSULTING SERVICES JAN:PROF,SVCS:PALA RD BRIDGE JAN:MISC. OFFICE SUPPLIES JAN:MISC. OFFICE SUPPLIES 000194 DEF CQMP 000194 DEF COMP 000194 DEF CONP 000194 DEF CONP FAX TONER FOR FINANCE FREIGHT SALES TAX ITE 1999 MEMBERSHIP:J,GONZALEZ 000199 IRS GARN TCSD INSTRUCTOR EARNINGS REFUND: HAWAIIAN DANCE (BEG.) REFUND:KINDERGYM/TODDLER REIMBURSE:ROD RUN:2/13-14/99 DEPOSIT:"NIGHT AT STORM GAME" TRAINING SEM:GOSS/HAAR/POTTER ACCOUNT NUMBER 001-163-999-5249 193-180-999-5212 001-162-999-5230 320-199-999-5230 001-100-999-5230 001-165-999-5230 165-199-813-5804 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-110-999-5248 001-164-604-5248 210-165-631-5801 330-199-999-5220 001-120-999-5220 001-2080 165-2080 190-2080 280-2080 330-199-999-5217 330-199-999-5217 330-199-999-5217 001-164-602-5226 001-2140 190-183-999-5330 190-183-4982 190-183-4982 001-170-999-5235 001-150-999-5265 001-170-999-5261 ITEM AMOUNT 20,00- 349.59 41.75 12.50 23.00 12.50 150.00 56.06 57.65 216.01 1,293.21 320.00 320.00 500.00 500.00 5,000.00 101.72 180.99 1,576.86 18.75 100.00 6.25 186.00 3.95 14.42 230.00 295.77 972.00 25.00 30.00 141.06 35.00 357.00 PAGE 2 CHECK AMOUNT 3,771.25 349.59 89.75 150.00 1,622.93 640.00 6,000.00 282.71 1,701.86 204.37 230.00 295.77 972.00 25.00 30,00 141.06 35.00 357.00 VOUCHRE2 02/18/99 VOUCHER/ CHECK NUMBER 54236 54237 54238 54238 54238 54238 54239 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54240 54242 54243 54244 54245 54245 54245 54245 54245 54245 54245 54245 54245 54245 54245 54245 54245 54245 54245 17:05 CHECK DATE 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 VENDOR NUMBER 001142 002105 002105 002105 002105 001958 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 002185 000254 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 VENDOR NAME LONG, TIM MARKHAM & ASSOCIATES OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE PERS LONG TERM CARE PRO PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH POSTMASTER - TEMECULA PRESS-ENTERPRISE COMPAN PROCUREMENT-PUBLICATION RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA ~ATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND:ENG. DEPOSIT:LD98-OO9GR CONSULTING SVCS:TEM.STAGE STOP CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT 001958 PERS L-T PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT P.O. BOX 9033 RENEWAL FEE '99 PUBLIC NOTICE:CITY HALL LEGAL SOURCE BOOK FOR P.D. JAN:O1-O8-O5837-6:C,CHRISTINA JAN:O1-O6-Z6305-O:O.T.FRONT ST JAN:O1-O6-30205-O:6TH ST LSCP. JAN:O1-O6-30206-O:6TH ST LSCP. JAN:Ol-O6-55015-O:O.T.FRONT ST JAN:O1-O6-84860-5:PUJOL STREET JAN:O1-O2-98000-O:PAUBA RD DC JAN:O1-O2-98010-O:PAUBA RD JAN:VARIOUS METERS JAN:VARIOUS METERS JAN:VARIOUS METERS JAN:VARIOUS METERS JAN:VAR]OUS METERS JAN:VARIOUS METERS JAN:VARIOUS METERS ACCOUNT NUMBER 001-2670 280-199-999-5250 001-163-999-5214 001-163-999-5214 001-163-999-5214 001-110-999-5214 001-2122 001-100-999-5260 001-111-999-5220 001-150-999-5265 001-161-999-5220 001-161-999-5261 001-161-999-5260 001-161-999-5262 001-162-999-5260 001-162-999-5261 001-165-999-5261 001-164-604-5220 001-171-999-5242 001-171-999-5261 190-183-999-5320 190-180-999-5260 190-183-999-5370 001-1990 190-1990 330-199-999-5230 001-120-999-5256 001-170-999-5242 165-199-999-5449 001-164-603-5240 001-164-603-5240 001-164-603-5240 001-164-603-5240 280-199-807-5801 001-171-999-5240 001-171-999-5240 190-180-999-5240 190-181-999-5240 190-182-999-5240 190-184-999-5240 191-180-999-5240 193-180-999-5240 340-199-701-5240 ITEM AMOUNT 995.00 1,806.15 375.00 144.08 96.92 21.23 73.84 10.90 25.27 5.69 21.54 42.08 59.28 10.40 8.14 7.18 1.50 45.24 35.25 15.00 17.11 66.91 6.00 42.00 27.82 550.00 28.75 103.60 33.45 69.64 46.36 32.28 35.34 43.48 9.96 103.90 3,317.65 93.15 541.19 166.29 133.32 1,643.20 338.70 PAGE 3 CHECK AMOUNT 995.00 1,806.15 637.23 73.84 447.31 550.00 28.75 103.60 VOUCHRE2 02/18/99 VOUCHER/ CHECK NUMBER 54245 54246 54246 54247 54248 54249 54250 54251 54251 54251 54251 54251 54251 54251 54251 54252 54253 54254 54255 54255 54255 54255 54255 54255 54255 54256 54257 54257 54257 54258 54259 54259 54259 54259 54259 54259 54259 17:05 CHECK DATE 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 VENDOR NUMBER 000262 003604 003604 000955 000271 002226 003477 000537 000537 000537 000537 000537 000537 000537 000537 000752 000574 003603 003603 003603 003603 003603 003603 003603 003140 003140 003140 003598 001065 001065 001065 001065 001065 001065 001065 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER RANCHO CALIFORNIA WATER JAN:VARIOUS METERS REBEL TOURS REBEL TOURS AIR:SISTER CITY-VOORBURG:4/99 AIR:SISTER CITY-VOORBURG:4/99 RIVERSIDE CO. SHERIFF-B NOV BIKE PATROL ROBERT BEIN, ~ FROST & DEC ENG.SVCS:WINCHESTER MEDIAN RUSSO, MARY ANNE TCSD INSTRUCTOR EARNINGS SMITH, BARBARA COMPUTER LOAN PROGRAM:B.SMITH SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN SOUTHERN CALIF EDISON CALIF EDISON CALIF EDISON CALIF EDISON CALIF EDISON CALIF EDISON CALIF EDISON CALIF EDISON FEB:2-17-214-O428:MEADOWS PKWY FEB:2-17-O38-O802:MARG.P-15 FEB:2-10-331-1353:PAUBA RD FEB:2-17-991-4981:C.CHRISTINA FEB:2-OO-397-5059:COMM SVC UTL FEB:2-O2-351-5281:CRC FEB:2-18-348-6315:MARG. TC1 FEB:2-10-901-7962:YUKON TC1 STAYNER, DEENA REFUND: YOGA FOR WELLNESS STONE, JEFFREY E. REIMB:FIELD OF DREAMS PRJ:I/09 SUPERTONER LASER PRINTER MAINTENANCE TEMECULA ONE PROPERTIES TEMECULA ONE PROPERTIES TEMECULA ONE PROPERTIES TEMECULA ONE PROPERTIES TEMECULA ONE PROPERTIES TEMECULA ONE PROPERTIES TEMECULA ONE PROPERTIES REFUND:WITHDRAWAL PA98-0157 REFUND:WITHDRAWAL PA98-0157 REFUND:WITHDRAWAL PA98-0157 REFUND:WITHDRAWAL PA98-0157 REFUND:WITHDRAWAL PA98-0157 REFUND:~ITHDRAWAL PA98-0157 REFUND:WITHDRAWAL PA98-0157 TEMECULA VALLEY BAPTIST REFUND: SECURITY DEPOSIT TEMECULA VALLEY TAEKWON TEMECULA VALLEY TAEKWON TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TEMECULA VINTAGE SINGER FY 98-99 CSF PROGRAM AWARD U S C M/PEBSCO (DEF. C 001065 DEF COMP U S C M/PEBSCO (DEF. C 001065 DEF COMP U S C N/PEBSCO (DEF. C 001065 DEF CQNP U S C M/PEBSCO (DEF. C 001065 DEF COMP U S C M/PEBSCO (DEF. C 001065 DEF COMP U S C M/PEBSCO (DEF. C 001065 DEF CONP U S C M/PEBSCO (DEF. C 001065 DEF COMP 190-185-999-5240 001-1270 001-1270 001-170-999-5326 210-165-686-5802 190-183-999-5330 001-1175 191-180-999-5319 190-180-999-5240 001-171-999-5240 165-199-999-5449 190-180-999-5240 190-182-999-5240 191-180-999-5319 191-180-999-5319 190-183-4982 001-100-999-5258 320-199-999-5215 001-161-4119 001-163-4119 001-161-4129 001-163-4129 001-163-4388 001-171-4036 001-2660 190-2900 190-183-999-5330 190-183-999-5330 190-183-999-5330 001-101-999-5267 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 ITEM AMOUNT 59,34 1,551.00 4,136.00 1,238.49 200.00 784.00 2,000.00 152.56 63.32 774.85 13.55 3,448.11 3,746.87 83.81 137.85 42.00 65.49 116.37 1,526.00 434.40 231.20 18.00 47.60 344.00 100.00 100.00 20.00 60.00 156.00 1,000,00 7,048.65 210.23 1,615.91 2.50 33.18 25,00 85.23 PAGE 4 CHECK AMOUNT 6,667.25 5,687.00 1,238.49 200.00 784.00 2,000.00 8,420.92 42.00 65.49 116.37 2,701.20 100.00 236.00 1,000.00 VOUCHRE2 02/18/99 VOUCHER/ CHECK NUMBER 17:05 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 54259 02/18/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 54259 02/18/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 54259 02/18/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 54260 54260 54260 54260 54260 54260 54260 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 02/18/99 54261 54261 54261 54261 54261 54261 54261 54261 000389 000389 000389 000389 000389 000389 000389 000325 000325 000325 000325 000325 000325 000325 000325 000325 000345 000345 000345 000345 000345 54262 USC USC USC USC USC USC USC M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR UNITED ~AY UNITED WAY UNITED ~AY UNITED ~AY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY VARGAS, ZAHEDA XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI 54263 54264 54264 54264 54264 54264 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW U.W.LUNCHEON:2/19:MC/MH/GF/RH REFUND: HAWAIIAN DANCE JAN LEASE PMT:TCC COPIER JAN LEASE PMT:5100A COPIER JAN LEASE PMT:5100A COPIER JAN POOLED MAINT/SUPPLIES JAN POOLED MAINT/SUPPL[ES ACCOUNT NUMBER 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 280-2160 320-2160 330-2160 340-2160 001-2120 165-2120 190-2120 280-2120 300-2120 320-2120 330-2120 340-2120 001-150-999-5265 190-183-4982 190-184-999-5239 330-2800 330-199-999-5391 330-199-999-5217 190-184-999-5239 ITEM AMOUNT 96.34 642.16 158.34 384.66 174.41 617.60 54.43 23.40 40.02 76.26 224.90 3.75 19.00 1.25 .25 3.85 5.00 2.00 137.50 30.00 67.08 1,723.94 396.09 4,420.14 114.00 PAGE 5 CHECK AMOUNT 9,917.54 1,370.78 260.00 137.50 30.00 6,721.25 TOTAL CHECKS 100,599.24 ITEM 3 CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED B,~ CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Acting Director of Public Works/City Engineer March 2, 1999 Release Labor and Materials secudty for Public Improvements in Parcel Map No. 24085-3 (Located Northwesterly of the Intersection of Diaz Road and Zevo Drive - Avenida de Ventas) Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. AUTHORIZE release of the Labor and Materials secudty for Public Improvements in Parcel Map No. 24085-3. 2. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On December 16, 1997, the City Council approved Parcel Map No. 24085-3 and entered into subdivision improvement agreement with: Westside City 1 LLC, a California Limited Liability Company for the improvement of streets and drainage, and subdivision monumentation. Accompanying the agreement were cash deposits as follows: In the amount of $99,567 for Faithful Performance for street and drainage improvements. In the amount of $64,438 for Labor and Materials for street and drainage improvements. In the amount of $3,000 for subdivision monumentation. On August 11, 1998, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction in Faithful Performance amount as follows: Cash deposit In the amount of $63,232 for Faithful Performance Warranty Purposes The remaining Faithful Performance warranty amount for street and drainage improvements was cash deposit in the amount of $36,335. - 1 - r: \agd rpt\99\O302\pm 240853. I&m On September 8, 1998, the City Council accepted substitute securities for the retained cash deposits. Letters of Credit were posted by Temecula Valley Bank as follows: Letter of Credit No. 00010 for Faithful Performance in the amount of $36,335. Letter of Credit No. 00011 for Labor and Materials in the amount of $64,438. The developer is required to post security for labor and materials to assure payment to suppliers of those services/materials. The contractual six-month lien period following City Council acceptance of the improvements has expired. No claims having been made, Staff recommends release of the following security: Letter of Credit No. 00011 in the amount of $64,438 for Labor and Materials for street and drainage improvements. The subdivision monumentation will be reviewed and approved by Public Works Staff and recommended for release of security when appropriate. The streets within this phase of development were accepted into the City Maintained-Street System by Resolution No. 98-80 on August 11, 1998. The streets accepted were portions of Remington Avenue and Diaz Road. FISCAL IMPACT: ATTACHMENT: None, Location Map -2- r:\agdrpt\99\O302\pm240853.1&m vlmm. rlllp Parcel Map No. 240854 Location Map NOTE: MAPS NOT TO SCAI ,E ITEM 4 APPROVAL ;.~ CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER , CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council .,1~./~ William G. Hughes, Acting Director of Public Works/City Engineer March 2, 1999 SUBJECT: Release Labor and Materials secudty for Public Improvements in Parcel Map No. 28471-1 (Located Southwesterly of the Intersection of Winchester Road and Zevo Drive PREPARED Y'~A BY: Ronald J. Parks, Deputy Director of Public Works Ibert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: AUTHORIZE release of the Labor and Materials security for the public street, and water and sewer improvements. 2. DIRECT the City Clerk to so notify the Developer and Surety. BACKGROUND: The City Council approved Parcel Map No. 28471-1 on August 12, 1997, and entered into Subdivision Improvement Agreement with: Westside Business Centre, LLC P.O. Box 460160 Escondido, CA 92046 for the improvement of streets, sewer and water systems, and subdivision monumentation. Accompanying the agreement were cash deposits as follows: In the amount of $89,000 inclusive for Faithful Performance and Labor and Materials. In the amount of $89,000 for Maintenance Retention (Faithful Performance Warranty) including sewer and water. In the amount of $3,000 for the installation of subdivision monumentation. -1- r:\agdrpt\99\0302\pm284711 .l&m On June 16, 1998, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized release of the Subdivision Monumentation cash deposit and the Faithful Performance portion of the combined purpose Faithful Performance and Labor and Matedal cash deposit as follows: Cash deposit in the amount of one-half of the combined security = $44,500 The remaining portion of this combined purpose cash deposit was retained as secudty for labor and materials claims for the contractual six-month lien period. On July 15, 1998, the developer submitted an Irrevocable Letter of Credit (Scripps Bank No. 04-49F) in the amount of $44,500 in substitute for the cash deposit. As no claims have been made for labor and/or materials, Staff recommends release of the remaining secudty as follows: Scripps Bank Irrevocable Letter of Credit No. 04-49F in the amount of $44,500 for Labor and Materials. The public streets within this subdivision, Bostik Court portions of Winchester Road and Zevo Drive, will acceptance at a later date. (formerly Springfield Circle), Colt Court, and be recommended to the City Council for FISCAL IMPACT: ATTACHMENT: None Location Map -2- r:\agdrpt\99\O302\pm284711 .l&m ANO P VICINITY MAP 19 20 2I 26 9 ~ 24 2~ · 2~ 27 28 2~ 30 3~ ~0 Ptt 24086.1 PARCEL 3 PARCEL I 1~ ~ PII EI~Ba PII 1Bz/18-2~ 32 38 34 38 ~ 2 48 PM '155/85-68 PARCET, MAP NO. ?,8471-1 Locntion NOTR: MAPS NOT TO $;CAI,E ITEM 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council /~William G. Hughes, Acting Director of Public Works/City Engineer March 2, 1999 Acceptance of Public Streets into the City-Maintained Street System (Within Tract No 21067) (Located nodhwestedy of intersection of Pala Road at Loma Linda Road) PREPARED BY:,,~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21067) BACKGROUND: The City Council approved Tract No. 21067 on June 25, 1991, and entered into Subdivision Improvement Agreement for construction of street and drainage, and water system improvements with Bedford Development Company, a California Corporation. The City Council accepted the public improvements for this tract on March 2, 1999, and initiated the one-year warranty period. The public streets now being accepted are Trotsdale Avenue, Rein Court, and portions of Murfield Drive, and Canterfield Drive within the residential area. Portions of relocated Canterfield Drive and Temecu Lane within the Pala Community Park area of this tract will not be accepted at this time. FISCALIMPACT: ATTACHMENT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Resolution No. 99- with Exhibits "A" and "B", inclusive. 1 RAA GDRP T~99~O302~TR21067. MS T. D 0 C RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21067) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City of Temecula accepted offer of dedication of certain lots for street and public utility purposes made by Kingsway Construction Corporation, California Corporation, with the recordation of Tract Map No. 21067; and, WHEREAS, The City of Temecula accepted the improvements within Tract No. 21067 on March 2, 1999. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System those streets or portions of streets offered to and accepted by the City of Temecula, (excepting those portions of streets which have been realigned within the parksite area ), located within Tract No. 21067, described in Exhibits "A" and "B' attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 2nd of March, 1999. Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 2nd day of March, 1999, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS Susan W. Jones, CMC, City Clerk R:~GDRPT~99~O302~TR21067. MST. DOC EXHIBIT "A" TO RESOLUTION NO. 99__ Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 21067, but not those relocated as City requirements, and accepting subject public streets into the City-Maintained Street System as described below: Those lots described as Lots "B", "C", "E", and "F" , as shown on Tract Map No. 21067, filed 3 May 1991, in Book 231 of Maps, Pgs 41-48 Incl., further described as follows: Lot "B" Lot "C" Lot "E" Lot "F" Trotsdale Drive Portion of Canterfield Drive Rein Court Portion of Murfield Drive NOTE: A. Those lots described as Lots "D" and "H" as shown on Tract Map No. 21067, filed 3 May 1991, in Book 231 of Maps. Pgs 41-46 Incl., were vacated by City Council Resolution No. 95-71 on 22 August 1995. New alignments and descriptions will be accepted later. B. Lots "A" and "G" were dedicated and accepted for street ,drainage, and public utility purposes but essentially contain the "Jedediah Smith Road"Channel and related improvements and will not be accepted into the City-Maintained Street System. 3 R:~GDRP~99%O302~,TR21067. MST. DOC / EXHIBIT "B" TO RESOLUTION NO. 99- SUBJECT ACCEPTANCE-PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: STRIP ~ ~* LOT \ FO sr1~ VICINITY MAP To II LOT 89 ~3 4 e PCL. X ^5 Z - m. LECEND STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED-STREET SYSTEM NOTE: MAPS NOT TO SCALE ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR Of FINANC CItY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council William G. Hughes, Acting Director of Public Works/City Engineer March 2, 1999 SUBJECT: Accept Public Improvements in Tract No. 21067. (Northwesterly of intersection of Pala Road at Loma Linda Road) PREPARED BY:~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. ACCEPT the Public Improvements, including subdivision monumentation, in Tract No. 21067. AUTHORIZE reduction in the Faithful Performance Securities to the ten-percent (10%) warranty amount, release of the Subdivision Monumentation security, and initiation of the one-year warranty pedod. 3. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On September 18, 1991, the City Council approved Tract Map No. 21067, and entered into Subdivision Agreement with: Kingsway Construction Corporation 2650 Camino Del Rio North San Diego, CA 92108 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the Subdivision Agreement were surety bonds issued by Insurance Company of the West as follows: = Bond No. 117 85 65 in the amount of $1,571,500 ($1,255,500, $149,500, and $166,500, respectively) to cover faithful performance for streets and drainage, water and sewer improvements. Bond No. 117 85 65 in the amount of $785,750 ($628,000, $75,000, and $82,750, respectively) to cover labor and materials for streets and drainage, water and sewer improvements. Bond No. 117 85 66 in the amount of $31,284 to cover subdivision monumentation. R:~agdrptLg~0112~tr21067accept 1 Kingsway Construction Corporation's successor-in-interest of this site is: Santa Barbara 86 (Westmark Communities, Inc., General Partner) One Columbia Aliso Viejo, CA 92656 who have executed replacement agreements and securities for the contractual work. Replacement surety bonds were posted by the same surety, Insurance Company of the West, under the same bond numbers and in the same amounts as the original documents. On December 19, 1995, the City Council authorized a fifty-percent (50%) reduction in Faithful Performance. The remaining Faithful Performance Bond amount was sufficient to both complete the remaining work and provide the contractual ten-percent (10%) warranty amount, as follows: Street, Water and Sewer Improvements Bond No. 117 85 65 $785,750 Public Works Staff has reviewed the public improvements required for this tract and finds the work satisfactory. The Eastern Municipal and Rancho California Water Districts have accepted their facilities. Therefore Staff recommends the acceptance of the public improvements, initiation of the one-year warranty period, release of the subdivision monument bond, and reduction of the Faithful Performance security to the following ten-percent (10%) warranty amount: Street, Water, and sewer improvements warranty Bond No. 117 85 65 $157,150 Staff has reviewed and approved the subdivision monumentation for this tract. Therefore it is recommended that the Subdivision Monumentation security be released as follows: Subdivision Monument Bond No. 117 85 66 in the amount of $31,284. The developer posts Labor and Materials security to assure payment to suppliers of labor and materials. This security is retained until the contractual six-month lien period following City Council acceptance of the public improvements has run, at which time Staff recommends release or reduction in the security depending on the amount of any unsatisfied claims for labor or materials posted against the development. Prior to the recordation of this map, the City entered into a "Park Agreement" dated 4/23/91 setting fodh requirements for dedicating Lots 87, 88, and 89 for park purposes (in lieu of Quimby Act fees) along with certain drainage and other construction improvements. A Reimbursement Agreement dated December 20, 1994, determined that certain park improvements (Pala Community Park Improvements) within the tract boundary would be constructed under City Contract PW93-03CSD. Included in this work were several street reconfigurations to Temecula Lane and Canterfield Drive. These new configurations required vacation of the underlying streets rights of way and acquisition of new street alignments consistent with park plans. As a portion of the subdivider's public improvement responsibilities fell within the parksite area, the City established public improvement cost estimates for the developer's share of this work. The subdivider posted $87,628.00 to cover these costs. The developer has met their improvement responsibilities in full and therefore Staff recommends release of these improvement obligations. The affected streets are recommended for acceptance into the City-Maintained Street System at this time by Resolution No. 99- . The streets to be accepted are Trotsdale Drive, Rein Court, and portions of Canterfield Drive and Murfield Drive. Those portions of relocated Temecu Lane and Canterfield Drive within the parksite area of this tract will be accepted at a later date. R:~agdrpfi99~0112W21067accept 2 FISCAL IMPACT: In accordance with the several agreements and National Flood Insurance Program regulations, City will maintain the storm drain and channel improvements upon completion of these items of work. The Street Maintenance Division estimates that approximately $2,500 per fiscal year will be allocated to normal channel storm flow maintenance. The necessary funds are in Account No. 001-164-601-5401. ATTACHMENT: Location Map R:~agdrpt~99~011~tr21067accepl 3 % VICINITY MAP ~fO ,SCALE. 15. ~5 , I' TRACT NO. 21067 Loca'~ion Mao ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manage~City Council /~illiam G. Hughes, Acting Director of Public Works/City Engineer March 2, 1999 SUBJECT: Parcel Map No. 28657-1, Located at the Northwest corner of Diaz Road and Remington Avenue PREPARED BY: ~ Ronald J. Parks, Deputy Director f Public Works Jerry Alegria, Senior Engineer ~ RECOMMENDATION: That the City Council approve 1) Parcel Map No. 28657-1 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Letters of Credit as security for the agreements. BACKGROUND: On Apdl 1, 1998, the Planning Commission Approved Tentative Parcel Map 28657-1, expiration date being April 1, 2000. The Developer has met all of the Conditions of Approval for recordation of the final map. Parcel Map No. 28657-1 is a six (6) parcel industrial subdivision of 62.53 net acres. The site is currently vacant. The following fees have been deferred for Parcel Map No. 28657-1: Development Impact Fee due prior to issuance of building permit. Area Drainage Plan Fee due prior to issuance of building permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Parcel Map No. 28657-1 I~TEMEC_FS201M:)ATA!DEPTS~PW%AGDRPl~9~0302~PM28657-1 .MAP,DOC CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PARCEL MAP NO. 28657-1 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of building permit. To be paid prior to issuance of building permit. 2 ~TEMEC_FS201~ATA~DEPTS~PW%AGDRP"R99M)302~M28657-1 MAP.DOC CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 28657-1 IMPROVEMENTS Street and Drainage Water Sewer Monument TOTAL FAITHFUL PERFORMANCE SECURITY $ 109,200 $ 17,500 $ 5,400 $ 2,000 $ 134,100 DATE: February 18, 1999 MATERIAL & LABOR SECURITY $ 109,200 $ 17,500 $ 5,400 $ 0 $ 132,100 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ *T.B.P. $ *T.B.P. $ 61.00 $ 4.00 $ 890.00 $ 250.00 $ 1,205.00 $ 0.00 *T.B.P, - To Be Paid Prior to Issuance of Building Permits 3 i~TEMEC_FS201~OATA~DEPTS%c~V~a, GDRFI~9~)302~PM28657-1 .MAP.DOC ~ 7 -'~04D VA CINI T Y N.T.S. MAP ~ill'J' Z OP 4 liV TH~ CITY OP T~M~CUI.4. COUNTY O~ P3V~RSIDE, STATE OF CALIYORNIA PARCEL MAP 28657-1 ai lTfG · ~[FT~ION 07 · PORT'ION* 07 PIRCZ£~ I ~ · 07 PLRCZI, JIILP 484~ JII~JISZDI COUN'fi', rlr-r/'O!lArlL r-lqleTG llT~rN TEl 7XurCUr~ iU~VCEO. f& GiiFI~C 8C.ALI tern1  / /PARCEL 4 PARCEL ,+ ITEM 8 DIRECTOR OF FINA~IC ,~"'~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council Shawn Nelson, Acting City Manager March 2, 1999 SUBJECT: Elimination of Booking Fees PREPARED BY: RECOMMENDATION: Allie Kuhns, Senior Management Analyst,~ That the City Council adopt the following Resolution: RESOLUTION NO. 99-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA URGING RIVERSIDE COUNTY BOARD OF SUPERVISORS TO REPEAL THE IMPOSITION OF BOOKING FEES ON COUNTY CITIES BACKGROUND: In response to a State budget crisis in fiscal year 1990/91, the State diverted back to the State certain tax revenues that had been designated for counties. In order to compensate the counties for this lost tax revenue, the State authorized counties to bill cities for the cost of booking prisoners into County jails. Legislative staff estimated that booking fees would cost California cities $12-$20 million annually. The first year, booking fees totaled $100 million statewide; several years later, they peaked at $250 million. In Riverside County, the $110.40 per arrest produces approximately $2 million annually. Booking fees are inequitable to cities because residents of unincorporated areas do not pay for them through property taxes but receive the same service as residents of incorporated cities. Recently, a number of counties, including Orange and Ventura Counties, have eliminated booking fees. The recent tobacco settlement has provided a potential alternative source of revenue to offset the loss of booking fees, as the County will be receiving new unrestricted funds in the amount of $20 million annually. Before these funds are committed, it is crucial that cities obtain a portion of these funds to backfill booking fee revenue losses to the County. FISCAL IMPACT: The City of Temecula pays approximately $135,000 per year in booking fees to Riverside County. By repealing the imposition of these fees, the City would have this revenue available for expenditure in the General Fund. Attachment: Resolution No. 99-_ RESOLUTION NO. 99-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA URGING RIVERSIDE COUNTY BOARD OF SUPERVISORS TO REPEAL THE IMPOSITION OF BOOKING FEES ON COUNTY CITIES NOW BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: Ae The State of California in 1990/91, in response to a State fiscal crisis, reduced county revenues and authorized counties to charge cities for the cost of booking prisoners into county jails to offset the lost revenue. Riverside County imposed such a booking fee that now totals $110.40 per booking and generates $2 million of revenue for the County. Such booking fees are inequitable because they are only paid by cities, allowing residents in unincorporated areas to receive the same services free of charge. Revenues that the County will be receiving from the tobacco court judgement will be more than sufficient to replace revenue lost if booking fees are eliminated. Section 2. The City Council of the City of Temecula does hereby urge the Riverside County Board of Supervisors to abolish booking fees that are currently charged to cities. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this of ,1999. day ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the __ day of ,1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ITEM 9 APPROVAL CITY MANAGER A TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Coundl Shawn Nelson, Acting City Manager March 2, 1999 Acquisition of Real Property from Campos Verdes, LLC for Construction of a Detention Basin for Long Canyon Wash PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 99-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS," DATED AS OF MARCH 2, 1999, WITH COMMUNITIES SOUTHWEST, INC., FOR THE LONG CANYON WASH DETENTION BASIN BACKGROUND: The City is constructing certain regional drainage improvements around the new Mall in accordance with the City's Capital Improvement Plan and the Development Agreement with the Mall Developers. One of the drainage fadlities being constructed is the detention basin for the Long Canyon Wash (Public Works Project PW97-07). Although the detention basin will benefit all of the properties in the area, Campos Verdes, LLC, the developer of the property adjacent to the detention basin, agreed to dedicate the property to the City prior to development of its property in order to expedite the completion of the regional drainage improvements. Campos Verdes, LLC has allowed the City to begin construction with a fight of entry agreement pending completion of the acquisition of the property. FISCAL IMPACT: None. The City will pay $1.00 for the property which would have been dedicated to the City upon development of the adjacent property. ATTACHMENTS: 1. Resolution No. 99- 2. Agreement for Purchase and Sale and Escrow Instructions Agenda Reports\Long Valley Wash 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS," DATED AS OF MARCH 2, 1999, WITH COMMUNITIES SOUTHWEST, INC., FOR THE LONG CANYON WASH DETENTION BASIN (PW 97-07) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain Agreement entitled "Agreement of Purchase and Sale and Joint Escrow Instructions" by and between the City of Temecula and Campos Verdes, LLC, dated as of March 2, 1999, with such changes mutually agreed upon by the City Manager and Campos Verdes, as are minor and in substantial conformance with the form of such Purchase Agreement as has been submitted herewith. The Mayor and City Clerk are hereby authorized to execute and attest, respectively, the Purchase Agreement, including related exhibits and attachments, on behalf of the City. In such regard the City Manager is authorized to cause the Mayor and City Clerk to execute the final version of the Agreement after completion of any such non-substantive, minor revisions to said Purchase Agreement has been completed. A copy of the final Purchase Agreement and Lease Amendment when by the Mayor and attested by the City Clerk shall be place on file in the Office of the City Clerk. Section 2. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Purchase Agreement described and approved in Section 1. and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 2"d day of March, 1999. Attest: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] ResosL99- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 99- was duly and regularly adopted by the City Council of the d City of Temecula at a regular meeting thereof held on the 2" day of March, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones,CMC City Clerk Resos~99- 2 FEB-~-1999 16:~6 RICH~RDS W~TSON~GERSHON6? 469 P.0~/11 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS CAgreemcm") is dated and eragrad into as of , 1999 by and between CAMPOS VEIlDES L.L.C., a Washlemon Limited Liability Com'~'any ("Sellers"), and THE CITY OF TEMECULA, a public body, corporate and politic ("Buyer"), and constitutes an agreement w purchase and sell real property between the parties. RECITALS A. Seller is the owner of the real property interests described in Exhibit "A" attached hereto and made a part hereof (the "Property"). B. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premi.e~s, operative provisions and the Recitals which are incorporated heroin by this reference, the paxties hereto agree as follows: 1. Purchase and Sale. On the Close (as heroin defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditiom hereinafter set forth. 2. Purchase Price. The total purchase price for the Property to be paid by Buyer is the sum of one dollar and no cents ($1.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close. 3. Title mid Tffie In-suranee. Upon the receipt of an executed copy of this Agreement, the City shall order from First American Title Company ("Ti~e Company") a title commitment for the Property. The City shall also request two copies each of all instmmcnts identified as exceptions on said title commitmere. Upon receipt of the foregoing, the City shall deliver copies of the instruments and the rifle commitment to Seller. Buyer's fee title to the Property shall be insured at the Close by a CLTA Owner's Standard Coverage Policy of Title Insurance in the mount of $25,000 (the "Policy"). The Policy of title imuraxr~ provided for pursuant to this Section shall insure Buyer's fee interest in the Properly free and clear of all liens, encumbrances, restfictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) Thc applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; (b) Those non-monetary exceptions approved by Buyer in writing; and ~110 IIC]I~3-4XXMM sam 1491_~S.I (1) FEB-22-1999 16:59 RICHARDS WATSON~GERSHON6? 46? P.03/11 (c) close of the transaction). CFD 88-12 and any assessments thereunder (as promted as of the 4. Grant. I}e~_. Seller covenanls and agrees to deposit with Richards, Watson & G-ershon prior to the Close, a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Auth.oriZ. a~on tO.. Record D~uments and. Disburse Funds.. Richards, Watson & C, ershon is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close, provided each of the following conditions have then been ful~lled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Notwithstanding any other provision to the contrary heroin, the Property shall be free and clear of monetary liens and encumbrances at the Close. (b) The Buyer shah have approved or been satisfied or waived all of the contingencies to Buyer's obligations hereunder, as provided for in Section 11; (c) The Buyer shall have satisfied all charges arising out of this Agreement, including, without limitation, the deposit of all necessary funds with Riobards, Watson & Gershon for the subject purehaw, payment of title charges and cost, and the payment of promted taxes, if any. (c ) Seller shall have deposited the Grant Deed required by Section 4 with Richarcls, Watson & Gershon. Unless otherwise instructed in writing, Richards, Watson & C-ershon is authorized to record at the Close any instrument necessary or proper for is~:a_nc, e of the Policy, including the Grant Deed. 6. Closiw,. The parties hereby authorize Richards, Watson & Gershon to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, the "Opening" shah mean the date on which Richards, Watson & Gershon shall have received a fully executed original of this Agreement from Buyer and Seller and the "Close" or the "Closing" shall be the date upon which the Grant Deed to Buyer is recorded in the Official Records of the County of Riverside. The Close shall be on the date which is not later than the first busilless day occurring thirty (30) days after the date of this Agreement, unless extended by Buyer and Seller. Buyer shall pay all costs related to this Agreement and the transfer of the Property. 7. _Charpes and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees and charges of Richards, Watson & C_,ershon, if any. 990119 llOa6-1Xll~ :4~ 1491565.1 (1) - 2 - FEB-22-1999 16:59 RICHARDS WATSON~GERSHON6? 46? P.04/11 8. License tQ Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, SeHer's heirs, successon and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demnnds, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section, except to the extent caused by the negligence or willful misconduct of Seller or Seller's agents, representatives, or successors and assigns. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buycr's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buycr's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close and shall survive the Close: (a) To Seller's actual knowledge (i) on the Close the Property shall be free and clear of any and all hazardOBS Or tOXiC substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Co) Seller shah not further encumber the Property or allow the Property or to be further encumbered prior to the Close. (c) To Seller's actual knowledge, neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) To Seller's actual knowledge, there are no written or oral leases or conwactual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (e) To Seller 's actual knowledge, Sellcr there are no pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal which is in any way related to the Property. 4~0119 110~z410004 tee I4915(~5.1 (1) - 3 - FEB-~-1999 16:~? RICH~RDS W~TSON~GERSHON69 467 P.05~11 As used in this Agreemere, the terms "Seller's actual knowledge' mean the actual or current knowledge of Mary Rauschenburg without any investigation. 10. Warranties and Repre~mtations of Buye..r. Buyer hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and Warranties shall be true and correct as of the Close and shall survive the Close: (a) Buyer is authorized to enter into this Agreement and has undertaken all necessary acts to approve this Agreement. 11. Condition of Property. Except as provided by Section 9 above, the Property is conveyed to Buyer in an "AS IS WHERE IS" condition. 12. Buyer'S Contingencies. For the benefit of Buyer, the Close and the Buyer's obligation to collsummate the purchase Of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close: (a) That as of the Close the representations and warranties of Seller contained in this Agreement are all true and correct. (b) The delivery of all documents pursuant to Section 4 hereof. (c) Title Company's commitmere to issue in favor of Buyer of a CLTA Star, da_rd Coverage Owner's Policy of Title Insurance with liability equal to $25,000 showing Buyer's fcc interest in the Property subject only to the Permitted Ti~e Exceptions. (d) Buyer 's approval prior to the Close of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Clog. 13. SeHar's Contiz)~ncies. For th~ benefit of Seller, the Closing and the Seller's obligation to consummate the sale of the Property shah be contingent upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close: (a) That as of the Close the representations and warranties of Buyer contained in this Agreement are all true and correct. (b) The delivery of all documents pursuant to Section 4 hereof. 14. Certification of Non-Foreign Status. Seller covenants to deliver to Richards, Watson & Gershon a certifw. ation of Non-Foreign Status in accordance with I.R.C. 990119 11086-a]004 sas 149156~.1 fl) - 4 - FEB-22-1999 16:58 RICHARDS WATSON&GERSHON6? 469 P.06xll Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close. 15. Notice. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of alI notices shall be sent to Richards, Watson & Gershon. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER: City of Temecula 43200 Business Park Drive Temecula, California 92590 Atm: City Manager COPY TO: Richards, Watson & C-ershon 333 So. Hope St., 381h F1. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. and Saul Jaffe, Esq. SELLFaR: Campos Vcrdes L.L.C. 181 Old Spring Road Annhelm, California 92808 Atm: Mary Rauschenburg With a copy to: Campos Vetdes L.L.C. 181 Old Spring Road Annhelm, California 92808 Atm: William C. Holzwarth, Esq. 16. Broker's Commk~'ions. Each party represents and warrants that they have not utilized the service of a real estate broker for this tran~ction. Each party further agrees to indemnify, defend and hold the other harmless from and against any and all costs, liabilities or judgments, including attomey's fees, incurred in defending or paying any chim arising out a breach of this Section 16. 17. Full Payment of_ . Al! Oblig3tions of City. It is understood and agreed between Seller and Buyer that the payments made to 'Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of aH property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically 9~0119 ll(]~6-(IXl~tas 1491565.1 {1) - 5 - FEB-~-1999 16:~8 RICH~RDS W~TSON~GERSHON6? 46? P.09~11 includes, but is not limited to, claims for severance and other darnages, attorney's fees, interest, expenses of litigation, expert's fees, precondenmation damages, inverse condemnation, owner participation rights under the Redevelopmerit Plan, rclocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, ct seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance: fights to Seller and that the waiver of all fights by Seller herein set forth as free and voluntary. 18. Further ln~_ructions. Each party agrees to execute such other and further instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 19. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Richards, Watson & Gershon. 20. Seller Di.'sdos_ure. Seller makes no representation or warranty as to the condition or existence of any entitlemerits which impact the Property, including, without limitation, the buildable area of the Property, a Section 404 permit under the Clean Water Act, or a Section 1603 Streambed Alteration Permit. 21. Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agr~ent. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibit hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject mawr hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promi~ made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and AssigDs. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithsr2~tding anything to the contrary in the company's general instructions. 990119 11086-00004 sm 1491563.1 (1) - 6 - FEB-22-1999 16:58 RICHARDS WATSON~GERSHON6? 46? P.08/11 (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shah be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies Shall not constitute a waiver of the right to pursue other available remedies. (f) Interpretation and Constru_ction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendmcnts or exhibits thereto. In this Agreement the neuter gender includes the feminine axed maseuline, and singular number includes the plural, and the words '*person'* and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (g) City Manaeer_.Authori~. The City Manager is hereby directed and authorized to execute such other docmnents, including without limitation, amendments to this Agr~ment, certificates of acceptance, or certif'w, ations, as may b~ necessary or conveniem to implement the terms of this Agreement. 22. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 23. A.~gnn~ent_. Buyer may assign its rights under this Agreement or may designate a nominee to acquire ti~e to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 24. Termination. Notwithstanding any other provision in thi_~ Agreement to the contrary, Buyer may terminate this Agreement if Buyer determines the Property is not necessary for public purpose; provided, however, the Buyer's Close of the subject tramaction sh.!l be deemed a conclusive determination that the Property is required for public purposes. IN WITNESS WI~,REOF, the parties hereto have executed this Agreement as of the day and year fast written above. (Signatures Follow) 990119 l1086-O(}OO4s,~s 14915,65,1 (1) - 7 - FEB-~-1999 16:~9 RICH~RDS W~TSON~GERSHON6? 469 P.09~11 SELLER CAMPOS VERDES L.L.C., a Washin~on limited liability company By: .. Its: BUYER THE CITY OF TEMECULA, a public body, corporate and politic: ATTEST: City Clerk APPROV~.I'} AS TO FORM: By Peter M. Thorson Mayor ~0119 1108~0000~ Sas 1491.~f~.1 (1) - 8 - EXHIBIT "A" LEGAL DESCRIPTION LONG CANYON CREEK DETENTION BASIN BEING A PORTION OF PARCEL "E" OF LOT LINE ADJUSTMENT 98-0054 AS RECORDED APRIL 9, 1998 AS INSTRUMENT NO. 137810, RECORDS OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF MARGARITA ROAD (110.00'WIDE) AS DESCRIBED IN SAID INSTRUMENT AND THE SOUTHWESTERLY LINE OF SAID PARCEL "E"; TFI'ENCE ALONG THE BOUNDARY OF SAID PARCEL "E" OVER TI-IE NEXT SEVERAL COURSES; TIIENCE SOUTH 67036'52'' EAST, 108.93 FEET; TItENCE NORTH 57°44'31" EAST, 1,094.12 FEET; TI/ENCE NORTH 65046'32'' EAST, 80.00 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL "E"; TBENCE CONTINUING ALONG SAID BOUNDARY NORTH 24013'36'' WEST, 99.99 FEET TO THE SOUTHEAST CORNER OF PARCEL "D" OF SAID LOT LINE TI/ENCE SOUTH 74°50'08'' WEST, 250.00 FEET ALONG THE COMMON LINE OF SAID PARCEL "D" AND SAID PARCEL "E"; THENCE SOUTH 87°50'01'' WEST, 59.58 FEET ALONG SAID COMMON LINE; THENCE NORTH 05o09'52'' WEST, 63.91 FEET ALONG SAID COMMON LINE; TBENCE LEAVING SAID COMMON LINE SOUTH 86o02'05'' WEST, 24.29 FEET; TiIENCE NORTH 59°42'51'' WEST, 98.26 FEET; T!:~NCE SOUTH 70°12'15'' WEST, 167.60 FEET; TI:~NCE SOUTH 86000'37'' WEST, 175.77 FEET TO A POINT ON SAID SOUTHEASTERLY LINE OF SAID MARGARITA ROAD, SAID POINT ALSO BEING A POINT ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,055.00 FEET, TO WHICH A RADIAL BEAI~S SOUTH 66029'38" EAST; TItENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE THROUGH A CENTRAL ANGLE OF 2°47'36'', AN ARC LENGTH OF 100.19 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 26o17'58'' WEST, 479.08 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,945.00 FEET; TB'F~NCE CONTINUING ALONG SAID SOUTHEASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 3o54'50'', AN ARC LENGTH OF 132.86 FEET TO A POINT TO WHICH A RADIAL BEARS NORTH 67036'52'' WEST, SAID POINT BEING THE POINT OF BEGINNII~IG. THE ABOVE DESCRIBED PURCHASE PROPERTY CONTAINS 7.86 ACRES, MORE OR LESS. ~N'No. 425~ EXHIBIT PAR. 'E' N 55' 55' 98 W N 66029'58- W('R) k "'P.D.B. 55'55' PAR. I" Ii E iI Trans-Pacific Consultants 27447 Enterprise Circle West, Temeculo, CA., 92590 THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. SCALE: INST. ND. 137810 REC. 4/9/98 CIVIL ENGINEERS LAND SURVEYORS, PLANNERS W.O. # sHEE~'~oF ~ 41201 3.16 1"= 200 IDRAWN BY TJL DAl'E12--16--98i LONG CANYON CREEK DET, BASIN TEMECULA COMMUNITY SERVICES DISTRICT ITEM I CITY ATTORNAEPYPROVA~~"~ DIRECTOR OF FINA ~ CITY MANAGER ,~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services March 2, 1999 Authorization to Bid and Determination of Categorical Exemption For the Construction of the Santa Gertrudis Trail Under Crossing at Winchester Road. PREPARED BY: RECOMMENDATION: ~j~Beryl Yasinosky, Development Services Analyst That the Board of Directors: Determine that the installation of the Santa Gertrudis Trail Under Crossing at Winchester Road is Categorically Exempt pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines. Authorize the filing of a Notice of Exemption, with the appropriate filing fee, for the project with the County Clerk of Records Office. Approve the construction documents and authorize the release of a formal public bid for the Santa Gertrudis Trail Under Crossing Project at Winchester Road. DISCUSSION: On March 17, 1998, the Board of Directors awarded a contract to Robert Bein, William Frost and Associates for the preparation of design drawings, construction documents, and project administration for the Santa Gertrudis Under Crossing project. There is approximately three (3) miles of existing bike trail along the Santa Gertrudis Creek, on both the east and west sides of SR 79/Winchester Road, but there is no safe crossing for trail users at the Winchester Road Bridge. Trail users are currently directed (by posted signs) to continue the trail by crossing the highway at Nicolas Road, located approximately ~ mile to the south of the existing trail. This project will construct a 610 foot ramp under SR 79/Winchester Road, thereby safely connecting the trail segments. Upon completion, the under crossing will eliminate the existing and potential safety hazards associated with the use of the at-grade crossing and assists in completing a portion of the Citywide Bike Lane project included in our Five Year Capital Improvement Program. R:\yasinobk\agendas~Aulh bid of santa gertrudi~ trail The project has undergone an Environnmental Review and staff is recommending that the Board of Directors make a finding that the project is categorically exempt as a minor alteration to an existing structure according to Section 15301 (c) of the California Environmental Quality Act (CEQA) guidelines. As a result, staff recommends that the Board of Directors make a finding that this project is Categorically Exempt for CEQA pursuant to Section 15301 (c) of the CEQA Guidelines. The review and approval of the construction documents are nearing completion. Approvals are forthcoming from Caltrans and the Riverside County Flood Control District. Staff is currently negotiating with the Army Corp of Engineers and Fish and Wildlife to determine the extent of any mitigation measures that may be required as a result of this project. Staff anticipates that the project will be ready to bid within the next 60 days. FISCAL IMPACT: The Engineer's cost estimate for this project is 9259,500. This project is partially funded through an award of ,~159,500 in SB 821 Bicycle and Pedestrian Projects Program grant monies for Fiscal Year 1998-99. Funds have been appropriated and budgeted in the current Capital Improvement Program for the project. Annual costs for maintenance will be negligible and absorbed into the City's park and recreation operating budget. ATTACHMENTS: 1. Site Plan/Vicinity Map R:\yssinobk\sgendu~Auth bid of santa gerh-udiz trail N.T.S. PROPOSED BIKE LANE IMPROVEMENTS EXISTING BIKE LANE ~ _ CITY OF TEMECULA FY1998-99 SB821 PROGRAM SANTA GERTRUDIS CREEK UNDER CROSSING BIKE TRAIL IMPROVEMENTS MAY 1998 ITEM 2 CITY ATTORNAEPYPROV~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Board of Directors ..ermBR D. Parker, March 2, 1999 Director of Community Services Letter of Support to the Boys and Girls Club of Temecula Valley RECOMMENDATION: That the Board of Directors: Approve the attached letter supporting the Boys and Girls Club of Temecula Valley's effort to obtain a grant to expand their existing facility. BACKGROUND: On Thursday, February 18, 1999, staff met with Mr. Rich Schultz, Executive Director of the Boys and Girls Club of Temecula Valley. Mr. Schultz was requesting a letter from the Board of Directors in support of their effort to secure a grant, to expand the existing Boys and Girls Club located on Pujol Street. The grant application is due March 12, 1999, and will be submitted to the State of California Youth Authority. The Boys and Girls Club is requesting a 91.25 million grant from the California Youth Authority to construct a gymnasium and computer training room at their existing facility. With Temecula Valley Unified School District returning to a traditional school year (September - June) beginning this year, the Boys and Girls Club feels the expansion to the facility is essential, to meet the increasing program needs for area youth. Mr. Schultz has indicated that he should know if the grant application is approved in June 1999. If approved, it would be the Boys and Girls Club intent to begin construction of the improvements in August of 1999. FISCAL IMPACT: impact. Approval of the attached letter of support will have no fiscal ATTACHMENT: r:~ziglergXreports\Boys and Girls Club February 16, 1999 Ci_ty of Temecula 43200 Bu~f~ss Park Drive · Ten'~-ula, C_A 92590 · M~ilin~Addr~: P.O. Box 9033 · Terr~o~la, CA 925~-9033 (909) 6~4 · F~ (~9) 6~1999 Steven J. Ford Mayor February 16, 1999 Jeffrey E. Stone Mayor Pro Tern Jeff Comerchero Councilmember Karel F. Lindemans Councilmember Ronald H. Roberrs Councilmember (909) 506-5100 FAX 694-6499 Mr. Rich Schultz, Executive Director Boys and Gids Club of Temecula Valley 28790 Pujol Street Temecula, CA 92590 Dear Mr. Schultz: The City of Temecula City Council and the Temecula Community Services District Board of Directors is aware of your intent to apply for a Juvenile and Gang Violence Prevention, Detention and Public Protection Program Grant through the State of Califomia Youth Authority Department. It is our understanding that the grant will assist the Boys and Gids Club of Temecula Valley in expanding their facility to include a training room and gymnasium for area youth. It is also our understanding that the expansion of this facility will help the Boys and Gids Club in addressing youth program service needs as a result of the Temecula Valley Unified School District returning to a traditional school year. The City of Temecula is committed to providing quality recreation and social programs for youth. The expansion of the Boys and Gids Club will enhance existing youth programs and services. We support your effort to expand the Boys and Girls Club facility and wish you the best in your efforts to secure this grant. The City of Temecula is supportive of working in conjunction with the Boys and Gids Club to provide recreation programs and services that our community will benefit from. If we can be of further assistance, please do not hesitate to centact me at (909) 694-6444. Sincerely, Jeff Comerchero, President Temecula Community Services Distdct JC:gz 4~J Pnnled on Rec'Tded Paper ITEM 3 APPRO~~A~_ CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services March 2, 1999 Naming of the Museum Facility PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors approve a recommendation from the Community Services Commission to name the Museum Facility located on Mercedes Road in Old Town the Temecula Valley Museum. BACKGROUND: Pursuant to City policy it is the responsibility of the Community Services Commission to forward recommendations to the Board of Directors concerning the naming of each park, recreation or community facility, operated by the Community Services Department. On November 17, 1998, the City Council authorized staff to move forward with the operation of the museum as a City facility. The 7,200 square foot, two-story structure will soon operate as a local history museum. Construction work, which includes the installation of lighting, carpeting and floodng, cabinetry, air conditioning, hardscape and an elevator, is currently underway. The initial phase of exhibit design is also progressing. At its February 8, 1999 meeting, the Community Services Commission recommended that the facility be named the Temecula Valley Museum. According to the existing naming policy, the Board of Directors may approve the name, as recommended by the Community Services Commission, or may consider any other names desired. FISCAL IMPACT: project. The selection of a name for the facility will have no fiscal impact on the ATTACHMENTS: Resolution No. CSD 92-08: Naming Parks and Recreation Facilities R:~RUSEP~AGENDAS~nuseum naming.csd.doc RESOLUTION NO. CSD 92-08 A RESOLUTION OF TI-IE BOARD OF DIRECTORS OF TI-IE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WF!'EREAS, on April 23, 1991, the Board of Directors (the "Board") adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, TF[EREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMIVIUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald .l. Parks, President ATTEST: Reaoa CSD 92-08 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TBMBCULA ) I, June S. Greek, City Clerk of the City of Temecula, I{EREBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Birdsall, Moore, Lindemans, Mufioz Parks, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Rcaos CSD 92-08 EXhibit "A" TE1ViECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall'be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and- direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY Department Parks and Recreation Commission Department ACTION Acquires a new park or recreation facility. Solicits possible names from community. Forwards suggested names to the Parks and Recreation Commission for consideration. Receives any additional community input. Selects a name for the new park or recreation facility. Forwards name ratification· to City Council for Installs the appropriate naming sign or plaque. ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ,~ CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services March 2, 1999 Creation of a Sports Park Subcommittee PREPARED BY: Todd Holmes, Development Services Administrator RECOMMENDATION: That the Board of Directors: Create an ad hoc Sports Park Subcommittee of the Board of Directors to study the feasibility of developing a sports complex. 2. Appoint two Board members to serve on the Sports Park Subcommittee. DISCUSSION: On January 28, 1999 staff toured a commercial sports park in Cathedral City. This unique facility is a public-private joint venture between Big League Dreams Sports, LLC. and the City of Cathedral City. The complex consists of six softball/baseball fields, a covered roller hockey court, playground, and a full service restaurant. Features such as outfield murals, dugouts, stadium seating and other amenities make this complex a regional attraction. The park is used for adult softball, soccer, youth leagues, corporate picnics, concerts, and special events· The Northwest Sports Park site on Diaz Road is one possible location for a similar facility in Temecula. This 32-acre site is located on Diaz Road at the northern City limit. This site is smaller than the Cathedral City location, but a scaled down facility could be constructed there. The ad hoc subcommittee is being formed for the limited purpose of considering various options for the construction and operation of a commercial sports complex. The facility could be City operated or a public-private joint venture. The subcommittee will bring a report on its findings back to the Board in sixty days· FISCAL IMPACT: None'. r:\n~pXagc~l~\tvhdit~.¢~l REDEVELOPMENT AGENCY ITEM I APPROVAL CITY ATTORNEY DIRECTOR Of FINA CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn Nelson, Acting Executive Director March 2, 1999 Sale of Property at 27500 Jefferson Avenue to Richardson RV, Inc., Pursuant to The 1994 Lease Option Agreement PREPARED BY: Peter M. Thorson, General Counsel RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 99-._ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS," DATED AS OF MARCH 2, 1999, RELATING TO THE REAL PROPERTY AT 27500 JEFFERSON AVENUE WITHIN REDEVELOPMENT PROJECT NO. 1-1988 BACKGROUND: On January 25, 1994, the Agency purchased the property at 27500 Jefferson Avenue from Norm Reeves Honda, Donna L. Reeves Trust UT 7-25-90 ("Reeves") and leased the property back to Reeves for used car sales and storage. The Lease provides that Reeves has an option to purchase the Property from the Agency for $2 million. The Lease has been amended six times to extend the term and increase the rent. Reeves has subleased the Property to Raymond T. Richardson, Linda A. Richardson, Steve M. Richardson, Carol D. Richardson, Mark A. Richardson, and Anita L. Richardson, who are principals of Richardson RV, which has now exerdsed the option to purchase the Property. The Agency has reviewed an appraisal for the Property confirming that its fair market value at this time is $2 million as set forth in the option clause of the Lease. Approval of the Resolution will implement the sale to Richardson RV. In addition to the standard terms of a real estate sales transaction, the Purchase Agreement makes it dear that the Agency is not and will not be responsible for any hazardous materials or toxic waste, such as leaking gas tanks or oil wastes, on the Property. The Purchase Agreement also provides that the Agenda Reports\Reeves Property 1 that the Agency be indemnified by the Buyer or Reeves for any costs relating the clean up of the Property and any liabilities arising from the presence of hazardous materials on the Property. Escrow is currently scheduled to dose in 60 days from execution of the Purchase Agreement by all parties. Per the Purchase Agreement the buyer is responsible for paying all closing costs. FISCAL IMPACT: Upon the close of escrow, the Agency will receive $2 million. These funds can be used for other redevelopment projects. ATTACHMENTS: Resolution No. RDA 99- Agreement for Purchase and Sale and Joint Escrow Instructions Agenda Reports\Reeves Property 2 RESOLUTION NO. RDA 99- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS," DATED AS OF MARCH 2, 1999, RELATING TO THE REAL PROPERTY AT 27500 JEFFERSON AVENUE WITHIN REDEVELOPMENT PROJECT NO. 1 --1988 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On June 23, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. c. On January 25, 1994 the Redevelopment Agency of the City of Temecula ("Agency") enter into that certain Lease Agreement with the Donna L. Reeves Trust UT 7-25-90 ("Reeves") for the property located at 27500 Jefferson Avenue in the City of Temecuia ("Property"). The Lease Agreement was duly amended by (i) that certain Amendment No. I to Lease Agreement dated January 12, 1994, (ii) that certain Amendment No. 2 to Lease Agreement dated January 20, 1994, (iii) that certain Amendment No. 3 to Lease Agreement dated March 31, 1995, (iv) that certain Amendment No. 4 to Lease Agreement dated March 26, 1996, (v) that certain Amendment No. 5 to Lease Agreement dated July 9, 1996, and (vi) that certain Amendment No. 6 to Lease Agreement dated June 24, 1997 (collectively the "Lease"). Resos. RDA~99- 1 d. The Lease provides that Reeves, as the Lessee, has an option to purchase the Property for the sum of two million dollars ($2,000,000.00). Reeves and Reeves' sublessee Richardson RV, have duly exercised the option by notice to the Agency. e. Agency has reviewed an appraisal for the Property which determined the fair value of the Property to be $2 million. f. The sale of the Property is authorized pursuant to Health and Safety Code Section 33430. g. A public hearing and report concerning the sale is not required pursuant to the provisions of Health & Safety Code Sections 33431 and 33433 because the Property is not being sold or leased for development or redevelopment pursuant to the Redevelopment Plan. The Property is being sold at fair market value and pursuant to the previously approved obligations of the Agency under the Lease and without obligations being imposed on the Buyer for development of the Property in any particular manner. h. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. i. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. j. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally an environment review was completed for the Lease at the time of its approval in 1994. This action simply implements the obligations established by the Lease originally approved in 1994. Therefore, pursuant to the provisions of California Environmental Quality Act environmental review is not required for this action. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain Agreement entitled "Agreement of Purchase and Sale and Joint Escrow Instructions" by and between the Agency and Raymond T. Richardson, Linda A. Richardson, Steve M. Richardson, Carol D. Richardson, Mark A. Richardson, and Anita L. Richardson (Collectively "Richardson"), in such capacities as described in the Purchase Agreement, dated as of March 2, 1999, with such changes mutually agreed upon by the Agency Executive Director, Reeves, and Richardson, as are minor and in substantial conformance with the form of such Purchase Agreement as have been submitted herewith. The Chairperson of the Agency and the Secretary of the Agency are hereby authorized to execute and attest, respectively, the Purchase Agreement, including related exhibits and attachments, on behalf of the Agency. In such regard the Executive Director is authorized to cause the Chairperson and Secretary to execute the final version of the Agreement after completion of any such non-substantive, minor revisions to said Purchase Agreement have been completed. A copy of the final Purchase Agreement when executed by the Agency Resos. R DA~99- 2 Chairperson and attested by the Agency Secretary shall be place on file in the Office of the Secretary of the Agency. Section 3. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Purchase Agreement and to administer the Agency's obligations, respon- sibilities and duties to be performed under the Purchase Agreement described and approved in Section 2. and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency this 2"d day of March, 1999. ATTEST: Karel F. Lindemans, Chairperson Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 2nd day of March, 1999, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Resos. RDA~99- 3 Susan W. Jones, CMC City Clerk/Agency Secretary FEB-25-1999 1~:55 RICHARDS WATSON~GERSHON6? 4b'r ~.~/o~ AGREEMENT OF pURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS TO: First American Tide Insurance Co 323 West Court Street P.O. Box 6327 San Bemardino, CA 92401 ("Escrow Holder") Escrow No. Escrow Officer: Ms. Lee Ann Adan~ Title Order No. Title Officer: Mr. Craig Goodwin This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered imo as of this __ day of March, 1999, (the "Effective Date") by and between (i) the Redevelopmerit Agency of the City of Temecula ("Seller"), and (ii) Raymond T. Richardson and Linda A. Richardson, husband and wife as tenants in common, Steve M. Richardson and Carol D. Richardson, husband and wife as tenants in common, and Mark A. Richardson and Anita L. Richardson, husband and wife as tenants in common (collectively "Buyer"), with respect to the following: RECITALS: A. Seller is the owner of that certain real property located in the City of Temeeula ("City"), County of Riverside, State of California, located at 27500 Jefferson Romi, consisting of improved land (the "Land"), all of which is described on Exhibit "A" attached hereto, together with three (3) commercial building(s) located thereon square feet of leasable space, associated parking areas and other improvements located thereon (the "Improvements"). The Land, together with the Improvements, shall hereinaftcr be collectively referred to as the "Property." B. Buyer shall receive prior to the Close (as defined herein) the right to purchase the Property (the "Richardson Purchase Right") from Richardson R.V. Centers, Inc. a California corporation ("Richardson"). C. Richardson is the sublessee of the Property pursuant to the terms of that certain Agreement of Sublease (the "Sublease") dated as of May 3, 1998 by and between Donna L. Reeves, as Trustee of the Donna L. Reeves Trust dated July 25, 1990 ("Reeves") and Richardson. C. The Sublease purports to assign Richardson an option to purchase the Property on certain terms and conditions (the "Assignment"). D. Seller desires to approve the Assignment concun'~ntly with the execution of this Agreement and reserves the fight to approve the Richardson Purchase Right on the terms and conditions set forth in that certain Acknowledgment attached hereto as Exhibit "B" and incorporated herein by this reference. 9~}222 11086-00001 Ij 1491670.10 FEB-~-199~ 14:~6 RICH~RDS W~TSON&G~HUN~Y ~ r.~-~ E. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree that the terms and conditions of this Agreement and the instructions to Escrow Holder with regard to the escrow ("Escrow") created purs~.mnt hereto are as follows: 1. Purchase and Sale. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein set forth. 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Two Million Dollars ($2,000,000.00). 3. Payment of Purchase Price. The Purchase Price for the Pwperty shall be paid by Buyer as follows: (a) Deposit. Upon the "Opening of Escrow" (as defined in Paragraph 4(a) below), Buyer shall deposit, or cause to be deposited with Escrow Holder, in cash, by certified or bank cashier's check made payable to Escww Holder, or by a confirmed wire tr~__n.~fer of funds (hcreinafter referred to as "Lmmediately Available Funds"), the s~_,m of Two Hundred Thousand Dollars ($200,000.00) (the "Deposit'). Escrow Holder shall place the Deposit in an interest bearing account. The Deposit shall be applicable to the Purchase Price upon the "Close of Escrow" (as defined in Paragraph 4(b) below) and upon the expiration of the "Conf_ingency Period" (as deftned in Paragraph 7(a)(i) below) shall be nonrefundable to Buyer unless Seller fails to convey the Property to Buyer as provided herein and such failure constitutes a default by Seller hereunder. Subject to the terms of sections 7 and 16 hereof, interest on the Deposit shall accrue for the benefit of Seller. (b) Closinl~ Funds. At least one (1) business day prior to the Clos~ of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in Immediately Available Funds, the balance of the Purchase Price plus Escrow Holder' s estimate of Buyer's share of closing costs, prorations and charges payable pursuant to this Agreement. 4. Escrow. (a) Openin~ of Escrow. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received (i) a fully executed original or originally executed counterparts of this Agreement from 99ffB~ 110864X~1 Ij 149167o. 10 - 2 - FEB-2~-1999 14:56 RICHARDS WH~SUN~ULNbMUMbY Seller and Buyer and (ii) the Deposit from Buyer (the "Opening of Escrow"), and Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. To the extent of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. (13) Close of Escrow. For purposes of this Agreement, the "Close of Escrow" shall be deftned as the dam that the grant deed ("Grant Deed"), generally in the form of which is attached hereto as Exhibit "C"_, conveying the Property to Buyer, is recorded in the Official Records of the Riverside County, California Recorder's Office (the "Official Records"). This Escrow shall close on the earlier of (i) one hundred and sixty (160) days from the Effective Date, (i) Ten (10) days following the dated upon which all land use entitlemerits for the use of the Property as a recreational vehicle sales site shall be final and unappealable as determined by Buyer in Buyer's masonable discretion, or (iii) such earlier or later date as mutually agreed to in writing by Buyer and Seller (the "closing Date"). 5. Condition of Title. It shall be a condition to the Clos~ of Escrow for Buyer's benefit that rifle to the Property shall be conveyed to Buyer by the Grant Deed subject to the following condition of title ("Condition of Title"): (a) a lien to secure payment of general and special real property taxes and assessments, not delinquent; (b) the lien of suppleme~_ai taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; (c) matters affecting the Condition of Title created by or with the written consent of Buyer or which do not materially and deleteriously affect Buyer's contemplated use of the Property; (d) all matters which are or would be disclosed by the "Survey" (as defined in Paragraph 7(a)(ii) below) of the Property which are approved or deemed approved by Buyer as provided therein; (e) all exceptions which are disclosed by the "Report" described in Paragraph 7(a)(ii) below which are approved or deemed approved by Buyer as provided therein; (f) all matmrs which would be disclosed by a physical inspection of the Property or which in any way affect title to the Property resulting from acts or omi-~sions of Buyer in Buyer's capacity as an occupant of the Property; ~ II086-0iX101 Ij 14910~I3,.10 - S - FEB-23-1999 14:56 RICHRRD5 WRISUN&b~KbHUHb~ (g) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property; and (h) all those items disclosed on that certain ALTA title policy dated Ehw. ember 1994, issued to Seller by Continental Lawyer's Title Company a copy of which has b~n provided to Buyer. 6. Title Policy. Title shall be evidenced by the willingness of Escrow Holder in its capacity as tide insurer ("Title Company") to issue its CLTA Owrmr's Form Policy of Tide Insurance ("Title Policy") in the amount of the Purchase Price showing title to the Property yesrod in Buyer. 7. Collditions to Close of Escrow,, (a) Conditions to Buyer' s Obligations. Buyer' s obligation to consummate the ~tion contemplated by this Agreement is subject to the satisfaction of the following conditions for Buyer's benefit (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the dates designate~l below for tim satisfaction of such conditions. In the event Buyer terminates this Agreement and the Escrow due to the nonsatisfaction of any of such conditions, then Buyer shall be entitled to the return of the Deposit and all interest accrued thereon and both Seller and Buyer shall be relieved of all further obligations and liabilities under this Agreement (except for the inclemnity and insurance obligations of Buyer set forth in Paragraph 7(a)(i)(A) below and the covenants of Buyer set forth in Pangraph 22(a) below, which shall sufvive any such termination). (i) Contingency Matters. Buyer shall have until 5 p.m. on that dat~ which is sixty (60) days following the Opening of Escrow (such period of time shah be referred to herera as the "Contingency Period") to satisfy itself, in Buyer's sole and absolute discretion, as to the following mauers: (A) B~_yer's Review of the Property and Related Matters_. Buyer shall be ntisfled with all aspects of the Property and its condition and suitability for Buyer's intended use thereof, including, without limitation, the zoning for the Property and the availability of all permits, licensas, vmances and the like necessary for Buyer's intended use of tl~ Property. During th~ term of this Escrow, Buyer, its agents, contractors and sub~ontractors s_hall have the right to enter upon tl~ Property, at reasonable times during ordinary business hours following not less than twenty-four (24) hours prior notice to Seller, to make such inspections, surveys and tests as may be necessary in Buyer's discretion, including, without limitation, soils tests, toxic waste analysis, geological and/or engineering studies and land use or ralated studies; provided, however, if Buyer proposes to make any tests in FEB-~-199~ 14:57 RICH~RDS c~nnection with any Phase II environmental report or any other tests which involve dr~ling, bori~ or other similar intrusive or invasive action on or under the Property, then Buyer shah obtain S~ller's written consent prior to realring any such tests, which consent ma~' be withheld in Seller's sole, absolute and subjective discretion- Buyer shall use care and consideration in connection with any of its inspections or tests and Seller shall have the right to be present during any insp~tion of the Property by Buyer or its agents. Buyer shall restore the Property to its original condition after any and all tests and/or inspections. Buyer hereby ~de_mni~es, prote~ts, defends (with counsel chosen by Seller) and holds Seller and the Property free and harmless from and against my and all costs, losses, liabilities, damages, lawsuits, judgments, a~ons, proceedings, penalties, den~ands, attorneys' fees, mechanic's liens, or expenses of any kind or nature whatsoever, arising out of or resulting from (i) any entry and/or activities upon the Property by Buyer, Buyer's agents, contractors and/or subcontractors, and/or the contractors and subcontractors of such agents, or (ii) from the enforcement of this agreement of indemnity or the assertion by Buyer of any defense to its obligations hereunder. Prior to any entry upon the Property by Buyer's agents, contractors, subcontractors or employees, for the purposes of such investigations, Buyer sh~fll deliver to Seller an original endorsement to Buyer's commen:ial general liability insurance policy which evidences that Buyer is carrying a commercial general liability insurance policy with a financially responsible insurance company acceptable to Seller, covering (i) the activities of Buyer, and Buyer's agents, contractors, subcontractors and employees on or upon the Property, and (ii) Buyer' s inde~n_nity obligation contained in this Paragraph 7(a)(i)(A). Such endorsement to such insurance policy shall evidence that such insurance policy sb_all have a per occurrence limit of at least One Million Dollars ($1,000,000) and an aggregate limit of at least Thr~e Million Dollars ($3,000,000), shall name Seller as an additional insured, shall be primary and noncontributing with any other insurance available to Seller and shall contain a full w~iver of subrogation clause. (B) Review and Approval of Documents and Materials. Seller has previously delivered to Buyer or will, upon written request, deliver to Buyer those doc~_~_ments and materials respecting the Property set forth below (the "Documents and Materials'). The failure of Buyer to disapprove any of the Doc~_~ments and Materials on or before the expiration of the Contingency Period shall be deemed to constitute Buyer's approval thereof: (a) Le~_~. A complete copy of that certain Lease Agreement dated Jan~ary 25, 1994 betWeen Seller, as 990222 1108(~0(~01 lj 14916V0-10 - 5 - FEB-~- 1999 14: 57 R I CHARDS WATSON&ULNSHUNb'r ~ c r. ~ r ~ ~ lessor, and Reeves, as lessee, as amended by (i) that certain Amendment No. 1 to Lease Agreement dated January 12, 1994, (ii) that certain Amendment No. 2 to Lease Agreement dated January 20, 1994, (iii) that certain Amendment No. 3 to Lease Agreement dated March 31, 1995, and (iv) that certain Amendment No. 4 to Lease Agr~'ment dated March 26, 1996; (v) that certain Amendment No. 5. to L~ase Agreement dated July 9, 1996, and (vi) that certain Amendment No. 6. to Lease Agreement dated July 24, 1997 (collectively, the "Lease") with respect to the Property pursuant to which Reeves originally and continuously occupied the Property, it being agreed that Richardson is now occupying the Property pursuant to the tens of the Sublease; Co) Soils and Engineering Reports.. All existing and available soils, environmental and building reports and engineering data pertaining to the Property and any and all architectural studies, grading plans, topographic, a/maps and similar data regarding the Property in Seller' s possession, if any; and (c) Contracts. Copies of all material service and mainte_nance contracts made by Seller currently in effect with resist to the Property in Seller's possession, if any (the *Contracts"). Prior to the expiration of the Contingency Period, Buyer shall designate which contracts, if any, Buyer approves and agrees to assume at the Close of Escrow. If, during the Contingency Period, Buyer determines that it is dissatisfied, in Buyer's reasonable discretion, with any aspects of the Property and/or its condition or suitability for Buyer' s intended use or with any of the Documents and Materials, then Buyer may terminate this Agreemere and the Escrow created pursuant heruto by delivering written notice to Seller and Escrow Holder on or before the expiration of the Contingency Period of Buyer's election to terminate, in which event (i) this Agreemere and the Escrow created pursuant hereto shall terminate and be of no fiLrther force or effect (except for the indemnity and instunce obligations of Buyer contained above in Paragraph 7(a)(i)(A) and the covenants of Buyer set forth in Paragraph 22(a) below, which shall survive any such termination), (ii) Escrow Holder shall r~turn to Buyer the Deposit and all interest accrued thereon (less Buyer's share of escrow cancellation charges), and (iii) Buyer shall return to Seller all Documents and Materials previously delivered to Buyer by Seller. If Buyer fails to deliver any such termination notice to Seller and Escrow Holder on or befo~ the expiration of the Contingency Period, then Buyer shall be deemed to be satisfied with all aspects of the Documents and Materials and 990322 11086.00001 Ij 1491670.10 - 6 - FEB-23-1999 14:57 RICHARDS W~T5ON~GE~SMUNbY with all aspects of the Property, including, without limitation, the condition and suitability of the Property for Buyer's intended use. (ii) Environmental Contingency Matters. Buyer shall have until 5 p.m. on that date which is ( ) days following the Opening of Escrow (such period of time shall be referred to herein a'~the "Contingency Period") to satisfy itself, in Buyer's sole and absolute discretion, as to the following matters: (a) The environmental condition of the Property, including the existence of Hazardous Materials (as clef'reed herein) on the Property. (iii) Buv_er's Review of Title. Buyer shall have until that date which is t. hirty (30) days after Buyer's receipt of the 'Report' and the "Survey' (as def'med hereinbelow) (the "Title Review Period') to approve (A) a stan~_ard preliminary report from the Ti~e Company with respect to the Laud, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the "Report") and (B) the most recent survey of the Property which is in Seller's possession, if any (the 'Survey'). Buyer shall have until the end of the Ti~e Review Period to give Seller and Escrow Holder written notice ('Buyer's Ti~e Notice") of Buyer's disapproval or conditional approval of any matters shown in the Report or disclosed by the Survey. The failure of Buyer to give Buyer's Title Notice on or before the end of the Title Review Period shall be deemed to constitute Buyer's approval of the condition of rifle to the Property. If Buyer disapproves or conditionally approves any matter of title shown in the Report, then Seller may, but shall have no obligation to, within thirty (30) days after its recxipt of Buyer's Title Notice ('Seller's Election Period'), elect to eliminate or ~meliorate to Buyer's satisfaction the disapproved or conditionally approved rifle matters by giving Buyer written notice ('Seller's Title Notice') of those disapproved or conditionally approved rifle matters, if any, which Seller agrees to so eliminate or ameliorate by the Closing Date. If Seller does not elect to eliminate or ~meliorate any disapproved or conditionally approved rifle matters, or if Buyer disapproves 5eller's Tifie Notice, or if Seller fails to timely deliver Seller's Ti~e Notice, then Buyer shall have the right, upon delivery to Seller and Escrow Holder (on or before five (5) days following the expiration of Seller's Election Period) of a written notice, to either: (A) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (B) terminate this Agreement and the Escrow created pursuant hereto. Failure to take either one of the actions described in (A) and (B) above shall be deerned to be Buyer's election to take the action described in (A) above. If, in SeHer's Title Notice, Seller has agreed to either eliminate or ameliorate to Buyer's satisfaction by the Closing Date certain disapproved or conditior~n!ly approved rifle matters described in Buyer's Ti~e Notice, but Seller is unable to do so, then Buyer shall have th~ right (which shall be Buyer's sole and exclusive fight or remedy for such failure), upon delivery to Seller and Escrow Holder (on or before one (1) business day prior to the 9~ iz~86-O~X]OI Ij 1~91670.10 - 7 - I-F'FI--Z,..5--1g'zJc3 14:58 R I CHRRD5 bJN 15UN&UIF_I~bHUNb'( 4b r r, ~/,-~ Closing Dam) of a written notice to either: (x) waive its prior disapproval, in which event said disapproved matters shall be d~zTned approved; or (y) terminate tbi.~ Agreement and tl~ Escrow created pursuant hereto, in which event Buyer shall be cmified to the return of the D~posit, together with all interest accra~l thereon while in Escrow. Failure to take eitImr one of the actions described in (x) and (y) above shall bc deemed to be Buyer's election to t~ke the action described in (x) above. In the event this Agr~ment is terminate~[ by Buyer pursuant to the provisions of this paragraph 7(a)(ii), neither party shall have any further rights or obligations hereunder except that the indemnity and insurance obligations of Buyer set forth in Paragraph 7(a)(i)(A) above and the covenants of Buyer set forth in paragraph 22(a) below shall survive any such termination. (iii) Seller's Obligations- As of the Close of Escrow, Seller shall have performed all of the obligations required to be performed by Seller under this Agreement. (b) Conditions to Seller' s Obligations. For the benefit of Seller, the Close of Escrow shall be conditioned upon the occurrence or satisfaction (or Seller' s waiver thereof, it being agre~ that Seller may waive such condition) of the conditions that: (i) Buyer's Obligations. Buyer sh~ll have tin~ly performed all of the obligations require! by the terms of this Agreement to bc performeft by Buyer; and 8. Deposits by Seller. At least one (1) business day prior to th~ Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following documents anti instruments: (a) Grant Deed. Th~ Grant Deed, in the form artached hereto as Exhibit "C", duly executed by Seller and acknowledged; (b) Seller 's Certificate of Non-Foreign Stems. A certificate of non- foreign status in the form attached hereto as Exhibit "D" ("Firpta Certificate') as to the federal form, and Form FTB 590-RE, as to the state form, duly executed by Seller; (c) ~__~__. The original Lease; (d) Termination Acknowledgment. A Termination Acknowledgment ("Termination Aelmowledgment"), duly executed by Seller in the form attached hereto as Exhibit 'E" , pursuant to which Seller and Buyer shall acknowledge that Buyer's and Reeve's tenancies on the Property shall terminate upon the Close of Escrow; Contracts. Any and all original Contracts; 11086-00001 Ij 1491670.10 - 8 - ~E~-23-1999 14:58 RICH~RDS ~|~UN~U~NbHUNb'~ qor r.~o~ (f) Assignment of Contracts and Assumption3grecmcnt. An Assignment of Contracts and Assumption Agreement ("Assignment of Contracts"), duly executed by Seller, in the form attached hemto as Exhibit "F" , pursuant to which Seller shall assign to Buyer all of Seller's right, title and interest in, under and to the Contracts; and (g) Bill of Sale. A Bill of Sale ("Bill of Sale"), duly executed by Seller in the form attached hereto as Exhibit ?G", conveying all of Seller's right, title and interest in and to any personal property owned by Seller which is used exclusively in connection with the operation and/or maintenance of the Property. 9. Deposits by Buyer. Buyer shall deposit or cause to be deposited with Escrow Holder the Deposit which is to be applied towards the payment of the Purchase Price and the balance of the Purchase Price in the amounts and at the times set forth in Paragraph 3 above. In addition, Buyer shall deposit with Escrow Holder prior to the Close of Escrow the following documents and imtmments: (a) Termination Acknowledgment. Commferpart of the Termination Acknowledgment, duly executed by Buyer and Reeves; (b) Assignment of Contracts. Counterpart of the Assignment of Contracts, duly executed by Buyer; and Buyer. (C) Bill of Sale. Counterpart of the Bill of Sale, duly executed by 10. C_o_s_ts atxl Expe_nse_s. All costs of this transaction including, without limitation, title, escrow and transfer taxes shall be paid by Buyer. If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer and Seller shah share equally all of Escrow Holder's fees and charges. 11. Prorations. The following prorations shall be made between Seller and Buyer on the Close of Escrow, computed as of the Close of Escrow: (a) Taxes and Asse~ssments. Real and personal property taxes and assessments on the Property (to the extent same are not alrudy paid directly by Buyer) shall be prorated on the basis that Seller is responsible for (i) all such taxes for the FLscal year of the applicable taxing authorities occurring prior to the "Current Tax Period" (as hereinafter defined) and (ii) that portion of such taxes for the Current Tax Period determined on the basis of the number of days which have elapsed from the First day of the Current Tax Period to the Close of Escrow, inclusive, whether or not the same shall be payable prior to the Close of Escrow. The phrase "Current Tax Period" refers to the fiscal year of the applicable taxing authority in which the Close of Escrow occurs. In the event that as of the Close of Escrow the actual tax bills for the year or years in question are not available and the amount of taxes to be promted as aforesaid cannot be ascermit~, then rates and assessed valuation of the previous year, with known changes, shall be used, and when the actual amoum of taxes and 99(1222 ll0~--(0)01 li 1491070.10 - 9 - FEB-2~-1999 14:59 RICHARDS WR15UN&U~NSMUNbY assessments for the year or years in question shall be deterrfiinabl¢, then such taxes and assessments will be rcproratcd between the parties to reflect the actual amount of such uxcs and ass~smcnts. (b) Rcn~. Rent and other receivables under Buyer' s month-to- month tenancy of the Propert~ (collectively, "Rents~) shall be promud ~s of the Close of Escrow on the basis of a ~ (S0) day month and a u'tree hundred six~ (360) day year and shall be accounIed for ~s follows: Rents duc and collected in the month of the Close of Escrow shall bc prorated between Buyer and Seller. In the evcn~ Buyer is dclinquen~ in its rexUal payments at the Close of Escrow, Seller shall receive a credit at thc Close of Bscrow to cover any such delinquent rents. (c) Sccuri~ Deposit. Buyer shall be credited and Seller shall be charged with any sccufir/deposi~ in ~ amoun~ of Ten Thousand Dollars ($10,000) and advanced rentals in Xhc nature of a sccuri~ deposit made by Buyer under the Lease, if any. Buyer sluH also be credited, and Seller shall be charSod for all operafins cos~, pass-fin'oughs paid by Buyer and hcld by Seller in reserve for the bcnefii of Buyer for the repair and/or improvemere of the Property, if any. (d) Utilities. Gas, water, clecU4city, heat, fuel, sewer and other utilities and the operating expenses relating to the Property shall be prorated as of the Close of Escrow to that extent such items are not directly paid for by Buyer under Buyer's tenancy of the Property. If the parties hereto arc unable to obtain final meter readings as of the Close of Escrow then such expenses ~all be estimated as of the Close of Escrow on the prior operating history of the Property. At least one (1) business day prior to the Close of Escrow the parties hereto shall agree upon all of the prorations to be made and submit a statement to the Escrow Holder setting forth the same. In the event that any prorations, apportionments or computations made under this Paragraph 11 shall require final adjustment, then the parties hemto shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected adjustment or proration will be paid in cash to the party entitled thereto. 12. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, Escrow Holder shall promp~y undertake all of the following in the manner (a) Prorations__. Prorate all matmrs referenced in Paragraph 11 based upon the statement delivered into Escrow signed by the parties. Co) Recording. Cause the Grant Deed and any other documents which the parties hereto may mutually direct, to be recorded in the Official Records. FER-23-1999 14: 59 R ! CHIslRDS I, dlslTSONg.~I-t~SHUNb'r' '-+D r r, .L .-'/.~ (c) Funds... Disburse from funds depo sit~l by Buyer with Escrow Holder towards payment of all items chargeable to the account of Buyer pursuant hereto in payment of such costs, including, Without limitation, th~ payment of the Purchase Price to Seller, and disburse the balance of such funds, if any, to Buyer. (d) Title Policy. Direct the Ti~c Company to issue the Title Policy to Buyer. (e) Documents to Seller. Deliver to Seller counterparts of the Termination Acknowledgment, the AssiSnmcnt of Contracts and Bill of Sale executed by Buyer. (f) Documents tO Buyer. Deliver to Buyer the original Lease, the Contracts, the Firpta Certificate, Form FTB 590-RE, and counterparts of tl~ Termination Acknowledgment, the Assignment of Contracts and th~ Bill of Sale executexi by Seller. 13. Seller' s Representations and Warrantiei. In c~nsideration of Buyer entering into this Agreement ~ as an inducement to Buyer to purchase the Property from Sefier, Seller hereby makes the following r~pr~s~nta~ons and warranties to Buyer as of the date of this Agreement, each of which is material and bein~ relied upon by Buyer: (a) Authority.. Seller has the legal right, power and authority to enter into this Agreement and to consummate the transactions contcmplatexl hereby, and the cxe~-'ution, delivery and performance of this Agreement have been duly authorized and no other action by Seller is requisite to the vaiid and binding execution, delivery and perform_~nce of this Agreement, except as otherwise expressly set forth hcrein. Co) Forei~,n Person Affidavit. Seller is not a foreign person as defined in Section ! 445 of the Internal R~venue Code. (c) Contracts. To Seller' s actual knowledge, except for the Contracts and the doc~.~ments disclosed by the Condition of Ti~e or provid~ to Buyer, Seller has entered into no service or m~intcnance contracts affecting the The "actual knowledge" of th~ Seller, as used in this Paragraph 13, m~ns the actual, present knowledge of Shawn NeLson as of the date of this Agreement, without any investigation or inquh'y of any kind or nature whatsoever. 14. Buyer' s Covenants, Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following covenants, representations and warranties, each of which is material and is ~eing relied upon by Seller: -11- 990222 1103(PO0001 |j 1491570.1 O FEB-23-1999 14:59 RICHARDS WATSDN~ULNSMUNbY (a) AuthoriW. Buyer has the legal right, power and authority to enter into t~his Agreement and to consummate the trnnsactions contemplated hen:by, and the execution, delivery and pefforman~ of this Agreement have been duly authorized and no other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth' herein. Cn) Seller' s Environmental Inquiry. Buyer acknowledges and agrees that the sole inquiry and investigation Seller has conducted in connection with the environmenial condition of the Property is to ob~_~in the certain environmental report(s) described in Exhibit 'H" attached hento, and that, for purposes of California Health and Safety Cede Section 25359.7, Seller has acted reasonably in solely relying upon said inquiry and investigation. (c) As Is. Buyer is acquiring the Property *AS ISM without any representation or warranty of Seller, express, implied or statutory, as to the nature or condition of or title to the Property or its fitness for Buyer's intended use of same. Buyer is, or as of the expiration of the Contingency Period will be, familiar with the Property. Buyer is relyi-~ solely upon, and as of the expiration of the Contingency Period will have conducted, its own, independent inspection, investigation and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from Seller, including, without limitation, an analysis of any and all matters concerning the condition of tlm Property and its suitability for Buyer's iraended purposes, and a review of all applicable laws, ordinances, rules and govermnental . regulations (including, but not limits! to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property. Without limiting the generality of the foregoing, Buyer hen:by expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whetl~r known or unknown, with respect to any past, present or future presence or existence of 'Hazardous Materials* (as herein def'med) on, umler or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereafter enacted, regulating or governing the use, handling, storage or disposal of Hazardous Materials, including, without limitation, (i) any and all rights Buyer may now or hereafter have to seek contribution from Seller under Section 113(f)(i) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 ('CERCLA"), as amended by the Superfired Amendments and Reauthorization Act of 1986 (42 U.S.C.A. §9613), as the same may be further Amended or replaced by any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter-Presley-TAnner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 e.!t _Seq.), as the same may be further amended or replaced by any similar law, rule or regulation, (iii) any and all claims, whether known or unknown, now or hcreafter existing, with respect to the Property under Section 10'/of CERCLA (42 U.S.C.A. §9607); and (iv) any and all claims Buyer may now or herr, after have, whether known or unknown, now or hereafter existing, based upon 9~J/~22 Ilia1 Ij i491670.10 - 12 - nuisance, trespass or any other common law or statutory provision. As used herein, the term 'Hazardous Material(s)" includes, without limitation, any hazardous or toxic materials, substances or wastes, such as (A) those materials identified in Sections 66680 through 66685 and Sections 66693 through 66740 of Title 92 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time, (B) those materials deftned in Section 255010) of the California Health and Safety Code, (C) any materials, substances or wastes which ar~ toxic, ignitable, corrosive or reactlye and which are rcgulatext by any local governmental authority, any agency of the state of Cslifornia or any agency of the United States Government, (D) asbestos, (E) petroleum and petroleum based products, (F) urea form__aldehydc foam insulation, (G) polychlorinated biphenyls (PCBs), and (H) fleon and other chloro~uorocarbons- In addition, notwithstanding any other provision to the contrary in this Agreement, nothing in this Agreerncnt shall limit, restrict or curtail any obligation of Buyer to (i) indemnify, protect and hold harmless Seller from a loss arising out of the environmental condition of the Property or (ii) any obligation to remediate the environmental condition of the Property. BUYER ~Y ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CAI .IFORNIA CIVIL CODE SECTION 1542 ('SECTION 1542'), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE ttF. I.FASE, WHICH IF KNOWN BY I-HM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ' BY INITIALLING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUB.IECT OF THE FOREGOING WAIVERS AND RF, I ,~ASES: Buyer's Initials The waivers and releases by Buyer herein contained shall survive the Close of Escrow and the rccordation of the Grant Deed and shall not be d~emed merged into the Grant Deed upon its recordation. (d) Limitation on .Sellcr's Liability. Buyer represents and covenants that Seller shall not have any liability, obligation or respons~ility of any kind with respect to the following: (i) The content or accuracy of my report, study, opinion or conclusion of any soils, toxic, environmental or other engineer or other person or entity who has examined the Property or any aspect thereof; 9c~O222 II0g6.a30ot !j 1491670.10 - 13 - FEB-~]-1999 15:00 R~CH~RDS W~TSON~GERSHON6? 4br ~.~o~o~ (ii) The content or accuracy of any information released to Buyer by an engineer or planner in connection with the development of the (iii) The availabilitY of building or other permits or approvals for the property by any state or local governmental bodies with jurisdiction over the Property; (iv) The availability or capacity of sewer, water or other utility connections to the Property; (v) Any of the items delivered to Buyer pUrSUant tO Buyer's review of the condition of the Property; and (vi) The content or accuracy of any other development or construction cost, projection, f'mancial or marketing ~nslysis or other information given to Buyer by Seller or reviewed by Buyer with respect to the 15. LIOUIDATED DAMAGES., IF BUYER COMMITS A DEFAULT UNDER THIS AGREEMENT, THEN IN ANY SUCH EVENT, THE ESCROW HO_Lr~ER MAY BE INSTRUCTED BY SELLER TO CANCEL THE ESCROW AND SELLER SHALL THEREUPON BE RELEASED FROM ITS OBLIGATIONS HEREUNDER. BUYER AND SELLER AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXIS~NG, KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREM~:-I-Y DIFFICULT TO ESTABLISH SELLER'S DAMAGE BY REASON OF BUYF~'S DEFAULT UNDER THIS AGREEMENT. ACCORDINGLY, BUYER AND SELLER AGREE THAT IN THE EVENT OF DEFAULT BY BUYER UNDER THIS AGREEMENT, IT WOULD BE REASONABLE AT SUCH TIME TO AWARD SELLER, AS SELLER'S SOLE AND EXCLUSIVE REMEDY AT LAW, "LIQUIDATED DAMAGES" EQUAL TO THE DEPOSIT. THEREFORE, IF BUYER COMMITS A DEFAULT UNDER THIS AG~T, SELLER MAY INSTRUCT THE ESCROW HOLDER TO CANCEL THE ESCROW WHEREUPON ESCROW HOLDER SHALL IMMF. DIATELY PAY OVER TO SEIj. J~ THE LIQUIDATED DAMAGES, IF HELD BY ESCROW HOLDER, AND SFJ ,T .~':R SHALL BE RELIEVED FROM ALL OBLIGATIONS AND LIABILITIES HEREUNDER, AND, PROMPTLY FOLLOWING ESCROW HOLDER'S RECEIFr OF SUCH INSTRUCTION, ESCROW HOLDER SHA! .T. CANCEL THE ESCROW. NOTHING IN THIS PARAGRAPH 15 SHA!J- (i) PREVENT OR pRECLUDE ANY RECOVERY OF ATTORNEYS' FEES OR OTHI:-R COSTS INCURRED BY SELLER pURSUANT TO pARAGRAPH 20 HEREOF OR (ii) IlVIPAIR OR T JMIT THE EFFECTIVENESS OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATIONS OF BUYER CONTAINED IN PARAGRAPHS 7(a)(i)(A) AND 23 tIEREOF. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS - 14- 990222 1108t~)0001 lj 149167~.1 o FEB-23-1999 15:01 RICHRRDS WRTSON~GERSHON6? 4bY ~.lb/~ PARAGRAPH 15 AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS. Sellcr's Initials Buyer's' Initials 16. WAIVER OF RIGHT TO SPECIFIC pERFORMANCE. IF SFJ,LER SHALL FAIL TO CONVEY THE PROPERTY TO BUYER IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT, AND SUCH FAILURE CONSTITUTES A DEFAULT HEREUNDER, THEN BUYER SHALL BE ENTITLED TO THE RETURN OF THE DEPOSIT AND ALL INTEREST ACCRUED THEREON WHILE IN ESCROW BUT BUYER SHAI .I . N_OX HAVE THE RIGHT TO RECEIVE ANY EQUITABI.F- RELEF, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO RECORD A LIS. PENDENS AGAINST THE PROPERTY UNDER APPLICABLE LAW, OR TO PURSUE THE SPECIFIC pERFORMANCE OF THIS AGI~_F.F. MENT, BUT SHALL HAVE THE RIGHT TO PURSUE AN ACTION FOR DAMAGES AGAINST SELLER RELATIVE TO SUCH DEFAULT. SELLER AND BUYER ACKNOW! .EDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH 16 AND BY THEIR INITIALS IMMEDIATFJ-Y BF.I.OW AGREE TO BE BOUND BY ITS TERMS. Sellcr's Initials Buyer's Initials 17. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any casualty to the Property or any condemnation proceed~ commenced prior to the Close of Escrow. If any such damage or proceeding relates to or may result in the loss of any material portion of the Property, Seller or Buyer may, at their option, elect either to: (i) terminate this Agreement, in which event all funds deposited into Escrow by Buyer shall be returned to Buyer and neither paxty shall have any further fights or obligations hereunder, or (ii) continue the Agreement in effect. If Buyer continues the Agreement in effect in the case of damage to a material portion of the Property or in the case of condemnation to a material portion of the Property or if the casualty or condenmation affects a non-material portion of the Property, then upon the Close of Escrow, Buyer shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding relating to the Property which Seller is entitled to receive or which Seller has received and there shall be no adjustment to the Putchase Price. Notwithstanding the foregoing, in no event shall Buyer be entitled to receive any rental loss insurance proceeds or business interruption insurance proceeds attributable to the period prior to the Close of Escrow. For purposes hereof, the term 'material portion of the Property' shall mean any portion of the Property, the reasonable cost or repair of which exceeds Three Hundred Thousand Dollars ($300,000.00). 18. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of 990~2 i1086-00001 lj l~gXOTO. I 0 - 15 - FEB-23-1999 15:01 RICH~RDS W~TSON&GERSHON6? 4or ~.l~o~ delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the dam of posting by the United States post office, (iii) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (iv) if given by telex or telecopy, when sent. Any notice, request, demand, direction or other communication sent by cable, telex or telecopy must be confirmed within forty-eight (48) hours by letter mailed or deliver~l in accordance with the foregoing. To Buyer: Ray Richardson Richardson R.V. Centers, Inc. 10717 Indi_n__na Avenue Riverside, CA 92503 Telephone: (909)354-2288 Telecopy: (909)687-1870 With a copy to: Fred D. Grimes WestMar Commercial Brokerage, Inc. 27311 Jefferson Avenue, Suite 103 Temecv_!a., CA. 92590 Telephone: (909)676-7177 Telecopy: (909)699-0048 FEB-23-1999 15: 01 R I CHARDS W~41WUN~b~-NbMUMb'r To Seller: Executive Director City of Temecula 43200 Business park Drive Post Office Box 9033 Temecula, C.alifomia 92590-9033 Telephone: (909) Telecopy: (909) 694-1999 With a copy to: Riehards, Watson & C-ershon Peter M. Thorson, Esq. 333 South Hope Street, 38th Floor Los Angeles, California 90071 Telephone: (213)626-8484 Telecopy: (213)6264)078 To Escrow Holder: First American Title Insurance Company 323 W. Court Street San Berrmrdino, California 92401 Attention: Ms. Lee Ann Ariains Telephone: (909)889-0311 Telecopy: (909)384'8~'~'~' Notice of change of address shall be given by written notice in the manner detailed in this Paragraph 18. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. 19. Brokers. The parties hereto acknowledge and agree that Seller shall not be obligatecI to pay to any real estate brokerage commissions with respect to this tr~__n.v~ction. The parties further acknowledge tlmt Buyer is obligated to pay a real estate brokerage commission in an mount equal to 3 % of the Purchase Price to WestMar Commercial Brokerage, Inc. which is located at 27311 Jefferson Avenue, Suite 103; Te-~mecula California 926590. If any claims for brokers' or tintiers' fees for the conw_:mtnation of this Agreement arise, then Buyer hereby agrees to indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement or representation or agreement by Buyer, and Seller hereby agrees to indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller. 20- LeRal Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the pan of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by fmal judgment, or out of court settlement shah be entitled to have and mover of and from the other party all costs and expenses of suit, including actual 990~,22 11086-GG001 lj 1491670.10 FEB-2~-iSSS 15:02 RICHARDS WAI5UN~btKbMUNbr attorneys' fees. Any judgment or order entered in any final judgment shall co_nfain a specific provision pwviding for the recovery of all costs and expenses of suit, including actual attorneys' fees (collectively "Costs") incurred in enforcing, perfecting and executing such judgment. For the purposes of this paragraph, Costs shall include, without limitation, attorneys' fees, costs and expenses incurred in the following: (i) postjudgment motions; (ii) contempt proceeding; (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankntptcy litigation- 21. Assignment. Buyer shall not assign, tra..nsfer or convey its rights and/or obligations under this AgreelIlent axtd/or with respect to the Property without the prior written consent of Seller, which consent Seller may withhold in its sole, absolute and subjective discretion. Any attempted assignment without the prior written consent of Seller shall be void and Buyer shall be deemed in default hereunder. Any permitted assignments shall not relieve the assigning party from its liability under this Agreement. 22. Miscellaneous. (a) Fee~. Notwithsmding any other provision to the contrary in this Agreement Buyer shall be rgsponsible for and shall pay all costs incurred in connection with the Escrow and the sale of the Property, including, without limitation, Escrow and title fe~s and costs, Seller's legal fees and expenses, and all other closing costs, which costs shall be subject to the approval of Buyer, which approval shrill not be unreasonably withheld. (b) Survival of Covenants. The covenants, representations and warranties of Buyer set forth in this Agreement shall survive thg recordation of the Grant Deed and the Close of Escrow and shall not be deemed merged into the Grant Deed upon its recordation. The covenants, representations and warranties of Seller set forth in this Agreement shall survive the recordation of the Grant Degd and Close of Escrow for a period of six (6) months. (c) Requir~ Actions o_f Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as _may be requLred in order to consummate the pumhase and sale herein contemplated and shall use good faith efforts to accomplish the Clog of Escrow in accordance with the provisions hereof. (d) Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. All references herein to a particular time of day shall be deemed to refer to Los Angeles, California time. (e) Counterparts., This Agreement may be executed in multiple counterparts, each of ~thich shall be deemed an original, but all of which, together, shall constitute one and the same instrument. (f) Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely' for the convenience of the parties hereto, 9,xy222 uos~-uuuoi ~ s491ayo.~ o - lg - FEB-~-1999 15: 0~ R I CHF~RDS WF~TSON~GFR~HUNbY ~o r r. ~ ~ are not a part of this Agreemere, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (g) No Obligations to Third Parties. Except as otherwig expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto. ea) Exhibits. The Exhibits attached hereto arc hereby incorporated herein by ,_his reference for all purposes. (i) Amendment to this AEr.eement- The terms of this Agreement may not be modified or amended except by an instrumem in writing executed by each of the parties hereto. O) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (k) Applicable Iaw. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, (1) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. (m) Partial Invalidity. If any portion of thi.~ Agreement as applied to either party or to any circumstances shall be adjudged by a court to be void or unenforceable, such portion shall be deemed severed from this Agreement and shall in no way effect the validity or enforceability of the rem_aining portions of this Agreement. (n) Successors and Assigns. Subject to the provisions of Paragraph 21 hereof, this Agreemere shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. (o) Business Days. In the event any date described in this Agreement relative to the performance of actions hereunder by Buyer, Seller and/or Escrow Holder falls on a Saturday, Sunday or legal holiday, such date shall be deemed postponed until the next business day thereafter. (p) Interpretation and Comtruction. The parties agree that each party has reviewed and revised this Agreement and have had the oppo~mlty to have their counsel and real estate advisors review and revise this Agreement and that any - 19- 9902:12 llOgM}OOOt b 1,~16'~.10 FEB-25-1999 15:02 RICHARDS WATSON~GERSHON6? 4b'r rule of construction to the effect that nmbiguitics arc to be r~solve. d against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine:. and singular nuraber includes the plural, and the words "person" and "party" ir~lude corporation, partnership, fn'm. trust, or association where ever the context so requ~s. (q) City Manager AuthOrity. The City Manager of the City of Texnecula is hereby directed and authorized to execute such other documents, including without limitation, amendments to this Agreement, certificates of acceptance, exhibits or certifications, as may be nec~ssaI3r or convenient to implement the terms of this Agreement. IN WITNESS WHEREOF, the parties hemto have execut~cl this Agreement as of the day and year first written above. [SIGNATURES FOI LOW] - 20 - ~ IIo~oooI lj 14916'/0.10 FEB-23-1999 15:02 RICHRRDS WRTSON~GERSHON6? 4b'r "Buyer" Raymond T. Richardson Linda A. Richardson By' Steve M. Richardson By: Carol D. Richardson Mark A. Richardson "Seller" Approved as to form: Anita L. Richardson Rcdevelopment Agency of thc City of Temecula By: ATTEST: By: Secretary Agency Coum~l -21 - 9~Jo22211gl~l~t~0A0 FEB-~-1999 15:0~ RICH~RDS W~TSON&GE~HUN~Y 4~r ~.~oza~ Acceptance by Escrow Holder: First American Tifie Insurance Company hereby acknowledges that it has received originally executed counterparts or a fully executed original of the foregoing Agreement of Purchs~ and Sale and Joint Escrow Instructions and agrees to act as Escww Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: , 1999 First American Title Insurance Company By: Prim Name: Its Authorized Agent ~ tlOa6al]01 [i t~.91670.10 - 22 - FEB-~-1999 15:0~ RICHARDS WAT~UN~U~NSMUNbY LEGAL DESCRIPTION OF PROPERTy [To Be Supplied] EXHIBIT "A" FEB-~-1~99 15:0~ RICH~RDS W~|~UN~b~bMUNbY ACKNOWLEDGEMENT OF SUBLEASE This Acknowledgemere of Sublease (this "Acknowledgemerit") is entered into effective as of March , 1999 by and among the Redevelopmerit Agency for the City of Temccula (the "Agency"';), (i) Richardson R.V. Centers, Inc., a California corporation ("Richardson"), (ii) Raymond T. Richardson and Linda A. Richardson husband and wife as tenants in common, Steve M. Richardson and Carol D. Richardson, husband and wife as tenants in common, and Mark A. Richardson and Anita L. Richardson, husband and wife as tenants in common (collectively, "Buyer"), and (iii) Donna L. Reeves, as Trustee of the Donna L. Reeves Trust dated July 25, 1990 ("Reeves") with respect to the following facts: A. On J_a__nuary 2:5, 1994 Re~ves and the Agency emered into that certain Leag Agreement (the "Lease") for the real property located generally at 27500 Jefferson Avenue, Temecula, California (the "Property"). B. The Lease was mended by (i) that cet'!_a_in Amendment No. 1 to Lease Agreement dated January 12, 1994, (ii) that certain AmeBdment No. 2 to Lease Agreemere dated January 20, 1994, (iii) that certain Amendment No. 3 to Lease Agreement dated March 31, 1995, and (iv) that cert_ain Amendment No. ~, to Lease Agreement dated March 26, 1996; (v) that certain Amendment No. 5. to Lease Agreement dated July 9, 1996, and (vi) that certain Amendment No. 6. to Lease Agreement dated July 24, 1997 (collectively, the "Amendments"). C. On November 3, 1998 Richardson and Reeves entered into an Agreement of Sublease where Richardson agreed to sublease the Property from Reeves on certain terms and conditions (the "Sublease"). D. Section 6 of the Sublease purports to assign Richardson an option to purchase the Property from th~ Agency in place and stead of P,e, ves. E. The Agency desires to approve Section 6 (and only Section 6) of the Sublease on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the Recitals which axe incorporated herein by this reference, the parties hereto agree as follows: ~ no~,-o00ox ,j ~,gx~sTo. t o EXHIBIT "B" FEB-25-1999 15:05 RICHARDS WATSON~GERSHON69 ~67 P.2~/58 1. Assigranent- Subject to the terms and conditions of Sections 2 and 3 below, the Agency approves Section 6 (and only Section 6) of the Sublease. 2. Reeves Liability to Agency. Notwithst. snding any other provision to the contrary in the I.e, ase,'as a_mendcd by the Amendments, or any other written insre!merit between the Agengy and Reeves, this Aclcnowledgement shall not modify, limit, cubnil, releas~ or restrict any obligation of Reeves in respect of the Agency, ira:hiding, without limitation, obligations for indemnifmation, defense or protection in respect of the environmental condition of the Property or the existence of Hazardous Materials (as defined hen:in) on the Propcity. 3. Richardson Liability to Agcncy. Notwithstanding any other provision to the contrary in the Lea~, as mended by the Amendments, or any other written instn~ment baween the Agency and Richardson, this Acknowledgemerit shnll not modify, limit, curtail, release or restrict any obligation of Richardson in respect of the Agency, including, without limitation, obligations for indenmificntion, defens~ or protection in respect of the environmental condition of tl~ Prol~rtY or the existence of Hazardous Materials on the Property. 4. Hanrdous Substances. The term Hazardous Materials includes, without limitation, any hazardous or toxic materials, substances or wastes, such as (A) those materials identified in Sections 66680 through 66685 and Sections 66693 through 66740 of Ti~e 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time, (B) those materials defined in Section 25501 (j) of the California Health and Safety Code, (C) any materials, substances or wastes which are toxic, ignitable, corrosive or reactire and which are regulated by an)' local govern__mental authority, any agency of the state of California or any agency of the United States Government, (D) asbestos, CE) petroleum and petroleum based products, (F) urea formaldehyde foam insulation, (G) polychlorinated biphenyls (PCBs), and CrI) freon and other chloro~uorocarbons. 4. Miscellaneous. (a) Applicable Law. This Agreement shall be governed by and construed and enforced in acco~a-~ with the laws of the State of California. 99~__--XxO86-/mOl~l~916~.XO EXHIBIT "B" FEB-23-1999 15:03 RICHRRDS ~RTSON~GERSHON6? 467 P.27/30 (b) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hemto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is ill writing and executed by the party to be bound thereby. (c) Partial Invalidit]t_. If any portion of this Agreement as applied to either party or to any 'circ~_!mst_ances shall be adjudged by a court to be void or unenforceable, such portion shall be deemed sevcred from this Agreement and shall in no way effect the validity or enforceability of the remaining portions of this Agreement. (d) Successors and Assigns. Subject to the provisions of paragraph 21 hereof, this Agreement shall be billdillg upon alld shall illtire to the benefit of the succez, sors and assigns of the parties hereto. (c) Interoretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opporUmity to have their counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved agaivt~t the drafting party shall not apply ill the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" illuric corporation, partnership, f'am, trust, or association where ever the context so requires. IN WITNESS WI4F-REOF the paxties hereto have executed this Acknowledgmem as of the date first written above. (SIGNATURES FOLLOW) ~ noss-omm ti z49xsvo. 1 n EXHIBIT "B" FEB-23-1999 15:04 RICHRRDS WRTSON&GERSHON6? 46? 'Agency" Redevelopment Agency of the City of Temecula By: Executive Director ATTEST: S~retary Approved as to form: Agency Counsel EXHIBIT "B" 11086-00001 Ij 1491670.1 o FEB-25-1999 15:04 RICHARDS WATSON&GERSHON6? 4b'r M.~/~ "RP.~VeS" Donna L. Reeves UT 7-25-90 By: Print Naum: Pt4mt Title: "Richardson" By: Richardson R.V. Centers, Inc. By:, Its:_ By: ItS: EXHIBIT "B" 990222 ll081~OOOl Ij 1491670.10 FEB-23-1999 15:04 RICHRRDS WRTSON&GERSHON6? 4b'r ~.~zo~ "Buyer" By: Raymond T. Richardson By: Lirata A. Richardson By: Steve M. Richardson By: Carol D. Richardson Mark A. Richardson Anita L. Richardson ~222 11086,.Ix]~01 Ij 14916~0.10 EXHIBIT "B" ITEM 10 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council .~usan W. Jones ity Clerk/Director of Support Services March 2, 1999 Planning Commission Appointments RECOMMENDATION: Appoint one applicant to serve an unexpired term which will expire June 4, 2000. BACKGROUND: Due to the resignation of Marcia Slaven, there is an unexpired term which will expire on June 4, 2000. The unexpired term was advertised and posted in accordance with the City Council's adopted policy and procedure for making appointments and reappointments. The applications received were forwarded to the Council Sub-committee consisting of Mayor Ford and Councilmember Comerchero. After review of the applications, Councilmember Comerchero recommends the appointment of Linda Fahey, and Mayor Ford recommends the appointment of either Linda Fahey or Alan Shaw. ATTACHMENT: Copies of Applications for Appointment R:iAGENDA REPORTStAPPOINTMENT PLANNING COMMISSION. DOC 2/23/99 Check one: r~,r-,vcU I'~_iJ CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula, X X Planning Commission Community Services Commission PubliclTraffic Safety Commission 1999 NAME: Darrell L. Connerton 31618 Corte Rosario ADDRESS: HOME PHONE: (909) 693-9103 YEARS RESIDENT OF TEMECULA 4 TemecuLa, CA 92592 WORK PHONE: (909) 693-1994 OCCUPATION: Consultant in the Construction Industry EMPLOYER NAME: Darrell L. Connerton, Consulting & Construction EMPLOYER ADDRESS: 31618 Corte Rosario Temecula, CA 92592 E~UCA TIONAL BACKGROUND/DEGREES: High School, Schools associated with Construction. I have a California Contractors "B" Lice.nse. Mgmt. UST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: Member of the Cultural Arts Master Plarf Project Committee. Presently serving on the Plubic/fraffic Safety Commission. ORGANIZATIONS TO WHICH YOU BELONG:(Professional, technical, community, service): International Conference of Building Officials (ICBO) American Society of Professional Estimators (ASPE) BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BEUEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I wis to server on the Planning Commission to help continue the direction and quality of growth the City of Temecula has experienced in the past 9 years. I feel I am qualified because of problem solving methods used during my construction experience (OVER) I Understand that y or all information on this form may be verified. I consent to the release atlo or p~ purposes DATE: ,,~ ~ ~ Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions%Application for vanous Commissions I am a second generation construction person, who'has built or has managed many construction projects in residential, commercial, industrial and office building types. I have been involved in many aspects of governmental agencies during the processing of new construction, rehabilitation of buildings, which includes historical type of buildings. I am a Consultant in the construction industry for construction defectlitigation support and have served as an expert witness in over 150 cases involving residential, office and commercial types of construction, representing over $250 million in claims. Check one: CITY OF TEMECULA APPuCATION FOR APPOINTMENT TO CO .... ~IISSION Planning Commission __ Community Services Commission __ PubliclTraffic Safety Commission NAME: ?n c~ tD ~ 14 I-t ~: ~r,J_r-) YEARS RESIDENT OF TEMECULA 5 k~¢> . ADDRESS: HOME PHONE: OCCUPATION: EMPLOYER NAME: .~o~_..O } IN, Ir..c, C~'_~L.tt:z.7 =to't o r, clct · tt?-/,, WORK PHONE: EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): IEFLY STATE ~Y YOU ~SH TO SER~ ON THIS COMMISSION, ~D ~Y YOU B~ YOU ~ QUALIFIED FOR THE POSITION. BE SPECIFIC (Use add~ional paper ~ necesg~): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: "'~? A. J~ u.~ ~ DATE: 2/s/c PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 O.__R Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Application tbr Appointment to Commission http:// v.ci.temecula.ca.us/cityhall/clerk/commission_app.htm RECEIVED FEB - ~ ~9~~ CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Reside. nt of the City of Temecula. Check one: v~Planning Commission __ Community Services Commission __ Public/Traffic Safety Commission YEARS RESIDENT OF TEMECULA ADDRESS: HOME PHONE: WORK PHONE: OCCUPATION: EMPLOYER NAME: EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: 1 of 3 9/18/98 7:58 PM Application for Appointment to Commission http:// 'v.ci.temecula.ca.us/cityhall/clerk/commission _app.htm LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): 2 of 3 9/18/98 7:58 PM Application t~r Appointment to Commission http://' 'v.ci.temecula.ca.us/ci.tyhall/clerk/commission_app.htm I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. / · /~~-~ ~~ ~ ~ ~ ~: ~g - ~/- E: pplications will b~pt on file for consideration of future vacancies. RETURN TO Temecula City Hail. Main Page 3 of 3 9/18/98 7:58 PM 30195 Del Rey Road Gille Jeannien Temecula, Ca. 92591 Phone 909) 506-5833 Fax (909) 506-3963 February 4, 1999 Temecula City Council 43200 Business Park Circle Temecula, Ca. 92589-9033 Gentlemen: I again welcome the opportunity to apply for an appointed position serving the City of Temecula. My application for the Planning Commission, and my resume of community service are attached hereto. In seeking your support for my appointment I would like you to consider the following points: 1. My 12 years of conunity service, from a local to a national level. 2. My experience and exposure to the land use decision process 3. My experience in crafting compromises among diverse interests 4. My experience in working with elected officials, bureaucracies and the general public 5. My availability, my sincere desire to serve and my tenacity In my previous life I was the Administrative Assistant to the Director of Architecture for Leadership Homes in Newport Beach, and then advanced to Director of Merchandising for Braewood Development Corporation in Beverly Hills. I understand development and I respect the natural environment. I am a mature, hard working, honest, fair minded person with a strong desire to serve my community. I hope you will give me the opportunity to do so. I thank you for your consideration, and will look forward to heating from you. Yours truly, Attachments Check one: CITY OF TEMECULA APP-,CATION FOR APPOINTMENT TO CO...AISSION Qualification Requirement: Resident of the City of Temecula. Planning Commission __ Community Services Commission . Public/Traffic Safety Commission NAME: P~docrt '~ark" Katan YEARS RESIDENT OF TEMECULA l0 ADDRESS: 30054 C~rte Cantra, HOME PHONE: 909-699-9305 Temecula, CA 92591 WORK PHONE: OCCUPATION: EMPLOYER NAME: Retail Store Mana.ernent EMPLOYER ADDRESS:UncraPIoyed EDUCATIONAL BACKGROUND/DEGREES: A~S. DcBrcc Marketing Mid-M_aaBcment Grossmont College, El Cajon, CA 92020 LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMI'I'rEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): Temecula Sister Cities Association Director Temecula Valley People Helping People Board Member BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BEUEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I feel I'm qualified because I care what happens in the city of Temecula, I'm informed on events and issues and I'm involved in the community. I've seen Temecula grow in the last ten years and think by listening to the community and recommending sound plans we can continue to see positive growth in the city. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. PLEASE NOTE: Ar~pli s wi l be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 r:.~im~isxappfofrn.loc ! Check one: CITY OF TEMECULA APPL.,CATION FOR APPOINTMENT TO COi,..vlISSION Qualification Requirement: Resident of the City of Temecula. ""~-04.9' t/'/planning Commission Community Servk?~'i C~mission ' RCVD __ Public/Traffic Safety Commission ADDRESS: HOME PHONE: YEARS RESIDENT OF TEMECULA WORK PHONE: OCCUPATION: r_~p__. ~:>~LTT- EMPLOYER NAME: C.- | T'-/OF EMPLOYER ADDRESS: 4'2-'cj "5. EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CiTY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): B~EFLY STATE ~ YOU ~SH TO SER~ ON THIS COMMISSION, ~D WHY YOU BEU~ YOU A~ QUALIFIED FOR THE POSITION. BE SPECIFIC (Use add~ional paper ~ necessa~): of this information for public information purposes. ~w SIGNATURE: } ' j(./(~' DATE: 2--/~/ PLEASE NO, ill be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COI~Ld~iJU31N)A09: 1 I RCVD Check one: Qualification Requirement: v//Planning Commission Resident of the City of Temecula. __ Community Services Commission HOME PHONe: Z~C//~ '~ Public/Traffic Safety Commission YEARS RESIDENT OF TEMECULA ~ ~t/t/q.p WORK PHONE: OCCUPATION: ~'en~or 'TFa~ n ,,~ r. /t~,~..Te,.- EMPLOYER NAME: pL/f,t./'}/0rk Z~ f~ EMPLOYER AODRESS: ?~}to Li,n, v,.rs, l/6-"/',-/-,""' EDUCATIONAL BACKGROUND/DEGREES: ~,,,,,,- coa,a,- c~,,,-, I,,~ / Po~,.,-,t,,,. Coll,.~e-ci~,t,,,d F,.~^,,d [o,,s,jt,d (cL. Fc) lu~so "co,s.,s -~*,~s 63 LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: Pa,..s~,ll, %.,,sJ,j' o~,,;~ -c/,,..,,-,,,.,., of -2-.,,,,~/o,.,,-,-,,,,. - La-F 3),e-,,- ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): -~',,~,-~'x ocr p~o,c..,.,,,.L/F,.,-.,,:,.~.C~,-,,,.., (a,.,.,,.,.. ~o~,.ty og CLu,~) BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BEUEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): of this information for public information purposes. Return to: City Clerk's Office, 43200 Business Park Drive (909) 6944~ OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commlssions~Application for various Commissions Check one: CITY OF TEMECULA APP-,CATION FOR APPOINTMENT TO CO, .... dSSION Qualification Requirement: ~ Planning Commission Resident of the City of Tq~e~mla9 9P 12: 48 R'i"']" Community Services Commission Public/Traffic Safety Commission NAME: ALAN SHAW ADDRESS: 30655 DEPORTOLA ROAD HOME PHONE: 909-302-0841 OCCUPATION: BUSINESS OWNER EMPLOYER NAME: D.N.A. ENTERPRISES, L.L.C. EMPLOYER ADDRESS: 28780 FRONT STREET, SUITE EDUCATIONAL BACKGROUND/DEGREES: ASSOCIA'IE KANSAS STATE UNIVERCITY--BUSiNESS MANAGEMENT AND THE PAST 25 YEARS TO SUPPLEMENT MY BUSINESS YEARS RESIDENT OF TEMECULA 7 WORK PHONE: 909-506-1561 5, TEMECULA, CA. DEGREE-BUSiNESS MANAGEMENT, PLANNING SEMINARS OVER ACTIVIES. LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, communit , service): BOARD OF DIRECTORS/AMERICAN CANCER SOCIETY--CHAMBER OF COMMERCE/~A~ AND HEANS COHM~TE--EE?:ER ~USI~ESS ~UREAU--CO-FOUNDER ~EER5 ~AR-~-QUE/AHE~CAN CANCER 50Ci~TY BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): THE PLANNING CO~v~lZSiON POSITION OFFERS ME 'f,r-lE OFPORTUNI'fY 'fO GIVE SOUND COMMUNITY PLANNING AND DIRECTION FOR OUR CITIES FUTURE. I OFFER GOOD CO~'~(ON SENSE IDEAS TO THE PLANNING NEEDS OF TEMECULA? HAVING LIVED HERE 7 YEARS. 'iHE FUTURE OF TEMECULAS GROWTH WILL BE DETERMINED BY tHE PLANNING COMMiSIONS INPUT TO THE CITY COUNCIL. I understand that any or all information on this form may be verified. I consent to the release atlon PLEASE NOT s will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 r:.'~xxnmis~opform. ioc Check one: I~C, bh,,IVI-U FEB CITY OF TEMECULA APPL. jATION FOR APPOINTMENT TO CO~,..,,ISSION 1999 Qualification Requirement: Resident of the City of Temecula. Planning Commission Community Services Commission Public/Traffic Safety Commission NAME: O,/:)t,/l 0 ~ _,,%"'1"',6',6"J-~"' YEARS RESIDENT OF TEMECULA / ADDRESS: 3 2 11 HOME PHONE:('c/~/ OCCUPATION:/~c'/~,/;~;/ EMPLOYER NAME: /(///~) EMPLOYER ADDRESS: /(/'//~r EDUCATIONAL BACKGROUNDIDEGREES:~ .t~ ~/ f /Z. ~--A/~'/,t/c"'Ef~ / ,V'<~ LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): t~nt~. CoNCl~erfS S~ll~u~Y,~ ~ BPJEFLY STATE Wt-IY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BEU_m/E YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): ~f~ Ba t~ pl~tz'f o/~ 'fd~ FuTuteE p~u~',~oP mE~ar at=: q~la I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 O__~R Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 r:~mmis~pform, loc FEB 09 ~99 05:l~PM PALOMAR ADMIM FEB-.~I-S; 1~:~ ';rum:CITY O; c~ OF ~ME~ ~p~ON FOR ~~MENT TO COMMIE~I~ one: ,~lanning CAmmission Community Servi=es Curemission __ PublidTraffi; Safety Commission YEARS RESIDENT OF TEMECULA WORK PHONE:. 'LIST ANY li'iOE COUNTY OR OTHER cITy BOARD. cOMMITlEE OR'COMMiSsioN-ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: -BI~EFLY STATE'VVHY'YOu wIsH TO SERVE ON THIS d. OMMISSION.~ND.1NHY YoG BEMEvE DA~:' ~'~ ~ ~ k ]e fur =onni~eeUen of ~m ~n~es- . P ~m re:: ~ ~e~s ~;e, 432~0 Bunl~s ~ Drive Mail ~: P.Q- ~= ~, Te~ula, ~. r.~eunis~f~n~ln; CITY OFTEMECULA -10-99A10:01 RCVD APPLICATION FOR APPOINTMENT TO COI~MISSION I Check one: Qualification Requirement: ~//Planning Commission Resident of the City of Temecula. Community Services Commission Public/Traffic Safety Commission NAME: ADDRESS: HOME PHONE: OCCUPATION: EMPLOYER NAME: EM P LOYER ADDRESS: ktof C-r, YEARS RESIDENT OF TEMECULA EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BEUEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. :::::::. DATE: t Office, 43200 Business Park Drive (909) 694-6444 Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 OR Commismons~Application for vanous Commissions As a homeowner with a family, I would welcome the opportunity to assist Temecula in ensuring positive growth and participate in its continued successful development. I believe that I can provide positive input and experience while possessing the technical ability and background necessary for this commission. I am and have been for ten years with the State as an environmental project manager for cleanups at large sites (mostly military installations). and a few smaller sites in which application of proper planning was necessary. My primary job is and has been oversight of the application of all appropriate State laws and regulations and to provide technical review of environmental reports and documents. These project include investigations and feasibility studies. remedial actions design and remedy implementation. and planning documents such as environmental assessments. environmental baseline surveys, and other NEPA or CEQA requirements for soil cleanups, groundwater cleanups (large and small) for solvents. metals. and petroleum release sites and landfill closures. Thank you/br your time and consideration. I Check one: t< L;EIVEDFEB CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION 11 1999 Qualification Requirement: V/ Planning Commission Resident of the City of Temecula. Community Services Commission Public/Traffic Safety Commission NAME: ~'~, ~1~[.5 ~-P~r~f~CH'1' YEARSRESlDENTOFTEMECULA HOME PHONE: ~ O G - ~ ~ Z ~ WORK PHONE: OCCUPATION: ~P~G~P~ ~o~~fiN~ EMPLOYER NAME: ~E~- ~~E~ EMPLOYERADDRESS: UST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: N{~N P- ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): B~EFLY STATE ~Y YOU ~SH TO SER~ ON THIS COMMISSION, AND ~Y YOU BEU~ YOU ARE QUALi~ED FOR THE POSITION. BE SPECIFIC (Use addRional paper ~ necessa~): I ~snderstand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: ~"~r~z~ ~"~w ~/" DATE: q, I~TI Return to: City Clerk's Office, 4~200 Business Park Drive (909) 694-6444 O.__R Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions%Application for vadous Commissions Dr. James Lamprecht 27636 Ynez Road L-7 Suite 275 Temecula, CA 92591 Ph: 909 506-9426 Fax: e-marl: Jiml@pe.net 909 506-3896 My educational training is in regional and economic geography. Although I have been out of the field for nearly fifteen years, I have always retained an interest in regional planning. As a semi-retired consultant in the field of mav~ement and quality assurance systems (ISO 9000) I have worked with hundreds of companies in the U.S and abroad. I believe my work experience and academic training can be of value to the planning commission. As a resident of Temecula I would like to learn more about the future of Temecula and assist in the various decision processes to ensure that planned economic growth will enhance Temecula's charm. Sincerely, /~ Jim Lamprecht I Check one: CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: × Planning Commission Resident of the City of Temecula. ~ Community Services Commission Public/Traffic Safety Commission NAME: John H. Telesio ADDRESS: 31760 Via Telesio, Temecula, (909) 676-3187 HOME PHONE: OCCUPATION: Retired USAF Officer and N/A EMPLOYER NAME: 19 YEARS RESIDENT OF TEMECULA CA 92592 Voicemail/Pager WORK PHONE: (909) 412-9854 Retired Assistant to County Supervisor EMPLOYER ADDRESS: Master of Science, Systems Management, University of Southern California Master of Public Administration, Calif. State University, San Bernardino 21 additional professional development, semester units, Chapman College LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON ChQFter member, R~veFside County Co~e . , MeFch AFB CommMn~t~ Council ]980-~993 SCAG Reg~onel Airport A~thority, ~985-]993 Mflitu~ Affairs Committee, Greeter Riverside Chumbets of Commerce, ~980-~993 . Pn~~oB in nv~/nni Tompp~;ln Cit~ lnenrn~rntion Planning process. 1985 (over) O~GANI~TIONS TO WHICH YOU BELONG: (Professional, technical, community, semite): American Management Association American Society of Public Administrators Air Force Association, Active in youth activities and in support of TVHS programs. BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BEUEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): Please see attached statement. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: ~ ~ -'~. ' DATE: Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 O_ R Commissions%Application for various Commissions Continued from opposite side: OTHER COMMITTEE, COMMISSION OR BOARD SERVICE: Participated in Temecula City General Plan preparation and review process as interested citizen. Selected as co-chair of Green Tree Estates Homeowners and represented group concerns on several occasions before County Planning Commission, Board of Supervisors and after incorporation, the Temecula City Planning Commission and City Council. 1987-present As a member of the staff of the County Board of Supervisors from 1985 to 1993, served as alternate or appointed member on several county, regional and local communities, commissions, boards and was appointed to form and/or serve on many ad-hoc committees and task forces. Former Chairman and current member of the Temecula Public/Traffic Safety Commission. BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COM1VHSSION AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION: From 1985 through 1993, a span of time which included periods of both unprecedented growth and economic downturn in Riverside County, I served as an assistant to the Supervisors of two of the most dynamic districts in the County. Among my principal duties was the pre-application review, analysis and the formulation of recommendations regarding proposed development projects and associated infrastructure including roads, traffic control and other transportation-related issues. I also served as liaison between the supervisors and the Planning Commission, the Economic Development Agency, the Transportation and Land Use Agency, Flood Control, LAFCO and other county departments in helping to coordinate, guide and monitor the progress of selected projects through the planning process from application to final disposition. In addition, I worked extensively with citizens to help define and resolve complaints and/or problems often taking the role of mediator in meetings between constituents and the management and staff of County departments. From this practical experience I became quite familiar with the functions and procedures of the various players in the planning process. During this period, on my. own time, I earned a Master of Public Administration Degree with an emphasis in economic and community development in order to improve my knowledge, understanding and job performance. I feel that my education, background and experience would make my transition to a position on the Planning Commission a smooth and efficient one. As a 18-year resident, I have witnessed and participated in the city's conception, birth, growth and development as a proud citizen. During my 2 1-year military career, I experienced no less than 17 permanent changes of residence. When we came to Temecula, my wife and I knew that we had found a home. We have raised our family here and we are here to stay. We have a stake in this City and have enjoyed the benefits of life in the wonderful environment it has provided us. My appointment to the Public Safety/Traffic Commission has provided a way for me to give something back in return. I would now welcome the opportunity to become even more meaningfully involved in the continued growth and improvement of our city. I have no personal, political or professional conflicts of interest or other "baggage" that would inhibit my full, open and objective participation in the work of this important element of our city's government. What I d_9_o have is the time, interest, experience, education, ability and desire to serve as an effective member of the Temecula City Planning Commission. ITEM 11 APPROVAL E~~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council ~34, William G. Hughes, Acting Director of Public Works March 2, 1999 Winchester Road Median Island, West of Jefferson Avenue - Project No. PW97-21 PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council consider and discuss the construction and installation of a median island on Winchester Road west of Jefferson Avenue, Project No. PW97-21. BACKGROUND: At the City Council Workshop held on February 18, 1999 the issue of construction a median divider on Winchester Road, west of Jefferson Avenue was brought forward for discussion. Dudng public comment, property owners and tenants spoke out in opposition of such construction. In addition, City Council asked that this item be placed on the agenda for discussion. Property owners and tenants located in the Enterprise Circle North, Business Park area were notified in advance that the installation of such a median would be considered by the City Council meeting of February 23, 1999. FISCAL IMPACT: None at this time ATTACHMENTS: None 1 r:\agdrpt~9\0302\pw97-21 median/ajp