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Home My WebLink About02/27/07 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERTE BOB MAGEE MAYOR DARYL HICKMAN MAYOR PRO TEM THOMAS BUCKLEY COUNCILMEMBER GENIE KELLEY COUNCILMEMBER ROBERT SCHIFFNER, COUNCILMEMBER ROBERT A BRADY CITY MANAGER WWW LAKE-ELSINORE ORG (951) 674-3124 PHONE (951) 674 2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE CA 92530 ************************************************************* TUESDAY, FEBRUARY 27, 2007 - CLOSED SESSION AT 500 P M PUBLIC SESSION AT 7 00 P M If you are attending thIS CIty Council Meeting please park In the Parking Lot across the street from the Cultural Center ThIS WIll assIst us In limIting the Impact of meetings on the Downtown Business DIStTlct Thankyouforyourcooperanonl CALL TO ORDER ROLL CALL CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code S 54957) CIty Manager B CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956 8) Property APNs 375-350-012, -016, -017, -030, -031, -035, -036, -057 Negotlatmg partIes CIty of Lake Elsmore and Margaret Small, FIrSt AmerIcan Trust, Symantha Pham and Glenda Patton Under negotiatIOn prIce and terms of payment 1 I I Page 2 - CIty CouncIl Agenda - February 27, 2007 C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956 8) Property APNs 389-100-015, 389-100-016 389 100019 389 100- 024,389 100 025 NegotIatmg partIes CIty of Lake Elsmore and DavId L & Margot M FrymIre, Wanda Myers & Tyra EllIott, MIchael P & Elene F Mackey Trust, DavId & ElIzabeth Harrold Under negotIatIOn pnce and terms of payment RECONVENE IN PUBLIC SESSION (7 00 PM) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS/CEREMONIALS A ProclamatIOn - RT A B ProclamatIOn - Eagle Scout Steven Anthony CLOSED SESSION REPORT PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE (Please read & complete a Speaker's Form at the PodIUm, pnor to the Start of the CIty CouncIl Meetmg) PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the PodIUm, pnor to the Start of the CIty CounCIl Meetmg The Mayor WIll call on you to speak, when your Item IS called) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motIOn, unless a CouncIlmember or any member of the publIc requests separate actIon on a specIfic Item) Page 3 - CIty CouncIl Agenda - February 27, 2007 I Mmutes a Jomt City CouncIl/Redevelopment Agency/PublIc Fmance Authonty Study SessIOn - January 9, 2007 b Special City Council Meetmg - January 9 2007 C City Council Meetmg - January 9, 2007 RECOMMENDATION Approve 2 Warrant List - February 15, 2007 RECOMMENDATION Ratify 3 AdditIOnal ImplementatIOn documents to ConcessIOn Agreement With DestmatlOn R V Resorts RECOMMENDATION Approve First Amendment to the ConcessIOn Agreement and authonze the Mayor to execute the document subject to BCP entenng mto a Management Agreement With DestmatlOn R V and any mmor modificatIOns as may be approved by the City Attorney Approve the ASSignment and AssumptIOn Agreement and authonze the Mayor to execute the document, subject to BCP entermg mto a Management Agreement With DestmatlOn R V and any mmor modIficatIOns as may be approved by the City Attorney Approve the Estoppel Certificate and authonze the Mayor to execute the document, subject to BCP entenng mto a Management Agreement With DestmatlOn R V and any mmor Page 4 - CIty Council Agenda - February 27, 2007 moddicatlOns as may be approved by the CIty Attorney Approve the Non-dIsturbance Agreement and authorIze the Mayor to execute the document, subject to BCP enterIng mto a Management Agreement WIth DestmatlOn R V and any mmor moddicatlOns as may be approved by the CIty Attorney 4 CIty acqUlsItIon of Real Property from the MIchael P Mackey and Elene F Mackey Trust Tyra L Elhott, and DavId and Ehzabeth Harrold RECOMMENDATION 5 Request for partIcIpatlOn RECOMMENDATION Approve the Agreement for the purchase and sale of Real Property AuthOrIze the CIty Manager to execute any anCIllary documents necessary to Implement the terms and condItIons of the Agreements, mcludmg (WIthout hmItatlOn) the acceptance of the Grant Deed Approve the request to partICIpate m the constructlOn of a new gymnaslUm at Terra Cotta MIddle School for a total not to exceed $750,000 6 FaIthful Performance Agreement and Bond RECOMMENDATION AuthOrIze the CIty Manager or hIS deSIgnee to enter mto FaIthful Performance Agreements WIth Bonds/CertIficates of DeposIt for development projects m the CIty Page 5 - City CouncIl Agenda - February 27, 2007 7 Purchase & stockIng ofhybnd stnped bass In heu of carp removal RECOMMENDATION 8 Purchase of Lake Patrol vessel RECOMMENDATION I I Ii 9 FInal Map No 32337-2 RECOMMENDATION Approve purchase of 4,000 pounds of hybnd stnped bass and exceptIOn to bid procedure for sole source vendor Grant an exceptIOn to the bid process and approve the purchase of a Boston Whaler patrol boat for use as a law enforcement vessel on the waters of Lake ElSInore Approve FInal Map No 32337-2 and direct the City Clerk to accept all dedications, Sign the map and arrange for the recordatIOn of FInal Map No 32337-2 10 Venzon Internet Service Provider Agreement RECOMMENDATION Authonze the City Manager or designee to termInate the eXistIng Service Level Contract between County of Riverside and City of Lake ElSInore Authonze the City Manager or designee to prepare and execute Venzon BusIness Services Agreement for providIng Internet Services at dedicated T -I data transfer rate ---. Page 6 - City Councd Agenda - February 27, 2007 11 ACOM Secure Laser Checkmg PrIntIng SolutIOn purchase RECOMMENDATION PUBLIC HEARING AuthorIze the City Manager or designee to execute a purchase order for the purchase of the ACOM Secure Laser Check PrIntIng SolutIOn 21 Request for approval of a ResolutIOn of Necessity and authorIzatIOn to commence emInent domaIn proceedmgs to acqUire Real Property necessary for the Improvement of Nichols Road RECOMMENDATION BUSINESS ITEMS Adopt ResolutIOn No 2007-23 authorIzIng the commencement of emInent domaIn proceedIngs for the Frymire Lot 31 Second readIng - OrdInance No 1209 - AmendIng applIcable chapters of the Lake ElSInore Municipal Code by modifyIng Chapter 1748 to allow 'card rooms' as a conditIOnal use, subject to a ConditIOnal Use Permit RECOMMENDATION Adopt OrdInance No 1209, upon second readIng, by title only 32 Second readIng - OrdInance No 1210 - ApprovIng Zone Change No 2006 10 to re-zone the properties located at 20930, 20970 and 21000 Malaga Road from Neighborhood Commercial to General Commercial RECOMMENDATION Adopt OrdInance No 1210, upon second readIng, by title only 33 Second readIng - OrdInance No 1211 - AmendIng SectIOn 2 08 030 of the Lake ElSInore MuniCipal Code codifyIng Redevelopment Agency Board Member compensatIOn Page 7 - City CouncIl Agenda - February 27, 2007 RECOMMENDATION Adopt Ordmance No 1211, upon second readmg, by title only 34 Community FaCIlItIes Dlstnct No 98-1 (Summerhill PublIc Improvements) - Debt Service ReductIOn RECOMMENDATION Approve the mvestment of the settlement mOnies mto a sInking fund and authonze the use of prmclpal and mterest to reduce the annual special tax payment for property owners wlthm CFD No 98 1 as the escrow mvestments mature 35 Sub-Committee recommendatIOns for PublIc Safety AdvIsory CommissIOn appomtment RECOMMENDATION Select and appomt one applicant to complete the unexpired term vacancy on the PublIc Safety AdvIsory CommissIOn through June 30, 2009 36 ResolutIOn authonzmg the refundmg of bonds for Community FaCIlIties Dlstnct No 90-2 (Tuscany Hills PublIc Improvements) RECOMMENDATION Adopt ResolutIon No 2007 24 which approves the refundmg of the 1999 Bonds and the Issuance of the Bonds by the Dlstnct 37 Approval of sub-lease with County of Riverside for Animal Shelter ConstructIOn RECOMMENDATION Approve the Sub lease With Riverside County for the City of Lake Elsmore's share relatmg to the constructIOn of the Southwest County Animal Shelter Page 8 - City CouncIl Agenda - February 27, 2007 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the PodIUm, pnor to the Start of the City Council Meetmg) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT , ", WHEREAS,'tlJ,e RIVerside TranSit Agency began ,operatmg \ ) \ \\ , bus semce'on March 16 1977 m1RIverslde Cahformll'and \ \' t \ 1 II J j WHEREAS, the RIverside TranSit Agency IS the ConsolIdated TransportatIOh Service Agency for western RIversIde County and IS I i responsIble for coordmatmg transIt services through th~lr approXimate 2 500 square mlle,servlce the secon~ largest m the natton, and 1 I WHEREAS, the RIverSide TranSit Agency provides both I local and regIOnal servIces through the regIOn wlth,3 8 fixed routes five commuter i j 1 \ \ \ routes and Dial A RIde servlces,usmg 231 vehicles and I ) 1 1 J j " I I 1 II f WHERE14S, the,'RIverslde TranSit/Agency was one of the \ t I ( first transit agencies 1m the natlonlto convert their entrre fleet of buses to I Compressed Natural Gas Ve,lllc1es, and I I , \ \ \ I i .-I. II ,WNEREASAhe Klverslde,Tramnt !Agency Is cotnnutted to I r } I ~ II} j i I t J f T~ 11. i " \provldmg safe rehllblel cOUl;teousl\acc~sslble lIlld\usef"fuend V' services to therr', f 1 i f j I jl I \ l \\Cl.\stOl;nets and \ f 1 I, I I I 1 \ i, \ 1 ; J J f J \ j tl i I \,! \ I t I 1 WHEREAJl; the R wersld/: TJ;allSlt Ageno); liS ce1ebratmg \ '1_ """\: \\,I'-t,"t l t \ ,t \\ thirty y,ears ofiservlce and ded\catIOn,'to the CIties It serves I \ \ \ \ \\1.. \ \ \ \. \\) .. \t \ ~ J ,/ /1 I ltj t ! t i I \. tl (11 ( i I t\ It j , NOW,iT~1lil1lfORE; THEIMAiJ;Olf/'ANlJ (JJITY " ( t \ \ ~ I ( COUNCIL ofthe Crty of Lake lsmorel thiS 2V~ day n'fi""ebru~ 2007 do hereby 1 I { t j j i !'i {1f/?1 I recognize the Agency,',s 3(i} years of customer servlceland do' hereby proclaim f ltf:.. f f i if! j ( 1 \ March 2007 as RIveI'sI\icI 1 ranslt \Agency AppreciatIon Month J I j I ( !! 1 1 \. \ , ,I I I I I I OF\ II I il I I' MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY/ PUBLIC FINANCE AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 2007 ******************************************************************** CALL TO ORDER Mayor Magee called the Jomt Study SessIOn to order at 4 05 P m ROLL CALL PRESENT COUNCILMEMBERS KELLEY, SCHIFFNER, MAGEE ABSENT COUNCILMEMBERS BUCKLEY, HICKMAN (CouncIlmember Hickman arrived at 4 08 pm) Also present were City Manager Brady, City Attorney Leibold, AdmmlstratIve Services Director Pressey, Commumty Development Director Prelsendanz, Lake & Aquatic Resource Director Kilroy, Commumty Services Director Sapp, InformatlOn/CommumcatlOns Manager Denms, City Engmeer Seumalo, BuIldmg & Safety Manager Chipman, City Treasurer Weber and City Clerk Ray DISCUSSION ITEMS Mayor Magee gave an overvIew of the presentatIOns and confirmed that the awardees would be present at the 7 00 P m meetmg PUBLIC COMMENTS None Agenda Item No ~ Page 1 of 10 PAGE 2 STUDY SESSION MINUTES - JANUARY 9, 2007 CONSENT CALENDAR 1 Mmutes No comments 2 Warrant List - December 15,2006 No comments 3 Warrant List - December 29, 2006 No comments 4 Purchase of Two PIckup Trucks Mayor Magee noted that It was mce to be able to purchase the trucks m the City 5 Fma1 Map No 31920-2 - John Lamg Homes No comments 6 Fma1MapNo 31920-3-JohnLamgHomes No comments 7 Fma1 Map No 31920 4 - John Lamg Homes No comments 8 Fma1 Map No 31920-5 - John Lamg Homes No comments 9 Fma1 Map No 31920-6 - John Lamg Homes No comments Agenda Item No \ f\ Page 2 of 10 PAGE 3 STUDY SESSION MINUTES - JANUARY 9, 2007 10 City Council Committee Appomtments Mayor Magee commented on a memo he had circulated to the Council regardmg committee appomtments He noted that he did not hear any feedback from the CouncIlmembers m regard to changmg their committee appomtments He suggested changmg the liaison to the Lake E1smore Amma1 Fnends of the Valley He recommended that Councl1member Buckley become the pnmary liaison and that he become the secondary 11 Draft request for Proposals for Lake E1smore CodificatIOn Services, Design, Development and Hostmg onlme and a complete Legal Review of the Code Mayor Pro Tern Hickman mqulred on the tIme1me for the project City Clerk Ray mdICated that the Item was a request for proposal and would be brought back to Council around mid-May 12 Update to LAIF ResolutIOn No comments 13 Commercial Lease Agreement for City Hall expansIOn No comments 14 ResolutIOn mltIatmg proceedmgs and approvmg the Engmeer's Report for the AnnexatIOn of certam temtory known as Assessor Parcel Numbers 347-120 034 and 377-373-011 mto the City of Lake E1smore Landscape and Street Llghtmg District No 1, as LLMD AnnexatIOn No 15 (Ridgestone Apartments), dec1armg the City s mtentlOn to order the annexatIOn and to levy and collect assessments, determmmg that these proceedmgs shall be taken pursuant to the Landscapmg and Llghtmg Act of 1972 and the nght to Vote on Taxes Act and offenng a time and place for hearmg objectIOns thereto No comments Agenda Item No \ f:4 Page 3 of 10 PAGE 4 STUDY SESSION MINUTES - JANUARY 9, 2007 15 Receive and file the Annual Special Tax Levy Reports for the City'S Commumty FacIlities DistrIcts for FY 2006-07 No comments 16 Refurbish' Antique" Street Lights located along Lakeshore Dnve between Chaney and Manning Streets Mayor Pro Tern Hickman inquired If the Item only Included the 17 lIghts along Lakeshore Dnve City Engineer Seumalo confirmed He noted that the project was behind and staff was moving It forward as qUickly as possible Mayor Pro Tern Hickman inquired If the City owned the mold City Engineer Seumalo confirmed Councllmember Schiffner inqUired If the project would have underground wmng City Engineer Seumalo confirmed Councllmember Kelley commented on some poles Pete Dawson was Willing to donate She inqUired If they had been picked up City Engineer Seumalo indicated that he would need to confirm whether or not the poles had been picked up 17 Change Order No 2 for the Intenm Improvements Located at I l5/RaIlroad Canyon Road Interchange Mayor Pro Tern Hickman commented on the delay In the project when It first began City Engineer Seumalo indicated that he had ongInally held up the project Mayor Magee noted that he was not In favor of Change Orders He noted that the Improvements needed to be done In a timely manner Agenda Item No ~ Page 4 of 10 PAGE 5 STUDY SESSION MINUTES - JANUARY 9, 2007 18 AuthonzatIOn for City Manager to enter mto a contract With ProJ ect Design Consultants to prepare CEQA Compliance Documents for Tentative Tract Map No 32537 and associated cases Mayor Pro Tern Hickman mqulred If the Plannmg Department dictated who developers could use for CEQA documents Community Development Director Prelsendanz explamed the process He noted that the developer was allowed to choose a consultant With the City s directIOn Commumty Development Director Prelsendanz noted that staff did not Impose upon the developer which consultant to use City Manager Brady noted that the City was the lead agency when It came to these kmds of Items He noted that the City has a list of qualified consultants He noted that the mtent of the list was to have qualified consultants for the applicant to choose from Mayor Magee commented on the "Scope of Work" He noted that the acreage was listed but the proposed development type was not listed He mqulred on what would be studied Commumty Development Director Prelsendanz noted that the Tentative Tract Map that was wlthm the Vlclmty Map on page 3 of 14 would be studied Mayor Magee commented on the lack of detail m the staff report He noted that he had heard mentIOn that the smgle-famlly umt lot sizes that were bemg proposed were under 5,000 square feet He noted that he was not sure he would be able to support that lot size next to the larger lots and ranch-style homes that were m that area He noted that he was not m favor of the lots bemg anythmg less than 7 200 square feet Commumty Development Director Prelsendanz noted that he would provide Council With mformatIon on the lot sizes as soon as he was made aware of It PUBLIC HEARINGS None Agenda Item No \ A Page 5 of 10 PAGE 6 STUDY SESSION MINUTES - JANUARY 9, 2007 BUSINESS ITEMS 31 Cruise Night ReconsideratIOn Mayor Pro Tern Hickman commented on the number of hmes the matter has come before Council Councllmember Kelley mqUlred on facts and figures on how the event affected the Downtown Merchants Ruth Atkms noted that mformatlOn on those Items would be provided by Chamber of Commerce President Kim Cousms and Downtown Merchants President Rick Carpenter at the 7 p m meetmg 32 Planmng Commission CompensatIOn Mayor Pro Tern Hickman mqulred on the Commissioners recelvmg health benefits Mayor Magee noted the Importance of the Planmng CommissIOn He commented that he was m favor of mcreasmg their compensatIOn He noted that he supported the Commission recelvmg health benefits 33 33rd Year CDBG AllocatIOn Ron Hewlson, HOP E , thanked staff for recommendmg an mcrease this year He noted that he did not have any comments on the dollar amount He commented on their achievements for the 2006 calendar year He noted that Cruise Night generates funds for HOP E Angela Fox, Boys & GirlS Club of Southwest County, commented that the Alberhlll Ranch Clubhouse was offiCially open She thanked Council for all of their support She noted that they enrolled 254 families She noted that there IS a defimte need for finanCial assistance for the families to engage m thmgs like camp season and transportatIOn She noted that the grant would allow the Alberhlll Ranch Clubhouse to assist families who are m need extra assistance financially She noted that typically 20% of enrollees need finanCial assistance She noted that they were anhclpatmg a mlmmum of20% for the Alberhlll Ranch Clubhouse Agenda Item No lfi Page 6 of 10 L PAGE 7 STUDY SESSION MINUTES - JANUARY 9, 2007 Andy Smith, Startmg Lme OrgamzatiOn, commented that he was a part of a non-profit orgamzation that provided transitional housmg programs for emancipated youths He noted that they were a county-wide program He noted that for the City of Lake Elsmore, there were approximately 15 youths m the program He noted that of those 15 youths, 7 of them would be homeless withm 12 months He noted that they apphed to the County ofR1verside for a large grant to provide housmg He noted that they were currently workmg out of3 homes providmg beds and Supportive services to 12 mdividuals He noted that the grant would allow for them to provide services to 36 mdividuals He noted that they would also be able to graduate 144 mdlVlduals m a 12-month penod from their program He noted that they had zero reoccurrmg chents m their program He noted that they operated at 98% success rate Barbara Hall, Mentormg Today for Tomorrow, noted that she was the Commumty Outreach Director for her organizatiOn She commented that they were a non-profit agency providmg services to children m Lake Elsmore She noted that they were dedicated to pursumg the excellence m the City'S youth She noted that they hold their seSSiOns on school Sites She noted that 98% of mentored youth aVOid gang actiVity She commented that it cost $400 a year to mentor a child Councilmember Schiffner commented on the dollar amount Commumty Services Director Sapp confirmed that $30,000 was available for Pubhc Service Programs He commented that OperatiOn School Bell did not submit an apphcatiOn He commented on changes made by HUD Councilmember Schiffner commented that they were all good organizatiOns He noted that he was satisfied With staff s recommendatiOn for the distnbutiOn Mayor Pro Tern Hickman commented that he agreed With Councilmember Schiffner He noted that he wanted to make sure that the semor Citizens got $10 thousand out of the general fund Commumty Services Director Sapp noted that there was no fundmg recommendatiOn for the Semor Center He noted that last year's allocatiOn was $8 thousand He noted that it could be Picked up as part of the budget for 2006/2007 Agenda Item No \ A Page 7 of 10 PAGE 8 STUDY SESSION MINUTES - JANUARY 9, 2007 CouncIlmember Kelley mqUlred on the Alternatives to DomestIc VIOlence Commumty ServIces DIrector Sapp commented that they would be gettmg funds from the county and other cItIes that support them He noted that theIr aggregate amount was well over $10 thousand CouncIlmember Kelley commented that she would lIke to see $15 thousand go to HOP E and $15 thousand go to the Boys & GIrlS Club Dwaynna Bamn, Alternatives to Domestic VIOlence, commented that they servIce the CIty She noted that they had receIved 8,000 calls on theIr cnsls lme over the last year She noted that out of those calls, 200 of them were a request for shelter She commented that they dId not have enough staff to accommodate the amount of people to be serviced She noted that the fundmg would help pay for staff members so VIctIms would not be turned away She noted that they served 200 chIldren and 125 women from Lake Elsmore She mdlcated that they were m need of the fundmg She noted that theIr shelter was located m Sun CIty CouncIlmember SchIffner mdlcated that he had compaSSIOn for all of the programs and organIzatIOns, but he was satIsfied WIth staff s recommendatIOn Mayor Magee commented that It was a dIfficult deCISIOn to allocate funds 34 Travel request and preauthonzatIOn for CIty DelegatIOn to attend Washmgton, DC AppropnatIOns Meetmgs arranged by the Ferguson Group (Washmgton, DC Lobbymg ServIces) Mayor Magee suggested followmg the same protocol as last year, provldmg for the Mayor and RDA ChaIrman to attend the meetmgs along WIth the CIty Manager He commented on the pOSSIbIlIty of sharmg the costs WIth Vector Control and the RIversIde County TransportatIOn CommIssIOn REDEVELOPMENT AGENCY CONSENT CALENDAR I Mmutes Agenda Item No I A Page 8 of 10 PAGE 9 STUDY SESSION MINUTES - JANUARY 9, 2007 No comments 2 Warrant LIst - December 15,2006 No comments 3 Warrant LIst - December 29,2006 No comments 4 Update to LAIF ResolutiOn No comments BUSINESS ITEMS None PUBLIC FINANCE AUTHORITY CONSENT CALENDAR 1 Mmutes No comments 2 Update to LAIF ResolutiOn No comments ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCYIPUBLlC FINANCE AUTHORITY STUDY SESSION WAS ADJOURNED AT 451 PM Agenda item No \ ~ Page 9 of 10 PAGE 10 STUDY SESSION MINUTES - JANUARY 9, 2007 ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ROBERT SCHIFFNER, CHAIRMAN PUBLIC FINANCE AUTHORITY Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK ATTEST FREDERICK RAY, CMC, CITY CLERK Agenda Item No \ A Page 10 of 10 L MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 2007 ****************************************************************** CALL TO ORDER The SpeCIal CIty CounCIl Meetmg was called to order by Mayor Magee at 4 51 pm ROLL CALL PRESENT COUNCILMEMBERS HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT COUNCILMEMBERS BUCKLEY Also present were CIty Manager Brady, CIty Attorney LeIbold, AdmmlstratIve ServIces DIrector Pressey, CommuDlty Development DIrector Prelsendanz, Lake & AquatIc Resource DIrector KIlroy, CommuDlty ServIces DIrector Sapp, CIty Engmeer Seumalo, InformatIon/CommuDlcatlOns Manager Denms, Bmldmg & Safety Manager ChIpman, CIty Treasurer Weber and CIty Clerk Ray PUBLIC COMMENTS - 3 MINUTES None CLOSED SESSION CIty Attorney LeIbold noted that the purpose of the SpeCIal Meetmg was to mclude one addItional Item of Closed SeSSIOn ACENDA ITEM NO \ ~ PAGE-L-OF 2 Page 2 - Special CIty CouncIl Meetmg Mmutes - January 9, 2007 a CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S54956 8 Property A P N 389-100 025 Negotiatmg partIes CIty of Lake Elsmore and DavId & ElIzabeth Harrold Under negotIatIOn pnce and terms of payment MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE CLOSED SESSION ITEM TO THE AGENDA The Special City CouncIl Meetmg was adjourned at 4 53 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED MICHELLE SOTO, DEPUTY CITY CLERK ATTEST FREDERICK RAY, CMC, CITY CLERK CITY OF LAKE ELSINORE ACENDA ITEM NO PACE 2 Ie:, Of ::).. _ MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 2007 **************************************************************** CALL TO ORDER The Regular City Council Meetmg was called to order by Mayor Magee at 5 00 pm ROLL CALL PRESENT COUNCILMEMBERS KELLEY, SCHIFFNER, MAGEE ABSENT COUNCILMEMBERS BUCKLEY, HICKMAN (Councllmember Hickman arrived at 4 08 pm) Also present were CIty Manager Brady, CIty Attorney Leibold, AdmmlstratIve Services Director Pressey, Commumty Services Director Sapp, Lake & AquatIc Resource Director KIlroy, City Engmeer Seumalo, InformatIon/CommumcatlOns Manager Denms and CIty Clerk Ray CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5 00 P M RECONVENE IN PUBLIC SESSION (7 00 PM) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by InformatlOn/Commumcatlons Manager DenniS Agenda Item No \ C. Page I oft7 Page 2 - City CouncIl Meetmg Mmutes - January 9, 2007 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meetmg m a moment of sIlent prayer ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady, City Attorney LeIbold, AdmIDlstratIve ServIces DIrector Pressey, Commumty ServIces DIrector Sapp, Commumty Development DIrector PreIsendanz, Lake & Aquatic Resources DIrector KIlroy, CIty Engmeer Seumalo, InformatlOn/CommumcatlOns Manager Denms, ChIef of PolIce Fetherolf, FIre ChIef Gallegos, CIty Treasurer Weber and CIty Clerk Ray CLOSED SESSION A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - ImtIatIon of lItIgatIOn pursuant to SubdIvIsIOn (c) of Gov't Code S 549569 (2 potentIal cases) B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - ImtIatIOn of lItIgatIOn pursuant to SubdlVlsIOn (b) of Gov't Code S 549569 (1 potentIal case) CLOSED SESSION REPORT 7 16 02 PM City Attorney Leibold announced that the CIty CounCil met III Closed SessIOn to dISCUSS 4 Items She noted that 3 of the Items were prevIOusly IdentIfied on the agenda as mdIcated above, all mvolvmg antIcIpated lItIgatIOn She noted that 2 potentIal cases were discussed under subdiVIsIOn "c" of SectIOn 54956 9 She noted that there was no reportable actIon as to one of those Items She noted that the second Item mvolved a discussIOn of County Tentative Tract Map Nos 22626 and 22626-1 She noted that the City CounCil received a PrelImmary InveStIgatIOn conducted by staff and requested that staff contmue to mvestIgate and evaluate the Agenda Item No , c.. Page 2 ofl7 Page 3 - CIty CouncIl Meetmg Mmutes - January 9, 2007 Issues and dIrected staff to contact the mterested partIes She noted that a thIrd Item, one potentIal case, under the same authonty ofGov't Code SectIOn 54956 9( c) was added that evenmg by a vote of 4-0 of the CouncIl under the urgency provIsIOns of the Brown Act SectIOn 54954 2 She noted that there was no reportable actIOn on that Item She noted that the fourth and last Item dIscussed was one case of antIcIpated lItigatIOn under the authonty of SubdIvIsIon "b of SectIOn 54956 9 She noted one potential case was dIscussed and there was no reportable actIOn PRESENTATION/CEREMONIALS 7 05 30 PM A ProclamatIOn - Blood Bank of San Bernardmo and RIversIde Counties Mayor Magee called Lynn Effmger forward to Jom hIm at the podmm Mayor Magee read and presented the ProclamatIOn to Mr Effinger Mr Effinger thanked CouncIl for the ProclamatIOn He commented that hIS organIzatIOn had been servmg the area smce 1951 He noted that they drew over 140,000 pmts of blood last year He noted 57 pmts of blood were donated at the Lake Elsmore Elks Lodge He noted that Lake Elsmore had played a very VItal role m theIr success over the years 709 15 PM B Busmess of the Quarter Mayor Magee called Gary Morns forward to Jom hIm at the podmm Mayor Magee noted that Mr Morns was the owner of MBC Constructors He noted that they were a locally owned and operated busmess that had been m the CIty for more than 25 years provIdmg sewer and water servIces to the growmg valley Mayor Magee thanked Mr Morns for hIS contnbutIOn to the town and bemg a great benefactor to the CIty Agenda Item No \ ~ Page 3 oft7 Page 4 - City Councd Meetmg Mmutes - January 9, 2007 71056PM C PresentatIOn -LEPD Volunteers of the Year Mayor Magee called Chief of Police Fetherolfto Jom him at the podIUm Chief of Police Fetherolf commented that m 1997 the Lake Elsmore Police Department Implemented the Elsmore Valley Youth Court Diversion Program He noted that the Youth Court Program IS a Crime diversIOn program for pre-delmquent youth He described the Youth Court Program m further detail Chief of Police Fetherolf noted that Youth Court would not be successful Without the numerous volunteers He noted that there were a number of volunteers who would be sharmg the honor of "Volunteer of the Year" for the Lake Elsmore Police Department m 2006 Chief of Police Fetherolfnoted that the volunteers he was honoring were Cal Crosby, Mike LewIs, Mary Marquez, Brad CurtiS Danme Dlaz Tim Hodges Deputy DistrIct Attorney Raquel Marquez and Code Enforcement Officer Shawn Slater He presented the Volunteers of the Year for the Lake Elsmore Pohce Department He noted that Deputy District Attorney Raquel Marquez and Code Enforcement Officer Shawn Slater were not present Chief ofPohce Fetherolf asked Mayor Magee to Jom him at the podIUm He noted that the Mayor and City CounCil had been very supportive of the Youth Court program He noted that the CounCil had deeply mvested m the futures of the City's at risk youth He presented a plaque to the Council for their support and contributIOn Mayor Magee thanked the volunteers for glVlng back to the community PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE 7 17 28 PM Russ Bums noted that he was the Chairperson for the Lake Elsmore Historical Society Fire Engme Restoration Team He mqUlred on gettmg Council s support m procurmg a structure to put the City'S first fire engme He noted that the engme had been restored Agenda Item No J C- Page 4 of 17 Page 5 - City CouncIl Meetmg Mmutes - January 9, 2007 Chns Hyland commented on the pavmg of Machado Street and RIverside DrIve She noted that she had been requestmg for the past several years that the area be paved She noted that she had documents that stated the County had dedicated to the City all of Grand A venue from Machado Street to RIverSide DrIve Barbara Anderson, NAACP commented that the Council and the publIc were mVlted to attend the Lake Elsmore Southwest RIverSide County NAACP 2nd Annual Dr Martm Luther Kmg Jr Prayer Breakfast on January 15,2007 from 830 to 10 30 a m She noted that the event would be held at Diamond Stadium and tickets were on sale for $20 per person She commented on last year's attendance Ruth Atkms commented that the manner m which Time Warner was servmg theIr customers was very poor She noted that reSIdents of Lake Elsmore deserved better treatment than they were bemg given Rod OShita, Fairway Commercial Partners, commented on the new landscape ordmance He noted that he felt It would greatly benefit the City If the ordmance was reconsidered and discussed further With mput from the local real estate commumty MarIO Fernandez commented that he had receIved notices to take hIs fences down around hiS property on 1010 Lakeshore DrIve He mqUIred on the procedure he needed to follow to contest what was bemg asked m the notice Mayor Magee deferred Mr Fernandez to Community Development DIrector PreIsendanz Dorothy Spiegelberg commented that Mr Fernandez was her neighbor and that she had also received notices to take her fences down around her property She commented that she did not have the money to remove her fencmg Mayor Magee deferred Ms Spiegelberg to Commumty Development Director Prelsendanz KIm Cousms, Chamber of Commerce PreSident, commented that the Chamber was holdmg their 58th armual InstallatIon DInner and Awards Ceremony He noted that the event would be held January 27th at Pechanga Casmo from 6 to 11 pm Agenda Item No \ C- Page 5 ofl7 Page 6 - City CouncIl Meetmg Mmutes - January 9, 2007 CONSENT CALENDAR ITEMS 7 27 35 PM MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE CONSENT CALENDAR AS PRESENTED Mayor Magee noted that one change was made to Item No 10 regardIng City CounCil Committee AppoIntments He noted Councllmember Buckley would be substitutIng for Mayor Magee as the Animal Friends of the Valley lIaison THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE 1 The follOWIng mInutes were approved a JOInt City CouncIi/Redevelopment Agency Study SessIOn - November 14,2006 b City CounCil MeetIng - November 14, 2006 c JOInt City Councll/RedevelopmentAgency Study Session - November 28,2006 d City CounCil MeetIng - November 28, 2006 2 Ratified Warrant List for December 15,2006 3 Ratified Warrant List for December 29, 2006 4 AuthOrized the expenditure of $49,725 for the purchase of two full size pICk up trucks as deSCribed In the staff report 5 Approved FInal Map No 31920-2 AuthOrized the City Clerk to accept all dedications Sign the map and arrange for the recordatIOn of FInal Map No 31920-2 6 Approved FInal Map No 31920-3 AuthOrized the City Clerk to accept all dedicatIOns, Sign the map and arrange for the recordatIOn of FInal Map No 31920 3 Agenda Item No J c.. Page 6 of 17 Page 7 - City CouncIl Meetmg Mmutes - January 9, 2007 7 Approved Fmal Map No 31920-4 Authonzed the CIty Clerk to accept all dedIcatIOns, SIgn the map and arrange for the recordatIOn ofFmal Map No 31920-4 8 Approved Fmal Map No 31920-5 Authonzed the CIty Clerk to accept all dedlCatIOns, SIgn the map and arrange for the recordatIOn ofFmal Map No 31920-5 9 Approved Fmal Map No 31920-6 Authonzed the CIty Clerk to accept all dedIcatIOns, SIgn the map and arrange for the recordatIOn ofFmal Map No 31920-6 10 DIscussed and appomted representatIves for Calendar Year 2007 to the appropnate CommIttees 11 Authonzed the CIty Manager, or a staff desIgnee, to finahze the Lake Elsmore CodIfication ServIces, DesIgn Development and Hostmg onlme m addItion to a complete legal reVIew of the Code RFP for pubhc notIce and dIstnbutIOn to codIficatIOn vendors 12 Adopt ResolutIOn No 2007-01 WhICh names Mr James R Riley as an addItional authonzed SIgner for all Local Agency Investlnent Accounts held at the State of Cahfomla 13 Approved the Lease Agreement and Addendum No 1 Authonzed the Mayor to execute the Lease Agreement 14 Approved the Engmeer's Report for AnnexatIOn No 15 (RIdgestone Apartlnents) to LLMD No 1 Adopted ResolutIOn No 2007-02 ofIntentIOn to Annex mto LLMD No 1 Scheduled a pubhc hearmg on the DIstnct FormatIOn for February 13,2007 15 ReceIved and filed the Annual Spec131 Tax Levy Reports Agenda Item No I c.. Page 7 ofl7 Page 8 - City CouncIl Meetmg Mmutes - January 9, 2007 16 Approved an addltlonal $50,000 from the LLMD fund for the project Awarded the contract to D&S Electric for $68,000 Authonzed the Mayor to execute the contract With D&S Electric 17 Approved Change Order No 2 for $99,61892 Authonzed the City Manager to execute Change Order No 2 With R J Noble Company 18 Authonzed the City Manager to enter mto a contract With PDC to prepare the CEQA compliance documents for Tentative Tract Map No 32537 and Its associated cases m an amount not to exceed $34,562 PUBLIC HEARINGS None BUSINESS ITEMS 7 28 20 PM 31 Cruise Night ReconSideratIOn Commumty Services Director Sapp commented on the Item He noted past diSCUSSions on the Item Mayor Magee mqulred on the manner m which the busmesses on Mam Street were notlfied Commumty Services Director Sapp noted that letters were hand delivered last week which notlfied them of that evemng's Council meetmg Ruth Atkms read a statement from the President of the Downtown Merchant's ASSOCiatIOn She read the statement mto the record The statement read that the Cruise Night had the support of93% of the busmesses on Mam Street Agenda Item No \ C- Page8ofl7 Page 9 - City CouncIl Meetmg Mmutes - January 9, 2007 Ms Atkms noted that the Car Show benefited the merchants She noted that the Hlstoncal Society enjoyed havmg the museum open dunng those kmds of events Kim Cousms, Chamber of Commerce President, commented on a packet that he had provided to the Council He commented on the number of cars and people that attend the event Mayor Pro Tern Hickman commented If any consideratIOn had been given for a Sunday auto show Mr COUSinS commented that they could give consideratIOn to holdmg the event on a Sunday Mayor Pro Tern Hickman suggested movmg It to the 4th Sunday of the month Councllmember Schiffner commented that he thought he would hear from busmesses on Mam Street He noted that they had not provided any mformatlOn He noted that there were no negative comments made that evemng and that he would be m favor of contmumg the car show Councilmember Buckley commented that Item had been discussed 6 times m the last 5 years He commented on light durmg the summer hours Mr Cousms suggested addressmg the matter again In December 2007 Councllmember Kelley commented that there was no one m attendance who was opposmg She noted that she would support the recommendatIOn She noted that she would like to see some data on the event Councllmember Schiffner noted that he thought Council made It clear that they were Willing to do the event on a temporary baSIS for 3 months He noted that he thought they also made It clear that It would give the Council an opportumty to settle the question of whether or not the event was a good thmg for downtown He noted hiS dlsappomtment With downtown busmesses not showmg up for the meetmg and vOlcmg whether or not they were m favor of the Item Agenda Item No \ C Page 9 ofl7 Page 10 - City Council Meetmg Mmutes - January 9, 2007 Mayor Pro Tern Hickman suggested domg the event from 2 to 5 p m on a Sunday m October and November MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE THE CAR SHOW AND CLOSURE OF MAIN STREET AS PROVIDED BY THE MAP FROM THE CHAMBER OF COMMERCE Mayor Magee suggested that the downtown merchants prOVide Council With some economic analysIs that shows a benefit or a loss THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE 7 48 30 PM 32 Plannmg Commission Compensation Commumty Development Director Prelsendanz commented on the Item He noted that at the regular scheduled meetmg on November 21, 2006, the Plannmg CommiSSIOn directed staff to prepare a resolutIOn for Council consideratIOn for an mcrease m the stipend amount paid to each Plannmg CommiSSIOner He noted that the Plannmg Commission also directed staff to mclude a request for an allowance and availabilIty of health msurance benefits He noted that the Planmng CommiSSIOn requested that their stipend mcrease from $50 per meetmg to $100 per meetmg He noted that additIOnally the Plannmg CommiSSIOn was also requestmg a monthly allowance of$I,050 to be used toward health msurance benefits as allowed under the PublIc Retirement System Michael O'Neal, Plannmg CommiSSIOn Chairman, commented on the Significance of the Plannmg Commission He noted that the mtentlOn of the request was an attempt to establIsh a dialogue With CounCil about compensatIOn Councllmember Buckley mqUlred If any other JUrisdictIOns prOVided benefits to Plannmg CommiSSIOners Community Development Director Prelsendanz mdlcated that none of the surroundmgJurIsdlctJons prOVided benefits for their Plannmg Commission CouncIimember Buckley commented that every Commission did a lot more than what met the eye He noted that he would be m support of allowmg any Agenda Item No ~ Page 10 ofl7 Page 11 - City Councd Meetmg Mmutes - January 9, 2007 CommiSSIOner to buy health msurance through the City CouncIimember Kelley commented on the compensatIOn resolutIOn Commumty Development Director Prelsendanz noted that the Planmng Commission would only receive compensatIOn for up to 3 meetmgs per month He noted that the CommissIOn would not receive compensatIOn for study sessIOns Councllmember Kelley noted that she would not be able to support gIVIng them benefits Mayor Pro Tern Hickman noted that the raise was well deserved He mqmred If the PSAC could be mcluded for a pay raise Councllmember Schiffner noted that the Commission did a good Job He noted that he was m support of mcreasmg their stipend, but he was not m support of them recelvmg benefits Mayor Magee noted that the Plannmg CommissIOn had not had a pay mcrease m 23 years He noted he was m support of mcreasmg their stipend He noted that he could not support provldmg them With health benefits MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO APPROVE THE PLANNING COMMISSION'S INCREASE IN COMPENSATION AND ALLOW FOR THE OPPORTUNITY FOR THE PLANNING COMMISSIONER'S TO PURCHASE HEALTH BENEFITS THROUGH THE CITY Councllmember Buckley mqmred If the motIOn would mclude the ablhty, If the CommiSSIOner so chooses, to purchase health benefits through the City City Attorney Leibold noted that she was not certam If that was a posslblhty She noted that she would need to look mto what the provlSlons were m regard to purchasmg health benefits Councllmember Schiffner noted that he had no objection to mcludmg that smce It would not put any stram on the City Agenda Item No \ C- Page II of 17 Page 12 - CIty CouncIl Meetmg Mmutes - January 9, 2007 , II II Councllmember Kelley commented that she wanted to make sure that there was no oblIgatIOn to the CIty She noted that she would prefer that CouncIl dIrect the CIty Attorney to bnng the mformatlOn back to CouncIl and let the motIon go WIthout that addItIOnal Item untIl Council receIves addItIOnal mformatlOn I' Mayor Pro Tern HIckman dIrected the CIty Attorney to brmg back mformatlon on glvmg an mcrease to the PSAC COUNCILMEMBER KELLEY MADE THE FOLLOWING SUBSTITUTE MOTION , 'I I MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE PAY RAISE AND BE MUTE ON ANY BENEFIT FOR HEALTH INSURANCE, WHETHER PAID FOR BY THE COMMISSIONER OR BY THE CITY, AND DIRECT STAFF TO COME BACK WITH AN ANSWER AS TO WHETHER OR NOT A COMMISSIONER MAY PURCHASE AT HIS/HER OWN EXPENSE HEALTH BENEFITS UNDER THE CITY UMBRELLA, IN ADDITION DIRECT STAFF TO COME BACK WITH A RECOMMENDATION REGARDING POTENTIAL STIPENDS FOR THE PUBLIC SAFETY ADVISORY COMMISSION 8 02 34 PM 33 33rd Year CDBG AllocatIOn [I , I Commumty ServIces DIrector Sapp commented on the Item He noted that each CIty receIves an allocatIOn of CommunIty Development Block Grant Funds on a per-capIta baSIS from the Department of Urban Housmg and Development II Commumty ServIces DIrector Sapp noted that the CIty's allocatIOns were based on $200 thousand a year He noted that 15% or $30 thousand could be used for SOCIal servIce programs He noted that the balance of the 85% or $170 thousand could be allocated toward PublIc Works or Code Enforcement actIvItIes Commumty ServIces DIrector Sapp noted that the CIty had receIved 8 applIcatIOns before the filmg deadlIne totalmg over $281 thousand He commented on staff's recommendatIOns Agenda Item No \ c... Page 12 ofl7 Page 13 - City Councd Meetmg Mmutes - January 9, 2007 Councllmember Schiffner commented on the number of requests received He noted that he would be m support of staff's recommendatIOn Mayor Pro Tern Hickman noted that he agreed with Councllmember Schiffner He noted that It was the first time m 10 years that nothmg went to the Semor Center He requested $10 thousand out of the General Fund to be used toward the Semor Center Councllmember Kelley commented that she would like to see an equal amount between HOPE and the Boys & GlTls Club She noted that she would support staff s recommendatIOn Mayor Magee suggested earmarkmg all the programs for the budget process MOVED BY HICKMAN, SECONDED BY MAGEE TO ADOPT THE 33RD YEAR CDBG PROGRAM AND DIRECT STAFF TO SUBMIT TO THE COUNTY OF RIVERSIDE THE CITY'S APPROVED PROGRAMS Councllmember Schiffner suggested askmg Management to mclude an amount of money to allocate to varIOus chanties m the budget Mayor Magee noted that under the City Council sectIOn of the budget, there was an area where the City Council had been consistently glvmg to phllantl1Toplc orgamzatlons THE FOREGOING MOTION CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT 8 10 08 PM 34 Travel request and preauthonzatlOn for City DelegatIOn to attend Washmgton, D C AppropnatlOns Meetmgs arranged by the Ferguson Group (Washmgton D C Lobbymg Services) City Manager Brady commented on the Item He noted that the recommendatIOn was to go back to Washmgton, D C and send deSignated City representatives to try and get the City'S share of funds MOVED BY SCHIFFNER, SECONDED BY KELLEY TO DESIGNATE CITY REPRESENTATIVES AND APPROVE TRAVEL PREAUTHORIZATION FOR WASHINGTON, D C APPROPRIATIONS MEETINGS SCHEDULED FOR FEBRUARY 2007 Agenda Item No K Page 13 of I? Page 14 - CIty Council Meetmg Mmutes - January 9, 2007 Councllmember Buckley mqmred on the date of return City Manager Brady confirmed that they would return on the 7th Mayor Magee commented on the Item He noted that dunng the 4 p m seSSlOn, It was discussed that the meetmg With the Ferguson Group would take place on the 6th City Manager Brady commented on the budgeted amount Councllmember Buckley mqulred Ifpart of the fundmg would come out of the RDA budget THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8 15 PM THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8 18 P M PUBLIC COMMENT 8 18 16 PM Chns Hyland commented on safety hazards with RV's and boats bemg parked on streets She commented on the new vehicle parkmg ordmance She noted that she received a call that a reSident was told by Code Enforcement that If the vehicle was moved I mch, the owner of the vehicle could keep It there for another 24 hours She noted that there should be some conslderatlOn to changmg the ordmance m regard to that matter She noted that the City was m good financial standmg and staff was domg a great Job She noted that she had hoped Council would take pavmg Grand Avenue mto conSideration CITY MANAGER COMMENTS 8 20 55 PM CIty Manager Brady commented on the followmg I) Armounced the Mid-year budget study seSSlOn would be January 18th at 4pm Agenda Item No 1 c... Page 14 ofI7 Page 15 - City Council Meetmg Mmutes - January 9, 2007 CITY ATTORNEY COMMENTS No comments COMMITTEE REPORTS None CITY TREASURER COMMENTS 82137PM CIty Treasurer Weber commented on the followmg 1) Commented on the upcommg mid year budget study sessIOn He noted that there were some challenges that lied ahead CITY COUNCIL COMMENTS 82227 PM Mayor Pro Tem HIckman commented on the followmg 2) 3) 4) 1) Commented that the Martm Luther Kmg Prayer Breakfast was Monday, January 15th from 8 30 to 10 a m at the Diamond Club Commented on the Chamber of Commerce 58th armual InstallatIOn Dmner Warned agamst a scam that was bemg circulated via e-mail that was requestmg Social Secunty Numbers Thanked the Temescal Canyon High School Cheerleaders for adoptmg Semor CItizens over the holidays 823 38 PM CouncIlmember Buckley commented on the followmg 1) Noted that the Ammal Shelter Jomt Powers Authonty Meetmg was January 18th He noted that It conflicted with the mid-year budget He noted that he would do hiS best to try and attend the budget study sessIOn Agenda Item No \ C Page 15 ofl? Page 16 - City CouncIl Meetmg Mmutes - January 9, 2007 8 24 50 PM Mayor Magee commented on the followmg 1) Suggested that staffwork With Mr Burns for the fire engme restoratiOn 2) Requested that staff address Ms Atkms' comments about Time Warner He noted that he had received a lot of complamts about the level of service With Time Warner m regard to cable televlSlon and mternet services He suggested puttmg them on an agenda item so they can explam their level of service or lack thereof 3) Commented on the change m landscape standards m mdustnal areas He noted that he had been bombarded With complamts about the mcrease m the standards He noted that staff would be havmg meetmg With those mdividuals to diSCUSS the ordmance He noted that there may not have been an adequate amount of pubhc outreach to the development commumty before the ordmance went forward 4) Commented on Cruise Night Noted that a way to get the economiC benefit number would be to not agendize the item until those numbers are prOVided to staff 5) Commented on the lack of baseball fields at Alberhill Ranch He noted that staff mdicated that soccer would be played m that area He noted that he was remmded by the PreSident of the Lake Elsmore Little League that baseball was still America's past time and that they were desperately short of fields He requested that staff get together With the Little League and diSCUSS the needs for the Little League, adult softball and for girl'S softball 6) Commented on the loss of President Ford He noted that PreSident Ford was a true patnot and served With kmdness and digmty and helped the natiOn heal Mayor Magee closed the meetmg 10 honor of PreSident Ford The Regular City CouncIl Meetmg was adjourned at 8 28 P m Agenda Item No \ c.. Pagei60f17 Page 17 - City CouncIl Meetmg Mmutes - January 9, 2007 ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED MICHELLE SOTO, DEPUTY CITY CLERK ATTEST FREDERICK RAY, CMC, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No \ c... Page 17 ofl7 FEBRUARY 15 2007 CITY OF LAKE ELSINORE WARRANT ,UMMAR Y FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 2 202 898 96 105 MISCELLANEOUS GENERAL PROJECT FUND 18564259 110 STATE GAS TAX FUND 31969 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 13423688 135 L L M D NO 1 FUND 250 00 201 STREET C I PFUND 46313 204 SIGNAL C I PFUND 307018 205 TRAFFIC IMPACT FEE FUND 350 234 73 221 PARK C I PFUND 5 435 05 231 LIBRARY C I PFUND 1376869 254 89 1 RAILROAD CANYON IMPROVEMENT FUND 993 26 351 A D 87 2 DEBT SERVICE FUND 1539000 352 AD 86 1 DEBT SERVICE FUND 3 969 21 353 A D 89 1 DEBT SERVICE FUND 1845254 356 AD 90 1A DEBT SERVICE FUND 1 350 34 357 C F D 2003 02 DEBT SERVICE FUND 2 675 00 358 C F D 91 2 DEBT SERVICE FUND 450 00 360 A D 93 1 DEBT SERVICE FUND 2 000 00 362 C F D 951 (1996 E) DEBT SERVICE FUND 450 00 363 C F D 883 (1111997 A) DEBT SERVICE FUND 3 004 80 364 C F D 883 (1111997 B) DEBT SERVICE FUND 1 409 48 365 C F D 98 1 SUMMERHILL DEBT SERVICE FUND 4 972 82 366 C F D 2005 6 CITY CENTER DEBT SERVICE FUND 450 00 367 C F D 2006 1 SUMMERL Y/LAING DEBT SERVICE FUND 675 00 368 C F D 20062 VISCAYA DEBT SERVICE FUND 450 00 369 C F D 20043 ROSETTA CANYON DEBT SERVICE FUND 675 00 371 C F D 2005 1 SERENITY DEBT SERVICE FUND 313000 372 C F D 2005 2 ALBERHILL RANCH DEBT SERVICE FUND 675 00 373 C F D 20055 WASSON CANYON DEBT SERVICE FUND 450 00 374 C F D 2005 4 LAKE VIEW VILLAS DEBT SERVICE FUND 200 00 376 C F D 2006 3 LA STRADA DEBT SERVICE FUND 200 00 606 MOBILE SOURCE AIR POLLUTION 467 50 608 TRUST DEPOSIT AND PRE PAID EXPENSE FUND 2 291 07 620 COST RECOVERY SYSTEM FUND 8 039 68 650 C F D 2003 1 LAW & FIRE SERVICE FUND 250 00 GRAND TOTAL $ 2 969 390 60 2/21/2007 Warrant 021507 1011 AGENDA ITEM NO PAGE I OF Q... G, FEBRUARY 15 2007 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME 87944 EMPLOYMENT DEVELOPMENT DEPARTMENT 87945 JEAN BROWN 87946 CALIFORNIA PER S 87947 L1UNA LOCAL 777 87948 THE LI U OF N A 87949 STANDARD INSURANCE COMPANY 87950 STANDARD INSURANCE COMPANY 87951 V S P VISION SERVICE PLAN 87952 MAUREEN KANE & ASSOCIATES INC 87953 WESTERN CHAPTER ISA 87954 ICMA RETIREMENT TRUST 87955 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 88851 vOid (LAKE ELSINORE HISTORICAL SOCIETY DOWNTOWN MERCHANTS ASSOC) 89091 UNION BANK OF CALIFORNIA 89298 VOID 89299-89300 A & A JANITORIAL SERVICE 89301 ACTION PARK ALLIANCE INC 89302 ACTIVE MOTORS PORTS 89303 ALBERTO V BUSTOS 89304 ALL PHASE REFRIGERATION & AIR CONDITIONING INC 89305 AMERICAN ASPHALT SOUTH INC 89306 AMERICAN FENCE COMPANY INC 89307 AMERICAN FORENSIC NURSES 89308 AMERICAN MATERIAL CO 89309 AMERICAN RIVER COLLEGE 89310 AMERICAN RIVER COLLEGE 89311 AMERICAN RIVER COLLEGE 89312 AMERICAN RIVER COLLEGE 89313 ERICA ANDERSEN 89314 ANIMAL FRIENDS OF THE VALLEY 89315 APPLE ONE EMPLOYMENT SERVICES 89316 ARMSTRONG & BROOKS CONSULTING ENG 89317 89318 ARTISAN GOLDSMITHS & AWARDS 89319 ASSURANT EMPLOYEE BENEFITS 89320 AXEL ZANELLI PLANNING COMMISSIONER 89321 BANK OF AMERICA CITY MANAGER S OFFICE 89322 BANK OF AMERICA FIRE STATION #85 89323 BANK OF AMERICA FIRE STATION #10 89324 BANK OF AMERICA LAKE & AQUATIC RESOURCES DEPARTMENT 89325 BANK OF AMERICA COMMUNITY SERVICES DEPARTMENT 89326 BANK OF SACRAMENTO 89327 BEN CLARK TRAINING CENTER 89328 BEN CLARK TRAINING CENTER 89329 CYNTHIA BLOOD WILSON 89330 BUREAU VERITAS NORTH AMERICA INC 89331 C R & R DISPOSAL INC 89332 CA STATE TEACHERS RETIREMENT SYSTEM 89333 CALIFORNIA DEPARTMENT OF TRANSPORTATION 89334 THE CABINET PLANT 89335 CALOL YMPIC GLOVE & SAFETY CO 89336 CAMBERN & CENTRAL INVESTORS L L C 89337 JOHN CARLSON 89338 CCP INDUSTRIES INC AMOUNT $ 1133 132196 4027 51 131900 2 880 00 201182 303 25 144161 1 000 00 220 00 3 775 50 225 00 (7106) 35715528 000 2 563 75 8 332 00 214657 2 400 00 2 893 85 25 555 00 1 259 00 14100 10299 1000 10 00 1000 1000 359 25 7 500 00 195910 95188 111580 9841 59 228 38 98130 8425 62163 6464 1 622 69 33 559 89 600 51200 384 25 8 871 92 20255251 30481 04 8000 677400 17919 236 843 75 270 00 262 33 2/2112007 Warrant 021507 10F5 AGENDA ITEM NO 2- PAGE ,~ OF lo FEBRUARY 15 2007 I CITY OF LAKE ELSINORE I CHECK# VENDOR NAME 89339 CALIFORNIA CRIME PREVENTION OFFICERS ASSOCIATION 89340 CENTRAL SECURITY SERVICES INC I 89341 MARIA & JOSE CESAR 89342 CODED SYSTEMS L L C 89343 COMPUTER ALERT SYSTEMS INC 89344 KIRT A COURY 8934589346 CUTTING EDGE STAFFING INC 89347 D & SELECTRIC 89348 DANIELS TIRE SERVICE INC 89349 DEPUTY WILLIAM YOUNG 89350 DIEHL EVANS & COMPANY L L P 89351 DO IT CENTER 89352 CAROLE K DONAHOE A I C P 89353 DRESCO REPRODUCTION INC 89354-89358 E V M W D 89359 E S BABCOCK & SONS INC 89360 EILEEN S CLEANERS 89361 ELITE ELEVATOR INC 89362 ELSINORE ELECTRICAL SUPPLY INC 89363-89365 ELSINORE PIONEER LUMBER COMPANY 89366 ELSINORE VALLEY RENTALS 89367 EMPLOYMENT DEVELOPMENT DEPARTMENT 89368 ENVIROTEK CORPORATION 89369 ESRI INC 89370 ESSCO LAKE ELSINORE 89371 EXCEL LANDSCAPE INC 89372 FANTASTIC DISCOUNT SIGNS 8937389375 FEDERAL EXPRESS CORPORATION 89376 FEDERAL YOUTH COURT PROGRAM 89377 FERGUSON GROUP L L C 89378 DAVID FERGUSON 89379 THOMAS FETCH 89380 FILARSKY & WATT L L P 89381 FIRE ETC 89382 FIRST AMERICAN REAL ESTATE SOLUTION 89383 FORECAST HOMES 89384 FOREST WOOD FIBER PRODUCTS 89385 FRANKLIN COVEY 89386 CARINA GIANNONE 89387 JOHN GONZALES PLANNING COMMISSIONER 89388 GOVERNMENT FINANCE OFFICERS ASSOCIATION 89389 GRAINGER INDUSTRIAL SUPPLY 89390-89391 GREENSCAPE LANDSCAPE INC 89392 ARLINE GULBRANSEN 89393 LORENA HANCOCK 8939489396 HARRIS & ASSOCIATES INC 89397 HARRIS & ASSOCIATES INC 89398 HARTZOG & CRABILL INC 89399 HAULAWAY STORAGE CONTAINERS INC 89400 HI WAY SAFETY INC 89401 IMPACT PROMOTIONAL PRODUCTS 89402 INFINITY CONSTRUCTION 89403 INLAND EMPIRE LOCK & KEY 2/21/2007 Warrant 021507 20F5 W ARRANT LIST AMOUNT 3000 12600 4970 2 761 00 294 69 6 075 00 6 877 50 730 00 55681 170 00 8 000 00 71285 351180 6798 1180233 320 00 40150 31200 3 704 84 261644 237 02 7 650 00 597 52 23 305 25 319732 905 00 531 00 72813 585 00 603347 15000 19125 660 00 114107 357 80 1 000 00 484 88 442 02 15000 23310 21000 18600 3 767 00 440 80 7 627 50 53 634 40 247000 467 50 232 50 66531 112970 222 96 17549 AGENDA ITEM NO 2- PAGE .3 OF G FEBRUARY 15 2007 I I I CITY OF LAKE ELSINORE I I I VENDOR NAME I W ARRANT LIST CHECK# 89404 INLAND URGENT CARE 89405 INSTITUTE TRANSPORTATION ENGINEERS 89406 INTERNATIONAL CODE COUNCIL 89407 DE JANDA 89408 JEFF HAUSER MOBILE WELDING 89409 JIMMY FLORES PLANNING COMMISSIONER 89410 JOHN DEERE LANDSCAPES 89411 KOBATA&ASSOC INC 89412 EDWARD KONOPACKI 89413 KURAGAMI NURSERY BUENA PARK 89414 L & M FERTILIZER INC 89415 LA SIERRA FIRE EQUIPMENT 89416 LAKE BUICK PONTIAC GMC INC 89417 LAKE CHEVROLET 89418 LAKE ELSINORE FORD I 89419 LAKE ELSINORE HISTORICAL DOWNTOWN MERCHANTS ASSOCIATION 89420 LAKE ELSINORE TIRE & AUTO INC I 89421 LAW OFFICE OF RAUL B GARCIA 89422 LEAGUE OF CALIFORNIA CITIES 89423 PRECIOUS LEE 89424 LEMON GROVE RV STORAGE 89425 LIBRARY SYSTEMS & SERVICES L L C 89426 L1M & NASCIEMENTO ENGINEERING CORP 89427 LONG IN S AUTO SUPPLY 89428 LOWE S HOME CENTERS INC 89429 THE MARK FISHER COMPANY 89430 SANDRA MASSA LAVITT 89431 MBIA MUNISERVICE L L C 89432 MERCHANTS BUILDING MAINTENANCE 89433 LINDA M MILLER 89434 MOBILE SATELLITE VENTURES L P 89435 MODERN ALLOYS INC 89436 MORROW PLUMBING INC 89437 MSA INLAND EMPIRE/DESERT CHAPTER 89438 NBS GOVERNMENT FINANCE GROUP 89439 NFPA 89440 0 REILLY PUBLIC RELATIONS 89441 OCB REPROGRAPHICS 89442 OZ WIRELESS SOLUTIONS 89443 P F PETTIBONE & COMPANY 89444 PARTS PLUS 89445-89446 PETTY CASH 89447 PHIL MENDOZA PLANNING COMMISSIONER 89448 PITNEY BOWES PURCHASE POWER 89449 PLAYPOWER LT FARMINGTON INC 89450 POWERLAND EQUIPMENT INC 89451 PRE PAID LEGAL SERVICES INC 89452 PREMIUM PALOMAR MT SPRING WATER 89453 THE PRESS ENTERPRISE 89454 PRODUCTION VIDEO 89455 89457 PRUDENTIAL OVERALL SUPPLY 89458 QUAID TEMECULA HARLEY DAVIDSON 89459 QUILL CORPORATION AMOUNT 320 00 262 00 10000 12375 500 53 228 38 980 54 4 600 00 5239 862 00 3543 39712 359 45 1 796 05 18848 7106 13465 11764 1 960 00 402 37 750 00 1376869 6081 37 752 405 40 3 426 00 2 970 00 37500 3 722 00 6 077 40 7240 41026 141215 4000 1 329 80 15000 2 653 50 3106 4700 178 20 3300 502 06 230 58 3 000 00 457 52 44871 10360 43135 383 25 506 25 40551 304 69 2489 2/21/2007 Warrant 021507 30F5 AGENDA ITEM NO PAGE 4 OF ?r; FEBRUARY 15 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME 89460 QWEST COMMUNICATIONS 89461 R J NOBLE COMPANY INC 89462 RANCHO CALIFORNIA WATER DISTRICT 89463 RANCHO RUNNERS 89464 REBEL RENTS INC 89465 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE 89466 COUNTY OF RIVERSIDE REGISTRAR OF VOTERS 89467 RIGHTWAY SITE SERVICES INC 89468 RIVERSIDE COUNTY RECORDER 89469 RIVERSIDE COUNTY SHERIFF 89470 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR GARY L ORSO 89471 COUNTY OF RIVERSIDE BOB DOYLE SHERIFF 89472 ROBBINS PEST MANAGEMENT INC 89473 ANTHONY ROMERO 89474 JESUS ROQUE 89475 SADDLEBACK MATERIALS COMPANY INC 89476 SC ENGINEERING 89477 SCOTT FAZEKAS & ASSOCIATES INC 89478 SHAWN SLATER 89479 SHERWIN WILLIAMS CO 89480 SIGNS PLUS 89481 DAVID S SOLOMON 89482 SOUTHERN CALIFORNIA EDISON CO 89483-89484 SOUTHERN CALIFORNIA EDISON CO 89485 SOUTHERN CALIFORNIA GAS CO 89486 SPRINT 89487 SPRINT PCS C/O GIANNI & ASSOC 89488-89489 STAPLES 89490 STATE COMPENSATION INSURANCE FUND 89491 STATE WATER RESOURCES CONTROL BOARD 89492 STAUFFERS LAWN EQUIPMENT 89493 BOB STOVER INC 89494 TEAM AUTOAID INC 89495 TIM HODGES 89496 TOP LINE INDUSTRIAL INC 89497 TOWN & COUNTRY HOTEL 89498 TOWN & COUNTRY HOTEL 89499 TOWN & COUNTRY HOTEL 89500 TOWN & COUNTRY HOTEL 89501 TOWN & COUNTRY HOTEL 89502 TUSCANY HILLS LANDSCAPE & REC CO 89503 UNION BANK OF CALIFORNIA 89504 UNITED PARCEL SERVICE 89505 UNITED STATES POSTAL SERVICE 89506 US BANK 89507 VENUS PRINTING 89508 VERIZON CALIFORNIA INC 89509 VERIZON EQUIPMENT SALES & SERVICE 89510 VILLAGE EQUIPMENT RENTALS INC 89511 KY ANH VO AKA TOM VO JR 89512 VSPI INC 89513 VSPI INC 89514 WEST COAST ARBORISTS INC AMOUNT 127916 302 039 01 1101375 6500 18781 788 480 60 27 870 00 842 08 1100 1289601 72 00 307492 500 00 3 552 50 12000 855 20 1201050 6 124 78 170 00 628 45 650 00 374063 6 420 65 3418761 163741 24165 201034 985 33 1970225 7 406 00 41712 7 762 50 46651 170 00 322 99 320 46 3600 343 20 356 46 3600 9084752 1136921 294 68 319020 33 842 54 6237 435 29 51630 1 090 50 64125 500 00 500 00 1 179 50 2/21/2007 Warrant 021507 40F5 AGENDA ITEM NO PAGE .5 OF 2- (0 FEBRUARY 15 2007 CITY OF LAKE ELSINORE WARRANT U<;T CHECK# 89515 89516 89517 89518 89519 89520 89521 89522 VENDOR NAME WEST COAST SERVICES WINDOW CLEANING WEST GROUP WESTERN BANK OF CHINOOK WILLDAN WENDY WORTHEY Z BEST BODY & PAINT SHOPS INC 2 HOT ACTIVEWEAR & UNIFORMS 4 CON ENGINEERING INC AMOUNT 450 00 2802 2 607 49 1 632 00 7 350 00 1 523 25 18856 170 730 00 TOTAL PIE DATE $278830774 13045420 50 628 66 02/02/07 02102107 PAYROLL CASH PAYROLL TAXES GRAND TOTAL $ 2 969 390 60 2/21/2007 Warrant 021507 50F 5 AGENDA ITEM NO 2- PAGE r;, OF 0 CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL, REDEVELOPMENT AGENCY AND RECREATION AUTHORITY TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT ADDITIONAL IMPLEMENTATION DOCUMENTS TO CONCESSION AGREEMENT WITH DESTINATION R V RESORTS BACKGROUND In January 2005 the City Council approved a long-term concessIOns agreement With Destmatlon RV Resorts for development and operation of the Lake Elsmore Campground Smce then, the pnnclpalsofthe company, Fred Rice and Chet Roberts, have worked to secure the financmg In Apn12006, the CounCil considered and approvedcertam Implementmgdocuments submitted by Los Padres Bank that were necessary for a constructIOn loan for the proposed $17 million m Improvements However, due to certam title concerns raised by the bank's title company, these Issues were only resolved late last year In the mtenm, DestmatlOn R V has been seekmg additional mvestors to proVide long- term permanent financmg Recently, Destmatlon RV Resorts has received a commitment from Brentwood Capital Partners located m Los Angeles, California and those parties are m the process of finalIzmg a Management Agreement DISCUSSION Brentwood Capital Partners ("BCP ') manages two large real estate mvestmentfunds Background mformatlOn on BCP IS attached to thiS report ACENOA ITEM NO PAOE \ ~ OF .&0 JOINT REPORT TO CITY COUNCIL, REDEVELOPMENT AGENCY AND RECREATION AUTHORITY FEBRUARY 27, 2007 PAGE 2 In connectIOn with provldmg the permanent financmg BCP has requested approval of four documents which are attached to thiS report 1 An amendment to the ConcessIOn Agreement that would proVide (I) notice of default to BCP and (11) proVide that IfDestmatlOnR V Resorts mvest m additional new capital Improvements m excess of $17 million, that such Improvements would be counted towards the City'S buy-out optIOn ThiS provIsion Will serve to encourage additIOnal mvestment 2 In the event of a default on the loan, BCP requested the City consent to assign the ConcessIOns Agreement to the BCP The attached" ASSignment and AssumptIOn Agreement" satisfies thiS requirement and IS substantially Similar to the ASSignment Agreement prOVided to the constructIOn lender, Los Padres Bank 3 An' Estoppel Certificate' confirmmg that DestmatIon RV Resorts IS not m default of the ConcessIOn Agreement 4 A "Non-disturbance Agreement" that would have the City, the Redevelopment Agency Lake Elsmore RecreatIOn Authonty confirm that the ConcessIOn Agreement Will not be affected by the currently outstandmg bond and financmg lease utilized by the City and the Lake Elsmore RecreatIOn Authonty for the Lake Elsmore RecreatIOn Authonty 2000 Senes A Bonds FISCAL IMPACT There IS no cost to the City for approvmg the attached ImplementatIOn documents RECOMMENDATION For City CounCil I That the City COunCll approve the FIrSt Amendment to the ConcessIOn Agreement and authonze the Mayor to execute such amendment, subject to (I) BCP AGEN.DA ITEM NO PACE';< O'~ o JOINT REPORT TO CITY COUNCIL, REDEVELOPMENT AGENCY AND RECREATION AUTHORITY FEBRUARY 27, 2007 PAGE 3 enterIng mto a Management Agreement w1th DestmatJon RV Resorts and (11) any mmor modIficatIOns as may be approved by the C1tyAttorney 2 That the C1ty Counc1l approve the Ass1gnment and AssumptIOn Agreement and authorIze the Mayor to execute such agreement, subject to (1) BCP enterIng mto a Management Agreement w1th DestmatlOn RV Resorts and (11) any mmor modlficatlOns as may be approved by the C1ty Attorney 3 That the C1ty Counc1l approve the Estoppel CertIficate and authorIze the Mayor to execute such certIficate, subject to (1) BCP enterIng mto a Management Agreement w1th DestmatIOn R V Resorts and (11) any mmor modIficatIOns as may be approved by the C1ty Attorney 4 That the C1ty Counc1l approve the Non-d1sturbance Agreement and authorIze the Mayor to execute such agreement subject to (1) BCP entermg mto a Management Agreement w1th DestmatIOn RV Resorts and (11) any mmor modlficatIOns as may be approved by the C1ty Attorney For the Redevelopment Agencv 1 That the RedevelopmentAgency approve the Non-d1sturbanceAgreement and authorIze the Cha1rperson to execute such agreement, subject to (1) BCP entermg mto a Management Agreement W1th DestmatIOn RV Resorts and (11) any mmor modlficatIOns as may be approved by the C1ty Attorney For the RecreatIOn AuthorIty 1 That the RecreatIOn AuthorIty approve the Non d1sturbance Agreement and authorIze the Chalrperson to execute such agreement, subject to (1) BCP entermg mto a ManagementAgreement W1th DestmatlOn RV Resorts and (11) any mmor mod1ficatIOns as may be approved by the C1ty Attorney ACENDA ITEM NO PACE .3 ~ OF~ JOINT REPORT TO CITY COUNCIL, REDEVELOPMENT AGENCY AND RECREATION AUTHORITY FEBRUARY 27, 2007 PAGE 4 PREPARED BY DaVId H Mann, AssIstant CIty Attorney APPROVED FOR AGENDA BY AGENDA ITEM NO :5 PAGE" 0;: '00 II !-~ il !~ ~ ~ ~ ~ ~ -$ -~ -$ ~ -~ -~ $ ~ ~ , , ~ ~ , I, I BCP I BRENTWOOD CAPITAL PARTNERS February 14 2006 Mr Pat Kilroy Lake and Parks Director 130 S Mam Street Lake Elsmore CA 92530 VIA OVERNIGHT DELIVERY Dear Mr Kilroy Enclosed please find the followmg matenals regardmg Brentwood Capital Partners · Company Fund I & Fund II Outlme · Fund I FmancIals dated September 30 2006 It was a true pleasure meetmg you on site and we hope the mformatIon contamed wIll proVIde you WIth further background on Brentwood Capital Partners Fred RIce has probably gIven you a general outlme of our pnnclpals and activIties and as we are now headmg mto the final stages of our due dilIgence and documentation perhaps he has gIven you an additional bnefing on our mterest m DestmatIOn/RV Lake Elsmore I wIll let the company and fund overVIews speak for themselves but as an added perspectIve we wanted you to know that we are very selectIve about working With Jomt ventJ.Ires and sponsors In fact, some of the key cntena mclude both core competence m the real estate type and market but m relatIve busmess diSCiplInes such as development and management Further we approach tins opporturuty as one m a potential senes of mvestments m tins type of proJect and busmess Fred and Ins partner Chet Roberts have assembled not only a compellmg stand alone mvestment OppOrtunity but a bUSIness plan that we would lIke to see expanded as we prove the model and results of tins enterpnse Our pnnClpals come from both publIc sector and fidUCiary orgarnzatIons such as Arden Realty and AEW Capital Management As such our due dilIgence and documentatIon process IS ngorous and whIle we lIke to tInnk that you and your asSOCIates are beneficlanes of that effort and Investment on our part, we appreciate your patIence With the process and look forward to working With you on a great outcome m Lake ElSInore Please call anyone ofus With additional questions or requests iLtz h ~~ ~fi( Paul Slye Managmg Member Andrew Sobel ManagIng Member WIlbur Lm ASSOCIate ACENDA ITEM.NO.:3 _ PACE.-!! _OF ~, 11601 Wdsh re Bo Ie rd I Su [e 1675 I Los Angel sICA 90025 ph ne I 3lO405 7800 fax I 3lO405 7801 web I wwwbcpmgrcom 13 !~ !~ I~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ $ ~ ~ ~ ~ ~ ~ ~ ~ , , ~ , -, ~ -~ BRENIWOOD CAPITAL PARlNERS n, LP introduction Brentwood Capital Partners ( BCP ) IS fornung a $150 mllhon opportunIStic real estate mvestment fund called Brentwood CapItal Partners 11 LP ( Fund 11) Fund 11 like BCP s Fund 1 will target the small and middle market sector WIth a focllS on properttes m the Western Umted States Fund 11 WIll continue the pOSItIve momentum created by BCP s Fund I where BCP has deployed aver 75% of Fund 1 s $45 million of committed capltalm less than 12 months Transactions m Fund I have a currentcombmed value of aver $126 7 multon In the current and projected real estate market most real estate funds and IUstttutional mvestors contmue to see dramatically reduced multiples and returns ConsIStent WIth Fund 1 s successful mvestment strategy Fund 11 WIll focllS on opportunmes where the Size of the eqUity requrrements fly below the radar of most real estate funds and lUStitutlonalmvestors Fund 11 s Plpehne already mcludes a diverse group of small to mIddle market deals WIth a total transactIOn value of $470 multon and which caPltallZeS on (I) the favorable rmcro and macro economic oudook of BCP s targeted C"""" News markets (Il) select areas and CIfCUlUStances where dIStress and meffiClencles create bll)'lng opportumties (1lI) BCP s extensIVe market knowledge and network of key mdllStry resources and (IV) BCP s many years of successful IUvestment structunng and hands-on operatlng experttse Comoanv Overvrew Founded IU 2005 by Andrew J Sobel and Paul E Slye OCP was formed for the purpose of sponsonng a senes of htgh yrekhng prIVate real estate funds Mr Sobel and Mr Slye together have aver 45 years expenence as key executives m a senes of htghly successful small pnvate and large pubhcly traded real estate companies mcludmg Arden Realty Inc and AEW CapItal Management, IU addmon to the success to date of Fund 1 ThIS success mcludes the acqUISItion development, reposltionmg financmg and dISposItion of well over $12 billion of commerctal real estate Mr Sobel and Mr Slye have known each other profeSSionally for over 11 years The rest of the BCP team bnngs a deep and expenenced Institutional and entrepreneurtal real estate and pnvate eqUity skUI set that has access to tremendous deal flow m every property sector The BCP team collectlvely has aver 100 years of experience m the mvestment mdllStry WIth such firms as Morhn Management, PaCIfica CapItal Group Vmtage Capital Group CllShman & Wakefield Gumore Associates CB Commerctal and Brentwood Asset Management. Shoref'ne-Gatewav 1 ACENDA ITEM NO :3 PAGE_If, OF ...10 ! I ~ i J-~ I I I i ~ ~ ~ ~ ~ ~ $ $ $ $ $ $ $ $ $ , ~ ~ ~ ~ ~ , , ~ Investment SttatellV . Form of Invesbnenls - Fund Is mvesbnenls take the form of equuy preferred eqUity bndge and mezzanme loans and note purchases and Fund II wIll follow the same general course ApprOXImately 25% of Fund I s mvestment actMty has been through Jomt venture structures and OCP anticipates that up to 45% of Fund II will do the same The Increase m Jomt venture mvestInenls reflects BCP s growmg ablhty to source qual1ly transactIons and burld relatlonshlps With expenenced and successful commetcral real estate mvestors developers operators and vendors . Srze of Invesbnenls & Leverage - BCP targets opportumtles With eqUity reqUirements m the small and mtddle market sector a deal SiZe range m wh1eh most real estate funds and other mstltutlonal mvestors do not operate m WIth econOffilC effictency BCP typIcally leverages between 75% and 90% of a grven mvestInent s value through debt, With the remammg eqUity contnbuted through Fund assets and JV partner mvestInents Plava VISta Plaza . Property T:ypes - BCP acqurres a vanety of property types mcludmg office retaIl, hosPltahty select resIdential and mdustnal and specral purpose faclhtles BCP often targets projects dISmISsed by competltors as too comphcated or time or resource mtenslve to create substantial returns BCP s hIghly organIZed and expenenced team IS capable of extractlng hIgh yields from such opportunltles These mclude assets that have been under managed by mexpenenced absentee or caPital constramed owners assets that reqUire Iease-up lease restructunng cost-effective rehablhtatlon or reposmonlng redevelopment, and propertIes located m emergrng or transItIOnal markets that Will benefit from unprOVlng economic condmons . Drversrfu:atlon & RIsk Management Strategy - In addltlon to each of the four areas above BCP further diversifies Its mvestInents by mvestlng m pro]ects that are at drfferent development srages and have dIfferent development needs to maxlmiZe returns Projects may reqUITe entltlement work, zonmg changes ground up constructIon rehablhtatlon work, or Just lease-up work Westcreek . Addmonal diversity will be aclueved through targeting speCific sub-market geographu:allocatlons that have ImpfOVlng mfrastructures and economiC conditions low mventory of exlStlng product and! or hrgh bamers to entIy for new development. Fmally mvestlng With different and proven operatlng partners giveS BCP addmorral dIVerslficatlon whIle keepmg operatutg costs low Extt Strat.egles The targeted holdIng penod of Fund II s assets will range between three and five years dependIng on (I) the status of the property mcludmg entitlement, constructIon occupancy and tenant lease expltatIons and credIt, (u) local market condmons and (lll) the condItiOns of the capItal markets BCP routinely develops and unplements multlple exit strategies on both an mdMdual asset and portfoho basIS m order to capltalrze on BCP s knowledge of real estate and capital market trends and to lnaXlmlZe certamty of executlon and value to Fund mvestors 2 to :t~ li!t S S $ $ $ $ ~ '$ , ~~ ~ Manaeement Team & Pnncmals (Fund I & III Andrew J Sobel- Managmg Member eo.cEO & Founder Mr Sobel has over 23 years expenence In all facets of real estate Investment and portfoho management Since co- founding BCP Mr Sobel and Paul E Slye (see below) are JOintly responsible for BCP s strategy and VISion Pnor to co-foundmg BCP Mr Sobel acted as tbe Executive V Ice President of Strategic Planmng and Operanons for Arden Realty lne. (and Its predecessor ennty) from 1990 tbrough 2005 As ExecutIVe Vice President, he worked drrectly WItb Richard S Zmtan and was dlrecdy responsible for cteanng Implementmg and reahzlng Arden Realty s strategic obJecnves for Its real estate capital ntarkets, finance and corporate operanons Mr Sobel IS a member of vanous bUSiness and chantable orgamzatlons including tbe Chamnan s Crrcle for tbe Los Angeles BUSiness Councd, State Bar of Cahfornlll and IS a founding member of tbe JeWISh Venture Phtlantbropy Fund Los Angeles Mr Sobel receIVed hIS Bachelor s degree from State UnIVersity of New York at Oswego and hIS Jum Doctor degree from UnIVersity of Callfornlll at Berkeley (Boalt Hall) He was born In New York, New York In 1959 Paul E Slye - Managmg Member eo.cEO & Founder Mr Slye has over 22 years of expenence In real estate acqUISitiOns, dISPOSItiOns structured finance and eqUIty placement, ntanagement, leasmg development and construCtion. Dunng hIS career he has Invested over $400 mllhon of eqUIty In mulnple asset classes and entltles Ptlor to fonnmg BCP Wltb Mr Sobel, Mr Slye was Vice Chamnan of RealEnergy lnc a developer owner and operator of on.,nte power systems se1VlTlg tbe mstltunonal commercrnl real estate market from 2000 to 2004 Pnor to foundmg RealEnergy Mr Slye was a PnnClpal of Chatham Capital Partners, LLC from 1998 to 1999 a merchant banktng firm spec1llhzmg In structured transacnons prtvate placements and mezzanme debt Mr Slye was a Director of AEW Capital Management from 1994 to 1998 WItb responsmlhty for ntanagement of eqUIty Invesnnents In pubhc and pnvate companies WItb valltatlon In excess of $ I 7 btlhon Mr Slye IS an active member of numerous educanonal fundralSmg entlnes the Urban Land Institute (SDC Councd) and Westslde Urban Forum He receIVed hIS Bachelor s degree from Wesleyan UnIVersity completed courses of study In architecture and real estate finance at tbe Harvard UnIVersity Gradltate School of DesJg1l and IS a hcensed real estate broker Mr Slye was born In New Haven Connecticut In 1962 3 AGENDA ITEM NO 3 __ PAGE_'1._OF "!f Q ,~ ~ ~ ~ ~ ~ ~ -~ ~ ~ $ , ~ ~ $ ~ ~ BRENTWOOD CAPITAL PARTNERS I, LP FINANCIAL STATEMENTS As of September 30 2006 Balance Sheet Statement of Ope rat lOllS , =- ==t -~ " , ~ ~ -, ~ ~ -~ ACENDA ITEM NO -3 PACE_a=OF ~ L~ J~ ~ ~ :> !~ ~ $ ~ ~ -~ ~ $ ~ -~ ~ ~ -~ , , ~ -, , ~ -~ ~ '!I Brentwood Capital Partners I, LP CONSOLIDATED BALANCE SHEET As of September 30 2006 ASSETS CURRENT ASSETS Cash and cash eqUivalents Due from related party Prepaid expenses and other assets Total Current Assets $ 5 050 153 2029461 156911 7 236 525 INVESTMENT IN NON CONSOLIDATED ENTITY 1 767 943 INVESTMENTS IN REAL ESTATE TOTAL ASSETS $ 60 534 207 69538 675 LIABILITIES AND PARTNERS' EOUITY CURRENT LIABILITIES Accounts payable and other hab1l111es Due to related parties Short term loan Total Current Liablhl1es $ 240 190 582 628 9 894 058 10 716 876 NOTES PAYABLE 28 971 335 MINORITY INTEREST 607 860 PARTNERS EQUITY Accumulated and other comprehensive mcome Total Partners EqUity 29 242 604 29 242 604 TOTAL LIABILITIES AND PARTNERS EQUITY $ 69 538 675 ACENDA ITEM NO 3 PACE~_OF_&'O_ -~ REVENUES ~ Interest Income $ 526710 Rental Income 844 624 ~, I 371 334 -, EXPENSES Interest 78 194 Orgarnzal1on expense 27754 Loan comrmllnent fees 37500 Management fees 870 307 Professional fees 152146 Other expenses 511 586 Total Expenses I 677 486 LOSS BEFORE MINORITY INTEREST (306151) I t MINORITY INTEREST IN SUBSIDIARY LOSS l' NET LOSS $ (306 151) J~ .1.. 1~ ~ ~~ ~ Brentwood Capital Partners I, LP CONSOLIDATED STATEMENT OF OPERATIONS Year-to-Date Through September 30 2006 ACENDA ITEM NO ?J PAGEJ(tLoF~ FIRST AMENDMENT TO THE LAKE ELSINORE CAMPGROUND AND DAY USE FACILITY CONCESSION AGREEMENT TIDS FIRST AMENDMENT TO THE LAKE ELSINORE CAMPGROUND AND DAY USE FACILITY CONCESSION AGREEMENT (tlus Amendment), dated for Identlficatton purposes only as of February 27,2007 IS made and entered mto by and between the CITY OF LAKE ELSINORE a mumclpal corporatton (the City') and DESTINA nON RV RESORTS, LLC, a California limited liability company (the "ConcesslOnarre ) WIth reference to the follOWIng RECITALS The follOWIng ReCitals are a substanttve part of tlus Agreement Capitalized terms used herem and not otherWIse defined shall have the meamng set forth 10 Agreement A City and ConcessIOnaire have preViously entered mto that certain Lake Elsmore Campground And Day Use F8C1hty ConceSSIOn Agreement, dated as of January 25 2005 (the Agreement ') B The Parttes deSire to amend the Agreement NOW THEREFORE for good and valuable consideration, the receipt and suffiCiency of which are hereby acknowledged, City and ConcessIOnaire hereby agree as follows 1 Sechon I liS hereby amended to add the followmg defimhon "P05l-Develop~t PerIOd Improvements" means new Improvements additions alterations or other faCilities of a capital nature placed created or developed by ConcessIonaire after the Development Penod Post Development Penod Improvements shall not mclude the Qualified Improvements or mamtenance thereto 2 Sechon 26 3 paragraph (a) IS hereby amended to read as follows (a)(I) The unamortized balance as of the Purchase Date of the cost of the Qualified Improvements mcludmg all hard and soft costs of a capital nature permitted to be counted towards the Quahfied Investment 10 accordance WIth the terms of tlus Agreement, amortized over the Imhal ConcessIon Term at an mterest rate equal to the pnme rate as pubhshed 10 the Wall Street Journal on the Purchase Date plus two (2) percent (the Qualified Improvement Unamortized Balance ') and (a)(2) The unamortized balance as of the Purchase Date of the cost of the Post Development Penod Improvements mcludmg all hard and soft costs of a capital nature, amot1tzed over the Imtlal Concession Term at an mterest rate equal to the prtme rate as publtshed 10 the Wall Street Jouma1 on the Purchase Date plus two (2) percent (the Post Development Pmod Improvements Unamorl1zed Balance the QualIfied Intprovement Unamortized Balance and the Post Development Penod Intprovements Unamortized Balance shall be collectively referred to as the Unamortized Balance ) and Lake -.CoIlcessJoo.Am_021907 I ACENDA ITEM NO ~ PAGE~OF ~ 3 SectIon 28 IS hereby amended to proVided that the followmg entlty reCe1ve a copy of any notlce to the ConcesslOnll1re c/o Bep Manage1Ilent Ine Attn Paul Slye, Managing Menlber 11601 Wllslnre Blvd Soo 1675 Los Angeles CA 90025 4 Except as expressly proVided herem, all proViSions of the Agreement shall renlam unmodIfied and m full force and effect In the event of any mconslstenCles between the terms and proViSIOns of thIS Amendment and the terms and proViSIOns of the Development Agreement the terms and COndltlOns of thiS Amendment shall control With a copy to Uke EJsmore.CoIlcesslCll.....-..... 021907 2 AGENDA ITE~JlO _ 2; PAGE~Of~ 5 IN WITNESS WHEREOF the Partles have executed tins Agreement as of the respective dates set forth below "CITY" CITY OF LAKE ELSINORE a mUDlClpal corporatton Dated .2007 By Mayor A'ITEST CITY CLERK By FREDERICK RAY APPROVED AS TO FORM LEmOLD McCLENDON & MANN, P C City Attorney By -- BARBARA ZEID LEIBOLD "CONCESSIONAIRE" DESTINATION RV RESORTS, LLC, a Callforma bmlted babllJty company Dated .2007 By Fred RIce Manager Lake Elomono.CoIlc.......Ammdma1t021907 3 ACENDA ITEM NO 3 PACE~OF~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO (Space Above ThIs Lme For Recorder s Use) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the Agreement) IS entered mto as oftlns _ day of 2007 by and between BCP Destmatlon RV LLC, a Delaware !muted liabIlIty company ("Assignee) Destmatlon RV Resorts LLC a Callfonua lumted liabIlity company (AssIgDor") and the CIty of Lake Eismore a mUDlClpal corporation (the City '), WIth reference to the followmg facts RECITALS A CIty and ASSIgnor have entered mto that certaIn Lake Elsmore Campground and Day Use FacJilty ConcessIOn Agreement (the Agreemenf') dated for IdentificatIon purposes only as of January 25, 2005 that proVIdes for the use of the Property to AsSIgnor pursuant to the terms and condlt1ons set forth m the Agreement Addltlonally the CIty has preVIously consented to the as81gnment of the Agreement from ASSIgnor to Los Padres Bank pursuant to that certau1 ASSIgnment and AssumptIon Agreement, dated as of 200_ (the "Bank AssIgnment") TIill Agreen1ent and Bank ASSIgnment are public records and are avaIlable for pubhc inspectIon m the office of the CIty Clerk of the CIty of Lake Elsmore at 130 S MaIn Street, Lake Elsmore CalIfornIa 92530 B AsSIgnor desIres to 8881gn and delegate all of ItS nght, tltle and related obhgatlons under the Agreement to ASSIgnee and ASSIgnee deSIres to accept such assIgnment and assume all of As81gnor S dutIes under the Agreement upon the AsSIgnment Date C CIty desIreS to consent to the transact10n descnbed above and D The partles are entermg mto thIS agreement to (I) effectuate the assIgnment and delegation by AsSIgnor, and the acceptance and assumptlon by the ASSIgnee of all of AsSIgnor S nghts and obhgatlons under the Agreement WIth respect to the Property and (u) eVIdence the CIty S consent to such assIgnment and acceptance of such delegal10n and assumptlon and release of ASSIgnor NOW THEREFORE WIth reference to the foregomg RCClta1s and for other good and valuable consIderation, the rece1pt and adequacy of wluch are hereby acknowledged the parties mutually agree 88 follows 1 4412174v2 ACENDA ITErg ~ _ Q PACE~OF ~_ 1 Effective Date The Agreement shall be effective as of the date and tune of recordmg, m the OffiCial Records of Riverside County Callforma, of tins Agreement (the Assignment Date ') CapitaliZed tenns not othCl'Wlse defined herem shall have the meam"g." set forth m the Agreement 2 Asslllllment. Assmnntion ""d Consent Upon the Assignment Date Assignor hereby assigns and delegates to Assignee and Assignee hereby accepts and assumes from AsSignor all of ASSignor S nghts, title mterest and obl1gatlons If any under the Agreement With respect to the Property winch accrue from and after the ASSignment Date winch nghts and obhgatlons are more particularly descnbed m the Agreement Without Iumtmg the foregomg, ASSignee hereby agrees for the benefit of ASSignor and the City, to perform all of the obltgations of ASSignor under the Agreement that relate to the Property ansmg after the date of tins Agreement City consents to the assignment and delegation by Assignor, and the acceptance and assumption by Assignee of such nghts and obl1gations 3 RcoresentatlOns ASSignor hereby represents and warrants that except as otherWIse dtsclosed herem, It has not previously asstgned, pledged, hypothecated or otherWIse transferred any of Its nghts under the Agreement 4 Indernmficatlon. ASSignee agrees to mdernmfy, protect hold hannless and defend ASSignor and therr respective board members officers and employees from all swts actions clmms causes of action, costs demands Judgments and hens ansmg out of the ASSignee s fallure to perform any obhgation under the Agreement winch are assmned by ASSignee under Section 2 above, except to the extent such fallure may have been caused by AsSignor S Wlllful.Ill1sconduct or negligence or first arose pnor to the dale of thiS Agreement ASSignor agrees to mdernmfy, protect, hold harmless and defend ASSignee and Its respective board members, officers and employees from all SUits actions cllllms causes of action costs demands Judgments and hens ansmg out of the Assignor s failure to perform any obhgatlon under the Agreement winch arose pnor to the date of tins Agreement 5 Notices Formal notices, denJands and communications between the parties shall be suffiCiently given and shall not be deemed gIVen unless dtspatched by registered or certlfied mIIll postage prepllld, return reCClpt requested, or dehvered personally to the pnnClpal offices of the party to whom notice IS to be 81ven If to AsSignor Fred Rice Managmg Member Destlnalton R V Resorts LLC 125 Refu810 Road PO Box 1747 Santa Ynez, CA 93460 2 ,"12174'+'2 ACENDA ITE"~ _ :3 PACE-ILOF..:lIO If to Assignee clo BCP Management, IDc 11601 WIlshIre Blvd Ste 1675 Los Angeles CA 90025 AnN Paul Slye, Managmg Member If to CIty CIty Manager CIty ofLa1ce Elsmore 130 S Mam Street Lake Elsmore CA 92530 9 Govemml! Law The Agreement shall be mterpreted under and be governed by the laws of the State of Cahforma, except for those proVISIOns relatmg to chOIce of law or those proVISIons preempted by federal law 10 Entire Al!I'eement. ThIs Agreement IS the entire agreement between the parbes hereto WIth respect to the subject matter hereof and supersedes all pnor agreements and understandmgs whether wntten or oral between the parbes WIth respect to the matters contamed m thIs Agreement Any W8lver, modlf'icatJon consent or acqwescence WIth respect to any proVISion of thIS Agreement shall be set forth m wntJng and duly executed by or on behalf of the party to be bound thereby No w8lver by any party of any breach hereunder shall be deemed a wmver of any other or subsequent breach 11 Counteroarts ThIs Agreement may be executed In counterparts by the parbes hereto each of wluch shall be deemed to be an ongmal and all such counterparts shall consUMe but one and the same lnBlrunlent 12 Furll1er Assurances Each of the parbes agrees to execute further and supplementalmslrunlents as may be requested by another party to effectuate the pmposes and mtent of the Agreement 13 ThIrd Party BenefiCIaries No thIrd party shall have any nghts under thIS Agreement 3 4412174v2 AGENDA ITEM NO 2> PAGE~OF ~ IN WITNESS WHEREOF, the parttes have executed thiS Agreement as of the date first wntten above ASSIGNOR DESTINATION RV RESORTS, LLC a Cahfonua lumted hablhty company ASSIGNEE BCP Lake ElSlllore RV LLC a Delaware lllDlted habllity company By Brentwood Capital Partners I L P a Delaware lllDlled partnerslnp, Its sole member By Name Title By Brentwood Capital Partners, LLC a Cahfonua lumted liability company ItS general partner By Paul Slye Co-Managmg Member By Andrew Sobel Co Managmg Member "CITY" CITY OF LAKE ELSINORE a mumclpal corporation Dated By Mayor ATTEST City Clerlt APPROVED AS TO FORM LEIBOLD McCLENDON & MANN PC Barbara Zeid Leibold City Attorney 4 4412174 2 ACENDA ITEM NO ~ .. PACE-J..ib-OF ~ EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 8 4412174v2 ACENDA ITEM NO 3 PACE~OF ~'O CITY OF LAKE ELSINORE ESTOPPELCERT~CATE [Lake Elsinore CamlJr!round and Dav Use FacIlltv Concession Af!reementl .2007 To Destmatlon RV Resorts LLC ("Concessionaire) Attention Fred RIce 125 RefuglO Road SaDta Ynez Callforma 93460 And BCP Lake Elsinore RV LLC ( .!KZ) Attention Paul Slye 11601 Wllslure Boulevard, Swte 1675 Los Angeles Callforma 90025 Re Lake Elsmore Campground and Day Use FaCIlity ConcessIOn Agreement dated for reference purposes as of JaDuary 25 2005 aDd amended pursUaDt to that certam First Amendment to the Lake Elsmore Campground aDd Day Use FllC1l1ty ConcessIon Agreement dated for reference purposes as of February 27 2007 (collectively the Concession A2I'eement) by aDd between the City of Lake Elsmore a mumclpal corporation ( Cltv ), and ConcesslolllUre With respect to that certain.. Campground (as more fully descnbed m the ConcesSIon Agreement (the Premises ')) Ladles and Gentlemen The undersIgned hereby certifies to ConcesslolllUre BCP aDY mvestor purchaser, mortgagee or lender of Concesslon8Jre and/or BCP and/or any Jom! venture enllty wluch BCP aDd ConceSSlOlllUre aDd/or any affiliates thereof may form (collectively the Concessionaire Parties ) aDd their respecllve successors and assIgns as of the date hereof as follows I The ConcessIon Agreement, a copy of wluch IS attached hereto as ExlubJ! A. IS wunodlfied aDd m full force aDd effect there are no other promIses agreements, understandmgs or commJtments between the CIty and ConCCSSlOlllUIe relallng to the Prenuses except for that cert8Jn ASSIgnment and Assumpllon Agreement dated as of 200-, by aDd among Concesslonmre Los Padres Bank aDd CIty (the "Bank ASSIgnment") aDd except as otherWIse proVIded m the ConcessIOn Agreement the CIty has no nghts to modIfy or termmate the ConcessIon Agreement 2 To the best knowledge of the CIty neither the CIty nor ConcesslOD81re IS m default m the performance of any covenant, agreement or condition contamed In the ConcessIon Agreement, I ....12221 1 AGENDA ITE:: ? 'li6- PACECi!fWJ- OF or If the City has knowledge of any such default the default COnsiSts of the followmg 3 The Effective Date (as defined ill the Concession Agreement) of the Concession Agreement IS and the Development Penod (as defined In the Concession Agreement) under the Concession Agreen1ent commenced on, , 200_ 4 No Concession Fees (as defined In the Concession Agreement) or other fees are currently owmg under the Concession Agreement 5 ConcesslO1lll1I'e has paid the DepOSit (as defined m the Concession Agreement) m the amount of $50,000 00 under the terms of the Concession Agreement No other amounts have been paid by ConcesslOnll1l'e to the City under the ConcessIOn Agreement 6 The City has no actual knowledge of any cllllms by others against Concesslo1lll1I'e relating to the Premises or Its use 7 The undersigned acknowledges that (a) Concesslonll1l'e and BCP (or affiliates thereof) mtend to form a JOint venture to wInch the ConcesSlon Agreen1ent would be assigned (b) ThIs certdicate shall be rehed upon by each of the Concesslonmre PlI111es and their respective successors and asSigns 8 The City recogmzes and consents to the mortgage of ConcesslO1lll1I'e S mterest m the Prennses pursuant to the Concession Agreement, proVided, however that such mortgage shall not create an encumbrance or hen on the City s mterest In the Premises and lICCOrdmgly City does not consent to the recordation of such mortgage agmnst the Prenuses BCP s mortgage shall not Include any secunty ID the real property or personal property related to the Concession Agreement and such mortgage shall be consistent With the Section 14 I of the Concession Agreen1ent 9 Except for (I) Site FaClltty Lease recorded as Instrument No 2000 27001 m the offiCial records of Riverside County (11) Lease Agreement recorded as Instrument No 2000-27002 10 the offiCial records of Riverside County, (111) AsSignment Agreement recorded as Instrument No 2000 27003 In the offiCial records of Riverside County (IV) the Memorll11dum of Lease recorded as Instrument No 200_ m the offiCial records of Riverside County (v) the Bank Assignment, (VI) the QUltcIlI1m Deed recorded as Instrument No 254573 m the offiCial records of Riverside County and (VII) and such other recorded documents agmnst the Premises that are reasonably aVllllable for mspectlon 10 the Riverside County Recorder s Office the City has not otherwtse asSigned, conveyed, trlI11sferred sold encumbered or mortgaged Its mterest m the Concession Agreen1ent or the Premtses and there are no other mortgages deeds of trust or other secunty Interests encumbermg the City s fee andlor leasehold mterest In the Prenllses No thtrd party has any option or preferenttal nght to purchase all or any part of the Premises 2 ACENDA ITEM NO 3 PACE~OF ..1tD.- 4412221 I 10 The Cily has not receiVed wntten notice of any pending enunent domam proceedm~ or other govenunental actions or any JudICial actions of any kind agamst the City s mterest In the Prenuses II The City has not recelved wntten nonce that It IS m Vlolanon of any applicable law(s) or regulanon(s) applicable to Its Interest In the PretnIses IncludIng, Without hmttatJon, any enVlronmentallaws or the Amencans With Otsabtllnes Act, and has no reason to believe any claim of any such Vlolatton IS pendIng or otherWIse forthconung 12 No proVISion contamed herem shall be deemed an amendment or moddicatton of any proVISIOns contamed In the ConcesSion Agreement rs,,,,,Stures on FolloWlnl! Pagel 3 4412221 1 ACENDA ITEM NO 5 PAcE-tiNLOf ~- Executed on .200_ CITY CITY OF LAKE ELSINORE a IDUlI1Clpal corporation By Title Approved as to form tins _ day of ,200_ By DAVID H MANN AsSiStant City Attorney 4 ACENDA ITEM NO .3 _ PAGE>>-,OF .3lG- 4412221 1 RECORDING REQUESTED BY WHEN RECORDED MAIL TO Jeffer Mangels, Butler & Marmara LLP 1900 Avenue of the Stars Los Angeles, Callforma 90067 Attn Scott M Kalt Esq NON-DISTURBANCE AGREEMENT (Lake Elsmore Campground and Day Use FaClhty) TIllS NON DISTURBANCE AGREEMENT (tins AlU'eement) IS made as of the _ day of 2007 by and among the CITY OF LAKE ELSINORE a mUnICipal corporatton (the "Qn:) THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, a (the Aflenev'') the LAKE ELSINORE RECREATION AUTHORITY a Jomt powers authonty (the LERA ') and BCP DESTINATION RV LLC a Delaware hmlted hablhty company ( ConcesslonllU"e ) RECITALS A The City and the Agency are the fee Owners of that certatn real property located 01 the City of Lake Elsmore County of RIverside State of Callforma, descnbed m Exhtblt "A attached hereto (the "PreDllles' ) B The City and the Agency leased the Premises to the LERA pursuant to that certam Site and Faclhty Liase, dated (the Master Lease"), a memorandum of which was recorded on , as Instrument No , In the OffiCial Records of RIverside County Callfonua (the OffIcial Records ) C The LERA thereafter subleased the PremiSes to the City pursuant to that certam , dated (the Master Sublease ) a memorandum of whtch was recorded on , as lttstrument No , In the OffiCIal Records D The City and Concesslomure s predecessor In mterest, Destmatton RV Resorts LLC ( Destlnatton ') thereafter entered mto that certaIn Lake ElSinore Campground and Day Use Faclhty ConcessIon Agreement dated for reference purposes as of January 25 2005 (the , Concession Aflreement ) WIth respect to the development and operatton of the PremIses E Concurrently WIth the parnes executton of tins Agreement Desttnatton and ConcesslonBl1'e have entered Into that certam ASSIgnment of Concession Agreement, a copy of whtch IS attached hereto as ExhIbIt B (the Assi_ent of Concession Al!I'eement'') Pursuant to the ASSignment of ConcessIon Agreement, Desttnatton asSIgns to Concesslonarre all of the PremIses and the nghts and obltgattons related thereto as set forth 01 the ConcesSIOn Agreement The AsSignment of ConcessIon Agreement IS bemg recorded concurrently herewtth m the OffiCIal Records 4412462 I ACENDA ITEM NO ~ PACE.a!LOF~ " F The parties hereto now desrre to enter Into tins Agreement so as to clanfy certain matters pertauung to Concesslonarre S nghts under the ConcessIon Agreement NOW THEREFORE In consuleratlon of the foregOing and of the mutual agreement of the parties hereto to the terms and condtttons heremafter contamed, the parties hereto agree as follows I In the event the LERA shall default In the payment of any sum or performance of any covenant or condltton of the Master Lease beyond any appltcable cure penod, all as proVIded therein, or In the event of any termmatlOn or exptratlon of the Master Lease for any reason whatsoever pnor to the explratlon of the term of the ConcessIon Agreement as proVIded m the ConcessIOn Agreement, then the CIty and the Agency acknowledge and agree that the ConcessIon Agreement, and all terms proVISIOns covenants and agreements thereof shall survive any such default or defaults In, or termmatlon or explratlon of the Master Lease whether such termination occurs as a result of or ansmg out of any such default or defaults or otherwIse and the ConcessIOn Agreement shall contlnue In force and effect m accordance WIth and subject to all of ItS terms proVISIOns agreements and covenants 2 In the event the City shall default m the payment of any sum or performance of any covenant or condtnon of the Master Sublease beyond any appltcable cure period all as proVIded theretn, or m the event of any termmatlon or explratton of the Master Sublease for any reason whatsoever pnor to the exptranon of the term of the ConcessIon Agreement as proVIded In the ConcessIon Agreement, then the LERA acknowledges and agrees that the Concession Agreement, and all terms proVISIOns covenants and agreements thereof shall survIve any such default or defaults In, or termmatton or explratton of the Master Sublease whether such termmanon occurs as a result of or ansmg out of any such default or defaults or otherwIse and the ConcessIon AgI'eCIIlent shal1 contlnue m force and effect In accordance WIth and subject to all of Its terms proVISIOns agreements and covenants as a dIrect agreement WIth the LERA ConcesslonatrC agrees In such event, to attorn to the LERA and to recogmze the LERA m place and stead of the CIty under the ConcessIon Agreement The LERA shall m such event, exerc1se and undertake all of the nghts, obltgatlons and duttes of the CIty m and under SaId ConcessIOn Agreement and thereafter shall be entttled to collect all fees and payments due and payable under SaId ConcessIon Agreement 3 The LERA agrees that, pnor to temunatlng the Master Sublease or takmg any proceedmgs to enforce any such termmanon thereof for any reason other than the explratton of the term of the Master Sublease as prOVIded theretn, the LERA shall gtve Concesslonmre tInrty (30) days nonce m wntmg pnor to the effecttve date of such termmatton, spectfymg the reason for such termmatlon. 4 The LERA hereby approves the ConcessIon Agreement and of the nghts and pnVlleges granted to the ConcesslOnmre thereunder and agrees that, for and dunng the term of the ConcessIOn Agreement and any extensIons thereof the LERA shall not take any actton dIrectly or mdtrectly to dtsturb or otherWIse affect Concesslonmre s nghts and pnvtleges WIth respect to the PremIses so long as ConcessIOnaIre IS not m default under the ConcessIon Agreement, nor shall ConcesslOnmre S exerCIse of any such nghts or pnvlleges constttute a default under the Master Sublease or the ConcessIon Agreement 2 ACENDA ITEM NO 3 __ PACE--1S__Of ~~ 04412462 1 5 No proVision contamed herem shall be deemed an amendment or modtfical1on of any proViSIOns contamed m the Concession Agreement, mcludmg, WIthout hmtl1ng the generahty of the foregomg any nghts given thereunder to Concesslonmre to tenmnate the ConcessIOn Agreement 6 TIns Agreement shall be btndmg upon and shall mure to the benefit of the parttes hereto and their successors transferees and assigns 7 TIns Agreement may be Signed m mull1ple counterparts which shall when Signed by all parttes consl1tute a bmdmg Agreement 3 4412462 I AGENDA ITEM NO ~/ PfGE :It._Of ~ IN WITNESS WHEREOF, the partIes hereto have executed thts Agreement as of the day and year first heremabove set forth Cltv' "Ailenel" CITY OF LAKE ELSINORE a mumClpal corporatton REDEVELOPMENT AGENCY OF TIlE CITY OF LAKE ELSINORE, a By TItle By- TItle LERA" LAKE ELSINORE RECREATION AUTHORITY a Jomt powers authonty By- TItle Concesslonatre" BCP DESTINATION RV LLC a Delaware hmlted hablhty company By- BCP Lake Elsmore RV LLC a Delaware hmlted hablhty company Its Managmg Member By Brentwood CapItal Partners I L P II Delaware hmtted partnerslup, Its Sole Member By Brentwood CapItal Partners LLC a Cahfonua hmtted hablhty company Its General Partner By Paul Slye Co Managmg Member By Andrew Jlobel Co Managmg Meniher 4 ACENDA ITEM NO ?) PACE~O~_OF .51'-,- 4412462 1 4412462 1 Approved as to form tillS _ day of ,200_ By DAVID H MANN Deputy City Attorney ACENDA ITEM NO _.::s ~' PACEA _OF !io EXHIBIT "A" LEGAL DESCRIPTION 4412462 1 ACENDA ITEM NO 3 PACE~ OF ~ EXHIBIT "B" ASSIGNMENT OF CONCESSION AGREEMENT 12 4412462 1 AGENDA ITEM NO PACE!ia....-OF_ ' CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM BARBARA ZEID LEIBOLD, CITY ATTORNEY DATE FEBRUARY 27, 2007 SUBJECT CITY ACQUISITION OF REAL PROPERTY FROM THE MICHAEL P MACKEY AND ELENE F MACKEY TRUST, TYRA L ELLIOTT, AND DAVID AND ELIZABETH HARROLD BACKGROUND Tyra L EllIott (APN 389 100-016), DaVid and ElIzabeth Harrold (APN 389 100025), and the Michael P Mackey and Elene F Mackey Trust (APNs 389- 100019 and 389 100024) are the owners of four parcels adjacent to Mendlan Street m the City of Lake Elsmore (collectively, the "Properties or smgularly the "Property") In order to accommodate the realIgnment and Improvement of Nichols Road, the City commenced negotiatIOns With the above-referenced owners to acquire the Properties DISCUSSION Followmg extensive negotiations With the owners and consultatIOns With the City Council, the Owners have agreed to sell their Properties to the City The total acqulSltIon cost of the Properties IS $257,300 plus closmg and mCldental costs The City Attorney prepared an Agreement and Escrow InstructIOns for Purchase and Sale of Real Property (the "Agreements") for each of the four parcels We have received executed ongmals from Ms EllIOtt and anticipate signed ongmals pnor to the City CouncIl's February 27, 2007 meetmg from the Harrolds and the Mackey Trust Each of the Agreements IS m substantially the form attached With the details of each transaction mserted The Agreements ACENDA ITEM NO 4- PACE-L-OF::B: REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 2 will allow the City to further mvestigate site/SOlI conditiOns and provide for up to a 90 day escrow FISCAL IMPACT $257,300 plus dosmg and other mCidental costs RECOMMENDATION I That the City CounCil approve the attached from of the Agreement and authonze the Mayor to execute the Agreements, subject to any mmor modificatiOn as approved by the City Attorney, and 2 That the City CounCil authonze the City Manager to execute any ancillary documents necessary to implement the terms and conditions of the Agreements, mdudmg (without hmitatiOn) the Acceptance of the Grant Deed PREPARED BY BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA BY ACENDA ITEM NO tJ P)'CE 2. ~ OWNER(S) APN ESCROWffITLE NO FIrst AmerIcan TItle Insurance Company AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY (thIs Agreement) IS entered mto as of January -' 2007 ( Reference Date ) by and between the CITY OF LAKE ELSINORE a CalIfornia mUnicipal corporatIOn ( Buyer) and (the Seller) This Agreement IS for acqulSltlOn by the Buyer of certam real property heremafter set forth m Attachment No I to ExhIbIt A and IS made on the basIs ofthe followmg facts mtentlOns and understandmgs RECIT ALS A Seller IS the present owner of that certam unimproved real property located m the City of Lake Elsmore CalIfornia generally deSCrIbed as Assessor s Parcel No and more particularly deSCrIbed m Attachment No I to ExhibIt A (the Property ) B Seller deSires to convey fee SImple absolute tItle m the Property to Buyer m accordance With the terms and condll1ons of thiS Agreement and Buyer deSlfes to acqUIre the Property m accordance With thIS Agreement AGREEMENT NOW THEREFORE for good and valuable consideratIOn receIpt of whIch IS acknowledged the partIes agree as follows I Purchase and Sale Upon the terms and conditIOns contamed herem Buyer hereby agrees to purchase all of Seller s rIghts tItle and mterest m and to the Property from Seller and Seller agrees to sell assIgn and convey all of Seller s rIght title and mterest m and to the Property to Buyer 2 Purchase Price The purchase dollars ($ prIce for the Property shall be ) (the Purchase PrIce) 3 PublIc Purpose Buyer deSires to purchase the Property for a publIc purpose 4 Sale Under Threat of CondemnatIon Buyer IS a CalIfornIa mUnicIpal corporatIOn and has the power to condemn property wlthm ItS terrItorIal boundarIes for mUnicIpal purposes pursuant to Article I SectIOn 19 of the CalIfornIa ConstItutIOn the CalIfornIa Emment Domam Law (Cal Code ofClv Pro 91230010 et seq) and the 5th Amendment to the ACEI'iDA rrEM NO PAGE ?-:> t..f - OF_ 26_ Umted States ConstItutIOn This Agreement IS m heu of the City exerclsmg ItS condemnatIOn power to acqUire the Property 5 Escrow 5 I Open Escrow Wlthm five (5) days after the executIOn of this Agreement by Buyer and Seller the partIes shall open escrow ( Escrow) With First Amencan Title Insurance Company (the Escrowrrltle Company) located at 1250 Corona Pomte Court SUite 200 Corona CA 92879 AttentIOn Terrell Crutchfield 5 2 Escrow Fees, Costs and Taxes a Seller shall pay any hens back taxes and penaltIes on the Property m full pnor to the close of escrow and shall cause the hens to be discharged and the discharge shall be recorded In the alternative the Seller may elect to have any hens paid m full through Escrow to the henholder from the fair market value deposited mto Escrow by the Buyer proVided however that the amount deposited by the Buyer mto Escrow IS sufficient to satIsfy all outstandmg hens If said hens are paid through Escrow Escrow shall cause the hens to be discharged and the discharges recorded pnor to conveyance of fee Simple absolute tItle b Buyer shall pay (I) the cost of any documentary transfer taxes on the executed and recordable grant deed which IS sufficient to convey tItle to Buyer and which IS m substantially the form set forth m Exhibit A (Grant Deed) (u) fees for recordmg the Grant Deed (111) Escrowrrltle Company fees (IV) fees for recordmg and fihng any documents reqUired to close escrow other than the Grant Deed (v) the cost of a premIUm for a Cahfornla Land Title ASSOCiatIOn Standard Pohcy of tItle msurance msunng m the Property m the amount of the Purchase Price (VI) the costs associated With conductmg a Phase I environmental survey of the property If Buyer determmes one IS necessary and (vu) the costs of any extended coverage Amencan Land Title ASSOCiatIOn msurance coverage mcludmg any land survey costs or other title pohcy m excess of the premIUm for the standard coverage ( CLTA ) pohcy 6 Close of Escrow The Close of Escrow shall mean the time and day the Grant Deed IS filed for record With the Riverside County Recorder which shall be thirty (30) days after the opemng of Escrow proVided however the Close of Escrow may be extended by Buyer to allow additIonal tIme to satIsfy the conditIOn to Close of Escrow set forth m subdiVISion (d) of SectIOn 7 2 but m no event later than nmety (90) days after the opemng of Escrow (the OutSide Closmg Date ) 7 ConditIons of Close of Escrow The Close of Escrow IS conditIoned upon the satIsfactIOn of the followmg terms and conditIons 7 I Seller's ConditIOns of Close of Escrow The Seller at ItS electIOn shall not be obhgated to close escrow If a Buyer IS m matenal default of this Agreement 2 f rmpur has d al gr erne tNch IsRo d AC:fND,/\ !TEM NO _Y PAGE~~ b Any of Buyer s representatIOns and warranties contamed herem shall be proven matenally untrue c Buyer shall not have deposIted the Purchase Pnce and Buyer s share of costs descnbed m SectIOn 5 2(b) above With Escrowffltle Company or d Buyer shall not have deposited With Escrowffltle Company any document reasonably requIred of It by Escrowffltle Company to close escrow 7 2 Buyer's CondItIons of Close of Escrow Buyer at ItS electIOn shall not be obhgated to close escrow If a Seller IS m matenal default of this Agreement b Any of Seller s representatIOns and warranties contamed herem shall be proven matenally untrue c Seller does not proVide venficatlOn to Buyer pursuant to SectIOn 8 below that Seller IS the sole owner of record of the Property and that there are no other owners of the Property d The Buyer m ItS sole and absolute dIscretIOn does not approve of the results of such SOils geologIcal tOXIC waste hazardous substance and/or any other kmd of sOli or water contammatlOn tests and analyses as the Buyer or ItS representative may perform either before or after the openmg of Escrow as part of an environmental site assessment or m accordance With the federal Comprehensive EnVironmental Response CompensatIOn and Llablhty Act 42 U S C SectIOn 9061 et seq e If after revIew of a prehmmary title report Issued by FIrst Amencan Title Insurance Company ( Escrowffltle Company ) or any other title msurance company of Buyer s chOIce ( Title Report) Buyer determmes that Seller does not hold legal title to the Property or that Escrowffltle Company upon payment of ItS regularly scheduled premIUm has not agreed to Issue an A TLA Owner s Title Insurance Pohcy ( TItle Pohcy ) for the Property upon Close of Escrow m the amount of the Purchase Pnce showmg title to the Property vested of record m the name of the Buyer m fee Simple subject only to such exceptIOns as approved by Buyer m wntmg or f Buyer does not approve the conditIOn of the Property Buyer shall approve or waive the conditions set forth m subsectIOn (c) (d) or (e) of thiS SectIOn 7 2 on or before such date as IS fifteen (15) days pnor to the Close of Escrow proVIded however Buyer may extend the time to approve or waive the conditIOn set forth m subsection (d) of thIS SectIOn 72 to such date as IS fifteen (15) days pnor to the Close of Escrow 8 Seller's ObhgatIons Not later than the tenth (10th) day pnor to the Close of Escrow Seller shall dehver to Escrow the followmg 3 form purchase and sale agreeme t N chols Road ACENOA ITEM NO Ll PACE c::;-- OF 2:j a An executed and recordable Grant Deed suffiCient to convey title to Buyer m substantially the form set forth m Exhibit A and b A certdicatlon of Non Foreign Status under the Foreign Investment Real Property Tax Act ( FIRPT A Certdicate ) duly executed by Seller under penalty of perjury m substantially the form of Exhibit B settmg forth Seller s address and SOCial secunty number and certlfymg that Seller IS not a foreign person for purposes of SectIOn 1445 of the Internal Revenue Code of 1986 as may be amended and any regulatIOn promulgated thereunder and Seller IS a reSident taxpayer m the State of California for purposes of Revenue and TaxatIOn Code Sections 18805 and 26131 9 Buyer's OblIgations Buyer shall deliver to Escrow on or before noon one busmess day before the anticipated Close of Escrow (or such earlier time as may be reqUired by the EscrowfTltle Company) the followmg a The Purchase Pnce and b The Certificate of Acceptance (Attachment No 2 to Exhibit A) and any other documents reasonably reqUired of It by the EscrowfTltle Company m order to close escrow 10 Representations and Warranties The representatIOns and warranties set forth herem shall survive the Close of Escrow 10 I Representations and Warranties of Seller Seller represents and warrants to Buyer as follows a AuthorIty Seller IS the sole owner of the Property and Seller has full nght power and lawful authonty to grant sell and convey the Property as proVided herem and b TItle Seller at the time of the execution of this Agreement IS seized of the Property m fee Simple and IS the lawful owner of and has good mdefeaslble title to the Property Without exceptIOns and C Litigation To the best of Seller s knowledge there are no actIOns SUitS matenal claims legal proceedmgs or any other proceedmgs affectmg the Property or any portIOn thereof at law or m eqUity before any court or governmental entity domestic or foreign and d Condition of Property The Property IS m good condition free of contammatlOn and there are no substances matenals or products on or about the Property which 4 form purchase and sale agreement NIchols Road AGENDA ITEM NO y.- PAGE (p~ may be an environmental hazard such as but not limIted to fuel or chemical storage tanks and contammated soil or water and e Seller has provided Buyer wIth true and accurate copies of all studies reports and other data commissIOned by or m the possessIOn of Seller regardmg the condItIOn of the Property mcludmg SOlis and geologICal mvesttgatlOn and tests for tOXIC or hazardous substances and other contammatlOn f Governmental ComplIance Seller has not receIved any notice from any governmental agency or authonty allegmg that the Property IS currently m VIOlatIOn of any law ordmance rule regulatIOn or reqUirement applicable to ItS use and operation and g No Conflict or ViOlation To the best of Seller s knowledge neither the executIOn of thIS Agreement nor the performance of the obligatIOns herem Will conflict With or constitute a default or a breach under any contract lease agreement or other mstrument or order which affects the Property or to which Seller IS a party or by which It IS bound and h FlRPT A Seller IS not a foreign person wlthm the parameters of FIRPT A or any Similar state statute or IS exempt from the proVISIOns of FIRPT A or any SimIlar state statute or that Seller has complied and will comply WIth all the requIrements under FIRPT A or any Similar state statute and No Seller Bankruptcy Seller IS not the subject of a bankruptcy proceedmg 10 2 Representations and WarrantIes of Buyer Buyer represents and warrants to Seller as follows a Authority Buyer has full right power and lawful authOrity to purchase the Property as proVided herem and b No Confllct Buyer s executIOn delivery and performance of ItS obligatIOns under thiS Agreement WIll not constitute a default or a breach under any contract agreement or order to which Buyer IS a party or by whIch It IS bound 10 3 Ongomg RepresentatiOns and Warranties Unttl the Close of Escrow Seller and Buyer shall upon learnmg of any fact or condltton whIch would cause any of the warranties and representatIOns made by them 10 SectIOn 10 I and 10 2 respectively to not be true as of the Close of Escrow Immediately give written nottce of such fact or condition to the other party 10 accordance With SectIOn 17 4 hereof Such exceptIOn to a representatIOn shall not be deemed a breach by such party hereunder but shall constItute an exceptIOn whIch the other party shall have a right to approve or dIsapprove If Buyer elects to close Escrow followmg dIsclosure of mformatlOn that would have an effect on the value and/or operation of the Property Seller s representatIOns and 5 fonn purchase and sale agreement Nichols Road ACENDA ITEM NO PACE '-:::f 4 OF 23 warranties contamed herem shall be deemed to have been made as of the Close of Escrow subject to such exceptlOn(s) If followmg the disclosure of such mformatlOn Buyer elects to not close Escrow then this Agreement and the Escrow shall automatically termmate and neither party shall have any further nghts oblIgatIOns or lIabIlities hereunder The representations and warranties set forth m SectIOns 10 I and 10 2 shall survive the Close of Escrow II Escrow InstructIOns This Agreement constitutes the Jomt escrow mstructIons of Buyer and Seller and the EscrowITltle Company to whom these mstructlOns are delIvered IS hereby authonzed and mstructed to act under this Agreement The parties hereto agree to do all acts necessary to close this Escrow m the shortest possible time Any msurance polICies for fire or casualty are not to be transferred and Seller Will cancel ItS own polICies after the Close of Escrow All funds received m the Escrow shall be depOSited With other escrow funds m a general escrow account(s) and may be transferred to any other such escrow trust account many State or NatIOnal Bank domg busmess m the State of CalIforma All disbursements shall be made by check from such account Seller Buyer or EscrowITltle Company may require that the parties sign supplemental escrow mstructlOns as determmed necessary or convement m order to accomplIsh the Close of Escrow of thiS transactIOn provided that If there IS any mconslstency between thiS Agreement and the supplemental escrow mstructlOns then the provIsIOns ofthls Agreement shall control The parties agree to execute such other and further documents as may be reasonably necessary helpful or appropnate to effectuate the provlSlons of thiS Agreement EscrowlTltle Company IS mstructed to release Seller s escrow closmg and Buyer s escrow closmg statements to the respective parties 11 I Tax Adjustment Procedure EscrowlTltle Company IS authonzed and IS mstructed to comply With the followmg a Pay and charge Seller for any unpaid delInquent taxes and/or penalties and mterest thereon and for any delInquent or non delmquent assessments or bonds agamst the Property and b Pay and charge Seller for all taxes whICh Will be due at the Close of Escrow and EscrowITltle Company shall prorate taxes consistent With the reqUirements of the Riverside County Tax Collector s office 11 2 AuthOrIty of EscrowlTltle Company authonzed to and shall EscrowlTltle Company IS a Pay and charge Seller for any amount necessary to place title m the condition necessary to satIsty thiS Agreement 6 form purchase and sale agreement Nichols Road AGENDA 1TE-'>'I NO 3- PAGE ~ OF 26. b Pay and charge Buyer and Seller for any escrow fees charges and costs payable under thIs Agreement c DIsburse funds deliver and record the Grant Deed when Buyer and Seller have fulfilled condItions of this Escrow d Do such other actions as necessary mcludmg obtammg the policy of title msurance to fulfill ItS obligatIOns under this Agreement e If the provIsIOns of FIRPT A or sImilar state act apply to the transactIOn memonalized 10 thIS Agreement and unless Seller IS not a foreIgn person or an exemptIOn applies the Escrowffltle Company shall deduct and WIthhold from Seller s proceeds ten percent (10%) of the gross sales pnce and shall otherwIse comply WIth all applicable provIsIons ofFIRPT A and any SImIlar state act Seller and Buyer agree to execute and deliver as dIrected by Escrowffltle Company any mstrument affidaVIt and statement and to perfonn any act reasonably necessary to comply WIth the provlSlons ofFIRPTA and any SImIlar state act and regulatIOn promulgated thereunder As may be required by Escrowffltle Company Seller expressly agrees to execute a FIRPT A CertIficate substantially 10 the fonn of the attached Exhibit C certIfymg that Seller has complied WIth the real estate reportmg reqUIrement of the FIRPT A f Prepare and file WIth all appropnate governmental or taxmg authontles a umfonn settlement statement closmg statement, tax wlthholdmg fonns mcludmg an IRS 1099 S form and be responsIble for wlthholdmg taxes If any such forms are proVIded for or reqUIred by law All time limIts wlthm which any matter herem speCIfied IS to be perfonned may be extended but only by mutual agreement of the partIes hereto and by amendment of thIS Agreement Any amendment of or supplement to thIS Agreement must be 10 wntmg and SIgned by both partIes hereto II 3 TermmatlOD If Escrow IS not 10 condItIOn to close by the OutSIde Closmg Date then eIther party which has fully perfonned under thIS Agreement may 10 wntmg demand the return of money or property and tennmate thIS Agreement If neIther party has fully complied WIth the proVISIOns of Escrow no demand for return of documents shall be recognIzed untIl five (5) days after Escrowffltle Company shall have delivered copIes of such demand to all other partIes at the respective addresses shown m SectIOn 17 4 of thIS Agreement If any objectIOns are raIsed wlthm saId five (5) day penod Escrowffltle Company IS authonzed to hold all papers and documents untIl mstructed by a court of competent JurIsdIctIOn or by mutual wntten mstructlOns of the parties Buyer however shall have the sole optIon to WIthdraw any money depOSIted by It for the acqUIsItion of the Property If no objectIOns are raised wlthm saId five (5) day penod thIS Agreement shall tennmate TennmatlOn of thIS Agreement shall be WIthout prejudIce as to whatever legal nghts either party may have agamst the other arlsmg from thiS Agreement If no demands are made the Escrowffltle Company shall proceed WIth the Close of Escrow as soon as pOSSIble 7 f nn purchase and sale ag eement Nichols Road AGENDA ITEM NO 4 :-s PAGE~OF 2 12 TItle 12 I DelIvery of TItle Report The Buyer has obtamed at Its expense a PrelImmary TItle Report on the Property 122 Approval PerIOd From the date of the PrelImmary Title Report until fifteen (15) days pnor to the Close of Escrow (the Approval Penod ) Buyer shall review and approve the PrelImmary Title Report and revIew and mvestIgate the phYSical and envIronmental conditIOn of the Property and any other factors or matters relevant to Buyer s deCISIOn to purchase the Property If the Property IS not acceptable for any reason whatsoever Buyer shall have the nght by glvmg wntten notIce to Seller and Escrowffltle Company on or before the last day of the Approval Penod to tennmate thIS Agreement If Buyer does not delIver wntten notIce tennmatmg thiS Agreement to Seller and Escrowffltle Company on or before the last day of the Approval Penod Buyer shall be deemed to have approved the Property and thIS Agreement shall contmue m full force and effect 13 Loss or Damage Loss or damage to the Property by fire or other casualty occurrmg pnor to the recordatIon of the Grant Deed shall be at the nsk of Seller In the event that loss or damage to the Improvements on the Property by fire or other casualty occurs pnor to the Close of Escrow Buyer may elect to (a) reqUire that the Seller pay to Buyer the proceeds of any msurance whIch may become payable to Seller by reason thereof or (b) reduce the total pnce by an amount equal to the msurance payable to Seller 14 Close of Escrow 14 I TIme. When Escrowffltle Company IS m a posItIon to Issue the TItle PolIcy and all reqUired documents and funds have been deposited With Escrowffltle Company and Buyer and Seller have adVised the Escrowffltle Company m wntmg that the ConditIons of Close of Escrow set forth herem have been satisfied or waIVed Escrowffltle Company shall Immediately close Escrow as prOVIded below The faIlure of Seller or Buyer to be m a pOSItIOn to close Escrow by the OutSIde Closmg Date shall constItute a default hereunder by the party not m a pOSItIOn to close 14 2 Procedure. Escrowffltle Company shall close Escrow for the Property as follows (I) Record the Grant Deed With mstructlOns for the Recorder of RIverside County CalIfornia to delIver the Grant Deed to Buyer (n) Pay the Purchase Pnce to Seller reduced by appropnate charges agamst Seller hereunder (Ill) DelIver the FIRPT A CertIficates to Buyer form purchase and sale ag eeme t Nichols Road ACENOAlTEM NO ~ PACE~O~ I I I j 8 (IV) Instruct the Escrowffltle Company to delIver the Title PolIcy to Buyer (V) FIle any mformatlOnal reports reqUired by Internal Revenue Code SectIOn 6045( e) as amended and (VI) Forward to both Buyer and Seller a separate accountmg of all funds receIved and dIsbursed for each party and copIes of all executed and recorded or filed documents deposited mto Escrow wIth such recordmg and filIng date endorsed thereon 15 CondItIon of Property Buyer shall cause to be completed such sOlis geologIcal tOXIC waste hazardous substance and/or any other kmd of soil or water contammatlOn tests and analyses as the Buyer as Buyers deems necessary and approprIate m ItS sole and absolute dIscretIon Such testmg shall be completed by an envIronmental consultmg company acceptable to Buyer ( EnvIronmental Consultant) and shall be at the CIty s sole expense Seller hereby grants to Buyer the EnvIronmental Consultant and any of Buyer s other representatIves a rIght of entry to the Property at reasonable tImes for the purpose of conductmg SOlis and geologIcal mvestIgatlOn and tests for tOXIC or hazardous substances and other contammatlOn Buyer may perform such tests eIther before or after the opemng of Escrow as part of an environmental sIte assessment or m accordance wIth the ComprehenSIve EnvIronmental Response CompensatIOn and LiabIlIty Act (42 USC 9061 et seq) 16 IndemmficatIon, LImItatIon on LIabIlIty, LIquIdated Damages 16 I IndemmficatlOn Seller hereby agrees to mdemmfy defend and hold Buyer harmless from and agamst any claIms damages demands lIabIlItIes losses Judgments expenses and attorneys fees and/or costs resultmg from any materIal breach of thiS Agreement by Seller mcludmg WIthout lImItatIOn the falSIty of any representatIOn or warranty made by Seller contamed m thIS Agreement 162 LImItatIOn on LIabIlIty NeIther Buyer nor Seller shall m any event be entItled to and each hereby waIves any rIght to seek consequentIal damages of any kmd or nature from the other party arIsmg out of or m connectIOn WIth thIS Agreement 163 LIqUIdated Damages IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROERTY AS SET FORTH HEREIN BY REASON OF ANY DEFAULT OF BUYER IT IS AGREED THAT THE BUYER DEPOSIT SHALL BECOME NONRREFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS SELLER S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IT IS AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CIVIL CODE SECTION 9 form purchase and sale agreement Nichols Road ACENDA ITEM NO 4_ PACE \1 ~ 1671 ET SEQ BUYER AND SELLER AGREE THAT IS WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER S FAILURE TO COMPLETE ITS PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE SELLER S RIGHTS UNDER THIS AGREEMENT IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW AGENT TO EFFECTUATE THE TERMS OF THIS PARAGRAPH BUYER AND SELLER AGREE TO EXECUTE THE SAME THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW BUYER S INITIALS SELLER S INITIALS 17 General PrOVISIOns 17 1 Real Estate Brokerage CommIssIon Seller and Buyer each represent and warrant to the other that no broker or finder IS entitled to any commISSIOn or finder S fee m connectIOn wIth thiS transactIOn and each agrees to defend and hold harmless the other from any claIm to any such commiSSIOn or fee resultmg from any action on ItS part 17 2 ASSIgnment ThiS Agreement shall be bmdmg upon and shall mure to the benefit of Buyer and Seller and their respective helTS personal representatives successors and assigns Buyer shall have the nght to assign thIS Agreement or any mterest or nght under thIS Agreement or under the Escrow without obtammg the pnor wntten consent of Seller The Seller may not assign any of ItS nghts pursuant to thiS Agreement wIthout the wntten consent of the Buyer In no event shall any assIgnment relIeve the assignIng party of any of ItS oblIgatIOns under thIS Agreement 17 3 Attorneys' Fees In any actIOn between the parties to mterpret enforce award modIfY rescmd or otherwIse m connectIOn with any of the terms or provIsIons of thIS Agreement the prevaIlIng party m the actIOn shall be entitled m addItIOn to damages mJunctlve relIef or any other relIef to whIch It might be entitled reasonable costs and expenses mcludmg wIthout lImitatIOn lItigatIOn costs and reasonable attorneys fees 17 4 Approvals and Notices Any approval disapproval demand document or other notice ( NotICe) which either party may deSire to gIve to the other party under thIS Agreement must be m wntmg and may be gIven by any commercIally acceptable means to the party to whom the Notice IS dIrected at the address of the party as set forth below or at any other address as that party may later deSIgnate by NotIce Any Notice gIven under thiS paragraph whether personally or by mall shall be deemed receIved only upon actual receipt by the mtended party To Seller 10 AGENDA ITEM NO 4- PAGE--1.20F 2 ~ form purchase and sale agreeme t N chols Road To Buyer City of Lake Elsmore 130 So Mam Street City of Lake Elsmore Cahfornla 92530 AttentIOn Robert A Brady Copy to Leibold McClendon & Mann 23422 Mill Creek Dnve Laguna Hills CahfornIa 92653 AttentIOn Ahsha M Santana Esq A copy of any Notice by either party hereunder shall be sent to Escrow/Title Company FIrst Amencan Title Company 3625 14th Street POBox 986 Riverside Cahfornla 92501 AttentIOn Terrell Crutchfield 175 JUrisdiction and Venue ThiS Agreement shall be construed under the laws of the State of Cahfornla m effect at the time of the slgmng of thIS Agreement To the extent perrmtted by law the parties consent to the JunsdlctlOn of the Cahfornla courts WIth venue m RiversIde County 17 6 Titles and CaptIOns TItles and captIOns are for convemence of reference only and do not define descnbe or hmlt the scope or the mtent of thiS Agreement or of any of ItS terms References to sectIOn numbers are to sectIOns m thiS Agreement, unless expressly stated otherwIse 177 No Waiver A waiver by either party of a breach of any of the covenants conditions or agreements under thIS Agreement to be performed by the other party shall not be construed as a waiver of any succeedmg breach of the same or other covenants agreements restrictions or conditions ofthls Agreement 17 8 ModIficatIOns Any alteratIOn change or modificatIOn of or to thiS Agreement m order to become effectIve shall be made m wntmg and m each mstance SIgned on behalf of each party 17 9 Severability If any term proVISIOn conditIOn or covenant of thIS Agreement or ItS apphcatlOn to any party or circumstances shall be held to any extent mvahd or unenforceable the remamder of thIS Agreement or the apphcatlOn of the term proVISIOn condition or covenant to persons or cIrcumstances other than those as to whom or whIch It IS held mvahd or unenforceable shall not be affected and shall be vahd and enforceable to the fullest extent permitted by law 17 10 Reserved 11 fonn pu chase and sale agreeme t Nichols Road AGENDA ITEM NO PACE_l 3 4- OF 7.2, 17 11 ComputatIon of Time The tIme 10 which any act IS to be done under this Agreement IS computed by excludmg the first day (such as the day Escrow opens) and mc1udmg the last day unless the last day IS a holIday or Saturday or Sunday and then that day IS also excluded The term holIday shall mean all holIdays as specified 10 SectIOn 6700 and 6701 of the Cahforma Government Code If any act IS to be done by a particular tIme dUring a day that tIme shall be Pacific Time Zone tIme 1712 Tax and Legal Advice SELLER REPRESENTS AND WARRANTS THAT THE BUYER HAS NOT PROVIDED TAX OR LEGAL ADVICE TO SELLER IN CONNECTION WITH THIS AGREEMENT SELLER FURTHER REPRESENTS AND WARRANTS THAT HE OR SHE HAS BEEN ADVISED OF HIS OR HER RIGHT TO LEGAL COUNSEL AND TAX ADVICE AND HAS EITHER OBTAINED THE ADVICE OF INDEPENDENT LEGAL COUNSEL OR A TAX ADVISOR WITH RESPECT TO THE TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO AND OTHER AGREEMENTS REQUIRED HEREBY OR HAS KNOWINGLY AND VOLUNTARILY DECIDED NOT TO CONSULT WITH LEGAL COUNSEL OR A TAX ADVISOR OF HIS/HER CHOOSING SELLER S INITIALS 17 13 Time of Essence Tlme IS expressly made of the essence With respect to the performance by Buyer and Seller of each and every oblIgatIOn and conditIOn of thiS Agreement mcludmg Without lImitatIOn the Close of Escrow 17 14 CooperatIOn Each party agrees to cooperate With the other 10 the closmg of thiS transactIOn and 10 that regard to sign any and all documents which may be reasonably necessary helpful or appropriate to carry out the purposes and mtent of thiS Agreement mcludmg but not lImited to releases or additIOnal agreements 17 15 Offer Any delIvery of unSigned copies of thiS Agreement IS solely for the purpose of review by the party to whom delIvered and neither the delIvery nor any prIor commumcatIons between the parties shall 10 any way be construed as an oblIgatIOn to enter mto thiS Agreement The slgnmg of thiS Agreement by Seller constitutes an offer that cannot be revoked for a perIod of SIXty (60) days Seller s offer shall be deemed accepted by Buyer and thiS Agreement shall be bmdmg only upon executIOn by or on behalf of Buyer followmg approval by the governmg board of the Buyer at an open and agendlzed meetmg 17 16 SectIon 1031 Exchange Seller may consummate the sale of the Property as part of a so called lIke kmd exchange (the Exchange) pursuant to SectIOn 1031 of the Internal Revenue Code of 1986 as amended (the Code) prOVided that (I) the Close of Escrow shall not be delayed or effected by reason of the Exchange nor shall the consummatIOn or accomplIshment of the Exchange be a conditIOn precedent or conditIon subsequent to any oblIgatIons under thiS Agreement (n) the Exchange shall be effected through a qualIfied mtermedlary and Buyer shall not be reqUired to take an assignment of thiS Agreement or hold title to any real property for purposes of effectmg the Exchange and (111) the party makmg the Exchange shall pay any additIOnal costs that would not otherwise have been mcuITed by the 12 form p rchase and sale ag eement Nichols Road ACENDA ITEM ~9 _ 4 PAGE~OF 7.2::> other had the Exchange not been made The terms of thIs Section 17 16 shall not affect or dlmmlsh the nghts of either party hereto and Buyer shall not be deemed to have warranted that the Exchange complies WIth SectIOn 1031 of the Code 18 Agreement m Total 18 I Merger of PrIOr Agreements and Understandmgs ThIS Agreement contams the entire understandmg between the parties relatmg to the transactIOn contemplated by thIS Agreement All pnor or contemporaneous agreements understandmgs representatIons and statements oral or wntten are merged m thiS Agreement and shall be of no further force or effect 18 2 Counterparts ThIs Agreement may be sIgned m multiple counterparts which when signed by all parties shall constitute a bmdmg agreement 18 3 ExhIbIts Incorporated by Reference All exhIbIts attached to thIS Agreement are mcorporated m thiS Agreement by thiS reference ThIs Agreement IS executed m three (3) duplicate ongmals each of which IS deemed to be an ongmal This Agreement mcludes thIrteen (13) pages a signature page (Page 14) and three (3) exhIbIts mcludmg ExhIbIt A Grant Deed Attachment No I to ExhibIt A Legal DescnptlOn and Attachment No 2 to ExhIbIt A Certificate of Acceptance and ExhibIt B Seller s CertificatIOn of Non Foreign Status [SIGNATURE PAGE FOLLOWS] 13 form purchase and sale agreement Nichols Road AGENDA ITEM NO PACEJS 4 OF ..(-S IN WITNESS WHEREOF, the Buyer and the Seller have signed thiS Agreement and Escrow Instructions for Purchase and Sale of Real Property on the date set forth below "SELLER" Dated By "BUYER" CITY OF LAKE ELSINORE Dated By Robert E Magee Mayor APPROVED AS TO FORM LEIBOLD MCCLENDON & MANN PC By Barbara Zeld Leibold City Attorney ESCROWrrITLE COMPANY'S CONSENT EscrowfTttle Company hereby acknowledges receipt of this Agreement and consents to the terms and conditions set forth herem ESCROWrrITLE COMPANY" By Name Its Dated 14 form purchase and sale agreement Nichols Road ACENOA ITEM NO PACE \LP 4 OF 13 EXHIBIT "A" GRANT DEED WHEN RECORDED MAIL AND MAIL TAX STATEMENTS TO CITY OF LAKE ELSINORE 130 So Mam Street Lake Elsmore CA 92530 DOCUMENTARY TRANSFER TAX $ NONE FREE RECORDING REQUESTED PURSUANT TO GOV T CODE SECTION 6103 GRANT DEED FOR VALUABLE CONSIDERA nON receipt of which IS hereby acknowledged ( Seller) hereby GRANT(S) to the CITY OF LAKE ELSINORE a Cahfoffila mUnicipal corporatIOn the real property referred to as APN No and descTlbed as SEE ATTACHMENT NO I TO EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE "SELLER" Dated By Exhibit A form purchase and sale agreement ACENDA ITEIIJI NO 4 P"OE /4- ~ ATTACHMENT NO 1 TO EXHIBIT "A" LEGAL DESCRIPTION The land referred to herem IS situated m the State of Cahfornla, County of Riverside City of LAKE ELSINORE described as follows [Legal DescriptIOn] Attachment I to Exhibit A form purchase and sale agreement AGENDA ITEM NO OF~ PAGE fro OF STATE OF CALIFORNIA ) ) ss COUNTY OF ) On before me , Notary Public (Prmt Name of Notary PublIc) personally appeared 0 personally known to me or 0 proved to me on the basts of sattsfactory evtdence to be the person(s) whose name(s) Is/are subscrIbed to the within Instrument and acknowledged to me that he/she/they executed the same In hls/her/thelr authorIzed capaclty(les) and that by hls/her/thelr slgnature(s) on the Instrument the person(s) or the enttty upon behalf of which the person(s) acted executed the Instrument WITNESS my hand and offiCial seal SIgnature Of Notary OPTIONAL Though the data below IS not reqUired by law It may prove valuable to persons relYing on the document and could prevent fraudulent reattachment of thiS form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 Individual 0 Corporate Officer Tltle(s) Title Or Type of Document D Partner( s) D Limited D General D Attorney In Fact D Trustee(s) Number Of Pages D Guardian/Conservator D Other Date Of Document Signer IS representing Name OfPerson(s) Or Enttty(les) Slgner(s) Other Than Named Above Attachment I to Exhibit A Page 2 AcmOA ITEM NO JJ PACED OF 73 fOM P rchase and sale agreement STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me Notary Pubhc (Prmt Name of Notary PublIc) personally appeared 0 personally known to me or 0 proved to me on the basIs of satIsfactory eVIdence to be the person(s) whose name(s) Is/are subscrIbed to the WIthIn Instrument and acknowledged to me that he/she/they executed the same In hls/her/thelr authOrIzed capaclty(les) and that by hls/her/thelr slgnature(s) on the Instrument the person(s) or the entIty upon behalf of whIch the person(s) acted executed the Instrument WITNESS my hand and officIal seal Signature Of Notary OPTIONAL Though the data below IS not reqUIred by law It may prove valuable to persons relYIng on the document and could prevent fraudulent reattachment ofthls form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 IndiVidual 0 Corporate Officer Tltle(s) Title Or Type of Document 0 Partner( s) 0 LImIted 0 General 0 Attorney In Fact 0 Trustee(s) Number Ofpages 0 GuardIan/Conservator 0 Other Date Of Document Signer IS representIng Name OfPerson(s) Or Entlty(les) Slgner(s) Other Than Named Above Attachment I to ExhIbIt A Page 3 ACENDA ITEM NO 4- PACE 20 ~ form purchase and sale agreement ATTACHMENT NO 2 to EXHIBIT "A" CERTIFICATE OF ACCEPTANCE Government Code Section 27281 THIS IS TO CERTIFY that the CITY OF LAKE ELSINORE a CalIfornia mUniCipal corporation actmg through the Lake Elsmore City Council hereby accepts for publIc purposes the real property or mterest therem conveyed by Grant Deed executed by and dated January ---' 2007 and consents to the recordatIOn thereof IN WITNESS WHEREOF I have hereunto set my hands and affixed the City s offiCial seal thiS _ day of form pu chase and sale agreement CITY OF LAKE ELSINORE a mUnicipal corporatIOn By Attachment 2 to Exhibit A Page 1 ACENDA ITEM NO l..J PAGE21~ STATE OF CALIFORNIA ) ) ss COUNTY OF ) On before me . Notary Pubhc (Pnnt Name of Notary Pubhc) personally appeared . 0 personally known to me or 0 proved to me on the basIs of satisfactory eVidence to be the person(s) whose name(s) Is/are subscnbed to the wIthin Instrument and acknowledged to me that he/she/they executed the same In hls/her/thelr authonzed capaClty(les) and that by hls/her/thelr slgnature(s) on the Instrument the person(s) or the entity upon behalf of whIch the person(s) acted executed the Instrument WITNESS my hand and offiCial seal SIgnature OfNotarv OPTIONAL Though the data below IS not reqUIred by law It may prove valuable to persons relymg on the document and could prevent fraudulent reattachment of thiS form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 IndIVIdual 0 Corporate Officer Tltle(s) Title Or Type of Document 0 Partner(s) 0 Limited 0 General 0 Attorney In Fact 0 Trustee( s) Number Of Pages 0 Guardian/Conservator 0 Other Date Of Document SIgner IS representmg Name Of Person( s) Or Entlty( les) Slgner(s) Other Than Named Above Attachment 2 to ExhibIt A Page 2 form p rchase and sale agreeme t ACENDA ITEM NO PACE 22. 4 OF L.:.s EXHIBIT "B" SELLER'S CERTIFICATION OF NON FOREIGN STATUS To mfonn the CITY OF LAKE ELSINORE a CalIfornIa mumclpal corporatIOn ( Transferee) that wlthholdmg of tax under SectIOn 1445 of the Internal Revenue Code of 1986 as amended ( Code ) will not be reqUIred upon the transfer of certam real property descrIbed as Assessor s Parcel No 389 100 016 4 located m the CIty of Lake Elsmore CalIfornIa to the Transferee by (the Transferor) the undersigned hereby certIfY the followmg I/we amJare not a nonresIdent alIen for purposes ofUmted States mcome taxatIOn 2 My/our Umted States taxpayer IdenttfYmg number (SocIal SecurIty Number) IS 3 My/our address IS Transferor understands that thIS CertIficatIOn may be dIsclosed to the Internal Revenue ServIce by the Transferee and that any false statement contamed herem could be pumshed by fine ImprIsonment or both Under penalty of perjury I/we declare that I/we have exammed thIS CertIficatIOn and to the best of my/our knowledge and belIef It IS true correct and complete and we further declare that I/we have authOrIty to sIgn thIS document on behalf of the Transferor "SELLER" Dated By ExhIbIt B ACENDA ITEM No_4 PACE L::S~ form purchase and sale agreement CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MA YOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT REQUEST FOR PARTICIPATION BACKGROUND The CIty and the Lake Elsmore Ulllfied School DIStnct entered mto a Jomt Powers Agreement m1991 for the shared use and mamtenance of the field area at Terra Cotta MIddle School for soccer purposes The CIty and DIStnct have benefited greatly wIth the partnershIp that was formed through the JP A document DISCUSSION Attached please fmd a letter of request from Mr MIke Sattley Drrector of FacIhtIes ServIces WIth the Lake Elsmore Ulllfled School DIstnct regardmg the CIty s OpportUlllty to Jom WIth tlle DIStnCt for tlle construction of a gymnasmm at Terra Cotta MIddle School The project total IS estImated at $3 000000 WItll tlle CIty s contnbutIon at $750 000 The DIStnCt would match tlle City s contnbutIon and the balance of funds ($1 500 000) would be secured through PropoSItIon ID The CIty would be requrred to provIde a small portIOn of ItS contnbutIOn at tlle earhest m tlle fall of 2008 to aSSIst m tlle deSIgn fees The balance of $750000 contnbutlon would be needed as part oftlle 20092010 budget year The benefIts to the CIty and commumty are many Havmg a faCllIty of thIS SIze and progranrrnabIhty at a portIOn of tlle cost would provIde the CIty WIth much needed space to develop botll youth and adult basketball and volleyball leagues and programs Based on deSIgn and floonng applIcatIons specIal events and youth mdoor soccer h....._ ... : 1.. ~ J 5 PA.,,:---L-uF 1 II REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 2 programs could be establIshed as well The CIty s contrIbution would guarantee pnonty use durlllg non school hours and activIty times FISCAL IMPACT The cost to the City Will be $750 000 and WIll need to be lllc1uded as part ofthe 2009 2010 fIscal year budget RECOMMENDATION It IS staff s recommendation that the Mayor and City CounCIl approve the request to partIcIpate III the construction of a new gymnasmm at Terra Cotta MIddle School for a total not to exceed $750 000 DA OF COMMUNITY SERVICES PREPARED BY APPROVED FOR AGENDA BY e.:;: ': ! E ,r 0 ~C::S ~ or: ~ PA~: ol. _ . LAKE ELSINORE UNIFIED SCHOOL DISTRICT 545 Chaney Street Lake Elsinore CA 92530 I 951/2537000 . FAX 951/2537084 January 25 2007 Dave Sapp Director ofCornmu111ty ServIces City of Lake Elsmore 130 SO.lt.I:1I'Aa n Street- Lake Elsmore CA 92530 , II I Ii --:::.. - - Re Jomt Use Project Dear Mr Sapp With the passmg of ProposItIon ID fundmg has been made aVaIlable for Jomt use I projects for school distrIcts throughout Cahforma In the past you mentIoned that the I City would have mterest m a Jomt project for a gymJathletIc faclhty at Terra Cotta Middle School The gym would enhance the ph~lCal educatIon progrmn at the school as II well as proVIde housmg for city basketball leagues etc at 111ght and on the weekend The State progrmn would offer up to $1 500 000 wlthl'a local match for the City and School DistrIct of approximately $750 000 each for a project total of$3 000000 Please let me know If the City of Lake Elsmore would be mterested m this type of I program Your qUIck response IS appreCiated The aVaIlable money IS not expected to last very long as there IS a large amount of partIcipatIon With thiS type of program ApphcatIons are due to the State on May 1 2007 If you have any questIons please do not heSitate to contact me Smcerely ~ L- Mike Sattley Director of FaclhtIes SerVIces Cc Damn Watters - ASSistant Supenntendent Busmess SerVIceS , GOVERNING BOARD JeanIe Corral Kim J COUSins Jon Gray Tom Thomas , SUPERINTENDENT Frank W Passarella Ed D II Sonja Wilson PoctNC"-.ITEM NO PAC;: 3 5 OF ."3 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT FAITHFUL PERFORMANCE AGREEMENT AND BOND APPLICANT CITY -INITIATED REQUEST Approve the CIty FaIthful Performance Agreement and Bond as to form, and authonze the CIty Manager to execute such agreements on behalf of the CIty WIth developers of projects wIthm the CIty PROJECT LOCATION CIty WIde BACKGROUND New development projects m the CIty are deSIgned and constructed to provIde ImgatIOn and landscapmg as part of theIr Improvements to the SIte Landscapmg not only enhances the attractIveness of the project and complements the archItecture, but plantmgs also serve to buffer land uses, prOVIde pnvacy, screen nOIse and wmd and playa VItal role m erOSIOn control, pollutIOn elIrmnatIon, and slope stabIlIzatIon It IS essentIal that ImgatIon systems and landscapmg are properly mamtamed m an effiCIent, healthy and VIable manner Broken spnnklers should be repaIred dymg plants and trees should be removed and replaced WIth sIrmlar plants and trees . throughout the lIfe of the development Projects are reqUIred by condItIOns of approval to mamtam ImgatIon and landscapmg However, once CertIficates of Occupancy are granted, there has been no mechanIsm that motIvates or mom tors the developer to comply WIth thIS conrntIOn The proposed AGENDA ITEM ~ PAGE -L- OF -d1L REPORT TO CITY COUNCIL FMTHFUL PERFORMANCE AGREEMENT AND BOND Page 2 of? FaIthful Performance Agreement and Bond forms are mtended to serve as that mechamsm By the SaIne token, model home complexes are reqUIred by condItIons of approval to convert the sIte to smgle famIly homes once all the umts are sold m the tract ConversIon mcludes the removal of the model parkIng area, temporary rest room, sales traIler and trap fencmg, and the mstallatlon of appropnate walls, fencmg and landscapmg The FaIthful Performance Agreement and Bond fonns shall lIkewIse be used to ensure that the model complexes are properly and completely converted should the developer vacate the project before completIon DISCUSSION Agreement Term far Landscape Mamtenance Staff recommends that the term of the Agreement for landscape mamtenance be for one year, because the cntlcal penod for mstallatlon faIlure IS generally three to SIX months By the end of one year, It IS faIrly eVIdent whether the plantmgs are establIshed and thnvmg, and whether the ImgatIon system 1S adequate and effectlVe Agreement Term for Model Complex ConversIOn The Agreement for the converSIon of model complexes shall be held Ul1tll the model complex has been completely converted to smgle famIly resIdentIal uses mcludmg the parkmg areas, the SIte has been mspected by the CIty, and the last CertIficate of Occupancy has been released Cost EstImates and Bond Amounts Staff recommends that all bonds be based upon the actual cost oflabar, eqUIpment and matenal necessary for the completIon ofthe project To that end, the Agreement calls for a Cost EstImate proVlded by the developer, and revIewed and approved by the CIty and attached to the Agreement as ExhIbIt B AGENDA ITEM tQ PAGE ~ OF J!,j JL REPORT TO CITY COUNCIL FMTHFUL PERFORMANCE AGREEMENT AND BOND Page 3 of? For landscape mamtenance agreements, the Cost EstImate shall be sIgned by a certIfied landscape archItect, and shall be revIewed by the CIty s Landscape ArchItect for accuracy, completeness and feasIbIlIty Staff recommends that 10% of the Approved Cost EstImate IS sufficIent to hold as a bond, to be used m the event that the developer does not mamtam all ImgatIon systems and landscapmg mstalled and approved by the CIty For model complex converSIOn agreements, the Cost EstImate shall be prepared and sIgned by the developer s archItect and landscape archItect The CIty s Landscape ArchItect shall reVIew the Cost EstImate for accuracy, completeness and feasIbIlIty Staff recommends that 120% of the Approved Cost EstImate IS suffiCIent to hold as a bond, to be used m the event that the developer does not complete the converSIOn of the model complex Bond Form Staff recommends that bonds be Imllted m form to suretIes prOVIded by msurance companIes, or to certIficates of depOSIt that are m the name of the CIty of Lake Elsmore CIty Attomev s ReVIew and CIty Clerk s Concurrence These forms are presented to the CIty CounCIl as Attachment ExhIbIts A and B Also mcluded as Attachment ExhIbIt C,' IS an mformatIonal handout avaIlable to the publIc regardmg landscape bond procedures All exhIbIts have been reVIewed and approved as to form by the CIty Attorney's Office The CIty Clerk has reVIewed the procedures, and has agreed to process the Agreements retam the bond documents and process release requests that are submItted to hIS attentIOn by the Plannmg Manager FISCAL IMPACT No fiscal Impact IS antICIpated AGENDA 1TEMlo P AGE ~ OF -tl.J REPORT TO CITY COUNCIL FMTHFUL PERFORMANCE AGREEMENT AND BOND Page 4 of7 RECOMMENDATION The CommunIty Development DIrector recommends that the CIty Councll authonze the CIty Manager or hIS desIgnee to enter mto FaIthful Performance Agreements wIth Bonds/CertIficates of DeposIt for development projects m the CIty PREPARED BY CAROLE DONAHOE, PLANNING CONSULTANT APPROVED FOR AGENDA BY ATTACHMENTS 1 ExhIbIt A - FaIthful Performance Agreement 2 ExhIbIt B - FaIthful Performance Bond/CertIficate ofDeposlt ApphcatlOn 3 ExhIbIt C - Landscape Bond Procedures mformatlOnal handout AGENDA ITEM lp PAGE!L OF ~ REPORT TO CITY COUNCIL FAITHFUL PERFORMANCE AGREEMENT AND BOND Page 5 of? ExhIbIt A' FAITHFUL PERFORMANCE AGREEMENT AGENDA ITEMLP PAGE .5 OF ~ CITY OF A LAKE 6LSINORJ: \ I V DREAM E,xTREME_ FaIthful Performance Agreement CIty of Lake ElsInore Commumty Development Department Landscape Mamtenance Ilatl <"lJmp Model Home Conversion Tins IFlll In t,p~ of Al,ICClTICnl 111\cd on bOXL' ~hcckcd 1bo\cl (the Agreement) IS made and entered mto on thiS _ day of 200_ by and between the City of Lake Elsmore a general law city organized and eXisting under the laws of the State ofCahfoffila (the City') and Iln:,ell BlISlncs\ fnlm "J mitl (the Owner) The City and the Owner are hereinafter sometImes referred to indIVIdually as a Partv and collecl1vely as the Parties WITNESSETH 1 Owner for and In consideratIOn of 0 Issuance ofbUlldmg permits the final release for the development known as Project No property known as IImu1 API\, I and more particularly descnbed In Exhibit A (the Property') agrees at Owner s own cost and expense to do the follOWing o To malntam the planting and ImgatlOn system follOWing the approval of the installatIOn for one year and dunng thiS penod to restore repair or replace to the sal1sfactlOn of the Director of Community Development any defecl1ve work or labor done or defecl1ve matenals furnished Per the cost estImate attached hereto as Exhibit B the full cost of said work and Improvements IS the smn dollars ($ ) o Issuance of located on attached hereto o To remove all fencmg landscapmg sales offices pedestnan walkways parking lot and any other fealiIres as determined by the Director of Community Development associated With the Model Home Complex and convert the lots to individual Single family I homes Per the cost esl1mate attached hereto as Exlnblt B the full cost of Said work and Improvements IS m the smn dollars ($ ) FOR A ($ TOTAL SUM ) OF DOLLARS 2 Owner agrees to pay to the City the actual cost of such inspectIOns of the work and Improvements as may be reqUired by the Director of Commmnty Development Actual costs shall Include any and all costs fees charges and expenses Incurred as a result of the fihng of a laWSUit by any Interested party challengmg thiS Agreement or any secunty guaranteeIng the completIOn ofthe work outlmed In thiS Agreement Upon entry of Judgment In said hl1gatlOn or upon settlement such costs fees charges and expenses shall be accounted for and Included as costs In any Judgment or settlement rendered 3 Neither the City nor any of ItS offiCials officers employees or agents shall be held hable for any Injury or damages caused to persons or property by reason of the acts or AGENDA ITEM NO PAGE G, Co OF ~/ ClTYOF A LA~E ,GLSINORf ?J-." DREAM EXTREME. FaIthful Performance Agreement CIty of Lake EIslDore CommuDIty Development Department omISSIOns of Owner Ins agents or employees m the performance of the work reqUired by thIs Agreement Owner agrees to protect defend mdemnIfY and hold harmless the CIty ItS offiCIals officers employees and agents from all loss lIabIlIty or claIm because of or ansmg out of the acts of omISSIOns of Owner hIS agents and employees m the performance of thIS Agreement or ansmg out of the use of any patented artIcle m the performance of thIS Agreement 4 The Owner hereby grants to the CIty and to any agent or employee ofthe CIty the Irrevocable permIssIon to enter upon the Property for the purpose of completmg the work requrred by tins Agreement Tins penrussIOn shall termmate m the event that the Owner has completed the work Wltlnn the tIme specIfied m thIS Agreement or any extensIOns of tIme granted by the DIrector of CommUnIty Development to complete the work 5 Owner agrees at all tImes up to the completIon and approval of the final plantmg mspectIon by the DIrector of CommunIty Development to gIve good and adequate warnmg to the publIc of each and every dangerous condItIOn caused by the constructIOn of the Improvements and to protect the publIc from such defectIve or dangerous condItIons 6 The Owner Ins agents and employees shall gIve notIce to the DIrector of CommUnIty Development at least forty eIght (48) hours before begmnIng any work and shall furmsh the DIrector of CommUnIty Development WIth all reasonable mformatIOn regardmg the progress and mamIer of work 7 If the Owner or Ins contractor agents or employees neglects refuses or faIls to execute the work WIth such dIlIgence as to msure It s completIOn wlthm the speCIfied tIme or wlthm such extensIOn of tIme as has been granted by the DIrector of CommUnIty Development or If the Owner VIOlates neglects refuses or falls to perform satIsfactonly any of the proVISIOns of the plans and specIficatIOns he shall be m default of thIS Agreement and notIce m wntmg of such default shall be served upon hIm The DIrector of CommunIty Development shall have the power to termmate all nghts of the Owner because of such default The determmatIon by the DIrector of CommUnIty Development of the questIOn as to whether any of the terms of the Agreement or specIficatIOns have been VIOlated or have not been performed satIsfactonly shall be conclusIve upon the Owner and any and all partIes who may have any mterest m the Agreement or any portIOn thereof The foregomg provlSlons of thIs sectIOn shall be m addItIon to all other nghts and remedIes avaIlable to the CIty under law 8 The Owner agrees to file WIth CIty pnor to the executIOn date of thIS Agreement a good and suffiCIent Improvement and/or maIntenance Bond or CertIficate of DepOSIt m an amount not less than ten percent (10%) of the estImated cost of the plantmg or an amount not less than one hundred twenty percent (120%) of the estImated cost for the converSIOn of the model complex as descnbed m SectIOn 1 for the faIthful performance of the terms and condItIOns of thIS Agreement AGENDA ITEM NO PAGE 7 CO OF ~I L CITY OF 4 LAl(B 6LSII'iORt , I ~.:" DREAM EXTREME. Faithful Performance Agreement City of Lake EIslDore CommuDlty Development Department 9 It IS further agreed by and between the parties hereto mcludmg the surety or sureties on the bonds secunng thiS Agreement that a request to modify the scope of work or extend the work completIOn date established by thIs Agreement may be made by the Director of Community Development or upon request of the Owner If the Director of Community Development decides to grant a modification or extensIOn of time such modificatIOn or extensIOn shall m no way affect the validity of thIs Agreement or release the surety or sureties on said bonds Owner further agrees to mamtam the aforesaid bond or bonds m full force and effect dunng the terms of thiS Agreement mcludmg any modifications or extensIOns of time as may be approved 10 Severability It IS understood and agreed by the Owner that If any part term or prOVISIOns of thiS Agreement IS adjudicated and determmed to be unlawful and VOId the validity of the remlllmng portions shall not be affected and the nghts and obligations of the parties shall be construed and enforced as If the Agreement did not contam the particular part term or prOVISIOn held to be mvalId 11 Notice Any notice or notices reqUired or permitted to be given pursuant to thiS Agreement shall be served on the other party by mail postage prepaid at the followmg addresses CITY OF LAKE ELSINORE City of Lake Elsmore Director of Community Development 130 S MlIln Street Lake Elsmore Ca 92530 10\''''' RJ [()\\ "JFR] [ATTI:NTIOl\ I [ADDRI::'>'>I 12 IncorporatIOn of Exhibits The followmg exhibits which are part of thiS Agreement are attached hereto and each of which IS mcorporated herem by thiS reference as though set forth m full ExhIbit A ExhIbit B Legal DescnptlOn Cost Estimate 13 AuthOrity to Execute, Bmdmg Effect The City and the Owner each represents and warranty that It has the power and authonty to execute thIs Agreement and once executed thIs Agreement shall be final and bmdIng on the Parties The Parties represent that the ACENDA ITEM NO lp PACE f OF tf?1 CITY OF ~ LAKE 6LSINORf: \ I y~ DREAM E;ITREME. FaIthful Performance Agreement CIty of Lake ElslDore CommuDIty Development Department slgnatones to thIs Agreement are duly authonzed to SIgn on behalf of the respectIve Party and bmd such Party 14 EntIre Agreement, ConflIcts ThIs Agreement represents the entIre understandmg and Agreement of the PartIes ThIs Agreement mtegrates all of the terms and condItIons mentIoned herem or mCldental hereto and supersedes all negotIatIons or prevIous agreements between the PartIes wIth respect to all or any part of the subject matter hereof There are no oral or wntten representatIOns understandmgs or ancIllary covenants undertakmgs or agreements whIch are not expressly contamed herem No testImony or eVIdence of any such representatIOns understandmgs or covenants shall be admIssIble m any proceedmg of any kmd or nature to mterpret or determme the terms or condItIons of thIS Agreement 15 ApplIcable Law ThIs Agreement shall be construed and enforced m accordance WIth the laws of the State of CalI forma 16 Further ActIons Each Party shall cooperate wIth and provide reasonable assIstance to the other Party to the extent contemplated m the performance of all oblIgatIOns under thIs Agreement and the satIsfactIon of the condItIons of thIs Agreement Upon the request of eIther Party at any tIme the other Party shall promptly execute with acknowledgment or affidavIt If reasonably requIred and file or record such reqUIred mstruments and wntmgs and take any actIons as may be reasonably necessary or desIrable under the terms of thIs Agreement or to eVIdence or consummate the transactIons contemplated by thIs Agreement IN WITNESS WHEREOF, the CIty and Owner have each executed thIS Agreement as of the date first wntten above ATTEST CITY OF LAKE ELSINORE a CalIfornIa munICipal corporatIOn Fredenck Ray CIty Clerk By Its Robert A Brady CIty Manager APPROVED AS TO FORM Barbara Zeld LeIbold CIty Attorney Avl::I~DA ITEM NO PACE 9 lo OF ~I CITY OF ~ LAKE 6LSINORf: \ I ~... DREAM EXTREME. Faithful Performance Agreement City of Lake ElsInore CommuDlty Development Department [OWNER] By Its NOTARY ACKNOLEDGEMENT REQUIRED FOR SIGNATURE OF PRINCIPAL STATE OF CALWORNlA) COUNTY OF RIVERSIDE) On (Date) 200_ before me (Name TItle of Officer e g Jane Doe Notary Public) personally appeared Name(s) of Slgner(S) personally known to me OR proved to me on the basiS of salisfactory eVidence to be the person(s) whose name(s) Is/are subscnbed to the wlthm mstrument and acknowledged to me that he/she/they executed the same m htslher/thelr authonzed capacltY(les) and that by hlslher/theu slgnaliire(s) on the mstrument the person(s) or the enlity upon behalf of whICh the person(s) acted executed the mstrument WITNESS my hand and offiCial seal Notary Public m and for said State AloEi\lDA ITEM NO lo PACE 10 OF aU "EXHIBIT A>> LEGAL DESCRIPTION [to be msertedJ ExhIbit A ~OENDA ITEM NO PAOE /1 lp OF .V "EXHIBIT B" COST ESTIMATE ExhIbIt B AOENDA ITEM NO PAOE /~ OF REPORT TO CITY COUNCIL FAITHFUL PERFORMANCE AGREEMENT AND BOND Page 6 of? ExhIbIt B FAITHFUL PERFORMANCE BOND/CERTIFICATE OF DEPOSIT AGENDA ITEM\.Q. PAGE J,i OF ~I FaIthful Performance Bond/CertIficate of Deposit ApplIcation I City of Lake ElslDore Commumty Development Department TOTAL BOND/CERTIFICATE OF DEPOSIT AMOUNT $ WHEREAS, the City of Lake Elsmore a general law city organIzed and eXlstmg llllder the laws of the State of CalI forma (the City) and (the Pnnclpal) have entered mto a FAITHFUL PERFORMANCE AGREEMENT (the Agreement attached hereto as Exhibit A ) regardmg Project No for property located at APl'< and more particularly descnbed m Exhibit !L attached hereto whereby Pnnclpal agrees to _ Mamtam the above deSignated plantmg Improvements lllltIl _ Remove all fencmg landscapmg sales offices pedestnan walkways parkIng lots etc associated With the Model Home Complex and convert the lots to mdlVldual smgle family homes WHEREAS, the Pnnclpal IS reqUIred llllder the terms of the Agreement to furnish a Bond/CertIficate of DepOSit for the faithful performance ofthe Agreement NOW, THEREFORE, Alf1l1Jtl01l CIty as follows we the Pnnclpal and "urct\ "lIlll lI1d (the Surety') are held and firmly bOlllld unto the 1 Concurrently With executmg the Agreement the Pnnclpal Will proVide a Bond/Certificate of Deposit m the name of the City m the total amount of$ 2 The conditIon of thIs Bond/Certificate of DepOSit IS such that the oblIgatIOn shall become null and VOId If the above bonded Pnnclpal hiS or their heirs executors admmlstrators successors and/or assigns shall m all thIngs stand to abide by well and truly keep and perform the covenants conditIons and proVISIOns ofthe Agreement 3 In the event the PnnClpal faIls to comply With the terms and conditIOns ofthe Agreement the City may use the Bond/Certificate of DepOSit to complete the work authonzed by the Agreement and to make the premises covered by the Bond/Certificate of DepOSit safe to lIfe and property to the satIsfactIOn to the Director of Commuruty Development Further the Pnnclpal Will pay to the City all costs and expenses Incurred by the City not otherwise covered by the Bond/Certificate of DepOSit 4 As part of the oblIgatIon secured hereby and In additIon to the face amollllt speCified above In Item #1 there shall be Included costs and reasonable expenses and fees IncludIng reasonable attorney s fees Incurred by City In successfully enforCIng such oblIgatIOn all to be taxed as costs and Included In any Judgment rendered 5 The Pnnclpal and Surety hereby stIpulate and agree that no change extensIOn of tIme alteratIOn or additIon to the terms of the Agreement or to the work to be performed hereunder to the speCificatIOns accompanYIng the same shall III any way affect either the Pnnclpal s or the Page 1 of5 AGENDA ITEM NO PAGE /1 <..0 OF .K / Faithful Performance Bond/Certificate of Deposit ApplicatiOn City of Lake ElslDore Commumty Development Department Surety s oblIgatIOn on the Agreement and both the PnnClpal and Surety do hereby waive notice of any such change extensIOn of time alteratIOn or addition to the terms of the Agreement 6 _ The Bond/Certificate of Deposlt amount shall be held as secunty until one year after the Issuance of the final certificate of occupancy for the project (the One Year Mamtenance Penod) When the work covered by the Agreement IS complete and the One Year Mamtenance Penod has expued the Director of Community Development shall mspect the work Upon successful mspectlOn by the Director of Community Development the Bond/Certificate of Deposit shall be completely or partlally released _ The Bond/Certificate of DepOSit amount shall be held as secunty until the work covered by the Agreement IS complete and the Model Home Complex has fully converted to smgle famIly homes which may be sold mdlVldually Work covered by the Agreement mcludes the removal of trap fencmg landscapmg sales office pedestnan walkways parkmg lot etc and other work deemed necessary by the Director of Community Development Upon successful mspectlOn by the Director of Community Development the Bond/Certificate of DepOSit shall be completed or partially released IN WITNESS WHEREOF the Pnnclpal and Surety have hereunto set their slgnatIlfes and seals as oftlus _ day of 200 [BUSINESS ENTITY S NAME] By Its And By Its I declare under penalty of peIJury under the laws of the State of Cahfonlla that I have executed the foregomg bond under an unrevoked Power of Attorney [NAME OF SURETY COMPANY] By Title [Attach Power of Attorney] Page 2 of5 "'vb~DA ITEM NO - PAGE I!J (0 OF ..2/ - Faithful Performance Bond/CertIficate of Deposit ApplIcation I City of Lake ElsIDore CommuDIty Development Department APPROVED AS TO FORM Barbara Zeld LeIbold CIty Attorney NOTARY ACKNOWLEDGENMENT REQUIRED FOR SIGNATURE OF PRINCIPAL AND SURETY Page 3 of5 ACiENDA ITEM NO PACiE / ~ In OF ~I "EXHIBIT A" LANDSCAPE MAINTENANCE AGREEMENT [to be lDserted] ExhIbIt A ACENDA ITEM NO PACE /7 (n OF .:< / "EXHIBIT Boo LEGAL DESCRIPTION [to be Inserted] ExhIbIt B ACENDA ITEM NO lo PACE // OF ~J REPORT TO CITY COUNCIL FAITHFUL PERFORMANCE AGREEMENT AND BOND Page 7 of? Exhibit 'c' LANDSCAPE BOND,PROCEDURES InformatiOnal Handout AGENDA iTEM in PAGE/1-0F ~ CITY OF !'7~ LAKE &LSINORJ ~ I ~~ DREAM EXTREME. LANDSCAPE BOND PROCEDURES GENERAL QUESTIONS 1 What projects are requIred to have a landscape bond? Landscape bonds are reqUIred for all projects mstallmg new landscapIng IncludIng IndustrIal projects COllIlllerClal projects multI fanllly resIdentIal projects and SIngle fanuly resIdentIal projects WIth areas maIntaIned by homeowner associatIOns 2 Why requIre landscape bonds? Landscape Bonds ensure that newly Installed landscapIng Will be maIntaIned and kept thnvmg dunng all four seasons of the first year followmg Issuance of the final certIficate of occupancy for the project 3 Where does the bond amount come from? The bond shall be ten percent (10%) of the approved labor and matenals cost estImate submitted to and approved by the CIty 4 Where does the cost estImate come from? ConstructIOn landscape plans are reqUIred to be approved before Issuance of BUlldmg PermIts The CIty I Landscape Consultant (the Consultant) WIll review both ImgatIon and plantmg plans Dunng tills review the Consultant Will ask for a cost estImate for mstalhng and mamtammg the landscapmg Once the Consultant approves both the constructIon landscape plans and cost estImate the planner will staple the cost estImate to the constructIOn plans and stamp both the plans and the cost estImate The planner Will then route a copy of the approved plans and cost estImate to the Consultant the apphcant and the City s file The approved cost estImate will be used to determme the bond amount 5 Can an applIcant set up a CD (Certificate of DepOSit) ID place of a Bond? Yes The CD must be a 'third party CD and made payable to the CIty of Lake Elsmore The Third Party' CD will be held by the City of Lake Elsmore for at least one year The procedure for obtammg and releasmg a CD IS the same as completmg a bond apphcatlOn Page 1 of2 At..ENDA ITEM NO PAGE .2.() VJ OF ,;l / OBTAINING A LANDSCAPE BOND Once constructIOn landscape plans are approved and before the planner releases occupancy the applicant shall submit a Faithful Performance Bond applicatIOn to the Planmng DIvISion Upon submissIOn of the completed applicatIon the Plannmg Manager Will route the applicatIon With a memorandum to the City Fmance Department for review The memorandum shall mclude the followmg mformatIon Project No Applicant Surety Bond No Amount of Bond Once reVIewed and approved by the Fmance Department the Plannmg Manager Will route the applicatIOn to the City Clerk who Will obtam signatures from the City Manager and City Attorney Once the City Attorney SignS the applicatIon the City Clerk s office wIll file the bond applicatIon untIl a bond release IS requested one year later RELEASING A LANDSCAPE BOND After one year from the date of executIOn of the bond the applicant should contact the Plannmg Department and request to have the bond released The Semor Planner Will assign the landscape bond request to a planner The planner wIll be reqUIred pull the ongmal file which contams the stamped and approved conceptual landscape plans and schedule a site VISit to assess the conditIOn of the landscapmg The planner should venfy plant quantIty and locatIOn of the plantmgs and also IdentIfy any miliealthy lookmg plants If there are mlssmg or miliealthlly plants the planner Will notIfy the applicant by letter that the bond wIll not be released untIl the site IS brought mto compliance With the approved Landscape Plan If the planner determmes that landscapmg IS greatly defiCient the City Landscape Consultant Will be called for a follow up site mspectlOn The applicant Will then be charged the current fee rate for the site mspectlOn If the site IS m compliance the Plannmg Manager wIll send an emaIl memorandum to the City Clerk requestmg that the bond be released The emaIl memorandum shall mclude the followmg Tract No /Parcel Map No / Project No Type of Bond bemg released Bond or CD Number Amount Name and Address of Surety Company Name and Address of Applicant Page 2 of2 ~"k:NDA ITE" NO PAGE ~ / l/) OF ~/ - CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SUBJECT FEBRUARY 27, 2007 PURCHASE & STOCKING OF HYBRID STRIPED BASS IN LIEU OF CARP REMOVAL BACKGROUND Under the terms of the AGREEMENT TO REMOVE AND DISPOSE OF CARP FROM LAKE ELSINORE (2003) between the City and LESJW A the CIty IS oblIgated to perform carp removal operatIons for a penod of eIght weeks or remove a 1lllmmum of 90000 pounds of carp per year through the year 2010 Smce 2002 the CIty crews have partICIpated m removmg 1 144830 pounds of carp from the Lake The average dally carp removal rate has decreased substantIally over the last three years For example m 2004 2005 and 2006 the average removal rates were 7 067 3 267 and 2 493 pounds per day respectIvely Normally Staff would have assumed the decreasmg rate of return was due to a substantIal decrease m the carp populatIon however concurrent WIth thIS observatIon the Lake s water level rose more than twenty feet The redIstnbutIon of carp mto the newly flooded brush areas certamly IS part of the explanatIOn for the decreasmg carp removal rates In 2006 the CIty s carp removal crews expenenced ups and downs m the daIly carp removal rate WIth a sharp down turn m September Due to the poor effiCIency I Staff terrnmated the program early after five weeks WIth the removal of 54 840 pounds Although thIS was short of the contractual goals Staff belIeved the momes could be better allocated to accomplIsh the goals of the FIshenes Management Plan ACENDA ITEM NO--3:.- PACE / OF If REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 2 DISCUSSION Followmg dIscusslOns wIth LESJW A s Techmcal AdvISOry Comnuttee CIty Staff recommended purchasmg and stockmg hybnd strIped bass m the Lake for the blOlogIcal control of carp offspnng m lIeu of contmumg wIth the currently meffIcIent carp removal method On February 15, 2007 the LESJWA TAC recommended to the LESJW A Board of Drrectors the stockmg of 4 000 pounds of hybnd strIped bass rangmg m SIze from 0 5 to 075 lbs each to be stocked by the CIty m lIeu of meetmg the condItIons of the agreement The recommendatlOn was unammously approved by the Board GIven the unusual purchase of lIve hybnd strIped bass wIthm thIS SIze range Staff requests authonzatlOn to purchase the fish through Kent SeaTech as a sole source vendor under the CIty s Purchase Ordmance sectIon 3 08 070 ExceptIons to BId Procedures FISCAL IMPACT The umt cost for hybnd strIped bass FOB Lake Elsmore from Kent SeaTech IS $4 10 per pound Therefore, the total cost to purchase 4 000 pounds equals $16 400 Staff estnnates there are sufficIent funds available m the Lake & AquatIc Resources DepartnIent s FY 06 07 budget to make thIS purchase RECOMMENDATION Approve purchase of 4 000 pounds of hybnd stnped bass and exceptlOn to bId procedure for sole source vendor PREPARED BY ~ PAT KILROY DIRECTOR OF LAKE AND AQUATIC RESOURCES APPROVED FOR AGENDA BY AGENDA ITEM NO PAGE e;). -;- OF '-I , L .:ledlel,n t'age 1 or 1 Kent SeaTech Corporatwn, (formerly Kent SeaFarms) was founded m 1972 to develop commercIal technologIes for mtenslve aquaculture productIOn After years of careful research and development the company has become the largest and most successful commercial producer of hybnd stnped bass m the world Kent SeaTech IS a world leader m mtenslve fish productIon and IS responsIble for many technologIcal mnovatIons that have been adopted as mdustry standards @Copyrlght 2001 All nghls are resarved by Kent SeaTech Corporation Any use of any matenals from thiS Site IS prohibited This site was created by Gel /~ ;tfI;fF~//tf!/// 4;; b 0/'# y~t!- J''/efiUc/ /f./O/c!t (O/r-- (),YS- /6J ro/5 .,!"EI d&lbf1# ~/y /~, ACENDA ITEM NO--=:1:- PACE 3 OF 'I I LESJWA BOARD MEMORANDUM NO 536 v\~o J O"J ( ~~~ I DATE February 15 2007 SUBJECT Carp Removal Program TO LESJW A Board ofDuectors RECOMMENDATION Staff recommends that the Board of Drrectors approve a request from the City of Lake Elsmore to stock hybnd stnped bass m heu of carp removal for the 2006 - 2007 fiscal year BACKGROUND In January 2003 the Board approved an agreement With the City of Lake Elsmore to remove and dispose of Carp from Lake Elsmore The agreement proVIded Proposlllon 13 funds to the City of Lake Elsmore to tmplement the carp removal program winch mcluded eqwpment and trammg of City personnel The term of the agreement was for a penod of seven years and reqUIres the City of Lake Elsmore to remove and dispose of Carp for a penod of up to eight weeks or 90 000 pounds of carp removed per fiscal year The City of Lake Elsmore commenced the annual carp removal program m August 2006 City staff removed about 54 840 pounds of carp over a penod of 22 days Due to Ingh lake levels City staff has had less success remOVIng carp The City of Lake Elsmore at the November Techmcal AdVISOry Committee (TAC) meet1ng requested that unused fundtng for the carp removal program for the year be used to purchase about 4 000 pounds ofhybnd stnped bass fur fish stockmg of Lake Elsmore Stockmg hybnd stnped bass IS another effective method of carp removal smce the hybnd stnped bass feed on the carp offspnng The hybnd stnped bass would Weigh about Y.z to * pounds each Stockmg would take place before June 30 2007 and the total effort would cost about $20000 The TAC approved the request from the City of Lake Elsmore and recommended the request be presented to the LESJW A Board for approval BUDGET IMPACT None Report prepared by Marlc R Norton, P E Authonty Adtnlllistrator MN DR dm 39 of 49 ACENDA ITEM NO PAGE If -=t- OF 1/ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT PURCHASE OF LAKE PATROL VESSEL BACKGROUND At the January 18, 2007 CIty CouncIl MId Year Budget ReVIew Study SessIOn, CIty Staff presented a request for the allocatIon of $125,000 for the purchase of a 24 foot Boston Whaler Patrol Boat WIth the adoptIon of the FY 2006/2007 MId Year Budget, fundmg IS avaIlable for the purchase of the boat for use on the waters of Lake Elsmore DISCUSSION The new patrol boat WIll replace a 1984 Boston Whaler that has been m contmual use on the waters of Lake Elsmore smce It was receIved by the RIversIde County Shenffs surplus eqUIpment program m the mId 1990 s Mamtenance costs and down tIme of the vessel have mcreased dramatIcally the past few years Replacement of the vessel WIll msure the efficIency of our Lake Patrol OperatIons The Lake Patrol Sergeant and the CIty Mechamc were consulted to determme the specIficatIons for a new patrol boat Both agreed that a 24 foot fiberglass hull Boston Whaler vessel would be the best vessel for use on the waters of Lake Elsmore Staff contacted Boston Whaler dIrectly and Boston Whaler IS WIllIng to sell a vessel dIrect to the CIty Boston Whaler agreed to sell the vessel at 24 5% below the retaIl cost ofthe vessel Staff IS requestmg that the CIty CouncIl authonze the exceptIOn of the formal bId process (Chapter 308 100 Lake Elsmore Purchasmg Polley) and allow staff to utIlIze the Open Market' purchase process (Chapter 308 100 Lake Elsmore Purchasmg Polley) to sImplIfy and expedIte the purchase of the patrol boat A~- - p -:.rr.> <a -'_ - --5- REPORT TO CITY COUNCIL FEBRUARY 13,2007 PAGE 2 FISCAL IMPACT The fundmg for the purchase of the patrol boat at a cost of$126,736 IS available as a result of the mid-year budget adjustments RECOMMENDATION It IS staff s recommendatIOn that the Mayor and City Council grant an exception as per Chapter 3 08 070 (F) "ExceptIOn to Bid Process for the purchase of a Boston Whaler patrol boat for use as a law enforcement vessel on the waters of Lake Elsmore PREPARED BY WORKS MANAGER APPROVED FOR AGENDA BY COMMUNITY SERVICES APPROVED FOR AGENDA BY \ ,~ -- ':l <6 _ ~'---5_ l- , Quoted by Don Ellmgsen Phone 850 539 9191 Fax 850 539 7714 dellmgsen@Whalercom NO PART NO QTY BRUNSWICK COMMERCIAL & GOVERNMENT PRODUCTS, INC 420 Megan Ave Edgewater FL 32132 QUOTATION Quoted to ClIy of Lake Elsinore NIcole Fields 521 North Langstaff Lake Elsmore CA 92530 Phone [1] 951 674 5170 nl1elds@lake elsmore org DESCRIPTION January 17 2007 Quote II- 3 Q DNE 05667E PRICE 1 240JC 1 24 JUSTICE BASE BOAT to mclude $30 995 UNSINKABLE HULL WITH COMMEROAL GRADE FIBERGLASS LAMINATE 30 TRANSOM UPGRADE 10 YEAR TRANSFERABLE LlMlTED HULL WARRANTY SELF BAILING HULL WITH SCUPPERS TR1M TABS ELECTRIC W /INDICATORS WHITE EXTERIOR / HAZE GREY INTERIOR GELCOAT HEAVY DUTY RUBRAIL BLACK IDENTIFlCATION AND TRIM MARKINGS FIBERGLASS CONSOLE WITH STORAGE AREA ELECTRONICS BOX WINDSHlELD AND GRABRAIL ALUMINUM LEANING POST WITH DOOR SHELF AND GRABRAIL PADDED STAINLESS STEEL STEERING WHEEL WITH TILT HYDRAULIC STEERING (2) BOW STORAGE LOCKERS WITH FIBERGLASS COVERS AND DRAINS ANCHOR LOCKER WITH FIBERGLASS COVER AND DRAIN (2) IN DECK STORAGE LOCKERS WITH DRAINS IN DECK BOW STORAGE WITH DRAIN AND BILGE PUMP FORWARD BELOW DECK STORAGE COMPARTMENT WITH ALUMINUM HATCH BOWEYE / LIFTING EYE STERN EYES (6) 10 CLEATS NAVIGATION LIGHTS FIRE EXTINGUISHER s SWITCH PANEL BILGE(2) / NAVIGATION LIGHTS / 4 AUXILIARY 195 GALLON BAFFLED ALUMINUM FUEL TANK 2 9999 1 EXTRA HEAVY DUTY VERTICAL/ANGLE RUBBING STRAKES / $2 468 PART # 61524 3 61510 1 HI LOW BOW /SIDE RAILS W /DIVE DOOR $830 4 61571 4 EXTRA HEAVY DUTY RECESSED FLOOR TIE DOWN (1) $672 5 61573 1 RADIAL ARM DAVIT W /MANUAL WINCH BLOCK CABLE AND $1314 HOOK 6 9999 1 ELECTRIC WINCH FOR RADIAL ARM DAVIT / PART # 61577 $1 625 7 60230 1 BW SUPPLIED ENGINE(S) $0 8 9999 1 MERCURY 175XL VERADO 4 STROKE ENGINE $11 070 9 9999 1 MERCURY 175CXL VERADO 4 STROKE ENGINE $11 343 Page I 00 , _3_ NO PARTNO QTY DESCRIPTION PRICE 10 61441 1 PRE RIG DUAL ENGINE MERCURY VERADO $4 692 INCLUDES SMARTCRAFT SC 1000 SYSTEM TACH/SPEED DUAL ENGINE GAUGE KIT ELECTRONIC DIGITAL SHIFT /THROTTLE BINNACLE CONTROL WIRING HARNESSES KEY SWITCHES & ALARM HORNS 11 61402 1 DUAL ENGINE INSTALLATION & PERFORMANCE VERIFICATION $958 12 61499 2 PROPELLER STAINLESS V 6 s $902 13 60763 3 FLOODLIGHT / MOUNTED ON EDGE OF T TOP / ONE FACING $477 EACH SIDE AND ONE AFT / SWITCHED INDPENDENTL Y FOR LE BOARDINGS 14 60757 1 SPOTLIGHT ACR REMOTE CONTROL $1 328 15 62302 1 72 QUART COOLER WITH CUSHION AND HOLDDOWN $286 16 61100 1 DELETE STANDARD SEATING $1340 17 61122 1 36 ALUMINUM LEANING POST W / DOORS GRABRAIL $3175 GUNRACK/STORAGE 18 9999 1 WHELEN 48 LED LIGHT BAR W /SIREN / PA / AMPLIFIER $4146 ENGINEERING # 06 085C 19 60614 1 G21 MEDIUM DUTY T TOP W /RADIO BOX WITH LOCKABLE $4 793 DOOR 20 62403 1 CANVAS COVER FOR FIBERGLASS CONSOLE WITH T TOP $415 21 62471 1 CANVAS MOORING COVER $2 152 22 62030 1 ENGINE CRASH RAIL OUTBOARD $987 23 62020 1 TORSIONAL TOW BAR (may requITe alummum gunwale upgrade) $1 336 BLACK POWDERCOAT 24 61801 1 DIVE / RESCUE DOOR 34 $4 326 25 61802 1 CHAFE PLATE AT DIVE / RESCUE DOOR OPENING 34 $369 26 60904 1 BATTERY SYSTEM FOR DUAL ENGINES TWO STARTING $1173 BATTERIES AND ONE AUX BATTERY INCLUDES (3) ON/OFF BATTERY SWITCHES (3) BATTERY BOXES AND TRAYS BATTERY CABLES AND TERMINALS FOR TWO ENGINES AND THREE BATTERIES SPLASHWELL RIGGING BOOT (WHERE APPLICABLE) ISOLATOR BATTERY PARALLEL SWITCH 27 60925 2 MAINTENANCE FREE WET CELL STARTING BATTERY GROUP $170 24 1000 MCA 28 60926 1 MAINTENANCE FREE WET CELL DEEP CYCLE BATTERY GROUP $110 27 115 AMP HR 29 60737 1 EXTENDED SWITCH PANEL UPGRADE BILGE/NA V /8 AUX $296 30 60740 1 12 VOLT OUTLET $52 31 60899 1 AM/FM CD RADIO W / 2 SPEAKERS $756 32 60794 1 VHF RADIO NA VMAN 7100 $640 33 60874 1 GPS/SOUNDER COMBO UNIT NA VMAN TRACKFISH 6600 7 $1 948 COLOR W / TRANSOM TRANSDUCER Page 2 of3 e..:: I: rr: I ~ 0 8 PAv:--$.-- CF _ '5 NO PART NO QTY DESCRIPTION PRICE 34 60826 1 CHART CHIP WIDE AREA US REGIONS ONLY (EA) $296 35 62750 1 GALVANIZED TRAILER / DISC BRAKES ON BOTH AXLES $8 122 ENGINEERING # 06 125 36 61901 1 FIRE PUMP 20 H P SYSTEM $18 369 18 HORSEPOWER GASOLINE ENGINE ALL BRONZE & STAINLESS STEEL DARLEY PUMP THRU HULL INTAKE SYSTEM STAINLESS STEEL STRAINER MANUAL 3 BRONZE MONITOR IN BOW AREA WITH ALL PIPING & FITTINGS REQUIRED AND MOUNTED ON PERMANENT SUPPORT SYSTEM STARTER WIRING TO MAIN SHIPS SYSTEM FUEL LINE TO BOATS FUEL TANK WATER TESTING UNDER FULL PRESSURE MOUNTED ON TUBULAR FRAME WITH QUICK DISCONNECT FITTINGS FOR REMOVAL FROM BOAT STANDARD DISCHARGE THROUGH TWO GATED 2 1/2 OUTLET SUBTOTAL EX WORKS EDGEWATER FLORIDA $121 251 SHIPPING TO CALIFORNIA $5 000 SHIPPING FUEL SUR CHARGE $485 TOTAL $126,736 Comments and SpecIal Instructions CUSTOMER TO ARRANGE AND PROVIDE OFFLOAD OF BOAT FROM DELIVERY TRANSPORT \ ABOVE PRICES ARE VALID THROUGH FEBUARY 2007 Terms and Conditions 1 Payment Terms are NET 30 DAYS from InVOICe date subject to satIsfactory credIt approval at hme of order placement 2 Pnces are guaranteed for 90 Days regardless of any EconomIC Price MochfIcatIon to GSA Contract 3 BrunsWIck CommercIal and Government Products Ine reserves the rIght to modify or discontInue models and eqUlpment at any tIme WIthout lDcumng obligation GSA Contract InformatIon GSA SCHEDULE TITLE Small Craft and Manne EqUlpment FSC Group 19 Part 1 FSC Classes 1940 and 2010 CONTRACT NUMBER GS 07F 0011) CONTRACT PERlOD 10/1/98 through 09/30/08 CAGE CODE lC8W2 SIC 3732 FEDERAL TAX ID# 36 4083 000 DUNS 001012079 ^DUDV Page 3 of3 A~:.;: ITE JI ~ 0 PAl..: J) ~ OF l) CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT FINAL MAP NO 32337-2 APPLICANT K HOVNANIAN HOMES REQUEST Approval of Flllal Map No 32337-2 located on approximately 5372 acres The tract map proposes one hundred five (105) residential lots with twelve (12) lettered lots for streets public utilities and open space purposes LOCATION The proposed Flllal Map IS located north of Grand Avenue and east of McVicker Canyon Park Road BACKGROUND At their regularly scheduled meetlllg of August 10, 2004, the City CounCil approved Tentative Tract Map No 323372 DISCUSSION Staff has reviewed the Flllal Map and finds It III substantial conformance to Tentative Tract Map No 32337 2 and that all Conditions of Approval relative to the Flllal Map approval have been completed I I ... AGIiHOA ITEM NO q ..... PAGE I OF.3 REPORT TO CITY COUNCIL FEBRUARY 27,2007 PAGE 2 FISCAL IMPACT None RECOMMENDATION Staff Recommends that I The CIty CouncIl approve Fmal Map No 32337 2 subject to the CIty Engmeer's acceptance as bemg true and correct 2 That the CIty CouncIl authonze the CIty Clerk to accept all dedIcatlOns, SIgn the map and arrange for the recordatlOn of Fmal Map No 32337-2 PREPARED BY KEN A SEUMALO, CITY ENGINEER ~ APPROVED FOR AGENDA BY Attachment VIcmIty Map AGENDA ITEM NO q PAOE 2. OF 3 .... VICINITY MAP FINAL MAP NO 32337-2 CITY COUNCIL AGEI'i)A ITEM NO ---1- PAaE 3 Of 3 '" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT VERIZON INTERNET SERVICE PROVIDER AGREEMENT BACKGROUND ConsIder Venzon Busmess ServIces Agreement for provldmg Internet ServIces at a dedIcated T I data transfer rate and termmate eXlstmg RIverSIde County InformatIOn Technology (RCIT) ServIce Level Contract RecommendatIon for such a change IS supported m the IT StrategIc Plan under Recommended DISCUSSIOn SectIon 3 3 I DISCUSSION The CIty of Lake Elsmore currently contracts WIth the RCIT for Internet servIces (CORNET) The CIty ongmally contracted WIth RCIT m order to acqUIre GIS data VIa the Internet from RIversIde County s TransportatIOn Land Management Agency Over the years rates have fluctuated WIdely based on dIfferent rate structures used to track Internet usage On July I, 2006, the CIty s monthly fee went from $200 to over $2000 from a flat rate fee to a per PC connectIOn fee CORNET IS no longer a competItIVe ISP provIder and the CIty s IT StrategIc Plan recommends replacmg CORNET WIth a pnvate ISP provIder Three (3) Internet ServIce ProvIders were solICIted for T 1 Internet ServIce mformal bIds Venzon MPower, and Qwest subrmtted quotes and were evaluated Venzon was selected because oflower costs and the fact fuat Venzon owns the data lmes from the mam data sWItch to CIty Hall Acqumng TIer I support dIrectly from the camer (Venzon) IS preferred to TIer 2 or 3 servIce from lease camers because dunng an outage, Venzon customers receIve first pnonty above lease customers Agenda Item No I CJ PageLof I ( By transfemng Internet ServIce ProvIders to Venzon the CIty wIll reduce Its cost by 75%, mcrease connectIon relIabIlIty, and expand on the Internet capable solutIons such as a VIrtual Pnvate Network (VPN) for remote system logms The Venzon monthly cost IS based on a 3 year agreement FISCAL IMPACT Venzon Busmess ServIce Agreement wIll be paId out of eXlstmg fundmg for Internet servIces at a net estImated monthly savmgs of$I,425 or $17,100 aJIllually, as shown m the table below ThIs purchase IS exempt from the CIty s purchasmg polIcy requmng formal bIds because It IS m the best mterest of the CIty to use Venzon to reduce cost and mcrease connectIOn relIabIlIty and support due to theIr ownershIp of the data transfer lInes <, ~ ,,,! "( . ,~ '>; - 1. I "". ,f C'ost $' :S~rviC.e, Provider. Quotes ", I' . . ". RIverSIde County CORNET Monthly $2,000 00 Qwest Internet ServIce Monthly $1,077 00 MPower Internet ServIce Monthly $500 00 Venzon Internet ServIce Monthly Cost $575 00 Annual Venzon Internet Service Cost $6,900 00 Total Venzon Contract Cost @ 3 Years $20,700 00 RECOMMENDATION Authonze the CIty Manager (or deSIgnee) to termmate the eXlstmg ServIce Level Contract between County of RIverSIde and CIty of Lake Elsmore and authonze CIty Manager (or deSIgnee) to prepare and execute Venzon Busmess ServIces Agreement for provldmg Internet ServIces at dedIcated T 1 data transfer rate PREPARED BY MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER APPROVED FOR AGENDA BY Agenda Item No 10 Page d-- of ~ VERIZON BUSINESS SERVICES AGREEMENT - 5mb Business Name (Pnnt Business full legal name) Billing Address City of Lake Elsinore 130 S Main Street Lake Elsinore CA 92530 (hereinafter Customer") Emall tsoto@lake-elslnore org Sinner S Name lolease onntl TItle Slonature Date Document VOId If not signed and delivered to Verlzon by February 28 2007 Term ofthls Agreement o 1 Year 02 Years ~ 3 Years Annual Volume Commitment 0 $600 0 $1 200 ~ $6000 0 $7 500 0 $12 000 0 $24 000 0 $36000 (as defined below) This Venzon Business Service Agreement (Agreement) IS made by and between Venzon which refers to Venzon Business Network Services Inc on behalf of MCI Commumcatlons Services Inc d/b/a Venzon Business Services and any other VerlZon affiliates Identified In applicable service attachments or the GUide (Individually and collectively) and Customer The pnclng In thiS Agreement IS effective either a) when Service (defined below) IS Installed If Customer has no Venzon service at the time thiS Agreement IS accepted by VerlZon or b) otherwise by the first day of the second full billing cycle follOWing acceptance of the Agreement by VerlZon except where a Service Attachment indicates otherwise for a particular service (Effective Date) Venzon acceptance occurs upon Venzon s verification that an unaltered Customer signed document IS received by a Venzon Implementation center AuthorIZation of Credit Investigation Customer authonzes Venzon to investigate Customer s credit and understands that Venzon may review any Information available beanng on Customer s creditworthiness Such information will be held In stnct confidence Customer agrees to Indemnify and hold Venzon and any other persons harmless from all liability damage or expenses anslng from or relating to any and all credit Investigations by Venzon Customer Consent to Use of Customer Propnetary Network Information (CPNI) Venzon acknowledges that It has a duty and Customer has a nght under federal and/or state law to protect the confidentiality of Customer's CPNI CPNI Includes Information relating to the quantity techmcal configuration type destinatIOn locatIOn and amount of use of the telecommumcatlons services Customer purchases from Venzon as well as related local and toll billing Information made available to Venzon solely by virtue of Customer's relationship WIth Venzon With Customer consent Venzon may share Customer CPNI and other Confidential Information among ItS affiliates Including Venzon Wireless and With agents and partners so that all may use thiS Information to offer Customer the full range of products and services offered by Venzon and ItS affiliates Including local long distance WIreless and Internet services (see www venzon com for a descnptlon of Venzon compames and services) By slgmng thiS Agreement Customer consents to Venzon uSing and disclOSing Customer CPNI as described above Customer may refuse CPNI consent by slgmng thiS Agreement and by notltylng Venzon In wntlng at cpm notlces@venzonwlreless com and cpm notlces@VerlZonbuslness com of Customer's deCISion to WIthhold Customer s consent Customer s consent or refusal to consent will remain valid until Customer otherwise adVises Venzon and In either case Will not affect Venzon s provIsion of service to Customer ILEeS and Venzon Wireless The Terms and Conditions below do not apply to Services prOVided by Venzon Incumbent local exchange carners ( ILECs ) or by Cellco Partnership and ItS affiliates d/b/a Venzon Wireless ("VerlZon Wireless) which are governed solely by the Service Attachments for such Services and In the case of ILEC Services applicable T anffs (defined below) A Venzon Wireless Service Attachment becomes a part of thiS Agreement only once It IS executed by Venzon Wireless and the Customer 1206 Venzon BUSiness SeMces Agreement r2 I SERVICES Customer elects to purchase the commumcatlon services ( Services) listed below and described In the Service Attachments which contain applicable rates and are Incorporated Into and made a part of thiS Agreement o Metro Private Line Service Attachment ~ Internet Dedicated Service Attachment o VolP Service Attachment 0 IDA Pricing Summary o U S Private Line Service Attachment 0 Pnvate IP Service Attachment o USPL Pnclng Summary 0 Private IP PriCing Summary o Frame Relay Service Attachment 0 Network Access Service Attachment o Customer Premises Equipment Attachment 1 of 3 AGENDA ITEM NO \ <1,"'170" CONFIDENTIAL PAQE:J OF ...l.i. /I TERMS AND CONDITIONS A. Term and Survival The 100IIal Term begins on the Effective Date and ends upon the complellon of Term Indicated above at which lime The Agreement IS automallcally extended ( Extended Term) on a month to-month basIs unlll either party terminates It upon Sixty 60 days prior written notice The terms of thiS Agreement will continue to apply dUring any service-specific commitments that extend beyond the Term Term means the 100tlal Term and Extended Term B Tariff and GUide Venzon s proVISion of Servrces to Customer will be governed by Venzon s Internallonal Interstate and slate tariffs ("Tarrff(s)) lis Service Publlcallon and Prrce GUide (Guide) at wwwverlzonbuslness com/gUide and thiS Agreement ThiS Agreement Incorporates by reference the terms of each Tarrff and the GUide Venzon may modify the Guide from bme to lime and any modlficallon will be binding upon Customer as prOVided In the Guide If a COnflict anses the order of precedence IS (I) Tarrffs to the extent applrcable (II) thiS Agreement (excluding the GUide and Tariffs) and (III) the Guide Among the proVISIOns of the Agreement the order of precederrce IS (I) Service Allachments and (II) these Terms and Condrtlons If Venzon makes any changes to the GUide (other than to Governmental Charges) that affect Customer In a matenal and adverse manner Customer may d,sconbnue the affected Servrce Without lIabllrty by providing Venzon With wnIIen nollce of discontinuance Within 60 days of the date the change IS posted on the Websrte unless WIthin 60 days of receMng customer's dlsconllnuarrce nollce Verlzon agrees to remove the matenal adverse effect on Customer If a SerV1ce IS dlsconbnued Customer's AVC (defined below) Will be reduced as appropriate to accommodate the dlsconbnuance C Rates and Charges Governmental Charges Taxes Customer agrees to pay the rates and charges specified In thIS Agreement Standard rates and charges means the Venzon BUSiness Services II prICIng plan ( VBS II ) where applrcable Except where expressly stated otherWIse all rates and charges are subject to change Venzon may gIVe Customer nobce of prICIng changes by posbng them on the Guide by inVOice message or by other reasonable means All charges are exclUSIVe of applrcable Taxes and Venzon may add or adjust rates and charges In order to recover amounts rt IS required or permrtled by governmental or quas'ilovernmental authorrtres to collect from or pay to others In support of statutory or regulatory programs (Governmental Charges) Customer Will not be eligible to receIVe any other addrtlonal diSCOUnts promollons and/or credits (Tarrffed or otherwrse) The rates and charges set forth In thiS Agreement do not Include (wrthoutllmrtallon) charges for all posSible non-recumng charges access service local exchange SeMce charges Imposed by a third party other than Venzon on-site Installabon Governmental Charges (defined above) network applrcabon fees customer premises equipment or extended Wlnng to or at a Customer premises D MInimum Annual Volume Commitment Customer agrees to pay Verlzon no less than the AVC (Indrcated above) In Total Service Charges (defined below) dunng each twelve-month penod after the Effecbve Date ( Contract Year") "Total Servrce Charges means all charges after appllcallon of all diSCOUnts and credlls for the Services excluding Taxes Governmerrtal Charges equipment Venzon ILEC Venzon Wireless Documerrt DelIVery Fax non-recumng changes goods and ServiceS acquired by Verlzon as Customer's agent Intemabonal pass-through access (Type 3/PTT) and changes for Intemabonal access provided by Venzon (T ype1) and other charges expressly excluded by thiS Agreement E UnderutdlZatlon and Early Tennmabon Charges If Customer's Total SerVIce Charges do not reach the AVC In any Contracl Year dunng the Inrtial Term Customer shall pay an Underubllzaoon Charge equal to 25% of the unmet AVC If Customer's Total Service Charges do not reach the AVC In any Contract Year because the Agreement IS terminated early by Customer WIthout Cause or by Venzon WIth Cause Customer shall pay an Early Termlnabon Charge equal to 25% of the unmet A VC plus a pro rata porbon of any credlls received by Customer F Payment Customer Will pay all Venzon charges (except Disputed amounts) WIthin 30 days of Invorce date Customer Will pay a late paymerrt charge equal to the lesser of (a) 1 5% per month (b) the amountlndrcated In a Service Attachment or (c) the maximum amount allowed by applicable law A DISputed amount IS one for which Customer has given Venzon wnIIen notice adequately supported by bona fide explanabon and documentallon Any Invoiced amount not Disputed WIthin 6 months of the Invoice date IS deemed correct and binding on Customer Customer IS liable for all fees and expenses Including attomey's fees reasonably Incurred by Venzon In attempbng to collect any charges owed under thiS Agreement G Termmatlon Erther party may terminate thiS Agreement for Cause (excluding Venzon ILEC or Venzon Wireless Servrces which are governed by the applicable Service Attachmerrts) Cause means (a) Customer's failure to pay any InVOice (excluding Disputed amourrts) WIthin 10 days of receiVing nollce that payment IS overdue or (b) breach by a party of a matenal proVISion of thiS Agreemerrt that the breaching party has not cured WIthin 30 days of receMng nollce from the non breaching party If Interruption of Service IS necessary to prevent or protect against fraud or otherwrse protect Venzon s personnel faClllbes or services Venzon may do so Without nobce H Confidential Information The parlres Will protect Confidenballnformallon and IImrt lis use and disclosure as proVided further In the Guide Confldenbal Informallon means InformatIOn (In whatever form) deSignated as confidenbal by the disclOSing party by conspICUous markings (If tangible Confidenbal Information) or by announcemerrt at the bme of Inlbal disclosure (If oral Confldenbal Inforrnabon) or If not so marked or announced should reasonably have been understood as confidenbalto the disclOSing party (or one of lis affiliates or subcontraclors) either because of legends or other markings the Circumstances of disclosure or the nature of the Informabon lIself and that (I) relates to thiS Agreement or changes to thIS Agreement (II) relates to the disclOSing party's customers products serVIces developments trade secrets know how or personnel and (III) IS receiVed by the receiving party from the disclOSing party dunng the Term \0 Venzon CONFIDENTIAL OF J.L 12 06 Venzon Busmess SelVlces Agreement r2 20f3 AGENDA ITEM NO PAQE 1..f DISCLAIMER OF WARRANTIES AND CERTAIN DAMAGES EXCEPT AS SPECIFICAlLY SET FORTH IN THIS AGREEMENT VERIZON MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO ANY VERIZON SERVICES SOFTWARE OR DOCUMENTATION VERlZON SPECIFICALLY DISCLAIMS ANY AND AlL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY WARRANTIES ARISING FROM A COURSE OF DEAliNG USAGE OR TRADE PRACTICE NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT CONSEQUENTIAl EXEMPLARY SPECIAL INCI-DENTAl OR PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS REVENUE PROFITS OR GOODWILL ARISING IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF TORT CONTRACT INDEMNITY WARRANTY STRICT LIABILITY OR NEGLIGENCE EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES J LImitation of Liability and Actton The total liability of Venzon to Customer In connection with thiS Agreement IS IImrted to the lesser of (a) dIrect damages proven by Customer or (b) the amount flIJJd by Customer to Ver/zon under thIS Agreement for the 6 month penod poor to accrual of the most recent cause of action excluding amounts for equipment and the Services of Venzon ILECs and Verizon WIreless This limitation applies for any and all causes of actions and claims including wrthout limitation breach of contract breach of warranty negligence stnct liability misrepresentatIon and other torts ThIs section does not IImrt any Ver/zon lIabllrty (a) In tort for rts willful or intentional misconduct or (b) for bodily Injury or death proximately caused by Venzon s negligence or (c) loss or damage to real property or tangible personal property proXImately caused by Venzon s negligence. A party may not bnng any acbon or demand for arbllrabon anslng out of thiS Agreement more than 2 years after the cause of acbon has accrued The parbes waIVe the nght to Invoke any different IImltabon on the OOnglng of acbons under state law K. AsSIgnment Erther party may assign thiS Agreement or any of rts nghts hereunder to an affiliate or successor upon nobce to the other party A Customer affiliate or successor must meet Venzon s credllworthlness standards for the assignment to become effecbve All other assignments are VOid L Service Marks Trademarks and Name Neither VerlZon nor Customer may (a) use any service mark or trademark of the other party or (b) refer to the other party In connection WIth any advertiSing promotion press release or publlcalion unless It obtains the other party's pnor wrlllen approval M Dispute Resolution Any claim or dispute ( Dispute) anslng out of or relating to thiS Agreement (other than claims relating to Indemmficatlon and eqUitable relief) must be resolved by binding arbitration of a Single arbitrator under the rules of the American Arbitration AsSOCiation at a mutually agreed upon location The arbitrator must base hiS or her deCISion upon thiS Agreement and applicable law and has no authOrity to order consolidation or class arbltralion or award pumlive damages or any other relief beyond what the Agreement prOVides The arbitrator must apply applicable statutes of Irmltalion subject to IImltalion of actions terms set forth In thiS Agreement The parties agree that all Disputes must be pursued on an indiVidual baSIS In accordance With the procedure noted above and waive any rights to pursue any Dispute on a class baSIS even If applicable law permits class actions or class arbitrations N Notices All commumcabons hereunder Including dlsconnecbon nobces must be made to Customer at the address below and to Venzon at notlce@verlzonbuSlness com follOWIng the procedures In the GUide To Venzon Operation Center With a CODV to Venzon BUSiness ServIces (Alln Customer Service) Venzon BUSiness Services (Alln Vice PreSident Legal) 6415 6455 BUSiness Center Drive 22001 Loudoun County Parkway Highlands Ranch CO 80130 Ashburn VA 20147 or via emall to notlce@venzonbuslness com o Acceptable Use Use of Venzon s Internet Services and related equIpment and faCIlities must comply WIth the then current version of the Venzon Acceptable Use Polrcy (Polrcy") (see wwwvenzonbuslness comlterms) Venzon reserves the nght to suspend or terminate Internet Services effective upon notIce for a vlolalion of the Polrcy Customer WIll Indemnify and hold harmless Venzon from any losses damages costs or expenses resulling from any thIrd party claim or allegation that If true would constitute a vlolalion of the Polrcy Each party will promptly notify the other of any such claim P Entire Agreement ThIS Agreement (Including Service Attachments and Exhlbrts referenced herein and other documents Incorporated by reference) constitutes the enlire agreement between the parties With respect to the subject matter of thiS Agreement and supersedes all other prior or contemporaneous representations understandings or agreements Except as otherwise expressly stated herein no amendment to thiS Agreement IS valrd unless In writing and Signed by both parties 12 06 Venzon BUSiness Services Agreement r2 30f3 AGENDA ITEM NO PAGE ~ \0 , I / Verizon CONFIDENTIAL OF..L..kI..... Company Contract 10 _______ OptIOn 1 Blllmg Code IDBPT11 Venzon Business Services Agreement smb Internet Dedicated Service Attachment Internet Dedicated Bundled PPO T1 and NxT1 Select I Promotion Subject to the Conditions of Ellglbllrty below Customers ordenng Venzon s Internet Dedicated Service Pnce Protected Option ( PPO ) T1 and NxT1 CIrcUits ( Promotlona' ClrcUrt) will receive the following promotIOnal MRC (whIch Includes the MRC for a local T1 access loop as well as the Imemet Dedicated ClrcUrt) and waIver of related Installalton charges as shown below for each Promoltona' Clrcurt as applicable for the Term of the Agreement CIrcuit 1}1le standard local T1 Accelili 1 Year Tem 2+ Year Term Installation looD(III' MRC MRC PPO T1 Waived Included $650 $625 2xT1 WaIVed Included $1300 $1250 3xT1 Waived Included $1950 $1875 4xT1 Waived Included $2 600 $2 500 5xT1 WaIVed Included $3 250 $3 125 6xT1 WaIved 'ncluded $3 900 $3 750 7xT1 Waived Included $4 550 $4 375 8xT1 Waived Included $5 200 $5 000 PrOVided via an MCI Legacy Company" as defined In the GUide Condltlonll Of EligIbility 1 The following are eligible for thiS promolton a New Promoltonal Clrcurts b Exlsltng Promoltonal CirCUits being renewed c Upgrades to a Promoltonal CIrcuIt type 2 The Promotional CirCUit must be located entirely . Wrthln the 48 contiguous states . Wrthln the selected NPAlNXX areas set forth within the GUide 3 Promobon must be Included In the Customer's agreement by July 31 2007 Other Requirementll 1 Venzon wII' determine the local access loop prOVider 2 Promoltonal CirCUits receiVIng the benefits of thiS promobon may not receive the benefits of the following pnomobons On The Network IV Lrt BUilding Access Reach The Network Tiered Access On The Network V Lit Building Access On The Network V Cross Connect Pnomobons and Venzon Loyalty Plus Promobon 3 Unless stated otherwIse promotional rates/dIscounts are In lieu of all other discounts 1206 IDA Bundled PPO T1 & NxT1 Select I Promobon doc 1 of 1 Verlzon CONFIDENTIAL AGENDA ITEM NO PAGE C, 10 OF lfL. Venzon Contract 10 Program VBS " Verlzon Business ServIces Agreement smb Network Access Service Attachment GENERAL The Venzon Network Access Services proVIded pursuant to thiS Attachment ( Access Service) are govemed by the GUide provIsions relabng to Network Access for Venzon BUSiness Services II as supplemented by thiS Attachment and the related Agreement 1/ RATES AND CHARGES Network Access Service CIrcUIts provIsioned under thiS Service Attachment are provided pursuant to the GUide proVIsions relabng to Network Access Service for Venzon BUSiness Services II and the provlsrons of the GUIde relallng to GUide Type 21 A. DSO Rates and Charges FollOWing are the Network Access Servrce monthly recumng charges ( MRC") Addrtlonally one-bme charges related to the Network Access Service are set forth In the GUide Type 1 and Type 3 DSO Rates Per Network Acc:ess loop Instal/ Fee MRC $200 00 $15000 $200 00 $200 00 $200 00 $250 00 $200 00 $300 00 B DS1 and DS3 Rates and Charges MRCs and one-lime charges for OS 1 and OS3 Access Service are set forth In the GUIde provlsrons relatrng to Network Access Service for Venzon BUSiness Services 1/ C D,sc:ounts Customer Will receive the follOWing drscount percentage off the MRC listed In the GUide for OSO Access Service Clrc:urt Dlsc:ount off MRC Type 1 Year Term 2-YearTerm 3- Year Term OSO 10% 150/ 18% OS1 150/ 20% 250/ OS3 15% 20% 25% 12 06 BS2 Network Access Service Attachment doc 1 of 1 Document VOId If not delivered With signed Agreement by February 28 2007 AGENDA ITEM NO PAGE I \ 0 Verlzon CONFIDENTIAL OF/I:, Company Contract 10 _______ __ Programs VBSII OptIon 1 Promo Code INSTALL Vertzon Business Services Agreement smb Installation Waiver Promotion Attachment New customers of DSO or DS1 Access ServICe Frame Relay Service Internet Dedicated T1 NxT1 or T3 Service Pnvate 'P Service or U S Pnvate Line Service (each an eligible service or collecllvely referred to as eligible servIces") who execute an Vel/zon Business Services Agreement ( Agreement") WIth a mln.mum two-year term commrtment by July 31 2007 are eligIble to receive the promollonal benefit detaIled below Addlbonally reneWIng customers either adding an eligible service or adding addrtlonal CirCUIts to an eXlsbng eligible servIce and who sign a minimum two-year term commrtment for such eligible services by July 31 2007 are eligIble to receive the promollonal benefit detailed below Promobonal Benefrt Venzon WIll waive the one-bme Installabon charges associated wrth the Implementabon of any eligible service provided by MCI Communlcabons Services 'nc d/b/a Venzon BUSiness Services MClmetro Access TransmiSSIon ServIces LLC d/b/a Venzon Access TransmiSSion Services MClmetro Access TransmiSSion Services of Virginia 'nc d/b/a Vel/zen Access TransmisSIon Services of Virginia or MClmetro Access TransmISSion Serv.ces of Massachusetts Inc d/b/a Venzon Access Transmission Services of Massachusetts (collecbvely MCI Legacy Company") WIthin the 48 conbguous Unrted States for the durabon of the term commrtment for new eligible serviceS or the term commitment for add.bonal CIrCUits to an eXlsllng eligIble servIce Usage charges monthly recumng charges expedite charges change charges surcharges any charges Imposed by third parnes (Including access egress Jack or Wlnng charges) taxes or tax like surcharges or other Governmental Charges WIll not be waived AGENDA ITEM NO I 0 PAGE r OFL 1206 882 Installabon Waiver Promotion doc 10fl Venzon CONFIDENTIAL Venzon COnlracIID_______ Program VBSII Option 1 Promo Code NORSKGAR Verlzon Business Services Agreement smb 90 Day Satisfaction Guarantee Promotion New Eligible Customers as defined below of the following services ( Eligible Services) execubng an VerlZon Business Services Agreement ( Agreement) wrth a mlmmum one-year term commitment on or before July 31 2007 are eligible to receive the follOWing promobonal benefit subject to the Condlbons Specified below Eligible ServiceS . Frame Relay Internet Dedicated 768k T1 and T3 Venzon VolP Pnvate IP Service Domesbc U S Pnvate Line Service . . . . Promotional Benefit Customer may cancel such Agreement at any bme Within 90 days of the contract effecbve date proViding wntten nobficatlon IS received by Venzon from Customer to dlsconbnue service and cancel such Agreement Conditions 1 An eligible Customer IS defined as not haVing any Venzon billing Within the past 90 days ( Eligible Customers ) 2 In order to exerCise thiS ngh~ Customer must proVide VerlZon With at least 30 days wrrtten nobce In accordance With the notice proVISion In the Agreement For any Customer that elects to dlsconbnue rt s Agreement and bmely nobfy Venzon of Its Intent service proVided under such Agreement Will terminate 60 days after the date of receipt of Customer s notification 3 Customers who terminate pursuant to thiS 90 Day Sabsfactlon Guarantee will be billed and reqUired to repay all credrts including Installabon credrts received up to the bme of the service termlnabon date but Will have no obllgabon to fulfill any Annual Volume Commitment applicable under such Agreement In addllJon If Customer has received a product speCific promobon benefit and has not met the requirements for those speCIfic benefrts then Customer shall also reimburse Venzon on a pro-rata baSIS for such other credits received and charges waiVed AGENDA ITEM NO. PAGE i \a OF .1L 12 06 BS2 90 Day Sabsfacbon Guarantee Promobon doc 1 of 1 Verlzon CONFIDENTIAL VerlZon Contract 10 VBSIl Venzon Busmess Services Agreement smb Internet Dedicated Service Attachment GENERAL The Internet Dedicated Sennce(s) provided pursuant to this Attachment are governed by the GUIde provIsions relabng to Internet Dedicated Services as supplemented by thiS Attachment (Including the related Pnclng Schedule which IS Incorporated Into and a part of thiS Attachment) and the related Agreement II RATES AND CHARGES The monthly recumng charges ( MRC ) for Internet Dedicated Services (Includes Integrated Internet Access Internet Dedicated T1 and Internet DedIcated T3) and attendant options are hsted as applicable In the related Pnclng Schedule(s) and are fixed for the Term of thIS Agreement Additional charges are set forth below and are subject to change pursuant to the GUIde Pnces below are for Internet Dedicated Service In the contiguous Umted States and do not Include any extended wIring to or at Customer premises eqUIpment costs or network apphcabon fees All rates and charges are provIded pursuant to the GUIde prOVISions relabng to Product Packages GUIde Type 21 Local access (local loop) service IS required to connect Customer s premises to Venzon s network hub and IS sold separately A. Internet Dedicated NxT1 Service 1 NxT1 Ports Pricing for QoS ports does not vary based on speed or the number of ports selected for QoS A Single flat charge apphes to all speeds and all of Customer's selected NxT1 QoS enabled ports 2 RelocatlonlRetermlnabon Fee $750 NxT1 MLFR Start-up Fee MRC 2xT1 $600 $1 400 3xT1 $600 $2 079 4xT1 $600 $2745 5xT1 $600 $3 395 6xT1 $600 $4 035 7xT1 $600 $4 655 8xT1 $600 $5 260 aoS Options'" QoS for NxT1 $200 $200 B Internet Dedicated T1 ServIce 1 T1 Ports ServIce Type Start up MRC Fee o - 128 Kbos Burstable T1 $100 $485 128 01 256 Kbps Burstable T1 $100 $565 256 01 384 Kbos Burstable T1 $100 $635 384 01 512 Kbos Burstable T1 $100 $725 Over 512 Kbps Burstable T1 $100 $850 Tiered 768 Kbos $100 $620 Pnce-Protected T1 $200 $715 Diverse T1 $200 $1425 Double T1 $200 $1425 Shadow T1- $50 $285 ISDN Back-uo (128 Kbps) $395 $149 QoS Options'" QoS for 768 Kbos $100 I $100 AGENDA ITEM NO \ () PAGE 10 OFlL 1206 BS2 Internet DedICated SelVlce Attachment doc 1 of 4 Document void If not delivered with a SlQned A9reement by February 28 2007 Verlzon CONFIDENTIAL OoS for BurstablefTIered/Pnce Protected $100 $100 T1 OoS for Double/DIverse T1 $200 $200 OoS for Shadow T1 $100 $0 Venzon Contract 10 VBSII ISDN lines are not dIscountable and must be ordered by Customer Shadow ServIce IS only available With an equIvalent pnmary ServIce (e g Shadow T1 IS available only with T1 ServIce) - Shadow Service IS only available wllh an equIvalent pnmary ServIce (e g Shadow T1 IS available only WIth T1 ServIce) - Pnclng for OoS ports does not vary based on speed or the number of ports selected for OoS A sIngle flat charge applies to all speeds and all of Customer's selected OoS enabled ports 2 RelocatlonlRetermlnatlon Fee $450 C Internet Dedicated T3 ServIce 1 T3 Ports T3 TIered St;l.rt-uo Fee MRC 3 MbOs Dort $600 $1400 6 MbDS Dort $600 $2 340 9 MbOsoort $600 $3 330 12 MbOs oart $600 $4 320 15 MbDsoort $600 $5 325 18 MbllSOort $600 $6 390 21 Mb[)SDort $600 $7 350 24 MbDS [JOlt $600 $8 400 27 MbDS oort $600 $9180 30 Mbosoort $600 $9 900 33 Mbosoort $600 $10560 36 Mbi:lSDort $600 $11160 39 Mbos oort $600 $11700 45 Mbos oalt $600 $11925 Shadow T3- $600 $1345 Burstable T3 St;l.rt-uo Fee MRC o 3 MbosUoort $600 $1470 3 01 6 Mbosoort $600 $2457 601-75 Mbosoort $600 $2914 751-9 MbOsDOrt $600 $3402 901-105 MbDs oart $600 $3914 1051-12 MbOsoort $600 $4 473 1201-135 MbDs oart $600 $4961 1351 15 MbDS Dort $600 $5513 1501-165 MbDS DOrt $600 $5891 1651 18 MbDS Dort $600 $6 237 1801-195 Mbns nnrt $600 $6 552 1951 21 Mbns nort $600 $6 836 21 01-45 MbDS oart $600 $13500 Shadow T3 $600 $1345 &rstable Select T3 St;l.rt-uo Fee MRC Overaae Per MbDS 5 Mbns $600 $2 250 $450 10 Mbns $600 $3 750 $375 15 Mbns $600 $5 505 $367 20 Mbns $600 $6 720 $336 25 MbDS $600 $8 250 $330 30 MbDS $600 $9 600 $320 35 MbOs $600 $10850 $310 12 06 BS2 Internet DedICated SeMce Attachmenldoc 2 of 4 Document void If not delivered with a S'9ned A9reement by February 28 2007 Verizon CONFIDENTIAL AGENDA ITEM NO PAGE II \0 OF~ 40 Mbps $600 $12000 I $300 Prlce-Protec;ted T3 Start-up Fee MRC Pnce-Protected T3 45 MbPs $600 $11925 Shadow T3 $600 $1345 Double/DIverse T3 Start-uo Fee MRC Diverse T3 $600 $23 850 Double T3 $600 $23 850 QoS Options Start uo Fee MRC OoS for Burstablel Burstable Select/Pnce Protected T3 $200 $200 OoS for DoublelDlverse T3 $250 $250 OoS for Shadow T3 $200 $0 Venzon Contract ID vasil Pncmg for OOS ports does not vary based on speed or the number of ports selected for OoS A single flat charge applies to all speeds and all of Customer s selected OoS enabled ports - Shadow ServIce IS only available with an eqUIvalent pnmary Service (e g Shadow T3 IS avaIlable only with T3 Service) 2 RelocabonlRetermlnallon Fee $750 D DIscounts Customer Will receive the followmg discounts off the MRC set forth above except as otherwise specified DIscount off MRC Service Type 1 Year Term 2 Year 3-Year Term Term Integrated Internet Access 22% 26% 3010 Internet Dedicated NxT1 27% 31% 35% MLFR Internet Dedicated T1 27% 31% 35% Internet DedIcated T3 27% 310/ 350/ E InstallatJon Installation may be scheduled between the hours of SAM and 7PM ET Monday through Fnday (excludIng holidays) If Customer reqUIres InstallatIon outSide of these hours Venzon WIll charge an addrtlonal $500 fee F Access Charges Access ( local loop ) CirCUit charges are separately pnced and may be found In the Access poroon of the GUIde If Customer orders Its own local loop circuits Venzon Network ConnectJon Fee - also set forth ,n the GUide - shall apply G Expedited ServIce Fee At Customer's request, Venzon will request expedited service from the telco Customer shall pay an expedited service fee of $1 300 per CIrCUIt for all expedIted telco provIsIoning H CancellatIon Prior to InstallatJon A $650 per-order charge applies for orders for Installation of servIce which are cancelled by Customer after acceptance by Venzon and pnor to mstallabon of service III TERMS AND CONDITIONS A. General DescnptJon of Internet Dedicated Service Internet Dedicated Service prOVides high-speed full time dedicated Intemet access as descnbed further In the GUide prOVISions relallng to Internet Dedicated SelVlce Venzon WIll proVide access to a router at an Venzon network hub near Customer s site VerlZon may Interrupt the access for (I) scheduled maintenance (usually scheduled dunng off hours at the Venzon hub such as Tuesdays and Wednesdays between 300 AM and 600 AM local lime) (II) emergency maintenance or (m) emergency maintenance or as othelWlse set forth In the Agreement Customer IS responsible for the operation of Its LANIWAN B Access Access to a router at a Venzon Network hub near Customer's srte may be Interrupted for (I) scheduled mamtenance (usually scheduled dunng off-hours at a Venzon hub such as Tuesdays and Thursdays between 300 AM and 6 00 AM local lime) (II) emergency mamtenance or (m) as otherwise set forth In the Agreement C Customer Obligations Service Not To Be Resold WhIle Customer can resell Internet connectJvrty Customer cannot resell the Internet Dedicated Service In Its enbrety to another person or enbty wrthout the express pnor wntten consent of Venzon If Customer resells Intemet connectJvlty to end users Customer IS responSible for (,) provldmg the first pOint of contac;t for end user support InqUlnes (II) provldmg software fulfillment to end users (m) 1206 BS2 Internet Dedicated Service Attachment doc 3 of 4 Vertzon CONFIDENTIAl Document VOid If not delIVered wrth a sIgned Agreement by February 28 2007 AGENDA ITEM NO \ 0 PAGE 11- OF l.L Venzon Contract ID ____ VBSII running lis own pnmary and secondary domaIn name ServJce DNS for end users (IV) reglstenng end users domaIn names (v) uSing BGP routing to the Venzon Network If requested by Venzon (VI) collecting route addllJons and changes and provIdIng them to Venzon and (VII) reglstenng WIth the appropnate agency all IP addresses proVIded by Venzon to Customer that are allocated to end users D Burstable Downgrade Customer may downgrade to a lower Burstable ServIce level If Customer's Measured Use Level IS at or below such Burstable ServIce level for at least two consecutIve months and Customer thereafter requests the downgrade In wnbng E Burstable Select UpgradesIDowngrades Customer may change (upgrade or downgrade) Its Burstable Select Service Level once wlltun a gIven calendar month by requesbng the same In wnbng The new SerVIce Level and applicable charges will take effect on the first day after the end of the bIllIng cycle dunng which the wrItten request IS received AGENDA ITEM NO PAGE /3 I 0 OF ...Lf.... 1206 BS2 Intemet DedIcated Service Attachment doc 4 of 4 Document vOKlIf not dellV8red with a signed Agreement by February 28 2007 Verlzon CONFIDENTIAL Venzon ContracllD (BSIINBS/GS/RP) Verlzon Business Services Agreement smb Customer Premises EQUipment (CPE\ Attachment A General The provIsions of the GUide relating to Customer Premises EqUipment or CPE (the CPE Terms) will apply to any Customer order to Venzon for one or more of the following CPE services In the U S Mainland only dunng the term of the Agreement of which this semce attachment IS a part (I) purchase (II) purchase Installation and maintenance subject to third-party lease (III) monthly rental (IV) term rental (v) InstaUahon servIce (VI) maintenance service and (VII) maintenance takeover service Orders need not be signed but Venzon will send Customer a wntten confirmabon (including emall) before processing the order Certain current GUide terms regarding CPE are descnbed In part below (WIthout IImdahon) B Pnclng and Payment Customer Will pay the rate stated on Venzon s documentation of an order for Installabon purchase and the purchase and Installabon elements of purchase Installation and maintenance subject to third party lease proVided that the rate IS current - I e was first quoted WIthin 30 days of the order s submiSSIOn For other CPE Services Customer also will pay the rate stated on Venzon s order documentation subject to the follOWIng After expiration of any service term commitment by Customer for a parllcular Unit of EqUipment Venzon may change the rates and WIll prOVide 30 days notice of any Increase Any charges for such CPE do not contnbute to the A VC or any other minimum purchase reqUirement C Title and RIsk of Loss Tille to each Item of eqUipment under purchase or purchase Installabon and maintenance subject to third party lease passes to Customer upon Venzon s receipt of full payment for that Item of eqUipment Customer bears the nsk of loss or damage to rental CPE after Installation and while such eqUipment IS located at an Installabon site and shall pay Venzon the reasonable and customary costs of repair or replacement If loss or damage occurs o Maintenance Venzon has the exclUSive nght to maintain CPE subject to maintenance under thiS Agreement Customer acknowledges that It IS Customer s responSibility to replace (or support) CPE when It IS no longer supported by the CPE manufacturer ( Unsupported CPE) Maintenance service for Unsupported CPE IS IImlled to the level of servrce Venzon can prOVIde uSing commerCIally reasonable efforts E Customer Responsibilities Customer hereby authonzes Venzon or lis assignee to endorse Customer s name upon any uniform CommerCial Code filings reasonably necessary to protect the mterests of Venzon ItS contractors or assignees If any m the CPE Venzon and Its contractors are not responSible or liable for Customer s failure to prOVide backup power or to adequately duplicate or document files or for data or files lost dunng the course of performance of maintenance services Customer WIll proVide a physical and electncal environment for the CPE that meets Venzon Specifications and prOVide Venzon full access to the CPE Customer shall not move or remove any Item of CPE malntamed under the CPE Terms wIIhout Venzon s pnor wntten consent For rental CPE Customer shall proVide msurance meebng Venzon s reqUirements Customer shall not do anything InconSistent WIth Venzon s or Its assignee s Interest In the CPE F Warranties Llmrtatlons of LIability and Force Majeure Customer shall defend Indemnify and hold harmless Venzon lis affiliates and their respective employees officers agents or contractors agamst any damages and expenses Including reasonable attomeys fees Incurred by any of them (Including expenses and costs Incurred by Venzon In enforCing the CPE Terms) anslng out of Customer s or lis employees contractors or agents acts omISSions or breaches of any obllgabons hereunder or Its use of the CPE or maintenance services In a manner not Intended under the CPE Terms Venzon warrants that any cables and connectors between the CPE and any other equIpment on Customer s premises that are prOVided by Venzon WIll be In good working order for a penod of thirty (30) days after mstallatlon unless the failure of such cables and connectors IS caused by Customer's misuse or abuse Venzon warrants that maIntenance service Will be performed In a good and workmanlike manner Customer's sole remedy for a breach of that warranty IS for Venzon to reperforrn the defectIve work Except as sp8CIfically set forth In the CPE Terms all CPE proVided by Venzon IS prOVided as IS WIthOut warranbes of any kmd Venzon makes no warranties express or Implied as to any CPE eqUipment or related product/service or documentation Venzon sp8CIfically disclaIms any and all Implied warranbes Includmg WithOUt limitation any Implied warranbes of merchantability fitness for a parbcular purpose or nOnlnfnngement of thIrd party nghts Nolwlthstandmg the foregOing the end user warranbes and sublicenses If any of the eqUipment manufacturer pass through Venzon and Inure to the benefit of Customer Neither party IS responSible for a failure to perform resuibng from Force Majeure but no Force Majeure relieves Customer of Its obllgabon to make payments for InVOiced amounts In no event will Venzon be obliged to proVide credlls for service mterruptlons to Venzon communication services proVided to Customer as a resull of any act or failure to act under thiS Agreement G Term Termination and Early Tennlnabon Charge 1 If either party matenally or repeatedly defaults In the performance of any of ItS obllgabons under the aspects of thiS Agreement that apply to CPE and does not substanbally cure that default wlIlIln 10 days of being given 1206 CPE Sel'Vlce Attachment doc 1 of 2 Verlzon CONFIDENTIAL Document VOid If not delivered wIIh sIgned Agreement by February 28 2007 AGENDA ITEM NO PAGE I V \0 OF .LL Venzon Contract 10 (BSIINBS/GS/RP) notice of It then the other party may terminate the aspects of thiS Agreement that apply to CPE (Without affecting the remainder of the Agreement) as of a date speCIfied In rts notice of termination 2 Upon termination Venzon has the nght to exerCIse one or more of the following remedies In addition to any other remedies Venzon may exercise In law or equrty (1) recover from Customer all amounts due and unpaid and (2) repossess any CPE for which We has not passed to Customer Upon termination Customer must remove Customer-owned CPE Customer must return or dispose of rented CPE In accordance With Venzon s reqUIrements WIthin 5 bUSiness days after the expiration or termination of the CPE Terms (as a whole or wrth respect to a particular rtem of EqUipment) or the actual termination of service under the CPE Terms If Customer and Venzon have agreed to It occumng before the 30 day notice penod has expired whichever IS sooner Customer IS liable for any loss or damage to CPE resulbng from theft disappearance fire or any other cause For each Item of CPE not returned for any reason WIthin the 5 day penod Customer Will be deemed to have purchased such CPE and shall pay Venzon the replacement cost plus any addlbonal costs Incurred by Venzon In replaCing the CPE 3 If Customer terminates a Unit of CPE service before the end of a service term commitment Customer WIll pay WIthOUt limitation (a) an amount equal to the monthly recurnng charges for the terminated Unit of service for each month remaining In the service term commrtment and (II) any credrts received by Customer With respect to that Unit H Export and Legal Compliance Customer acknowledges that certain eqUIpment software and technical data which may be proVIded under thiS Agreement may be subject to export and re-export controls under the U S Export Admlnlstrabon Regulations and/or Similar regulations of the U S or any other country Customer shall not export or re-export any such eqUIpment software technical data or any direct product thereof In vlolabon of any such laws Customer shall comply WIth all laws and regulations Including but not limited to Import and custom laws and regulations AGENDA ITEM NO \ 0 PAGE IS- OF-LL 1206 ePE Service Altachmenldoc 2 of 2 Document VOId If not delivered W1th Signed Agreement by February 28 2007 Verizon CONFIDENTIAL Venzon Contract IO____~_ ____ Program VBSII Verlzon Business Services Agreement smb Realonal Checkbook - Monthlv ODtlon Promotion New customers who (I) enroll In thiS promobon by July 31 2007 and (II) sign and submit an Agreement by July 31 2007 will receive a monthly Checkbook credit equal to 10% of the Total Contract Volume Commitment (defined as the AVC mulbplled by the number of years In the Inlbal Term) of the Agreement up to a maximum cumulabve credit of $100 000 (the Checkbook Credl!") Customer will receive the Checkbook Credit, In equal monthly Installments based upon the Term as Indicated below beginning In the first month follOWing the Effecbve Date of the Agreement and every month thereafter dunng the Inrtlal Term r 1.Year Tenn 2-YearTenn 3-YllarTenn Checkbook Credrt Monthly Installment 1/12'" 1/24'" 1/36'" The Checkbook Credrt may not be applied against taxes charges for unauthonzed calls pnor outstanding balances owed to Venzon termlnallon or underutlllzabon charges associated WIth term plans or program commitments or disputed charges If Customer terminates the Agreement pnor to the month the next Checkbook Credit IS to be applied Customer Will not be eligible for that month s Checkbook Credit and any unused Credit amount at the lime of termlnabon IS forferted To Qualify for thiS promollon Customer must demonstrate to Venzon s reasonable satlsfacllon that It WIll accept a compebtor s offer In the absence of further Inducement from Venzon to subSCribe to or remain subscnbed to Venzon service The Checkbook Credit may not be applied against InVOices for services prOVided under thiS Agreement by any enllty other than MCI Communlcabons Services Inc MClmetro Access Transmission Services LLC MClmetro Access TransmiSSion Services of Virginia Inc or MClmetro Access TransmiSSion Services of Massachusetts Inc {. v~ . 'W " -~ , I Y~$aI~,QIIII!~'~,~e1Pnntl VedzQn Sales QrChannel Manager's: Sl9n$re Date ~ i>r ~~ "'- AGENDA ITEM NO PAGE I r; 10 OF Ih 1206 BS2 Regional Checkbook Monthly Opbon Promollon doc 10fl Verizc>n CONFIDENTIAl ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT ACOM SECURE LASER CHECK PRINTING SOLUTION PURCHASE BACKGROUND ConsIder ACOM Secure Laser Check Pnntmg SolutIOn purchase to provIde Sungard HTE mtegrated laser checkmg wntmg capabIlIty for Payroll and Accounts Payable DISCUSSION The CIty of Lake Elsmore currently relIes on an IBM Dot Matnx Pnnter for prmtmg Payroll and Accounts Payable checks Mlgratmg the check pnntmg process to laser pnnters WIll reduce dependency on old technology and mcrease secunty Two (2) compames were solICIted for Laser Check WntIng mformal bIds Payformance and ACOM submItted quotes and were evaluated ACOM was selected because of seamless mtegratlOn wIth our HTE system whIch adds an addItIOnal layer of secunty to the check wntmg process A sIte VISIt by Fmance and IT to the CIty of Chmo HIlls to vIew a sImIlar mstallatIon confirmed thIS vendor solutIon IS hIghly compatIble wIth HTE system reqUIrements FISCAL IMPACT The fiscal Impact to the CIty to purchase the ACOM solutIOn IS $11,931 00 The mltIal software purchase IS $495 00 The DeSIgn ServIces, Trammg, and Software Mamtenance purchase IS $370900 The Xerox MICR pnnters, SIgnature Secunty Agenda Item No \ \ PageLof -::, Card Systems and FlfSt Year Pnnter Mamtenance purchase IS $7,72700 The cost was budgeted for m the FY 2006 2007 InformatIOn Technology budget While two bids were obtamed It IS the best mterest of the City to Waive mformal blddmg reqUirements and use the ACOM solutIOn to reduce cost mcrease pnntmg reliabIlity and provide additional check prmtmg secunty RECOMMENDATION Authonze the City Manager (or designee) to execute a purchase order for the purchase of the ACOM Secure Laser Check Pnntmg SolutIOn PREPARED BY MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER APPROVED FOR AGENDA BY Agenda Item No \ \ PageLo[ S >-Ul", -"'C:N Ul 0 N m+:io:;t Ul.=! -o~ 0.. 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"C ~ ~ "' ~ , cr B '" " Ol '" a. . c 2 c . :;; .:::'-roro cucuC)C) c)0lQ)Q) Q)Q)-J-l ...J...J",i::: i:::i:::CiiQ) Q)Q)== ==Q)Q) Q)Q)...J-l ...J-l 'C' 'C''C''C':::I :::I :::I :::I 0 ooor€: <E<E<Eo 0000 0000 000'1"'"" 10......0>'1"'"" 1U1U1ii1U "C"C"O"C Q) Q) IV IV 16161616 ... ~ .... ... ---- OOClN 1Il00MI.O 1.0000 C'I"'""C\lC\IC\I 00000 ..t:iLLLLLLLL OQ.G:i G:i (jj G:i "C"C"O"C o 0 0 0 :u::;;::;;::;;::;; ii~~~~ (L) <<l <<l <<l <<l en IV Q.l IV Q.l _cncnCf)Cf) ~~~~~ (L):::I:::I::::I :::I "C (I') (I') cn (I') _ cn (I') (I') (I') LLO~~~~ a.. a.. a.. a.. AGENDA ITEM NO t \ PAGE '-I OF 5 >-"'U"> -"'eN '" 0 N Qj+:;..q- If.I~+-, 0: 0 x c:(/)Woo o ~ CCHR-EA- "'a'" ~u~ <1:..... '" '" a a ro ~ W W :I: III 1/1 lil: U a:: o 0 ~ 3: N I:) W Z U il2 ~ aU"> u">o> tOU"> ..~ .. 00 '0 Q) ~ 13 ltl Q) ;>, Q) o o .t:: 0. Q) '" ::> ltl 0. o 5 ltl (; ;>, Q) > e o () 5 0. 5 o ,s ~ (; ;>, Q) > e o ~U Q) '" to "'~ 0_ ...., ltl ~ e Q) 0 0.-" ltl 0. 0.0 ~ ell OJ ell III i:: ell "C (5 ll.. .s:: .... i .. E J!l 1/1 >. 1/1 .. .E "C ell "C I: ell E E o u 2! ... ell ell Cl J!l Cl I: 0 .., ll! ... C'Cl ell ;:, Q. Cl C'Cl fl~ 1:- eS .. I: o C'Cl 't: .. ell C'Cl ~ ;:, a::Cl () I: _ 0 ~ti a::J!! ~2 > C'Cl a:~ ::> C'Cl 00 ll..1- ... .. ;:, ;:, o 0 ell ell ell ell 1/1 1/1 ell Cll 1/1 1/1 C'Cl C'Cl ell ell ii:ii: AGENDA ITEM NO PAGE f:' M Q) '" ltl 0. \ \ OF.5 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MA YOR AND CITY COUNCIL FROM BARBARA ZEIn LEIBOLD, CITY ATTORNEY DATE FEBRUARY 27, 2007 SUBJECT REQUEST FOR APPROVAL OF A RESOLUTION OF NECESSITY AND AUTHORIZATION TO COMMENCE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE REAL PROPERTY NECESSARY FOR THE IMPROVEMENT OF NICHOLS ROAD BACKGROUND One of the condItIOns of approval to the AlberhIlI SpeCIfic Plan requIres that Castle & Cooke AlberhIlI Ranch LLC Improve NIchols Road to the west of the 1-15 freeway as a CIrculatIOn Element urban artenal ("NIchols Road Improvements") The configuratIOn of Nichols Road as deSIgnated In the SpeCific Plan cuts through several pnvately owned propertIes Castle & Cooke owns most of the propertIes necessary to complete the NIchols Road Improvements WIth the exceptIOn of five vacant undeveloped parcels abuttIng MendIan Street (the' Mendlan PropertIes') NegotIatIons for the acquIsItIon by Castle & Cooke of the Mendlan PropertIes were unsuccessful AccordIng to the SubdIVISIon Map Act, when a CIty Imposes a condItIOn of approval on a project requmng constructIOn of off sIte Improvements on land that the project applIcant does not own and IS unable to acqUIre, the cIty must eIther (I) acquIre the property necessary to construct the off sIte Improvements or (2) WaIve the condItIOn In August of 2006, the CIty CouncIl dIrected staff to begIn negotIatIOns WIth the property owners to acqUIre the Mendlan PropertIes Based on that dIrectIOn staff prepared and transmItted a NotIce ofDecJSJon to AppraIse to all four of the Mendlan Property owners Once the appraIsal of propertIes was complete staff conveyed offers to purchase each of the Mendlan PropertIes for the full appraIsed pnce Purchases were negotIated for all but one of the five Mendlan PropertIes Staff was unable to negotIate a purchase of Assessor s Parcel Number 389 100 015 (the FrymIre Lot ), whIch IS owned by DaVId L FrymIre and Margot M FrymIre (the AGENDA ITEM NO PAGE \ :2\ OF ~ REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 2 OF 4 Frymlres ), and which IS more particularly descnbed In Exhibit "A ' to the ResolutIOn of Necessity Because the City has been unable to acqUire the Frymire Lot by negotiated purchase It Will be necessary to acqUire that property by eminent domain DISCUSSION The property that IS the subject ofthe requested ResolutIOn of Necessity IS the Frymire Lot The precise legal descnptlOn of the Frymire Lot IS attached to the proposed ResolutIOn of Necessity as Exhibit 'A" In order to commence eminent domain proceedings, the City Council must adopt by a two thirds maJonty a resolutIOn of necessity The resolutIOn of necessity would establish the follOWing facts (I) The public Interest and necessity reqUire the Nichols Road Improvements, (2) The Nichols Road Improvements are planned or located In the manner that Will be most compatible with the greatest public good and the least pnvate Injury, (3) the Frymire Lot IS necessary for completIOn of the Nichols Road Improvements, and (4) the offers reqUired by Government Code Section 7267 2, If reqUired at all, have been made Public Interest and Necessltv Nichols Road Improvements are necessary to accommodate eXisting and projected growth The roadway Improvements and realignment of Nichols Road through the Mendlan Properties are necessary to safely design the road taking Into account topography, density, and surrounding uses LocatIOn and Planmng Currently the subject portIOn of NIChols Road IS an unmarked dirt road Several tentative tract maps have been approved for a substantial number of acres along Nichols Road Those tract maps have been conditioned to provide street Improvements to Nichols Road to convert It from a dirt road to an urban artenal Based on the City Engineer s review and analYSIS the eXisting alignment of the dlft road poses safety concerns related to blind curves, non-traditIOnal T- intersectIOns and topography constraints The realignment and Improvements of Nichols Road will prOVide the safest alternative configuratIOn With the least amount of disruptIOn to nelghbonng property owners ACENDA ITEM NO PACE Q .2\ - OF 'i?" REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 3 OF 4 The City Has Negotiated to Purchase the Property Government Code SectIOn 7267 2 reqUires the City to make a good faith offer of just compensatIOn and to attempt to acqUire the property through a negotiated purchase The City made a good faith offer to purchase the Frymire Lot for $62,100 based on an approved appraisal The Frymlres rejected the City'S mltlal offer and mdlcated that they would accept $138,100 for purchase of their lot, which was based on an mdependent appraisal of the property The Frymlres' posItion IS that the lot was undervalued and that the City s purchase pnces should be suffiCient to allow the Frymlres to recoup lost profits that they could have gamed on the property had the City deCided not to reahgn Nichols Road The Frymlres mdependent appraisal was based upon comparable sales of lots that were developed With manufactured homes The Frymlres beheve that they should be compensated for the mcrease m value of the lot from the time that they purchased the lot m May of2006 to the date of the City'S offer m December of 2006 Staff disagrees With the Frymlres method of valuation and does not beheve that an appraisal companng vacant land to land that IS developed proVides the most accurate reflectIOn of what the lot IS worth at the time of valuatIOn Nevertheless, Staff presented the Frymlres request to the City CounCil for conSideratIOn After much dehberatlOn the City CounCil reVised ItS offer to the Frymlres to $70,000 The Frymlres rejected thiS offer as well Because the City has been unable to negotiate a reasonable purchase pnce for the Frymire Lot With ItS owners, acqUisitIOn by emment domam IS necessary As mentIOned above, staff successfully negotiated purchases of four of the Mendlan Properties FISCAL IMPACT In additIOn to the $70 000 offered purchase pnce, the City Will become obhgated to pay htlgatlOn expenses to prosecute an emment domam actIOn The htlgatlOn budget IS extremely difficult to predict and Will depend on a variety of factors AGENDA ITEM NO PAGE :; c4\ 0.. ~ REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 4 OF 4 RECOMMENDATION That City Council approve ResolutIOn No 2007- .Q~ authonzmg commencement of emment domam proceedmgs for the Frymire Lot PREPARED BY BARBARA ZEID LEffiOLD, CITY ATTORNEY APPROVED FOR AGENDA BY ACENDA ITEM NO .2\ PACE~CF _ 'ir RESOLUTION NO 2007-d'; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQmRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE WHEREAS, the City of Lake Elsmore ("City") has conditioned Castle & Cooke Alberhlll Ranch, LLC to Improve Nichols Road as an urban artenal consistent With the City'S approved CirculatIOn Element and consistent With the Alberhlll Ranch SpecIfic Plan (the "ProJect"), and WHEREAS, Nichols Road Improvements are necessary to the development of an urban artenal that can accommodate anticipated growth and resultmg automobile traffic m the surroundmg area, and WHEREAS, the City IS authonzed to acqUIre property for street Improvement purposes by statutes mcludmg, Without lImitatIOn, Government Code Section 37350 5, and WHEREAS, the parcel IdentIfied m Exhibit "A' (the 'Property") IS necessary because the safest, most direct configuratIOn of the road way cuts directly through the Property, and WHEREAS, the locatIOn purpose, and extent of the proposed acqUIsitIOn of the Property conforms With the City'S General Plan, and WHEREAS, all persons whose names and addresses appear on the last equalIzed assessment roll for the Property were given notice of the mtentIOn of the City CouncIl to adopt a ResolutIOn of NeceSSity and to direct the mstItutIOn of emment domam proceedmgs and mformmg them of their nght to be heard on thiS matter pursuant to Code of CIvil Procedure Section 1245235 and WHEREAS a publIc heanng was held by the City Council on February 27 2007, at which the matters set forth above and m Code ofClvll Procedure SectIOn 1240030 were discussed mcludmg the followmg matters (a) whether the publIc mterest and necessity reqUIre the acquIsitIOn of the Property (b) whether the Project IS planned or located m the manner that Will be most compatible With the greatest publIc good and the least pnvate mJury (c) whether the Property IS AGENDA ITEM NO ~ \ PAGE IQ OF "if' CITY COUNCIL RESOLUTION NO 2007-_ PAGE20F4 necessary for the ProJect, and (d) whether an offer of Just compensatIOn pursuant to Government Code SectIOn 7267 2 has been made to the owners of record NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The above RecItals are true and correct and are mcorporated herem SECTION 2 The Property IS located wIthm the CIty of Lake Elsmore The acquIsItIOn of the Property IS for the followmg pubhc use the constructIOn and Improvement of NIchols Road as a cIrculatIOn element urban artenal The CIty IS authonzed to acqUlre the Property pursuant to the Emment Domam Law SECTION 3 On the baSIS of the mformatIOn contamed m that certam staff report to the Mayor and CIty CounCIl dated February 27, 2007 whlCh IS mcorporated herem by reference, and all other wntten and oral eVIdence and testimony presented to the CIty CounCIl, the CIty CounCIl declares, finds and determmes that 1 The pubhc mterest and necessIty reqUlre the proposed Project Improvements to NlChols Road are necessary to accommodate eXIstmg and projected growth 2 The Project IS planned or located m the manner that WIll be most compatible WIth the greatest pubhc good and the least pnvate mJury Currently, the subject portIOn of NlChols Road IS an unmarked dIrt road Several tentative tract maps have been approved for a substantial number of acres along NIchols Road Those tract maps have been condItioned to provIde street Improvements to NIchols Road to convert It from a dIrt road to an urban artenal Based on the City Engmeer s reVIew and analysIs the eXIstmg ahgnment of the dIrt road poses safety concerns related to blmd curves non-tradItIOnal T mtersectIOns and topography constramts The reahgnment and Improvements of NIchols Road WIll provIde the safest alternative configuratIOn WIth the least amount of dIsruptIOn to nelghbormg property owners ACENDA ITEM NU q \ PAce----LL-OF ~ CITY COUNCIL RESOLUTION NO 2007- PAGE30F4 3 The Property IS necessary for the project If the City IS unable to acqUire the Property, the Project will be stymied because the Property lies m the middle of the proposed road alignment 4 The offer required by SectlOn 7267 2 of the Government Code has been made to the owners of record based on an approved appraisal The City s Imtlal offer to the owners of record was for the full appraised value of the vacant lot $62,100 The owners of record rejected the City'S mltlal offer and mdlcated that they would accept $138,100 for purchase oftheu lot After much deliberatlOn, the City Council revised ItS offer to the owners of record for $70,000 The owners of record rejected thiS offer as well SECTION 4 The City IS hereby authonzed and empowered to acqUire by condemnatlOn the fee title to the Property SECTION 5 The City Attorney or speCial counsel retamed for such purpose ("Special CondemnatlOn Counsel") IS hereby authonzed to prepare and prosecute m the name of the Clty, such proceedmg or proceedmgs m the proper court havmg jurlsdlctlOn thereof, as are necessary for such acqulSltlOn, and to prepare and file all pleadmgs, documents, bnefs, and other mstruments, and to make such arguments and to take such actlOns as may be necessary m their opmlOn to acqUire the real property The City Attorney and Special Condemnatlon Counsel are specifically authonzed to take whatever steps and/or procedures are available to It under the Emment Domam Law SECTION 6 ThiS Resolution shall take effect from and after the date of ItS passage and adoptlOn ACENDA ITEM NO PACE ., .2\ OF "if' CITY COUNCIL RESOLUTION NO 2007- PAGE40F4 PASSED, APPROVED AND ADOPTED thiS 27th day of February 2007, by the followmg vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee, Mayor City of Lake E1smore ATTEST Michelle Soto, Deputy City Clerk City of Lake Elsmore APPROVED AS TO FORM Barbara Zeld Leibold, City Attorney City of Lake Elsmore AGENDA ITEM 1>0 PACE q ~\ OF ~ / ~ ORDINANCE NO l.lo3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING APPLICABLE CHAPTERS OF THE LAKE ELSINORE MUNCIPAL CODE (LEMC) BY MODlFING CHAPTER 1748 (C-2, GENERAL COMMERCIAL DISTRICT) TO ALLOW 'CARD ROOMS' AS A CONDlTONAL USE, SUBJECT TO A CONDITONAL USE PERMIT WHEREAS, Ted Kmgston, Lake Elsmore Hotel & Casmo, filed an applIcatIOn, to amend Chapter 1748 (C 2, General CommercIal DIStrICt) to allow 'Card rooms' as a condItIOnal use subject to a CondItIOnal Use PermIt, and WHEREAS, a NegatIve DeclaratIon has been prepared for the project pursuant to the requIrements of the CalIfornIa EnvIronmental QualIty Act (CEQA) SectIOn 15070, descnbmg the reasons that the proposed zomng code text amendment WIll not have a sIgmficant effect on the enVIronment and do not reqUIre the preparatIOn of an envIronmental Impact report, and WHEREAS, Secnon 17 84 050 of the LEMC snpulates that the CIty CounCIl shall make a final determInatIOn on a Zomng Ordmance text amendment, and WHEREAS, publIc notIce of the applIcanon has been gIVen and the CIty CounCIl has conSIdered eVIdence presented by the CommunIty Development Departlnent and other mterested partIes at a publIc heanng held WIth respect to thIS Item on February 13,2006 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS SECTION 1 The CIty CounCIl has conSIdered the proposed Zomng Code Text Amendment The City CounCIl finds and determInes that an ImtIal Study was completed to analyze the potentIal enVlronmentallmpacts of the proposed project The ImtIal Study concluded that the proposed AGENDA ITEM NO M;"..-- PAce--L-oF_=" __ CITY COUNCIL ORDINANCE NO PAGE 2 OF 4 Zamng Cade Text Amendment wauld have na sIgnIficant envIronmental Impacts SECTION 2 That m accardance WIth State Plannmg and Zamng law and the LEMC, the CIty CauncIl makes the fallaWIng findmgs far appraval afText Amendment Na 2006 04 I The propased Text Amendment ta the CIty'S ReVIsed Landscape Ordmance WIll a Not be detnmental to the to th~ health safety comfort or the general welfare of the persons worlang or residing Within the City In that the reVISIOns are proposed to allow card room as a conditIOnal use subject to a ConditIOnal Use Permit b Not be IrljurlOUS to property or Improvements Within the City because the proposed amendment to allow card rooms and assoczated uses Will assist In enhanCing property values and resale values for busznesses that have card rooms and assoczated uses zn that they are permitted as a conditIOnal use and subject to a ConditIOnal Use Permit In cOrljunctlOn With SectIOn 528 (Cardrooms) of the Lake Elsznore Munzclpal Code (LEMC) 2 The proposed Zonzng Code Text Amendment IS consistent With the General Plan as the proposed changes to Chapter 17 48 (General Commerczal Dlstnct) IS consistent With the General Plan General Commercial deSignatIOn Furthermore Table III-5 (General Plan/Zonzng Compatlbllzty Matrzx) indicates that C-2 (General Commerczal Dlstnct) IS a zone that IS compatible With the General Commercial General Plan deSignatIOn It should be noted that the proposed reVISIOn to Chapter 1748 (C-2 General Commerczal Dlstnct) Will not inhibit the Implementatzon of approprzate deSign standards as set forth In the Communzty Design Element of the General Plan SECTION 3 That Chapter 17 48 030(H) IS hereby amended as fallaws Chapter 17 48 030(H) Other 1:lses that the Plannffig CemnHSSIeH fiNds by reGOI1:ltlOn to be III accord WIth the purpase ef tRiG Chapter Bflcl hanng charactenGtIes SImIlar te those ACENDAITEMNO~ PAGE ~ ~~ CITY COUNCIL ORDINANCE NO PAGE 3 OF 4 ases lISted 1R tms SeetlClFl LA. lIst ef these 1:l8eS shall be mal.fl..tamea IF! the PlarmIF!g DIYISIeFl fef future refereRee (H ) Card rooms, or any other estabhshment associated with card playmg as may be permitted under the provIsions of Section 330 of the Penal Code of the State of CalIforma Chapter 17 48 030(1) (I ) Other uses that the Planmng Commission finds by resolution to be m accord with the purpose of thiS Chapter and havmg characteristics similar to those uses hsted m thiS SectIOn A hst of these uses shall be mamtamed In the Planmng DIVISIOn for future reference SECTION 3 SEVERABILITY If any provlSlon, clause, sentenee or paragraph of thIS Ordmance or the applIcatIOn thereof to any person or CIrcumstance shall be held mvalId, such mvalIdIty shall not affect the other prOVISIons of thIS Ordmance and are hereby declared to be severable SECTION 4 EFFECTIVE DATE ThIS Ordmance shall take effect on February 27, 2007 or such later date that IS thIrty (30) days after the date of ItS final passage The CIty Clerk shall certIfy as to adoptIOn of thIS Ordmance and cause tills Ordmance to be publIshed and posted m the manner reqUIred by law INTRODUCED AND APPROVED UPON FIRST READING thIS 13th day of February, 2007, by the followmg vote AYES COUNCILMEMBERS BUCKLEY KELLEY SCHIFFNER. MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS HICKMAN ABSTAIN COUNCILMEMBERS NONE AGENDA ITEM NO 3\- ,",PAGS ~ ~ CITY COUNCIL ORDINANCE NO PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED UPON SECOND READING 2007, upon the followmg roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee, Mayor CIty of Lake Elsmore ATTEST Predenck Ray, CIty Clerk CIty of Lake Elsmore APPROVED AS TO FORM Barbara ZeId LeIbold CIty Attorney CIty of Lake Elsmore AGENDAITE'1\O ~q~__ '\. PAGE OF V, ORDINANCE NO \(7.10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO 2006-10 TO RE- ZONE THE PROPERTIES LOCATED AT 20930, 20970, AND 2100 MALAGA ROAD FROM (C-l) NEIGHBORHOOD COMMERCIAL TO (C-2) GENERAL COMMERCIAL WHEREAS, Ted Kmgston, Lake Elsmore Hotel and Casmo, subnutted an applIcatIOn for Zone Change No 2006-10 to change the zomng desIgnatIon for propertIes located at 20930 Malaga Road (APN 365-040-016), 20970 Malaga Road (APN 365-040003), and 21000 Malaga Road (APN 365-040-011) from C-l (NeIghborhood CommerCial DlStnCt) to C 2 (General CommercIal DlStnCt) (the "Zone Change') The three (3) subject lots totalIng approXImately 9 61 acres are generally located at the northwest comer of Malaga Road and Casmo Dnve, and WHEREAS, the Plannmg ComnussIOn of the CIty of Lake Elsmore at a regular meetIng held on January 16, 2007 made ItS report upon the desrrabllIty of the proposed project and made ItS recommendatIons m favor of saId Zone Change No 2006 10 by adoptmg Plannmg ComnussIOn ResolutIOn No 2007-16 recommendmg to the CIty Counctl approval of Zone Change No 2006-10, and WHEREAS, publIc notIce of saId applIcatIOn has been gIVen, and the CIty CounCIl has conSIdered eVIdence presented by the Commumty Development Department and other mterested partIes at a publIc heanng held WIth respect to thIS Item on February 13 2007, NOW THEREFORE, the City CouncIl of the City of Lake ElSInore DOES HEREBY ORDAIN as follows SECTION 1 The CIty CounCIl has conSIdered the proposed Zone Change No 2006-10, pnor to makIng a deCISIOn to approve the proposed amendment to the Land Use DeSIgnatIon and establIsh a Zonmg DeSIgnatIon The CIty CounCIl finds and detenrunes that NegatIve DeclaratIon No 2006 08 IS adequate and prepared m accordance WIth the reqmrements of the CalIfornia EnVIronmental QualIty Act (CEQA) WhICh analyzes enVIronmental effects of the proposed project and recommends CIty Counctl certIficatIOn, based upon the followmg findmgs and detenrunatIons AOENDAITEM NO ~_ ,-PAOE \~- CITY COUNCIL ORDINANCE Page 2 of 4 SECTION 2 That m accordance wIth State PlallDmg and Zomng law and the CIty of Lake Elsmore, the followmg findmgs for the approval of Zone Change No 2006-10 have been made as follows 1 The proposed zone change Wlll not be, a) detnmenta1 to the health, safety, comfort or general welfare of the persons resIdmg or workmg wItmn the neIghborhood of the proposed amendment or wIthm the CIty, or b) mJUflOUS to the property or Improvements m the neIghborhood or wIthm the CIty The Zone Change has been analyzed by all City departments relative to Its potential to be detrzmental to the health safety comfort and welfare of the persons resldmg or worlang wlthm the neighborhood of the proposed amendment All comments made by the varIOus CIty departments have been Incorporated Into the project entitlements as conditIOns of approval Specific conditIOns related to installatIOn and maintenance of landscaping street dedicatIOns regulatIOns of pOints of vehicular Ingress and egress on- site vehicular clYculatlOn and nUisances were Integrated In order to eilmlnate any negative Impacts to the surrounding neighborhoods and the CIty 2 The proposed actIOn Wlll be conSIstent WIth the Goals, ObJectIves, and PohCles of the General Plan and the development standards estabhshed WIth the Lake Elsmore MunICIpal Code (LEMC) The Zone Change which Will re-zone the subject properties from their current zomng deSignatIOn of C-I (Neighborhood Commercial Dlstrzct) to C-2 (General Commercial Dlstrzct) IS consistent With the goals objectives and pohcles of the General Plan The General Plan deSignatIOn General Commercial IS Intended to provide for a Wide range of retml and service actiVities mcludlng department stores restaurants hotels theaters offices and speclahzed services Furthermore Table 111-5 (General Plan/Compatlblhty Matrzx) indicates that the C-2 (General Commercial Dlstrzct) deSignatIOn IS a zone that IS compatible with General Plan deSignatIOn General Commercial The Zone Change IS consistent with the General Plan deSignatIOn General Commercial m that ItS Intent IS to reserve approprzate locations consistent with the General Plan deSignatIOn General Commercial and to accommodate a full-range of retml stores offices personal and bUSiness AGENDA ITEM NO ~__ ~'AOE_<;;;Q... _OF_"t~I_ CITY COUNCIL ORDINANCE Page 3 of 4 service establlshments offermg commodities and services scaled to meet the needs of the residents and entire CIty SECTION TWO ZONING RECLASSIFICATION TIns Zomng Map of the CIty of Lake Elsmore, CalIforma, IS hereby amended by changmg, reclassIfymg and rezonmg the followmg descnbed propertIes, to WIt The eXIstmg lots located at 20930, 20970, and 21000 Malaga Road, WhICh are generally located on the northwest comer of Malaga Road and Casmo Dnve Approval IS based on the followmg 1 The proposed Zonmg IS consIstent With the Goals, PolIcIes, and ObJectlves m the General Plan 2 The proposed Zonmg IS consIstent With the General Plan and the vanous land uses authonzed by the Ordmance are compatlble With the obJectIVes, polIcIes, general land uses, and programs specIfied m the Plan (Government Code Sectlon 65860) 3 Reasons why the CIty has consIdered the effect of Zonmg Ordmances on the regIOnal commercIal needs m willch the CIty IS located and how the City has balanced these needs agamst the publIc servIce needs of ItS resIdents and aVaIlable fiscal and enVIronmental resources (Govemment Code Sectlon 658636) SECTION 3 TIns Ordmance shall take effect tllirty (30) days after the date of ItS final passage The CIty Clerk shall certIfy as to adoptlon of tills Ordmance and cause thIS Ordmance to be publIshed and posted m the manner reqUIred by law INTRODUCED AND APPROVED UPON FIRST READING thIS 13th day of February, 2007, upon the followmg roll call vote AGENDA iTE~.!O _ ~~ PAGE .~ OF " . - CITY COUNCIL ORDINANCE Page 4 of 4 AYES COUNCILMEMBERS BUCKLEY KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS HICKMAN ABSTAIN COUNCILMEMBERS NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING thIS 27th day of March, 2007, upon the followmg roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert Magee, Mayor CIty of Lake Elsmore ATTEST Fredenck Ray, Deputy CIty Clerk APPROVED AS TO FORM Barbara ZeId LeIbold, CIty Attorney CIty of Lake Elsmore (SEAL) ACENOAITEMNO~ PAoe-B ,=OF E !- ORDINANCE NO 1211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING SECTION 208030 OF THE LAKE ELSINORE MUNICIPAL CODE CODIFYING REDEVELOPMENT AGENCY BOARD MEMBER COMPENSATION WHEREAS, the CIty Counctl by Ordmance 605-B adopted m 1980 has declared the need for a redevelopment agency to functIOn wIthm the CIty of Lake Elsmore ("CIty"), and WHEREAS, the CIty CouncIl has also declared Itself to be the govemmg board of the Redevelopment Agency of the CIty of Lake Elsmore and the members of the CIty CounCIl have served m the capaCIty of Agency Board members smce the Agency was actIvated, and WHEREAS, m accordance wIth the provIsIOns of CahfomIa Health & Safety Code SectIOn 331145, members of the Redevelopment Agency of the CIty of Lake Elsmore receIve compensatIOn of $30 per meetmg up to a maxImum of four meetmg a month for therr servIce as agency members, and WHEREAS, the CIty CounCIl desIres to COdIfy the Agency's compensatIOn by arnendmg sectIOn 2 08 030 of the Lake ElsInore MUllicIpal Code THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS SECTION 1 SectIOn 2 08 030 "Redevelopment Agency" of the Lake ElsInore MunICIpal Code IS hereby amended to add a new subsectIOn C as follows "C Redevelopment Agency members shall receIve $30 per meetIng up to a maxunum of four meetmgs a month as compensatIon for theIr servIces In addItIOn members shall receIve theIr actual and necessary expenses Incurred In the dIscharge of theIr dutIes" ~r 1 of ~ CITY COUNCIL ORDINANCE NO 1211 PAGE20F3 SECTION 2 If any provIsIon, clause, sentence or paragraph of thIS Ordmance or the applIcatIOn thereof to any person or cIrcumstance shall be held mvalId, such mvalIdIty shall not affect the other provIsIons of thIS Ordmance and are hereby declared to be severable SECTION 3 ThIS Ordmance shall take effect thIrty (30) days after the date of Its final passage The CIty Clerk shall certIfy as to adoptIon of thIS Ordmance and cause thIS Ordmance to be publIshed and posted m the manner requIred by law INTRODUCED AND APPROVED UPON FIRST READING thIS 13th day of February, 2007, by the followmg vote AYES COUNCIL:tv1EMBERS BUCKLEY KELLEY, SCHIFFNER, MAGEE NOES COUNCIL:tv1EMBERS NONE ABSENT COUNCIL:tv1EMBERS HICKMAN ABSTAIN COUNCIL:tv1EMBERS NONE PASSED, APPROVED READING thIS _ day of AND ADOPTED UPON SECOND ,2007, upon the followmg roll call vote AYES COUNCIL:tv1EMBERS NOES COUNCIL:tv1EMBERS ABSENT COUNCIL:tv1EMBERS ABSTAIN COUNCILMEMBERS Robert E Magee Mayor CIty of Lake Elsmore , ,3~ II Cf J>~ CITY COUNCIL ORDINANCE NO 1211 PAGE 3 OF 3 ATTEST Fredenck Ray, CMC, CIty Clerk CIty of Lake ElsInore APPROVED AS TO FORM Barbara ZeId LeIbold, CIty Attorney CIty of Lake ElsInore \o..1:i"'"""r ~ l"f-'"_-3 32"1 (jF~ ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER FEBRUARY 27, 2007 DATE SUBJECT COMMUNITY FACILITIES DISTRICT NO 98-1 (SUMMERHILL PUBLIC IMPROVEMENTS) - DEBT SERVICE REDUCTION BACKGROUND In 1991 CFD No 91 2 (SummerhIll PublIc Improvements) was formed and $12 I mIllIon m bonds were Issued to acqUIre certam publIc Improvements By the end of 1993 the State was suffenng from a receSSIOn, constructIOn had halted, and only 40 homes had been constructed There were $4 rrnllIon m delmquent taxes and the reserves had been depleted In 1998, as part of the work out, the CIty formed CFD No 98 I as an overlay to CFD No 91 2 The new CFD would payoff the 91 2 Bonds, payoff the delmquencles, replemsh the reserves, and fund addItIonal mfrastructure The new bonds could not be Issued untIl there was suffiCIent tax base, or developed propertIes, to support the taxes The 40 homes that eXIsted m 1998 were not a sufficIent tax base New home constructIon dId not begm agam untIl FY 2000 2001, and by FY 2002 2003 a total of 397 homes were bUIlt When homes were sold, the developer dIsclosed both the 91-2 and 98 I CFD s as reqUIred by law whIch mc1uded havmg the buyer physIcally SIgn that they read the dIsclosure document In February, 2003, the CIty Issued $17,660,000 III bonds m CFD No 98 I and m FY 2003 04 speCial taxes were assessed under CFD No 98 I for the first tIme causmg an I 1% mcrease m specIal taxes to property owners Dunng the same penod of tIme, CFD No 903 (North Lake Elsmore) went mto default The CIty negotIated a settlement WIth the property owners WItblll the CFD resultmg m a settlement payment of approxImately $2 5 rrnllIon to the CIty AGENDA ITEM NO~ PAGE / OFL REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 2 DISCUSSION The settlement momes from CFD No 90 3 could be used to offset the Increase In taxes to the property owners wIthIn CFD No 98 1 By placIng the funds Into an Invested SInkIng fund, CFD 98 I could realIze as much as a $5 nullIon reductIOn In debt servIce over tIme ThIS would equate to an average annual decrease In specIal taxes to the property owners of approxImately 12 5% over the lIfe of the bond Issue from what they would have paId The 2007-08 fiscal year's reductIon WIll be approxImately 10% However, each homeowner's specIal tax change from year to year wIll flucruate from that pOInt forward Attached are the Invested SInkIng fund calculatIons and the resultant reductIon In debt servIce payments to be covered by specIal taxes, as prepared by Rod Gunn ASSOCIates, the CIty s Bond FInancIal AdvIsor FISCAL IMP ACT Repayment of the bonds are secured by the specIal taxes leVIed on all property wlthm the dIStrICt, other than those propertIes that are exempt as provIded m the respectIve rate and method of apportIOnment There IS no Impact to the CIty or the Lake Elsmore PublIc FInancmg Authonty RECOMMENDATION It IS recommended that CIty CouncIl approve the Investment of the settlement momes mto a SInkIng fund and authonze the use of pnnclpal and Interest to reduce the annual specIal tax payment for property owners wIthIn CFD No 98 1 as the escrow Investments mature PREPARED BY ~~z:: MATT N PRESSEY DIRECTOR OF AD INISTRATIVE SERVICES APPROVED FOR AGENDA BY AGENDA ITEM NO ,~Y PAGE ;;l. OF ~ 'I -- - ESCROW CASH FLOW Invested SmkIng Fund 98 J Reduction Debt Service Present Value Net Escrow to 09/01/2007 Date Pnnclpal Interest ReceIpts @ 48801286/ 03/01/2008 6221623 6221623 60 734 27 09/01/2008 6221623 6221623 59 287 62 03/01/2009 6221623 6221623 5787542 09/01/2009 6221623 6221623 56 496 86 03/01/2010 6221623 6221623 55151 14 09/01/2010 4 404 00 6221623 66 620 23 57648 38 03/01/2011 6211208 6211208 5246711 09/01/2011 5 549 00 6211208 67661 08 55 793 06 03/01/2012 6198168 6198168 49 892 44 09/01/2012 794700 61 981 68 69 928 68 54 948 63 03101/0013 61 79532 61 795 32 4740098 09/01/2013 13 341 00 61 79532 7513632 56261 57 03/01/2014 61 48247 61 48247 4494106 09/01/2014 1151900 6148247 73001 47 52 089 93 03/01/2015 61 21235 6121235 4263747 09/01/20 I 5 1708100 6121235 7829335 53 236 24 03/01/2016 60811 80 6081180 40 364 59 09/01/2016 3021300 6081180 91 024 80 58 979 70 03/01/2017 60 101 79 60101 79 3801547 09/01/2017 3931700 60 101 79 9941879 61 38632 03/01/2018 59177 84 59177 84 3566912 09/01/2018 50 336 00 59177 84 109513 84 64436 58 03/01/2019 57 987 39 57 987 39 33 306 36 09101/2019 63 067 00 57 987 39 12105439 67874 14 03/01/2020 5647694 5647694 3091186 09/01/2020 77 309 00 5647694 133 785 94 71 481 65 03/01/2021 54 602 20 54 602 20 2847898 09/01/2021 87 838 00 54 602 20 14244020 72 523 20 03/01/2022 52 458 95 52 458 95 2607319 09/01/2022 10301200 5245895 15547095 7543171 03/01/2023 4994031 4994031 23 652 99 09/01/2023 113 689 00 4994031 16362931 75 653 00 03/01/2024 4715493 4715493 21 28248 09/01/2024 12963200 4715493 17678693 77 888 89 03/01/2025 43 972 46 43 972 46 1891195 09/01/2025 14047500 43 972 46 18444746 77 438 75 03/0112026 40 523 80 40 523 80 1660833 09/0112026 15593900 40 523 80 19646280 78 600 68 03/01/2027 3668770 36 687 70 1432836 09/0 I 10027 17063000 36687 70 20731770 79 039 23 03/01/2028 32490 20 32 490 20 12091 74 09101/2028 18280700 32490 20 21529720 7821769 03/01/2029 28 002 29 28 002 29 993094 09/01/2029 19824000 28 002 29 226 242 29 78 325 06 03/01/2030 23 14541 23 14541 7 822 07 09/01/2030 211 433 00 2314541 23457841 77 388 30 03/01/2031 17 975 87 1797587 5 789 05 09/01/2031 226 938 00 17 975 87 244913 87 7699472 ] b 1:) "'007 10 28 am Prepared by Rod Gunn ASSOCiates ACENOA ITEM NO. ,-3-! PAGE.3 '(Sri (p ESCROW CASH FLOW Invested Smkmg Fund 98 I ReductIon Debt Service Date Present Value Net Escrow to 09/01/2007 Prmclpal Interest ReceIpts @ 48801286/ 1243858 1243858 381723 24421900 1243858 256657 58 76 888 60 6491 85 6491 85 1 898 48 267 705 00 6491 85 27419685 7827637 2 552 640 00 2471 34580 5 023 985 80 2 552 640 00 03/0\/2032 09/01/2032 03/01/2033 09/01/2033 Escrow Cost Summarv Purchase date Purchase cost of secuntles 09/01/2007 2 552 640 00 Target for YIeld calculation 2 552 640 00 FbI) 2007 10 28 am Prepared by Rod Gunn ASSOCIates AGENDA ITEM NO :3-+ PAGE..i....:l'W ~ ESCROW COST Invested Smkmg Fund 98 I ReductIon Debt ServIce Type of Matunty Par Total Secunty Date Amount Rate Cost SLG 09/01/2010 4404 47301 4 404 00 SLG 09101/2011 5549 47001 5 549 00 SLG 09101/2012 7947 46901 794700 SLG 09101/2013 13341 46901 1334100 SLG 09/01/2014 11519 46901 11 51900 SLG 09101/2015 17081 46901 17 081 00 SLG 0910112016 30213 47001 30213 00 SLG 09/0112017 39317 47001 3931700 SLG 09101/2018 50336 47301 5033600 SLG 09/01/2019 63 067 47901 63 067 00 SLG 09/01/2020 77 309 4 8501 77 309 00 SLG 09/01/2021 87 838 48801 87 838 00 SLG 09/01/2022 103012 4 8901 103012 00 SLG 09/01/2023 113 689 49001 113 689 00 SLG 09101/2024 129 632 49101 12963200 SLG 09101/2025 140475 49101 14047500 SLG 09101/2026 155939 49201 15593900 SLG 09101/2027 170 630 49201 170 630 00 SLG 09/01/2028 182 807 49101 18280700 SLG 09/01/2029 198 240 49001 19824000 SLG 09101/2030 211 433 48901 211 433 00 SLG 09101/2031 226938 48801 226 938 00 SLG 09101/2032 244219 48701 24421900 SLG 09/01/2033 267 705 4 8501 267 705 00 2 552 640 2 552 640 00 Purchase Cost of Cash Total Date SecuntJes DepOSit Escrow Cost Yield 09/01/2007 2 552 640 046 2 552 640 46 48801291 2 552 640 046 2 552 640 46 Fcb 152007 I028am Prepared by Rod Gunn Associates AGENDA ITeM NO PAGE 6LL- 5 of~ .... ex) 0) - u ~ c Uj..!!! en. tIl 5 QI.;:: -2 u :::l U"C ~ QI LLll::: >-- '!::,C C QI :::le E E o u Q)'" Cl~ "'~ .. 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'" '" 0 ~ "I '" '<t '" <0 ~ "''''0 ~ "I '" '<t '" <0 ~ '" '" 0 ~ "I '" U '" 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "I "I "I "I "I "I "I "I "I "I '" '" '" '" III Q) ~ '" '" 0 ~ "I '" '<t .;, <0 ~ co '" 0 ~ "I '" '<t '" <0 ~ '" '" 0 ~ "I ii: > 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "IN "I "I "I "I "I "I "I "I '" '" '" 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 "I "I "I "I "I "I "I "I "I "I "I "I "I "IN "I "I "I "I "I "I "I "I "I "I "I AGENDA ITEM NO 3~ PAGE~OF~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT SUB-COMMITTEE RECOMMENDATIONS FOR PUBLIC SAFETY ADVISORY COMMISSION APPOINTMENT BACKGROUND With the resignatIOn of Commissioner William Arnold III last fall, the Public Safety AdVISOry CommissIOn currently has one vacant seat It IS necessary to appomt a new volunteer Commissioner to fill thiS unexpired term through June 30, 2009 The City Council accepted the resignatIOn of CommissIOner Arnold at a special meetmg on November 9,2006 Followmg a notice of vacancy, the City Council directed a sub-committee to review the Public Safety AdVISOry Commission applicant's list, mtervlew prospective appomtees and provide a recommendatIOn to the City Council DISCUSSION Followmg mtervlews With eight applicants, the sub committee selected two finalists whom It feels are equally qualified to serve on the Public Safety AdVISOry CommissIOn Ms Don Dixon Mr Shawn Bhutta Their applicatIOns have been provided for review and diSCUSSIOn Based on past practice, appomtment to the PSAC IS contmgent on background screemng results L ACENDA ITEM NO PACE ) 35 OF --3--- REPORT TO CITY COUNCIL FEBRUARY 27, 2007 RECOMMENDATION Select and appomt one applicant to complete the unexpired term vacancy on the Public Safety Advisory CommissiOn through June 30 2009 PREPARED BY LP);('M &.}o MICHELLE SOTO, DEPUTY CITY CLERK APPROVED FOR AGENDA BY L_ ACENDA ITEM NO _?J::: PACE '2 ~ RECEIVED CITY OF v~ 6 ~ NOV 2 2 ZOO LAIZ.B OLSINOF.,J: CI FY OF LA,,-E ELSIi'<ORE \ U, CITY CLERKS OFFICE 1,0 SOUTH I\\AIN STrEl:T ~ DREAM EXTREME lAkF EL,II'JORE CA 92)30 v lJ)Il17-1- ,124 APPLICATION & STATEMENT OF Q!JALIFICATIONS FOR SERVICE ON THE CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION The City of Lake Elsinore Public Safety Advisory Commission consists of five members who shall not be offiCials or employees of the city and shall legally reside within the city limits of the City of Lake ElSinore or be the owner of a business that IS established and currently licensed inside the city Iimts (LEMC Section 2 24020) Members are appointed to four year staggered terms by the Mayor with the approval of a majority of the City Council PLEASE TYPE OF COMPLETE IN INK (YOU MAY ATTACH A SEPARATE SHEET FOR ADDITIONAL INFORMATION) Applicant Information [)t'IEA) Last Name Y\f) MI rot2-l First Name Lake ElSinore California t1.Z.SW Zip Code (-) (-) Work Phone Home Phone Length of reSidency In Lake ElSinore lrP 'ItlS Length of reSidency In California ~ Education Highest grade completed f .0 Ll..v(qf"_ (:1MD ,j Schools attended t~),f Name U~ t;iame U~<:)~ (}nA5::-i tou.-VL.t~ f\jp me .ef2f11]\ m \C-LDf\ 1,-\1 {",Ii ~l.- Name ~*L (Jt)l..t~.t1v-_ 'b1)JlJ) \1)L1.-Y~K)) LA Address City State Zip ~~I(~ Address {i City State Zip ()~lA iV)y: ...hl\. (A Address City State Zip H>q(2.\J 1(,'A0 W b f (li';,1I M~ r'A Address City State tiP ACENDA ITEM.,NO ~ PAGE:::' OF--3- Degrees or Certificates attained ~j.J)tL. of hNE Af4S) 6w/:ht:- l)ESlb10 IJLUl~:ir72.-mlD.. ') ~~~~ 1~:,)~~~~_L?~CA1>.VP^ Iq(20V,Jb JrJf>rlWLrr>f2. (l;;jLnFi{Arv~ \-h\'YY\ /2.%10 l.-1~SE.- Work Experience (Beginning with current or last position) bl2ni'ltzC-- J)?Y",(21'\f)t J~,){ ()W~-/ fIXI1 h'l , Employer Position PI2Aa1c..t. p.,\)IUJ~ N,v.-Mj (!Llv..NI ~od ~ Employer Position ~ ()r;;-A1~12- 1'-.ll1'......0'S bMPI-hL.- ~Jf:;I' Employer Position -- ---- From To ---- ------- From To --- -- From To Please list all past and present Community ServICe PartICipation ~~~j-~I~~~~I~~~~ ,D~~~~~~~:~r:~~~~~~'(L) References (local residents who are qualified to comment on my capabilities) Address I -- Phone -- Phone ....-- Phone ----- Phone [AJA.'JtJf- /Yi-0tJ Name f'tt,lrJi:-, 'I Y'YlA12:llA C. 2FA~IU Name M\ \i..e..- r'lc9l4U'::; Name 1LY..p..b '/ C J.A12. \L. Name Reasons for my Interest In serving on the lake ElSinore Public Safety AdVisory Commission ~ A ~1~.AlT ~ -l1DMF-DlA,^:ll;;~ I.) !All!' ~1~Uj;; I r ~v ~) 1\-W o"",u:r'l t>fC I.-Iff;; tnJTIOlil1-lD It'I'IPQvvf /J6 A i/l,v~,,,,~S',;::, a.<JAJI;.Q :r iWlF M\/',v.f'-. /,JTVQ.Vq,r Rl2.. ~ t " ~ 1\~~f'- ';> lJl.l-pNIJY-">. ot'l'lPllo*ArlV...,u,;...,. ^'tJ A 1\I\0I1e,~" IlF M-a'.9->, r ft?-1J/;: ('/lIoY.vfh,) I'M. ~"'I"'6?j 1tk< '-'WVL- f1iO j)P.AC>J.oJv~<:' -mIL, tJry j<-, lAPMI-" 01" ,tJ A I\I1It.\Oe. rchoV~-<F'~'VY f'>IlLll'\11",i), ;g;:~"- ne Vi<' P<-K. ' ""'~ H>,",~ ~ '~'''.v, ," '_0', PO.....Il.iI<-S .., OJ ntE~ t.-.,ol\-lh .^" m,.Jt::> II - J f)-()LD Sign ure Date " ~ "'.,) ~ Return completed application to CITY CLERKS OffICE CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE CA 92530 I I "I i I", \1 " AOENDA ITE~ ~O ~- PACE '-1 _OF..::::::E: yo=> CITY OF ~ LAKE 6LSI~ CLERKS OFFIGliYOF lAKE ELSINORE ~ 130 SOUTH MAIN STREET , I ~.~ DREAM E;(TREME lAKE ELSINORE CA 92530 951 6743124 ~ ~:~~n,~~ ~ APPLICATION & STATEMENT OF QyALIFlCATIONS FOR SERVICE ON THE CIlY OF lAKE ELSINORE PUBLIC SAFElY ADVISORY COMMISSION The City of lake ElSinore Pubhc Safety AdVisory CommiSSion consists of five members who shall not be offiCials or employees of the City and shall legally reside Within the city hmlts of the City of Lake ElSinore or be the owner of a business that IS estabhshed and currently licensed inSide the City hmts (LEMC Section 2 24020) Members are appointed to four year staggered terms by the Mayor With the approval of a majority of the City Councl' PLEASE TYPE OF COMPLETE IN INK (YOU MAY ATTACH A SEPARATE SHEET FOR ADDITIONAL INFORMATION) Applicant Information 13huH-tl Last Name JV1 MI S ha._l<.Jn First Name - - . . _ -'" . f . --~ - - - - ~-~" Lake ElSinore California q2--532 Zip Code Street Address I.) 1- Home Phone Work Phone Addres Length of reSidency In Lake ElSinore ~ Length of reSidency In Callfor -- Education Highest grade completed V\-r J Schools attended Address Name SLt>\4- Lol \ Name 'S \- ~v Name Address o ~k Address',;~,,\~ < , ~ City State,~ ACENOA ITEM NO ~ PACE ~ _o~ Name Degrees or Certificates attained BA-- ~\lbpJ tJlU-l.~SU~f\U- a,....A COIV'~d(, Sn(1Il\dT'rr:') 1V\b.- - l-AccJ+.. t::rll.cC'L-\1Vh ~::i - M.evXh E c!LU'\ ~ /Y'I n "'"' ~ M,.,.." I '" ,"; \-v-4k\ J r. Work Experience (Beginning with current or last pOSition) Lc<-'U l?\<;I{\/)/'t LL"J;e.J<::..Lv\ Plsl Employer RD"""h",'\ <;J.,.oul D\s..-\nd- Employer N"A-If<' \.Ax-"1--.,,lSJ-wJ b\'i.'r. Employer ,,^,..~ k,,\n..oIvr Position l-\r~ fu.~lA..U'tz,r Position tv\..k--. J7t\<;~,.. Position ---- -- From To ~--- From To --- ----- From To Please list all past and present Community Service PartiCipation :~:,( ;'~':d 2whLklV~G..} ?ifn~d.t~ ;jM\OLlS ~1V.\s (r.~ C<><y\('(\.u-",~ < *.v M.... lOt.t1lrL C; \::: v- I References (local residents who are qualified to comment on my capabilities) Je" ~~t- Name R"'....~\t,,.-v'^l^ Name If..\ 'u N ()(Ic.^ Name s.\c,v.e. \w cd \ Name t? " .. .^' 't,_ -;,I~,J_ ' ..'_..'_'~_> , --- - , 1> ~ ~ _' <. _" 1 '. " ,/ ,\ ~ ) . ,j , ( . ^ "------. - -- ' Address , s. ,j .~,. c/ '.- -;- Phone Phone ~ Reasons for my Interest In serving on the lake ElSinore Public Safety Advisory CommiSSion \et< e. \~jllIQI Date I " l __x,. 1\11"""'&"1 ~". ~'" If , Signature CITY CLERKS OFFlCE CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE CA 92530 ~4 Return completed application to ACENOA ITEM NO pll,CE (() .:2,C: - OF =::I:- Since Lake Elsinore IS now considered the fastest groWIng City In Rtverslde county and With the growth of a population safety concerns Jump to the forefront of concern. Safety has become an even more rmportant ISsue for me personally smce becommg a parent I am concemed not only for my clnld S safety but for the safety of all of the clnldren In Lake Elsinore As an educator In Cahforma for the past twelve years I work With students every day and feel thIS would be beneficial for a member of the Pubhc Safety AdVISOry CoIDID1SSlon Since I will be able to be aware of the young people of our commumty I can also relate to them and therr parents bec~"se of my posltlon In LEUSD I would be able to commumcate safety ISSUeS and concerns on my cantpus and beyond. I will be another set of "eyes and "ears for the City I also think that It IS necessary to create some programs that would promote safety for younger clnldren such as stranger danger and,the necessity and benefits of weanng a helmet wlnle b1kmg, skateboardmg etc The ktds need to be educated and there are programs out there that are eastly accessible and user thendly I am sure the school dtstnct would be Interested In rmplementtng such programs I also think that promotlng neighborhood watch COmmittees and calhng trees IS rmportant for the safety of the Lake Elsinore resulents. Promottng such groups can be accomphshed through HOA S PTA type organm.t1ons and local busmesses If I am fortunate enough to become a member of the Pubhc Safety AdVISOry CommiSSIOn, I would do what ever I could to promote such safety programs as well as others that would be benefiCial for the residents of Lake ElSinore My maIn strength IS research, and I will research what works In other communmes and bong them to Lake ElsInOre I reahze that becomIng a member of the Pubhc Safety AdVIsory Comml"8lon requrres dedication and commitment, and I am wtllmg to do what ever I can to help ACENDA ITEM NO .~~ PACE ""4- ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT RESOLUTION AUTHORIZING THE REFUNDING OF BONDS FOR COMMUNITY FACILITIES DISTRICT NO 90- 2 (TUSCANY HILLS PUBLIC IMPROVEMENTS) BACKGROUND On November 27 1990 the Governmg Board of the Redevelopment Agency of the CIty of Lake ElsInore adopted the necessary resolutJOns and ordmances formmg Commumty FaCIlitIes DIstrIct No 902 (Tuscany HIlls Public Improvements) (the Dlstnct ) and authonzmg the levy of a specIal tax On June 3 1999 the Dlstnct Issued ItS SpecIal Tax Panty Bonds, 1999 Senes A (the 1999 Bonds ) m the amount of $7 335,000 DISCUSSION Current law allows for the refundmg of bonds to take advantage of cost savmgs These savmgs result m a reduced annual debt servIce, thereby reducmg the annual specIal tax reqUIrement paId by the property owners wlthm the DIstrIct SpeCial Tax As a result of thIS refundmg the annual specIal tax m DIstrIct WIll be reduced approxImately 5 0% Over the life the bonds the total savmgs IS approxImately $1 3 mIllIon Bond Issue 1 Before you IS the resolutJOn authonzmg the Issuance of the bonds AGENDA ITEM NO 3.. 0 PAGE-/.-OF 2.. REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 2 FISCAL IMPACT Repayment of the bonds are secured by the specIal taxes leVIed on all property wlthm the dIstrict other than those propertIes that are exempt as provIded m the respective rate and method of apportIOnment RECOMMENDA TlON It IS recommended that CIty CouncIl adopt ResolutIOn No 2007 - Q'-\ whIch approves the refundmg of the 1999 Bonds and the Issuance of the Bonds by the Dlstnct PREP ARED BY MATT N PRESSEY DIRECTOR OF AD NISTRATlVE SERVICES APPROVED FOR AGENDA BY AGENDA ITEM NO < ~ PAGE,;( OF:;- l RESOLUTION NO 2007- J. '1' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TAKING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 90-2 (TUSCANY HILLS PUBLIC IMPROVEMENTS) SPECIAL TAX PARITY BONDS, 2007 SERIES A WHEREAS, the Governmg Board of the Redevelopment Agency of the CIty of Lake Elsmore (the Agency) has conducted proceedmgs under and pursuant to the Mello Roos Commumty FacIlitIes Act of 1982 as amended (the Act) to form the Redevelopment Agency of the CIty of Lake Elsmore Commumty FacIlitIes Dlstnct No 90-2 (Tuscany HIlls PublIc Improvements) (the Dlstnct ) to authonze the levy of specIal taxes upon the land wIthm the DIStnCt, and to Issue bonds secured by saId specIal taxes, the proceeds of whIch are to be used to finance certam facIlItIes (the FacIlItIes) all as descnbed m the ResolutIOns entitled A ResolutIOn of FormatIOn of Redevelopment Agency of the CIty of Lake Elsmore Commumty FacIlitIes DIStnCt No 90 2 (Tuscany HIlls PublIc Improvements), Authonzmg the Levy of a SpecIal Tax Wlthm the DIStnCt PrelImmanly Establlshmg an AppropnatlOns LImIt for the Dlstnct and Submlttmg Levy of the SpecIal Tax and the EstablIshment of the AppropnatlOns LImIt to the Qualified Electors of the Dlstnct and' A ResolutIOn Determmmg the NecessIty to Incur Bonded Indebtedness Wlthm the Redevelopment Agency of the CIty of Lake Elsmore Commumty FacIlItIes Dlstnct No 90 2 (Tuscany HIlls Public Improvements) and Submlttmg ProposItIon to the Qualified Electors of the Dlstnct adopted by thIS date and WHEREAS, pursuant to Said resolutIOns an electIOn was held wlthm the Dlstnct on November 27 1990 and the qualified electors approved the proposItIOns of the mcurrence of the bonded debt and the levy of the speCial tax by more than two thIrds of the votes cast at Said specIal electIOn, and WHEREAS, on June 3 1999 the Dlstnct Issued ItS SpecIal Tax Panty Bonds 1999 Senes A (the 1999 Bonds ) and WHEREAS, for the purpose of refundmg the 1999 Bonds, the Dlstnct mtends to Issue bonds deSIgnated Redevelopment Agency of the CIty of Lake Elsmore Commumty FacIlItIes DIStrICt No 90 2 (Tuscany HIlls PublIc Improvements) SpecIal Tax Panty Bonds 2007 Senes A (the Bonds) and l 4"8711341 AGENDA ITEM NO ,~ PAGE.3 OF ...s::::.. CIty CouncIl Resolution No 2007- Page 2 of3 WHEREAS, there have been submItted to thIS CouncIl certam documents provldmg for the Issuance of the Bonds and thIs CouncIl, wIth the aId of ItS staff, has reviewed said documents and found them to be m proper order, and WHEREAS, to that end, the Agency has adopted a resolutIOn on the date hereof approvmg said financmg NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The CIty CouncIl hereby approves the refundmg of the 1999 Bonds and the Issuance by the DIStrICt of the Bonds SECTION 2 The CIty Manager or any other officer of the CIty IS hereby authonzed and dIrected to execute and delIver any and all documents and mstruments and to do and cause to be done any and all acts and thmgs necessary or proper for carrymg out the transactIons contemplated by thIS ResolutIOn SECTION 3 ThIS ResolutIOn shall take effect from and after the date of ItS passage and adoptIOn -1.58711341 AGENDA ITEM NO 3.J; PAGE-$-OF 5" CIty Counctl Resolution No 2007-_ Page30f3 PASSED, APPROVED AND ADOPTED thIS 27th day of February 2007 A YES COUNCILMEMBERS NOTES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee Mayor CIty of Lake ElsInore ATTEST Fredenck Ray CMC CIty Clerk CIty of Lake ElsInore APPROVED AS TO FORM Barbara ZeId LeIbold, CIty Attorney CIty of Lake ElsInore 458711341 AGENDA ITEM NO c?:f..-o PAGE 5'" OF 5" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE FEBRUARY 27, 2007 SUBJECT APPROVAL OF SUB LEASE WITH COUNTY OF RIVERSIDE FOR ANIMAL SHELTER CONSTRUCTION BACKGROUND On August 24 2004 the CIty CouncIl conceptually approved the formatlOn and partIcIpatIon mto the Southwest CommumtIes Jomt Powers Authonty On December 28 2004 the City CouncIl adopted the JP A Agreement formally On July 26 2005 the CIty CouncIl requested that staff provIde alternatIves for therr conslderatlOn whIch resulted m the CouncIl s contmued partIClpatlOn m the JP A The member agencIes of the Southwest County Fmancmg Authonty (SCF A) mc1ude the cItIes of Lake Elsmore Murneta Temecula Canyon Lake and the County of RIversIde The express purpose of the JP A IS to fund and construct an anrmal shelter located m Wlldomar that WIll serve the reglOn Lake Elsmore has contracted for anImal control and sheltenng serVIces WIth Ammal Fnends of the Valleys (AFV) smce 1988 In addItIon Ammal Fnends of the Valleys also provIdes anImal control and sheltenng serVIces to the CItIes of Murneta Temecula Canyon Lake and sheltenng serVIces for RIversIde County makmg It practIcal for all partlclpatmg agencIes to jomtly fund a new shelter ThIS approach IS seen as the most cost effectlVe way of provldmg much needed and legally reqUlred anImal sheltenng servIces to the reglOn DISCUSSION AFV s current shelter consIsts of outdoor holdmg cages and trailers ThIS faclhty has AGCN:' ITElv'I NO ..:3-=+ PAC... I lJF (,C) ~ REPORT TO CITY COUNCIL FEBRUARY 27, 2007 PAGE 2 out hved Its useful lIfe and wIll not be able to meet the future needs of the regIon Therefore a new shelter IS beIng proposed to be bUIlt on land owned by the ElSInore Valley MumcIpal Water DIStrIct and leased to AFV who WIll In turn lease the land to the SCF A for constructIon of the shelter ThIS $1 per year lease wIll remaIn In effect untIl the bonds for the facIlIty are paid off ThIS shelter has been In the planmng stages for a number of years The proposed facIlIty IS approxImately 32 000 square feet and consIsts of admInIstratIve space a class room chmcal/medIcal spaces holdIng areas to house anlffials IsolatIOn rooms pet adaptatIon areas and publIc surrender and retrIeval areas The project archItect George Meyers has extensIve expenence desIgmng and constructIng ammal shelters and thIS facIhty IS deSIgned to meet the current and future needs of the regIon Staff has contInually searched for further optIons that would best serve the commumty and the CIty CouncIl Although staff was able to locate a pre fabncated shelter that meets all CalIfornIa bUIldIng codes and the approval of the Humane SOCIety of the Umted Sates of Amenca at a fractIon of the cost of the proposed faCIlIty the operatIons costs over the same 30 year penod prove more costly than the SCFA faCIlIty The project constructIOn budget IS set not to exceed $13 5 nullIon dollars Under the terms ofthe Sub-Lease Lake ElSInore IS responsIble for our proportIonate share of the ammals that are housed In the shelter Currently a total of 27 6% of the ammals that are housed In the shelter are Lake ElSInore ammals ThIS proportIOnate share of the faCIlIty equates to an annual lease payment of $356000 annually Under the terms of the Sub Lease thIS percentage and payment wIll be adjusted annually as the percentage of Lake ElSInore ammals change llistoncally the percentage of Lake ElSInore an1ll1als In the shelter has been In the 261 287% range and we are estrmatmg thIS percentage of ammals housed In the shelter wIll remam relatIvely constant The SCF A Board met on January 18 2007 and approved the finanCIng program where the County WIll be responsIble for ISSUIng the debt and all JP A members WIll pay an annual lease payment based on each agency s proportIonate share of shelter usage The bonds WIll have a 3D-year lIfe and once they are paid off the ownershIp of the faCIlIty WIll be turned over to AFV However AFV WIll be contractually requITed after the bonds have been retired to proVIde sheltenng serVIces from thIS faCIlIty to any member AGCNi: '\ ITE'II NO PAC_ " 3~ OF /5F: SUB-LEASE AGREEMENT Dated as of 1 2007 by and between the COUNTY OF RIVERSIDE as Sub lessor and the CITY OF as Sub lessee Relatmg to $ Southwest Commuml1es Fmancmg Authonty 2007 Lease Revenue Bonds Senes A (County of Riverside Capital Project) RVPUBIKBYRENS\722448 I AC::,;: nI10P1r- PA~_~"';: _ SUB LEASE AGREEMENT THIS SUB LEASE AGREEMENT (thiS Sub Lease Agreement) dated as of 1 2007 IS by and between the COUNTY OF RIVERSIDE a dlVlslOn of the State organized and eXlstmg under the laws of the State of California as Sub lessor (the County) and the City of a mumclpal corporatIOn orgarnzed and eXlstmg under the laws of the State as sub lessee (the City) WITNESSETH WHEREAS the Southwest Communities Fmancmg Authonty (the Authonty') IS a Jomt powers authonty duly orgarnzed and eXlstmg under and pursuant to that certam Jomt ExerCise of Powers Agreement dated as of November 30 2004 (the Jomt ExerCise of Powers Agreement ) executed by and among the County the City of Canyon Lake the City of Lake Elsmore the City of Mumeta and the City of Temecula (together the Member Agencies) and WHEREAS under Article 4 (commencmg With SectIOn 6584) of Chapter 5 of DlVlslOn 7 of Title 1 of the California Government Code (the Bond Law) the Authonty IS authonzed to borrow money for the purpose of financmg the acqUisItion of bonds notes and other obligatIOns of or for the purpose of makmg loans to public entities mcludmg the Member AgenCies and to provide financmg for public capital Improvements of public entities mcludmg the Member AgenCies and to lease such public capital Improvements mcludmg the land on which the public capital Improvements are or will be located and WHEREAS the Authonty has leased a certam parcel (the Leased Premises ) from Ammal Fnends of the Valleys ( AFV ) pursuant to a Ground Lease dated 1 2007 by and between the AFV as Sub lessor and the Authonty as sub lessee (the Ground Lease ) and wishes to lease the Leased Premises and Improvements constructed thereon to the County pursuant to the laws of the State of California to enter mto a Lease Agreement dated I 2007 between the County and the Authonty (the Lease Agreement ) and WHEREAS the Lease Premises are leased to the AFV pursuant to an Amended and Restated Site Lease Agreement between the Elsmore Valley MuniCipal Water Dlstnct and AFV dated 2007 (the AFV Lease ) and thiS Sub Lease Agreement IS subject to the AFV Lease and WHEREAS the County IS subleasmg a portIOn of the Leased Premises to the City pursuant to thiS Sub Lease m consideratIOn for the City s proportIOnate use and occupancy of the Leased Premises and WHEREAS the Leased Premises constitute a public capital Improvement as that term IS defined m the Bond law and WHEREAS the Authonty shall lease the Leased Premises to the County for the purpose (among others) of operatmg an animal shelter and the rent thereon shall provide amounts suffiCient to pay the pnnclpal of and mterest on the Bonds (as defined herem) and RVPUBIKBYRENS\722448 1 2 A,,~";:' lEd::> 3-=t- PAv'- ~ l - 15 r- c- - - 1 WHEREAS for the purpose of provldmg moneys to acqUIre or construct capItal projects of the County the Authonty proposes to Issue Its $ aggregate pnnclpal amount 2007 Lease Revenue Bonds Senes A (COUllty of RIversIde CapItal Project) (the Bonds) under that certam Indenture of Trust dated as of 1 2007 (the Indenture) by and between the Authonty and [Trustee] as trustee and WHEREAS all condItIons to the executIon and delIvery of thIs Sub Lease Agreement have been satIsfied and the County and the CIty are duly authonzed to execute and delIver thIs Sub Lease Agreement NOW, THEREFORE for and m consIderatIOn of the premIses and the matenal covenants heremafter contamed the partIes hereto hereby formally covenant agree and bmd themselves as follows ARTICLE I DEFINITIONS AND EXHIBITS SECTION 1 01 DefimtlOns Unless the context clearly otherwIse requITes or Ullless otherwise defined herem the capitalIzed terms m this Sub Lease Agreement shall have the respectIve meamngs speCIfied m SectIon 101 of the Lease Agreement and SectIOn I 01 of the Indenture SECTION 1 02 Exhibits The followmg exhibIts are attached to and by this reference made a part of thiS Sub Lease Agreement Exhibit A DescnptIon of the Leased PremIses ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES SECTION 2 01 Revresentatzons. Covenants and Warrantzes of the Otv The City makes the followmg covenants representatlons and warrantIes to the County as ofthe date of the executIon and delIvery of this Sub Lease Agreement (a) Due OrgamzatlOn and EXistence The City IS a mumclpal corporatIon duly orgamzed and valIdly eXlstmg under the laws of the State has full legal nght power and authonty under the laws of the State to enter mto thIS Sub Lease Agreement and to carry out and consummate all transactIOns contemplated hereby and thereby and by proper actIon the City has duly authonzed the executIOn and delIvery ofthls Sub Lease Agreement (b) Due ExecutIon The representatIves of the CIty executmg this Sub Lease Agreement have been fully authonzed to execute the same pursuant to a resolutIOn duly adopted by the City CouncIl (c) ValId, Bmdmg and Enforceable OblIgatIOns This Sub Lease Agreement has been duly authonzed executed and delIvered by the City and constItutes the legal valId and bmdmg agreement of the City enforceable agamst the City m accordance with the terms hereof RVPUBIKBYRENS\722448 I 3 h.._ :: n::Jl[ 0 PA,,_ Ip 3=1- (.,-J5~ (d) No Conflicts The executIOn and delIvery of this Sub Lease Agreement the consummatIOn of the transactIOns herem contemplated and the fulfillment of or complIance with the terms and conditIOns hereof do not and will not conflict with or constItute a vIOlatIOn or breach of or default (with due notIce or the passage of tIme or both) under any applIcable law or admmlstratIve rule or regulatIOn or any applIcable court or admmlstratlVe decree or order or any mdenture mortgage deed of trust lease contract or other agreement or mstrument to which the CIty IS a party or by which It or ItS properties are otherwise subject or bound or result m the creatIon or ImpOSItIon of any prohibited lIen charge or encumbrance of any nature whatsoever upon any of the property or assets of the City which conflict vIOlatIon breach default lIen charge or encumbrance would have consequences that would matenally and adversely affect the consummatIOn of the transactIOns contemplated by trus Sub Lease Agreement or the finanCial conditIon assets properties or operatIOns of the City (e) Consents and Approvals No consent or approval of any trustee or holder of any mdebtedness of the City or of the voters of the City and no consent permiSSIOn authonzatlOn order or lIcense of or filmg or registratIOn with any governmental authonty IS necessary m connectIon with the executIOn and delIvery of thiS Sub Lease Agreement or the consummatIOn of any transactIon herem contemplated except as have been obtamed or made and as are m full force and effect (f) No LItIgatIOn There IS no actIon SUIt proceedmg mqUlry or mvestIgatlOn before or by any court or federal state municipal or other governmental authonty pendmg or to the knowledge of the City after reasonable mvestIgatlOn threatened agamst or affectmg the City or the assets properties or operatIons of the City which If determmed adversely to the City or ItS mterests would have a matenal and adverse effect upon the consummatIon of the transactIons contemplated by or the valIdity of thiS Sub Lease Agreement or upon the financial conditIOn assets properties or operatIons of the City and the City IS not m default with respect to any order or decree of any court or any order regulatIOn or demand of any federal state mumclpal or other governmental authonty which default might have consequences that would matenally and adversely affect the consummatIOn of the transactIOns contemplated by thiS Sub Lease Agreement or the financial conditIOns assets properties or operatIOns of the City (g) EssentIalItv The Leased Premises and FacIlItIes constitute property that IS essentIal to carrymg out the governmental functIOns of the City SECTION 2 02 Representations. Covenants and Warranties of Countv The County makes the followmg covenants representatIOns and warrantIes to the City as of the date of the executIOn and delIvery oftrus Sub Lease Agreement (a) Due OrganizatIOn and EXistence The County IS a diVISIOn of the State duly organized and eXlstmg under and by virtue of the laws of the State has power to enter mto thiS Sub Lease Agreement and the Lease Agreement IS possessed of full power to own and hold Improve and eqUIp real and personal property and to lease the same and has duly authonzed the executIOn and delIvery of each of the aforesaid agreements and such agreements constItute the legal valid and bmdmg agreements of the County enforceable agamst the County m accordance with their respectIve terms RVPUB\KBYRENSI722448 1 4 A~: :, ITE H 0 PA~~ '1 3~ (.~J5n_, (b) Due ExecutIOn The representatives of the County executmg tlus Sub Lease Agreement and the Lease Agreement are fully authonzed to execute the same pursuant to official action taken by the Board of Supervisors ofthe County (C) Valid Bmdmg and Enforceable ObligatIOns This Sub Lease Agreement and the Lease Agreement have been duly authonzed executed and delivered by the County and constitute the legal valid and bmdmg agreements of the County enforceable agamst the County m accordance their respective terms (d) No Conflicts The executIOn and delivery of thiS Sub Lease Agreement and the Lease Agreement the consunmIatIOn of the transactIOns herem contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof do not and Will not conflict with or constitute a VIOlatIOn or breach of or default (With due notice or the passage of time or both) under any applicable law or admmlstratlve rule or regulatIOn or any applicable court or admmlstratlve decree or order or any mdenture mortgage deed of trust lease contract or other agreement or mstrument to which the County IS a party or by which It or ItS properties are otherwise subject or bound or result m the creatIOn or ImpositIOn of any prohibited lien charge or encumbrance of any nature whatsoever upon any of the property or assets of the County which conflict VIOlatIOn breach default lien charge or encumbrance would have consequences that would matenally and adversely affect the consummation of the transactIOns contemplated by this Sub Lease Agreement and the Lease Agreement or the financial condition assets properties or operatIOns of the County (e) Consents and Approvals No consent or approval of any trustee or holder of any mdebtedness of the County and no consent permissIOn authonzatIOn order or license of or filing or registratIOn with any governmental County IS necessary m connectIOn with the execution and delivery of this Sub Lease Agreement or the Lease Agreement or the consummatIOn of any transactIOn herem or therem contemplated except as have been obtamed or made and as are m full force and effect (1) No LItigation There IS no actIOn SUIt proceedmg mqUlry or mvestlgatlon before or by any court or federal state mumclpal or other governmental Authonty pendmg or to the knowledge of the County after reasonable mveStlgatIOn threatened agamst or affectmg the County or the assets properties or operatIOns of the County which If determmed adversely to the County or ItS mterests would have a matenal and adverse effect upon the consummation of the transactions contemplated by or the validity of this Sub Lease Agreement or the Lease Agreement or upon the financial condition assets properties or operatIOns of the County and the County IS not m default with respect to any order or decree of any court or any order regulatIOn or demand of any federal state mumclpal or other governmental County which default might have consequences that would matenally and adversely affect the consummation of the transactIOns contemplated by this Sub Lease Agreement or the Lease Agreement or the financial conditIOns assets properties or operatIOns of the County RVPUBIKBYRENS1722448 I 5 AGCr'i::...nE'Jl\\.O 3-=1- PAC;: g v- J5L_ ARTICLE III THE BONDS SECTION 3 01 The Bonds The Authonty has authonzed the Issuance of the Bonds pursuant to the Indenture m the aggregate pnnclpal amount of Dollars ($ ) The Authonty has contracted With the County to use the proceeds of sale of the Bonds to construct the FaCIlItIes and such proceeds shall be paid to the Trustee on the Closmg Date for depOSit and applIcatIOn pursuant to the terms and conditIOns ofthe Indenture SECTION 3 02 Pavment of Costs of Issuance Payment of all Costs of Issuance shall be made from the moneys deposited With the Trustee m the Costs of Issuance Fund which moneys shall be disbursed for such purpose m accordance With SectIOn 3 03 of the Indenture The City shall depOSit the amount of $ for payment of ItS proportIOnate share of those Costs of Issuance which may not be funded from the proceeds of the Bonds Any Costs of Issuance for the payment of which msufficlent funds shall be aVailable on depOSit m the Costs of Issuance Fund shall be paid by the Member AgenCies and the City shall pay ItS proportIOnate share as determmed by the County ARTICLE IV LEASE, TERM OF THIS LEASE AGREEMENT, RENTAL PAYMENTS SECTION 4 01 Lease bv AuthOr/tv and Lease to Countv (a) For conSideratIon descnbed therem AFV has leased to the Authonty pursuant to the Ground Lease the Site for the Term stated therem plus one week followmg the end of the Term ofthe Ground Lease (b) For conSideratIon descnbed therem the Authonty has leased the Leased Premises to the County and the County has leased the Leased Premises from the Authonty upon the terms and conditIons set forth m the Lease Agreement (c) The County hereby leases the Leased Premises to the City and the City hereby leases the Leased Premises from the County upon the terms and conditIOns set forth m tlus Sub Lease Agreement (d) The City hereby takes possessIOn of ItS proportIOnate share of the Leased Premises on the Closmg Date SECTION 402 Term of Lease Af!reement The Term oftlus Sub Lease Agreement shall be commensurate With the Term of the Leased Agreement and thiS Sub Lease Agreement and shall termmate upon the earlIer of the final date of the Term of thiS Sub Lease Agreement of the date that Lease Payments due hereunder shall have been paid or made aVailable for payment pursuant to thiS Sub Lease Agreement SECTION 4 03 Lease Pavments. Secur/tv DeDoslt (a) OblIgatIon to Pav In consideratIOn ofthe Sub Lease by the County of the Leased Premises and m conSideratIon of the Issuance of the Bonds by the Authonty for the purpose of RVPUBIKBYRENSI722448 1 6 11.0:' i: , ITE Jl r 0 3-=t PAv__+_S~ 158" _ 1 constructmg the FacilitIes and subject to the provlSlons of SectIOns 601 and 603 of the Lease Agreement the City agrees to pay to the County Its successors and assigns as rental for the use and occupancy of the Leased Premises dunng each Fiscal Year the Lease Payments for the use of the Leased Premises to be due and payable on August 1 of each year of the Term of tlus Sub Lease The Lease Payments commg due and payable m any Fiscal Year shall be for the City s use of the Leased Premises for such Fiscal Year as determmed by the Authonty and the County The Lease Payments due hereunder shall be the City s percentage of animals housed m the FaCIlitIes for the prevIOus calendar year m relatIOn to the total number of animals housed m the FaCIlitIes for the prevIOus calendar year multIplied by the total Lease Payment due by the County under the Lease Agreement (b) rReservedl (c) Rate on Overdue Payments In the event the City should fail to make any of the payments reqUired m thiS SectIOn 4 03 the payment m default shall contmue as an obligatIOn of the City untIl the amount m default shall have been fully paid and the City agrees to pay the same with mterest thereon to the extent permitted by law from the date of default to the date of payment at the rate per aJIllum equal to the average mterest rate on the Bonds Such mterest If received shall be deposited by the County m the Bond Fund I I I I' :\ 'I I (d) Fair Rental Value The Lease Payments and Miscellaneous Rent commg due and payable hereunder m each Fiscal Year shall constItute the total rental for the Leased Premises for each Fiscal Year and shall be paid by the City m each Fiscal Year for and m conSideratIon of the nght of the use and occupancy of and the contmued qUiet use and enjoyment of the Leased Premises dunng each Fiscal Year The partIes hereto have agreed and determmed that the total amount of such Lease Payments and Miscellaneous Rent for the Leased Premises do not exceed the fair rental value of the Leased Premises In makmg such determmatIon consideratIOn has been given to the obligatIons of the parties under thiS Sub Lease Agreement the uses and purposes which may be served by the Leased Premises and the benefits therefrom wluch Will accrue to the City and the general public (e) Source of Payments. Budget and AppropnatlOn The Lease Payments shall be payable from any source of aVailable funds of the City The City covenants to take such actIOn as may be necessary to mclude all Lease Payments and Miscellaneous Rent due hereunder m each of ItS budgets dunng the Term of thiS Sub Lease Agreement and to make the necessary annual appropnatlOns for all such Lease Payments and Miscellaneous Rent The covenants on the part of the City herem contamed shall be deemed to be and shall be construed to be mlmstenal dutIes Imposed by law and It shall be the duty of each and every public offiCial of the City to take such actIOn and do such thmgs as are reqUired by law m the performance of the offiCial duty of such offiCials to enable the City to carry out and perform the covenants and agreements m thiS Sub Lease Agreement agreed to be carned out and performed by the City The City and the County understand and mtend that the obligatIOn of the City to pay Lease Payments and other payments hereunder constItutes a current expense of the City and shall not m any way be construed to be a debt ofthe City m contraventIOn of any applicable constItutIOnal or statutory limitatIon or reqUirement concernmg the creatIOn of mdebtedness by the County nor shall anythmg contamed herem constItute a pledge of the general tax revenues funds or RVPUBIKBYRENSI722448 1 7 p,:;;:, 'e ITEiil ~ 0 -.:3'4- PA~:-1.CL-C~ )~K _ moneys of the CIty Lease Payments due hereunder shall be payable only from current funds whIch are budgeted and appropnated or otherwIse legally avaIlable for the purpose of paYIng Lease Payments or other payments due hereunder as consIderatIOn for use of the Leased PremIses dunng the FIscal Year for whIch such funds were budgeted and appropnated or otherwIse made legally aVaIlable for such purpose ThIs Sub Lease Agreement shall not create an ImmedIate mdebtedness for any aggregate payments whIch may become due hereunder The CIty has not pledged the full faIth and credIt of the CIty the State or any agency or department thereof to the payment of the Lease PaYJllents or any other paYJllents due hereunder the Bonds or the mterest thereon (f) Preoavrnent of Leased PremIses Notwlthstandmg any other provIsIon of thIs Sub Lease Agreement the CIty may on any date secure the paYJllent of the Lease PaYJllents m whole by deposltmg wIth the County an amount of cash wmch IS sufficIent to pay such Lease PaYJllents for the remammg Term but only for the purpose of wlthdrawmg from the Authonty pursuant to the provIsIOns of SectIOn 7(g) of the Jomt ExercIse of Powers Agreement The aIllount of the remammg Lease PaYJllents shall be determmed by the County based upon the average of the prevIOus three years of Lease PaYJllents hereunder plus any premIUm assocIated wIth prepaYJllent of Lease PaYJllents by the County pursuant to SectIon 4 05 of the Lease Agreement SECTION 4 04 OUlet En/Ovment Dunng the Term of thIS Sub Lease Agreement the Authonty shall provIde the CIty WIth qUIet use and enJoYJllent of the Leased PremIses and the CIty shall dunng such Term peaceably and qUIetly have and hold and enJoy the Leased PremIses WIthout SUIt trouble or hmdrance from the County except as expressly set forth m thIS Sub Lease Agreement The County WIll at the request of the CIty and at the CIty s cost Jom m any legal actIOn m whIch the CIty asserts ItS nght to such possessIOn and enJoYJllent to the extent the County may lawfully do so II I I' Ii Ii II SECTION 4 05 Title Dunng the Term of thIS Sub Lease Agreement the CIty shall hold a leasehold m the Leased PremIses and m any and all addItIOns wmch compnse fixtures repaIrs replacements or modIficatIOns to the Leased PremIses except for those fixtures repaIrs replacements or modIficatIOns whICh are added to the Leased PremIses by the CIty at ItS own expense and whIch may be removed WIthout daIllagmg the Leased PremIses and except for any Items added to the Leased PremIses by the CIty pursuant to thIS Sub Lease Agreement All nght tItle and mterest of the CIty the County and the Authonty m and to the Leased PremIses shall be transferred to and vested m AFV after all of Lease PaYJllents and MIscellaneous Rent due hereunder and under the Lease Agreement shall have been paId and the Lease Agreement shall have been deemed paId The CIty agrees to take any and all steps and execute and record any and all documents reasonably reqUIred by AFV to consummate any such transfer of tItle I :j ,I I I SECTION 4 06 Miscellaneous Rent In addItIOn to the Lease PaYJllents the CIty shall pay when due ItS proportIOnate share of the followmg Items of MIscellaneous Rent (a) all fees and expenses mcurred by the County m connectIOn WIth or by reason of ItS leasehold estate m the Leased PremIses as and when the SaIlle become due and payable RVPUBIKBYRENS\722448 1 8 ~"L' _ 11011"-0 ;:3~ PP~:-4--ll" 15g' ~ (b) all reasonable compensatIon and mdemmficatlOn to the Trustee pursuant to SectIOn 8 06 of the Indenture for all services rendered under the Indenture and for all reasonable expenses charges costs hablhtIes legal fees and other disbursements mcurred m and about the performance of Its powers and dutIes under the Indenture (c) the reasonable fees and expenses of such accountants consultants attorneys and other experts as may be engaged by the County the Authonty or the Trustee to prepare audits finanCial statements reports opmlOns or proVide such other servICes reqUired under the Lease Agreement or the Indenture and (d) the reasonable out of pocket expenses of the County mcludmg the fees charged by the County for Its participatIon m the financmg of the FacilitIes and Authonty m connectIOn With the executIOn and dehvery of the Lease Agreement or the Indenture or m connectIOn With the Issuance of the Bonds mcludmg but not hmlted to amounts payable pursuant to SectIOn 5 II any compensatIon and mdemmficatIon due to the Insurer and mcludmg but not hmlted to any and all expenses mcurred m connectIOn With the authonzatlOn Issuance sale and dehvery ofthe Bonds or mcurred by the County and Authonty m connectIOn With any htIgatlOn which may at any tIme be mstItuted mvolvmg the Lease Agreement the Bonds the Indenture or any of the other documents contemplated hereby or thereby or otherwise mcurred m connectIOn With the admmlstratlOn of the Lease Agreement SECTION 4 07 Substztutzon or Release of Leased Premzses In the event that the County substItutes or releases all or any portIOn of the Leased Premises pursuant to SectIOn 4 09 of the Lease then thiS Sub Lease shall be amended by the City and County to conform to the descnptIon of real property and faclhtIes thereon wluch constItute Leased Premises or SubstItute Leased Premises under the Lease Agreement as amended ARTICLE V MAINTENANCE, TAXES, INSURANCE, USE LIMITATIONS, AND OTHER MATTERS SECTION 5 01 Mazntenance. Utzlltzes, Taxes and Assessments Throughout the Term of the Lease Agreement the County has agreed to pay all Improvement repair and mamtenance of the Leased Premises and FaclhtIes The County has also agreed to pay for or otherwise arrange for the payment of all utIhty services supphed to the Leased Premises which may mclude Without hmltatlOn Janitor service secunty power gas telephone hght heatmg water taxes all apphcable msurance under the Lease Agreement and all other utIhty services and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Premises resultmg from ordmary wear and tear or want of care on the part of the County or any assignee or sub lessee thereof The City Will reimburse the County the City s proportionate share of the operatIOn and mamtenance costs of the Leased Premises and those expenses reqUired under SectIons 7(a) - (f) of the Jomt ExerCise of Powers Agreement The City waives the benefits of subsectIOns 1 and 2 of SectIOn 1932 of the Cahforma CIVil Code but such waiver shall not hmlt any ofthe nghts of the City under the terms ofthls Lease Agreement SECTION 5 02 Lzens Neither the County nor the City shall directly or mdlrectly create mcur assume or suffer to eXist any mortgage pledge hen charge encumbrance or claim &....: C libJlt\lO~ PA~: lB, or Jl5~ RVPUBIKBYRENS\722448 1 9 on or wIth respect to any portIOn of the Leased PremIses and FaclhtIes other than the respectIve nghts of the COlmty and the CIty as provIded herem and other than PermItted Encumbrances Except as expressly provIded m thIS ArtIcle V the County and the CIty shall promptly at theIr own expense take such actIOn as may be necessary to duly dIscharge or remove any such mortgage pledge hen charge encumbrance or claIm for whIch It IS responsIble If the same shall anse at any tIme The CIty shall reImburse the County for any expense mcurred by It m order to dIscharge or remove any such mortgage pledge hen charge encumbrance or claIm ARTICLE VI DAMAGE, DESTRUCTION AND EMINENT DOMAIN, USE OF NET PROCEEDS SECTION 6 01 Damaf!e and DestructIOn of Leased Premises In the event that the FacilItIes are damaged destroyed or subject to condenmatIon pursuant to ArtIcle VI of the Lease Agreement the County shall use the net proceeds of msurance or condenmatIon award as proVIded m the Lease Agreement and the Indenture The County shall proVIde CIty WIth an accountmg of the use of such net proceeds to eIther rebUIld or replace the FaclhtIes or pay the pnnclpal of and mterest on the Bonds The CIty shall contmue to make Lease Payments m accordance WIth SectIOn 4 03(a) hereof provIded however that the County shall reduce any Lease Payments payable hereunder m the event that Bonds have been prepaId and redeemed from Net Proceeds m proportIOn to the CIty s remammg use ofthe FaclhtIes to the whole ARTICLE VII [RESERVED] ARTICLE VIII ASSIGNMENT, SUBLEASING AND AMENDMENT SECTION 8 01 ASSlf!nment bv the Authorztv The Authonty s nghts under the Lease Agreement mcludmg the nght to receIve and enforce payment of the Lease Payments to be made by the County under the Lease Agreement have been pledged and aSSIgned to the Trustee for the benefit of the Owners of the Bonds pursuant to the Indenture to whIch pledge and assIgnment the County has consented under the Lease Agreement SECTION 8 02 Asslf!nment and Subleaslnf! bv the Cltv ThIS Sub Lease Agreement may not be aSSIgned by the CIty AddItIOnally the CIty may not sublease the Leased PremIses and FacilItIes or any portIOn thereof SECTION 8 03 Amendment Hereof The County and the CIty may at any tIme amend or modIfy any of the prOVlSJons of thIS Sub Lease Agreement by wntten agreement and consent of the Authonty ARTICLE IX EVENTS OF DEFAULT, REMEDIES SECTION 9 01 Events of Default Defined The followmg shall be Events of Default under thIS Sub Lease Agreement RVPUBIKBYRENS\722448 1 10 ~...L,\':; ~ ITE,Ij 1\0 3-=t PAC.: I'> ~ (a) FaIlure by the CIty to pay aIlY Lease Payment reqUIred to be paId hereunder at the tIme specIfied herem (b) FaIlure by the CIty to make aIlY MlscellaIleous Rent payment reqUIred hereunder aIld the contmuatIon of such faIlure for a penod ofthlfty (30) days (c) FaIlure by the CIty to observe aIld perform aIlY covenaIlt condItIOn or agreement on Its part to be observed or performed other thaIl as referred to m the precedmg clauses (a) or (b) for a penod of thIrty (30) days after wntten notIce speclfymg such faIlure aIld requestmg that It be remedIed has been gIven to the CIty by the COUllty or the Authonty provIded however that If m the reasonable oplillon of the CIty the faIlure stated m the notIce can be corrected but not wlthm such sIxty (60) day penod such faIlure shall not constItute all Event of Default If the CIty shall commence to cure such faIlure wlthm such sIxty (60) day penod aIld thereafter dIlIgently aIld m good faIth shall cure such faIlure m a reasonable penod of tIme (d) The filIng by the CIty of a voluntary petItIOn m bankruptcy or faIlure by the CIty promptly to 11ft aIlY executIOn garmshment or attachment or adjudIcatIOn of the CIty as a bankrupt or asslgrunent by the CIty for the benefit of credItors or the entry by the CIty mto all agreement of composItIon wIth credItors or the approval by a court of competent JunsdlctIon of a petItIon applIcable to the CIty m aIlY proceedmgs mstItuted Ullder the provIsIOns of applIcable federal bankruptcy law or Ullder aIlY SImIlar acts whIch may hereafter be enacted SECTION 9 02 Remedies on Default Whenever aIlY Event of Default referred to m SectIon 9 0 I shall have happened aIld be contmumg It shall be lawful for the COUllty to exercIse aIlY aIld all remedIes avaIlable purSUaIlt to law or graIlted pursuant to thIS Sub Lease Agreement provIded however that notwlthstaIldmg aIlythmg to the contrary herem there shall be no nght Ullder aIlY clrcumstaIlces to accelerate the Lease Payments or otherwIse declare aIlY Lease Payments not then m default to be ImmedIately due aIld payable or to termmate thIS Sub Lease Agreement or to cause the leasehold mterest of the COUllty or the subleasehold mterest of the CIty m the Leased PremIses to be sold assIgned or otherwIse alIenated Each and every covenaIlt hereof to be kept aIld performed by the CIty IS expressly made a condItIon aIld upon the breach thereof the County may exerCIse aIlY aIld all nghts of entry aIld re entry upon the Leased PremIses aIld FaCIlItIes subject to the provlSlons of the AFV Lease In the event of such default aIld notwlthstaIldmg aIlY re entry by the County the CIty shall as herem expressly prOVIded contmue to remam lIable for the payment of the Lease Payments aIldJor damages for breach of thIS Sub Lease Agreement aIld the performaIlce of all condItIOns herem contamed aIld m aIlY event such rent aIld dmnages shall be payable to the COUllty at the tIme aIld m the manner as herem proVIded to WIt RVPUBIKBYRENSI722448 1 11 AC!:~ L:" ITE MIO 34- PAC:4-eF -.151'__ (a) The CIty agrees to and shall remam hable for the payment of all Lease Payments and the performance of all condItions herem contamed and shall reImburse the County for any deficIency ansmg out of the re leasmg of the Leased PremIses and FaclhtIes or m the event the County IS unable to relet the Leased PremIses and FacllltIes then for the full amount of all Lease Payments to the end of the Term of thIS Sub Lease Agreement but saId Lease Payments and/or deficIency shall be payable only at the same time and m the same manner as heremabove provIded for the payment of Lease Payments hereunder notwlthstandmg such entry or re entry by the County or any smt m unlawful detamer or otherwIse brought by the County for the purpose of effectmg such re entry or obtammg posseSSlOn of the Leased PremIses and FaclhtIes or the exerCIse of any other remedy by the County SECTION 9 03 No Remedv Exclusive No remedy herem conferred upon or reserved to the County IS mtended to be exclusIve and every such remedy shall be cumulative and shall except as herem expressly proVIded to the contrary be m addItion to every other remedy gIven under thIS Sub Lease Agreement or now or hereafter eXlstmg at law or m eqmty No delay or omlsslOn to exerCIse any nght or power accrumg upon any default shall Impair any such nght or power or shall be construed to be a Waiver thereof but any such nght and power may be exercIsed from time to time and as often as may be deemed expedIent In order to entItle the County to exerCIse any remedy reserved to It m thIS ArtIcle IX It shall not be necessary to giVe any notice other than such notice as may be reqmred m thIS ArtiCle IX or by law SECTION 9 04 Ai!reement to Pay Attornevs Fees and Exvenses In the event eIther party to thIS Sub Lease Agreement should default under any of the provlSlons hereof and the nondefaultmg party should employ attorneys or mcur other expenses for the collectlOn of moneys or the enforcement or performance or observance of any obhgatlOn or agreement on the part of the defaultmg party herem contamed the defaultmg party agrees that It WIll on demand therefor pay to the nondefaultmg party the reasonable fees of such attorneys and such other expenses so mcurred by the nondefaultmg party SECTION 9 05 No AdditIOnal Wmver Imvlzed bv One Wmver In the event any agreement contamed m tlus Sub Lease Agreement should be breached by eIther party and thereafter waIved by the other party such Waiver shall be hmited to the partIcular breach so waIved and shall not be deemed to Waive any other breach hereunder ARTICLE X MISCELLANEOUS SECTION 10 01 Notices All wntten notices to be giVen under tlus Sub Lease Agreement shall be giVen by first class mall or personal dehvery to the party entItled thereto at ItS address set forth below or at such address as the party may provIde to the other party m wntmg from time to time Notice shall be effective eIther (a) upon transmIssIon by faCSImIle transmlsslOn or other form of telecommunlcatlOn (b) 48 hours after deposIt m the Umted States mail postage prepaid or (c) otherwIse upon actual receIpt The Authonty the County and the CIty may by wntten notice to the other partIes from time to tIme modIfy the address or number to whIch commumcatIons are to be gIven hereunder RVPUBIKBYRENSI722448 1 12 AG::I ~~ ITEM NO Q-; PA~;:--L5.-o" J5R If to the Authonty Southwest Commurutles Fmancmg Authonty c/o County Executive Office 4080 Lemon Street 4th Floor RIVerside CA 92501 3679 Attention Progrant Admmlstrator/Deputy County Executive Officer If to the County County of Riverside County Executive Officer 4080 Lemon Street 4th Floor Riverside CA 92501 3679 AttentIOn Deputy County Executive Officer If to the C1 ty SECTION 10 02 Blndlnf! Effect Tills Sub Lease Agreement shall mure to the benefit of and shall be bmdmg upon the City and the County and their respective successors and assigns SECTION 10 03 Severabzlztv In the event any provlSlon of thiS Sub Lease Agreement shall be held mvahd or unenforceable by any court of competent JunsdlctlOn such holdmg shall not mvahdate or render unenforceable any other provlSlon hereof SECTION 10 04 Net net net Lease Tills Sub Lease Agreement shall be deemed and construed to be a net net net lease and the City hereby agrees that the Lease Payments shall be an absolute net return to the County free and clear of any expenses charges or set offs whatsoever SECTION 10 05 Further Assurances and Correctzve Instruments The City and the County agree that they Will from time to time execute acknowledge and dehver or cause to be executed acknowledged and dehvered such supplements hereto and such further mstruments as may reasonably be reqUIred for correctmg any madequate or mcorrect descnptlOn of the Leased Premises hereby leased or mtended so to be or for carrymg out the expressed mtentlOn of thiS Sub Lease Agreement SECTION 10 06 Executzon In Countervarts ThiS Sub Lease Agreement may be executed m several counterparts each of which shall be an ongmal and all of which shall constlillte but one and the sante mstrument SECTION 10 07 Avvlzcable Law Tills Sub Lease Agreement shall be governed by and construed m accordance With the laws ofthe State SECTION 10 08 AuthOrized Revresentatzves Whenever under the proVISIOns of thiS Sub Lease Agreement the approval of the City or the County IS reqUIred or the City or the County IS reqUIred to take some actIOn at the request of the other such approval or such request shall be given for the City by an Authonzed Representative of the City and for the County by an RVPUBIKBYRENSI722448 1 13 AGCf'iJ ~ ITEf/l 1\.0 ;::3 '-=t PAG;:~l': -.lQ~_ authonzed Representative of the County and any party hereto shall be authonzed to rely upon any such approval or request SECTION 10 09 CaotlOns The captIOns or headmgs m this Sub Lease Agreement are for convemence only and m no way define limit or descnbe the scope or Illtent of any provlSlons or SectIOn oftIus Sub Lease Agreement IN WITNESS WHEREOF the City has caused thiS Lease Agreement to be executed III ItS corporate name by ItS duly authonzed officers and sealed With ItS seal and the County has caused thiS Lease Agreement to be executed III ItS name by ItS duly authonzed officers and sealed with ItS corporate seal as ofthe date first above wntten CITY OF By City Manager Attest City Clerk COUNTY OF RIVERSIDE By County Executive Officer (S E A L) Attest Clerk of the Board of Supervisors RVPUBIKBYRENS\722448 1 14 AC::NC'l, ITEM NO PAC: I{ 3')- I..F~_ ST ATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On before me personally appeared personally known to me OR - proved to me on the basIs of satisfactory eVIdence to be the person(s) whose name(s) Is/are subscnbed to the wlthm mstrument and acknowledged to me that he/she/they executed the same m lus/her/thelr authonzed capacltY(les) and that by lus/her/thelr slgnahrre(s) on the mstrument the person(s) or the entity upon behalf of wluch the person(s) acted executed the mstrument W1TNESS my hand and officIal seal Slgnahrre of Notary RVPUBIKBYRENSI722448 I 15 AGC,I;;~ ITPI1 t'.O PA(.::J~ 3-=r 1.F.J5~ RVPUB\KBYRENSI722448 I EXHIBIT A DESCRIPTION OF THE LEASED PREMISES Al ACr:~'D""ITEM NO :=5-=r PAC;:~l,F_t5~ SectIon 1 01 SectIon 1 02 SectIOn 2 01 SectIOn 2 02 SectIOn 3 01 SectIOn 3 02 SectIon 4 01 SectIon 4 02 SectIon 4 03 SectIon 4 04 SectIon 4 05 SectIon 4 06 SectIon 4 07 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND EXHIBITS DefimtIons Exlublts 3 3 ARTICLE II REPRESENTATIONS COVENANTS AND WARRANTIES RepresentatIOns Covenants and WarrantIes of the CIty RepresentatIOns Covenants and WarrantIes of County 3 4 ARTICLE III THE BONDS The Bonds Payment of Costs of Issuance 6 6 ARTICLE IV LEASE TERM OF THIS LEASE AGREEMENT RENTAL PAYMENTS Lease by AuthOrIty and Lease to County Term of Lease Agreement Lease Payments SecurIty DeposIt QUIet Enjoyment TItle MIscellaneous Rent SubstIl11tIOn or Release of Leased PremIses 6 6 6 8 8 8 9 ARTICLE V MAINTENANCE TAXES INSURANCE USE LIMITATIONS AND OTHER MATTERS SectIon 5 01 SectIOn 5 02 Mamtenance UtIlItIes Taxes and Assessments LIens 9 9 ARTICLE VI DAMAGE DESTRUCTION AND EMINENT DOMAIN USE OF NET PROCEEDS SectIOn 601 Damage and DestructIOn of Leased PremIses 10 ARTICLE VII [RESERVED] A::;~I,i:'dTE'.JI ~o ,.::s-=t PAO:':~ OF~ RVPUB\KBYRENS\722448 1 TABLE OF CONTENTS (contInued) Page ARTICLE VIII ASSIGNMENT SUBLEASING AND AMENDMENT Section 8 01 AssIgnment by the Authonty 10 Section 8 02 AssIgnment and SubleasIng by the CIty 10 SectIOn 8 03 Amendment Hereof 10 ARTICLE IX EVENTS OF DEFAULT REMEDIES SectIOn 9 01 Events of Default Defined 10 SectIOn 9 02 RemedIes on Default 11 SectIon 9 03 No Remedy ExclusIve 12 SectIOn 9 04 Agreement to Pay Attorneys Fees and Expenses 12 SectIOn 9 05 No AddItIOnal WaIver ImplIed by One WaIver 12 ARTICLE X MISCELLANEOUS Section 10 01 Notices 12 SectIOn 10 02 BIndIng Effect 13 SectIOn 10 03 SeverabIlIty 13 SectIOn 10 04 Net net net Lease 13 SectIOn 10 05 Further Assurances and Corrective InstnmIents 13 Section 10 06 ExecutIOn In Counterparts 13 SectIOn 10 07 ApplIcable Law 13 SectIOn 10 08 Authonzed Representatives 13 SectIOn 10 09 CaptIOns 14 EXHffiIT A DESCRIPTION OF THE LEASED PREMISES Al RVPUBIKBYRENSI722448 1 11 AeC"l~'\ ITEM 1\0 :3 =r PAGi:~OFJ5g RESOLUTION NO 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN SUB LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF RIVERSIDE, AS SUB LESSOR, AND THE CITY OF TEMECULA, AS SUB LESSEE, RELATING TO SOUTHWEST COMMUNITIES FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY OF RIVERSIDE CAPITAL PROJECT) ANIMAL SHELTER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS Section 1 The City Council of the City of Temecula does hereby find determine and declare that A The Southwest Communities Financing Authority (the Authority) is a JOint powers authority duly orgamzed and eXisting under and pursuant to that certain JOint Exercise of Powers Agreement dated as of November 30 2004 (the JOint Exercise of Powers Agreement) executed by and among the County the City of Canyon Lake the City of Lake Elsinore the City of Murneta and the City of Temecula (together the Member Agencies) B Under Article 4 (commencing with Section 6584) of Chapter 5 of DIvIsion 7 of TItle 1 of the Califorma Government Code (the Bond Law) the Authority IS authorized to borrow money for the purpose of financing the acquIsition of bonds notes and other obligations of or for the purpose of making loans to public entities including the Member Agencies and to provide financing for public capital Improvements of public entities including the Member Agencies and to lease such public capital Improvements including the land on which the public capital Improvements are or Will be located and C The Authority has leased a certain parcel (the Leased Premises) from Animal Friends of the Valleys ( AFV ) pursuant to a Ground Lease by and between the AFV as Sub lessor and the Authority as sub lessee (the Ground Lease) and wishes to lease the Leased Premises and Improvements constructed thereon to the County pursuant to the laws of the State of California to enter Into a Lease Agreement between the County and the Authority (the Lease Agreement) o The County IS subleasing a portion of the Leased Premises to the City pursuant to this Sub Lease In consideration for the City s proportionate use and occupancy of the Leased Premises E The Authority Will Issue revenue bonds based on the leases for the construction of an ammal shelter for the Member Agencies ACCNi::A ITEII! NO 3 ')- PAC.i:~OF I~l\ Section 2 The City Council of the City of Temecula hereby approves that certain sub lease entitled SUB LEASE AGREEMENT DATED AS OF 2007 BY AND BETWEEN THE COUNTY OF RIVERSIDE AS SUB LESSOR AND THE CITY OF TEMECULA AS SUB LESSEE RELATING TO $ SOUTHWEST COMMUNITIES FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY OF RIVERSIDE CAPITAL PROJECT) (Sub Lease) With such changes In the Sub Lease as may be mutually agreed upon by the County and the City Manager as are In substantial conformance With the form of such Sub Lease which on file In the Office of the City Clerk The City Manager IS hereby authOrized to execute the Sub Lease on behalf of the City pursuant to Section 2 12030 of the Temecula Municipal Code A copy of the final Agreement when executed by the City Manger shall be placed on file In the Office of the City Clerk 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 Sub Lease and to administer the City s obligations responsibilities and dulies to be performed under the Sub Lease and such other Implementing agreements and documents as contemplated or desCribed In the Sub Lease Seclion 3 The City Clerk shall certify to the adoplion of this Resolution PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 23rd day of January 2007 Chuck Washington Mayor ATTEST Susan W Jones MMC City Clerk [SEAL] AGCND :!.ITEM NO ,~-=} PAC: ~.; OF Lt)~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I Susan W Jones MMC City Clerk of the City of Temecula do hereby certify that the foregoing Resolution No was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ABSTAIN COUNCIL MEMBERS Susan W Jones MMC City Clerk AO;:ND~ ITEM NO ~ PAG:4-or~8g RESOLUTION NO 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN SUB LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF RIVERSIDE, AS SUB LESSOR AND THE CITY OF TEMECULA AS SUB LESSEE RELATING TO SOUTHWEST COMMUNITIES FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY OF RIVERSIDE CAPITAL PROJECT) ANIMAL SHELTER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS Section 1 The City Council of the City of Temecula does hereby find determine and declare that A The Southwest Communities Financing Authonty (the Authonty) IS a JOint powers authonty duly organized and eXisting under and pursuant to that certain JOint Exercise of Powers Agreement dated as of November 30 2004 (the JOint Exercise of Powers Agreement) executed by and among the County the City of Canyon Lake the City of Lake Elsinore the City of Murneta and the City of Temecula (together the Member Agencies) B Under Article 4 (commencing with Section 6584) of Chapter 5 of DIvIsion 7 of Title 1 of the California Government Code (the Bond Law) the Authonty IS authonzed to borrow money for the purpose of finanCing the acquIsition of bonds notes and other obligations of or for the purpose of making loans to public entities including the Member AgenCies and to provide finanCing for public capital Improvements of public entities Including the Member AgenCies and to lease such public capital Improvements Including the land on which the public capital Improvements are or Will be located and C The Authonty has leased a certain parcel (the Leased Premises) from Animal Fnends of the Valleys ( AFV ) pursuant to a Ground Lease by and between the AFV as Sub lessor and the Authonty as sub lessee (the Ground Lease) and Wishes to lease the Leased Premises and Improvements constructed thereon to the County pursuant to the laws of the State of California to enter Into a Lease Agreement between the County and the Authonty (the Lease Agreement) D The County IS subleaSing a portion of the Leased Premises to the City pursuant to this Sub Lease In consideration for the City s proportionate use and occupancy of the Leased Premises E The Authonty Will Issue revenue bonds based on the leases for the construclion of an animal shelter for the Member AgenCies AC;:;-J~Il.ITEM NO PAC;: ..xl) L--3 =r t.F .-15K.-_ Section 2 The City Council of the City of Temecula hereby approves that certain sub lease entitled SUB LEASE AGREEMENT DATED AS OF 2007 BY AND BETWEEN THE COUNTY OF RIVERSIDE AS SUB LESSOR AND THE CITY OF TEMECULA AS SUB LESSEE RELATING TO $ SOUTHWEST COMMUNITIES FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY OF RIVERSIDE CAPITAL PROJECT) (Sub Lease) with such changes In the Sub Lease as may be mutually agreed upon by the County and the City Manager as are In substantial conformance with the form of such Sub Lease which on file In the Office of the City Clerk The City Manager IS hereby authonzed to execute the Sub Lease on behalf of the City pursuant to Section 2 12030 of the Temecula MUniCipal Code A copy of the final Agreement when executed by the City Manger shall be placed on file In the Office of the City Clerk The City Manager (or hiS deSignee) IS hereby authonzed on behalf of the City to take all actions necessary and appropnate to carry out and Implement the Sub Lease and to administer the City s obligations responsibilities and duties to be performed under the Sub Lease and such other Implementing agreements and documents as contemplated or descnbed In the Sub Lease Section 3 The City Clerk shall certify to the adoption of this Resolution PASSED APPROVED AND ADOPTED by the City Council of the City of Temecula this 23rd day of January 2007 Chuck Washington Mayor ATTEST Susan W Jones MMC City Clerk [SEAL] AG:"~'-< ITEM 1\0 PACt': d 1(1 3=+ v: tt1~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I Susan W Jones MMC City Clerk of the City of Temecula do hereby certify that the foregoing Resolution No was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ABSTAIN COUNCIL MEMBERS Susan W Jones MMC City Clerk fl.0;:':;; ~ liEM NO PAC;: J. 7 -3~ OF I!JK EXHIBIT A Construction Contingency TOTAL CONSTRUCTION Proposed Project Budget $10000000 750 000 $10750000 Project Management Testing & Inspection Equipment IFF&E I nd I rects TOTAL PROJECT COST 300 000 100 000 1 250 000 1 100000 $13500000 Note Included In the Construction Document Specifications are four Deductive Alternatives that the SCFA Board can elect to exercise If bid responses exceed the project budget I\....~N;;"' ITEM 1\0 PAC: !) ~ 3=i- UF IFJ~ AnImal Friends of the Valleys New Projected Budget for SCFA Shelter 2008- 2009 Shelter, na lL,censlna Animal Control NonProfit Total SCFA Shelter Revenues Adoptions & Adoption Holds $ $ $ 14400000 $ 144 000 00 911 Calls Quarantine & Traps 9 000 00 9 555 00 18 555 00 Ammal Control 5ervlces 674 500 00 674 500 00 Board Fees 20 700 00 20 700 00 Classroom Rental 2 500 00 2 500 00 Donations 121 500 00 121 500 00 Donations Ammal Food & Supplies 33 19S 00 7 500 00 40 695 00 Donations Counter & Request 68 000 00 21 000 00 89 000 00 Fundralsers 40 750 00 40 750 00 Impound Fees 29 SOO 00 29 500 00 59 000 00 MlcrochlpsjVaCClnes 36 000 00 7 000 00 43 00000 Mlsc Income 2 005 00 2 005 00 Sheltenng/Llcense Services 695 SOO 00 695 500 00 Shot Cllmcs 19 000 00 19 000 00 38 000 00 Spay/Neuter Voucher 5 000 00 5 000 00 Total Revenues $ 913,395 00 $ 713,555 00 $ 367,755 00 $ 1,994,705 00 Expenditures Advertising 3 750 00 750 00 500 00 5 000 00 Amma I Food & Litter 37 000 00 37 000 00 Ammal Supplies 50 000 00 7 000 00 57 000 00 AutojTruck Expenses 81 000 00 2 000 00 83 000 00 Employee Benefits 8 300 00 13 750 00 3450 00 25 500 00 Fundralslng & Non Profit 18 700 00 18 700 00 Insurance 18 500 00 4 000 00 2 500 00 25 000 00 Microchips 20 000 00 16 000 00 36 000 00 Mileage/Gasoline 1 250 00 1 000 00 3 750 00 6 000 00 Newletter Expense 9 000 00 9 000 00 Office Expense 9 350 00 16 850 00 3 800 00 30 000 00 Operating Ammal Supplies 10 000 00 10 000 00 Operating Expenses 12 820 00 12 000 00 2 680 00 27 500 00 Outside Services 32 850 00 5 400 00 S 750 00 44 000 00 Outside Services Disposal 11 250 00 3 750 00 15 000 00 Payroll Tax Expense 30 500 00 S5 000 00 12 000 00 97 500 00 Radio/Paging 8 000 00 8 000 00 Repairs/Maintenance 7 650 00 2 350 00 1 000 00 11 000 00 Salanes 484 925 00 389 955 00 187 125 00 1 062 005 00 Shot Cllmc Expenses 12 750 00 12 750 00 25 500 00 Spay/Neuter Services 55 000 00 55 000 00 Tax/License/Permits 21 150 00 5 700 00 150 00 27 000 00 Telephone & Utilities 52 100 00 11 800 00 6 100 00 70 000 00 Umforms 2 500 00 2 500 00 5 000 00 Vet Services 10 000 00 5 000 00 15 000 00 Workers Comp 26 500 00 48 000 00 10 500 00 85 000 00 Total Expenditures $ 863,145 00 $ 663,055 00 $ 363,505 00 $ 1,889,705 00 Increase In Fund Balance $ 50,250 00 $ 50,500 00 $ 4,250 00 $ 105,000 00 AC::N;;\ITE,ilIW 3~- PAC';:~OF t-csg Page 1 Antmal Friends of the Valleys New Projected Budget for SCFA Shelter 2008-2009 Shelterlnq I L,censlnq Animal Control NonProfit Total SCFA Shelter Other Contingencies BUilding Contingency 21 000 00 4 000 00 25 000 00 Equipment Contingency 29 250 00 6 500 00 4 250 00 40 000 00 Vehicle Replacement 40 000 00 40 000 00 Total Other Reserves 50 250 00 50 500 00 4 250 00 105 000 00 Total Other Reserves $ 50,250 00 $ 50,500 00 $ 4,250 00 $ 105,000 00 Balance Increase/(Decrease) $000 $000 $000 $000 AGEIIIC" ITEM fIlO PAC: ,3<D 3-::r OF _!.S'i' Page 2 Ammal Control Budgets January 17 2007 CITY BUDGET FOR 'PER NOTE ANIMAL CONTROL CAP IT A CARL SBA D $538,538 $546 Populatron 98 607 Animal Control done by CH (760) 602 2430 County of San Diego fmance CORONA $1,681,248 $11 36 Populatron 148 000 In Police budget CH (951) 736 2400 AC (951) 736 2309 ESCONDIDO $529,130 $376 Population 140766 In Police budget CH (760) 839-4880 AC (760) 888 2275 MORENO VALLEY $2,547,000 $1534 Population 166000 CH (951) 4133074 AC (951) 413 3790 TEMECULA $140000 $149 Population 93 923 Current TEMECULA Shelter lease $224 385 $548 Population 93 923 After Shelter Opens Op & Mamt $150000 Field Services $140.000 TOTAL $514385 CH = City Hall AC = Animal Control AGENDA ITEM NO 3 -=t- PAC:-3t-\;F 15 g C \Documents and Setbngs\dsapp\Local Seltlngs\Temporary Internet Flles\OLK2\Ammal Control Budgets doc I IIIIIII >~cn I '"":r'j = ='" l"'t- I I - l"'t- rD ~ I tTj ="'cn= I ~ I o 0 ~ ::! = = ~ l"'t- ::!. r ~= I ~~ ~ 0 r I I l"'t- g~ (j::r. ~> 0 0 =~ c.n~ = = = r.n ""'h = 0 [ hi] = I-t """ l"'t- I ::r.='" [ I rD rD I :0 r.n ! ~ I I : tfj """. 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[ fJ) ,... ::J ur~ OQ fJ) [ ACENDA ITEM NO =t r PAc-:ALOF .J5L_ - ---- - ~-- Animal Friends of the Valleys Yearly Animals Received 2006 Out of Area 15% Temecula 177% MUrrieta 204% County 300% 1"Lake ElsInore Canyon Lake 29% 276% AREA DOGS CATS TOTALS % County 1366 816 2182 300% Lake Elsinore 1116 889 2005 276% Temecula 881 403 1284 177% Murneta 991 490 1481 204% Out of Area 68 44 112 15% Canyon lake 151 58 209 29A. TOTALS 4573 2700 7273 100 0% o County I!I Lake Elsinore o Canyon Lake o MUrrieta III Temecula o Out of Area ACLND~ ITEM NO 3 =l- PAG~~OF L5[) INTEROFFICE MEMORANDUM e- TO FROM DATE SUBJECT ROBERT A BRADY CITY MANAGER DAVID W SAPP DIRECTOR OF COMMUNITY SERVICES JANUARY 18 2007 SUMMARY - ANIMAL SHELTER COSTS Attached please find a summary sheet outlining the total cost per year for each of the options available for consideration by the City The back up Informallon for each opllon IS provided to help clarify any questions you may have The budget figures are conservative numbers but very close to the actuals and figures I feel very comfortable With The operations portion of the City projects (In the back up material) reflects the removal of the field services contract which IS based on our estimate proVided by the County (Animal Friends IS only $14 000 higher than the County) cd Attachments c Director of Administrative Services Finance Manager Information and Communications Manager AGEND:l. ITEM NO 3=+ PAC;:~OF L!:j'g' CITY OF LAKE ELSINORE ANIMAL SHELTER COSTS SUMMARY CITY CITY YEAR SCFA COST PRE FAB CONSTR PERM 1/2008 $680 334 $2451 788 $5451 788 1/2009 $769 766 $1 961 396 $1 961 396 1/2010 $781 732 $713168 $713168 112011 $795 172 $734 563 $734 563 1/2012 $808 698 $756 600 $756 600 1/2013 $822 354 $779 298 $779 298 1/2014 $836 143 $802 677 $802 677 1/2015 $851420 $826 757 $826 757 1/2016 $866518 $851 560 $851 560 1/2017 $882 305 $877 107 $877 107 1/2018 $897 640 $903 420 $903 420 1/2019 $914606 $930 522 $930 522 1/2020 $931 666 $958 438 $958 438 1/2021 $948 843 $987191 $987191 1/2022 $967 478 $1016807 $1 016807 1/2023 $984 849 $1 047 311 $1047311 1/2024 $1 004 971 $1078730 $1 078730 1/2025 $1023825 $1111092 $1 111 092 1/2026 $1 044 163 $1 144425 $1 144425 1/2027 $1065927 $1 178758 $1 178758 1/2028 $1 086404 $1 214121 $1214121 1/2029 $1 109578 $1 250 544 $1 250544 1/2030 $1 132752 $1 288 061 $1 288061 112031 $1 155948 $1326702 $1 326 702 1/2032 $1 179186 $1 366 503 $1 366503 1/2033 $1205149 $1 407 499 $1407499 112034 $1 230918 $1 449 723 $1449723 1/2035 $1 256 640 $1 493215 $1493215 1/2036 $1284999 $1 538012 $1538012 1/2037 $1311878 $1 584152 $1584152 TOTAL $29 831 861 $35030139 $38 030 139 Reflects 3/ annual Increase AGENDA ITEM NO r "51- PAG;:~OF /5'K SCFA COST PROJECTIONS FIELD YEAR BOND DEBT SHELTER SERVICES JPA TOTAL 1/08 $265 590 $229 524 $180220 $5 000 $680 334 1/09 $342 730 $236410 $185627 $5 000 $769 766 1/10 $342 035 $243 502 $191 195 $5 000 $781 732 1/11 $342 434 $250 807 $196 931 $5 000 $795 172 1/12 $342 528 $258 331 $202 839 $5 000 $808 698 1/13 $342 348 $266081 $208 924 $5 000 $822 354 1/14 $341 887 $274064 $215192 $5 000 $836 143 1/15 $342 487 $282 286 $221 648 $5 000 $851 420 1/16 $342 467 $290 754 $228 297 $5 000 $866518 1/17 $342 682 $299 477 $235146 $5 000 $882 305 1/18 $341 978 $308 461 $242 201 $5 000 $897 640 1/19 $342 424 $317715 $249 467 $5 000 $914606 1/20 $342 469 $327 246 $256 951 $5 000 $931666 1/21 $342 120 $337 064 $264 659 $5 000 $948 843 1/22 $342 703 $347176 $272 599 $5 000 $967478 1/23 $341 481 $357 591 $280 777 $5 000 $984 849 1/24 $342 452 $368319 $289 200 $5 000 $1 004 971 1/25 $341 581 $379 368 $297 876 $5 000 $1 023825 1/26 $341 601 $390 749 $306812 $5 000 $1 044163 1/27 $342 438 $402 472 $316017 $5 000 $1 065 927 1/28 $341 361 $414546 $325 497 $5 000 $1 086 404 1/29 $342 333 $426 982 $335 262 $5 000 $1 109578 1/30 $342 640 $439 792 $345 320 $5 000 $1 132752 1/31 $342 283 $452 985 $355 680 $5 000 $1155948 1/32 $341 261 $466 575 $366 350 $5 000 $1 179186 1/33 $342 236 $480 572 $377 341 $5 000 $1205149 1/34 $342 268 $494 989 $388661 $5 000 $1230918 1/35 $341 480 $509 839 $400 321 $5 000 $1 256 640 1/36 $342 534 $525 134 $412330 $5 000 $1 284 999 1/37 $341 289 $540 888 $424 700 $5 000 $1311878 TOTAL $10188,120 $10919700 $8574041 $150 000 $29831 861 Reflects 3% annual Increase ACEN[;'.\ ITEM NO ~ PACi:~OJ: /.1K . CITY OPERA TED COST PROJECTIONS PRE FABRICATED ANIMAL SHELTER AND DOG PARK FIELD YEAR SHELTER SERVICES OPERATIONS TOTAL 112008 $1500000 $168000 $783 788 $2451 788 112009 $1 269 000 $173040 $519356 $1 961 396 112010 $0 $178231 $534 937 $713168 112011 $0 $183578 $550 985 $734 563 112012 $0 $189085 $567514 $756 600 112013 $0 $194758 $584 540 $779 298 112014 $0 $200 601 $602 076 $802 677 112015 $0 $206619 $620 138 $826 757 112016 $0 $212817 $638742 $851 560 112017 $0 $219202 $657 905 $877 1 07 1/2018 $0 $225 778 $677 642 $903 420 112019 $0 $232551 $697 971 $930 522 1/2020 $0 $239 528 $718910 $958 438 112021 $0 $246 714 $740477 $987 191 112022 $0 $254115 $762 692 $1 016807 112023 $0 $261 739 $785 573 $1 047311 112024 $0 $269591 $809 140 $1 078 730 112025 $0 $277 678 $833414 $1111092 1/2026 $0 $286 009 $858416 $1 144 425 112027 $0 $294 589 $884 169 $1 178758 112028 $0 $303 427 $910694 $1 214121 112029 $0 $312529 $938015 $1 250 544 1/2030 $0 $321 905 $966 155 $1 288 061 112031 $0 $331563 $995 140 $1 326 702 1/2032 $0 $341 509 $1 024 994 $1 366 503 1/2033 $0 $351 755 $1 055744 $1 407 499 112034 $0 $362 307 $1 087416 $1 449 723 112035 $0 $373 177 $1 120039 $1493215 112036 $0 $384 372 $1 153640 $1 538012 112037 $0 $395 903 $1188249 $1 584152 TOTAL $2 769 000 $7 992 670 $24 268 469 $35 030 139 Reflects 3% annual Increase Reflects Initial capitalization cost 2008 Animal Shelter FacilIty/Phase I 2009 Dog Park ConstructlonJPhase " AG!:NCIl, ITEM NO PAO;: 4-lf < ~-=t OF If) 'f CITY OWNED SHELTER OPTION PRE FABRICATED FACILITY SHELTER IMPROVEMENTS 10 000 sq ft Shelter @ $150 per sq ft w/adoptIon center 68 mdoor/outdoor kennels cattery laundry offices retall food prep. spay/neuter exam room and storage SUBTOTAL SHELTER IMPROVEMENTS $1.500.000 $1,500,000 PARK IMPROVEMENTS Park DesIgn and ConstructIon Documents $ 20 000 Infrastructure and Meters $ 75 000 Concrete Paymg (4 thIck) 12 000 sq ft @ $7 per sq ft $ 84 000 Concrete Curb (paymg) 2000 LF @ $10 per LF $ 20 000 AC PaVIng w/StrIpmg 25 000 sq ft @ $3 per sq ft $ 75 000 Concrete Mow StrIp 1 000 LF @ $10 per sq ft $ 10 000 SoIl Prep and Fme Gradmg 176892 sq ft @ $025 per sq ft $ 44 223 ImgatIon (Auto) 176892 sq ft @ $1 50 per sq ft $ 265 338 Turf (Hydorseed) 174777 sq ft @ $0 10 per sq ft $ 17477 Shrubs 5 gallon 200 @ $20 each $ 4000 Trees 15 gallon 24 box 150 @ $100 each 100 @ $265 each $ 15 000 $ 26 500 Shade Structure 650 sq ft @ $15 per sq ft @ 3 each $ 29 250 SIte Funushmgs PICnIC Tables w/Slab 15 @ $2 600 each $ 39 000 1 AGI:NIJ'" ITEM NO 3=i- PAGE~OF J5g Benches 10 @ $900 each $ 9000 Trash Receptacles 8 @ $600 each $ 4800 LightIng Pedestrian Lights @ 22 @ $2 000 each $ 44 000 Parkmg Lot Lights @ 12 @ $4 000 each $ 48 000 Dnnkmg Fountams 2 @ $3 000 each $ 6000 Restroom BUlldmg 1000 sq ft @ $150 per sq ft $ 150000 Park Monument Sign $ 7000 Trash Enclosure $ 10 000 Fencmg -4 In Height @ 5 000 LF @ $35 LF $ 175000 6 Wrought Iron @ 500 LF @ $60 LF $ 30 000 Corrals 4 Corrals @ $15.000 each $ 60.000 SUBTOTAL PARK IMPROVEMENTS $1,268,588 SUBTOTAL SHELTER IMPROVEMENTS $1,500,000 TOTAL PROJECT $2,768,588 2 ACE:tmA ITEM NO 3=t PAC'2~OF_J-t)l\ CITY OPERA TED COST PROJECTIONS CONSTRUCTED PERMANENT ANIMAL SHELTER AND DOG PARK FIELD YEAR SHELTER SERVICES OPERATIONS TOTAL 1/2008 $4 500 000 $168000 $783 788 $5 451 788 1/2009 $1 269000 $173 040 $519356 $1 961 396 1/2010 $0 $178231 $534 937 $713168 112011 $0 $183 578 $550 985 $734 563 112012 $0 $189085 $567514 $756 600 112013 $0 $194758 $584 540 $779 298 112014 $0 $200 601 $602 076 $802 677 112015 $0 $206619 $620 138 $826 757 1/2016 $0 $212817 $638742 $851 560 112017 $0 $219202 $657 905 $877 107 112018 $0 $225 778 $677 642 $903 420 1/2019 $0 $232551 $697 971 $930 522 1/2020 $0 $239 528 $718910 $958 438 1/2021 $0 $246714 $740477 $987 191 1/2022 $0 $254115 $762 692 $1016807 112023 $0 $261 739 $785 573 $1047311 112024 $0 $269 591 $809 140 $1078730 1/2025 $0 $277 678 $833414 $1 111 092 112026 $0 $286 009 $858416 $1 144425 112027 $0 $294 589 $884 169 $1 178758 1/2028 $0 $303 427 $910694 $1214121 1/2029 $0 $312529 $938015 $1 250 544 1/2030 $0 $321 905 $966 155 $1 288061 112031 $0 $331 563 $995 140 $1 326 702 1/2032 $0 $341 509 $1 024 994 $1 366 503 1/2033 $0 $351 755 $1 055744 $1407499 112034 $0 $362 307 $1087416 $1 449 723 112035 $0 $373 177 $1 120039 $1493215 1/2036 $0 $384 372 $1 153640 $1538012 112037 $0 $395 903 $1 188249 $1584152 TOTAL $5 769 000 $7 992 670 $24 268 469 $38 030 139 Reflects 3% annual Increase Reflects Imllal capltallzallon cost 2008 Ammal Shelter Facility/Phase I 2009 Dog Park Construction/Phase II ACWl: \ ITEM NO , 9=t- PACE40F 15~ CITY OWNED SHELTER OPTION CONSTRUCTED PERMANENT FACILITY SHELTER IMPROVEMENTS 10 000 sq ft Shelter @ $450 per sq ft w/adoptlOn center 68 Indoor/outdoor kennels cattery laundry offIces retaIL food prep. spav/neuter eXaIll room and storage SUBTOTAL SHELTER IMPROVEMENTS $4.500.000 $4,500,000 PARK IMPROVEMENTS Park DesIgn and ConstructIOn Documents $ 20 000 Infrastructure and Meters $ 75 000 Concrete PavIng (4 thIck) 12000 sq ft @ $7 per sq ft $ 84 000 Concrete Curb (pavIng) 2000 LF @ $10 per LF $ 20 000 AC PavIng w/StrIpIng 25 000 sq ft @ $3 per sq ft $ 75 000 Concrete Mow StrIp 1000 LF @ $10 per sq ft $ 10 000 SoIl Prep and FIne Gradmg 176892 sq ft @ $025 per sq ft $ 44 223 ImgatIon (Auto) 176892 sq ft @ $150 per sq ft $ 265 338 Turf (Hydorseed) 174777 sq ft @ $0 10 per sq ft $ 17477 Shrubs 5 gallon 200 @ $20 each $ 4000 Trees 15 gallon 24 box 150 @ $100 each 100 @ $265 each $ 15000 $ 26 500 Shade Structure 650 sq ft @ $15 per sq ft @ 3 each $ 29 250 SIte Furrushmgs PICDlC Tables w/Slab 15 @ $2600 each 1 $ 39 000 AGENDA ITEM 1'<0 3=t PAC;: 5<0 OF-L5K- Benches 10 @ $900 each $ 9000 Trash Receptacles 8 @ $600 each $ 4800 Lightlllg Pedestnan LIghts @ 22 @ $2 000 each $ 44 000 Parklllg Lot Lights @ 12 @ $4 000 each $ 48 000 Dnnklllg Fountallls 2 @ $3 000 each $ 6000 Restroom BUlldlllg 1 000 sq ft @ $150 per sq ft $ 150000 Park Monument SIgn $ 7000 Trash Enclosure $ 10 000 Fenclllg -4 In HeIght @ 5 000 LF @ $35 LF $ 175000 6 Wrought Iron @ 500 LF @ $60 LF $ 30 000 Corrals 4 Corrals @ $15.000 each $ 60.000 SUBTOTAL PARK IMPROVEMENTS $1,268,588 SUBTOTAL SHELTER IMPROVEMENTS $4.500.000 TOTAL PROJECT $5,768,588 2 ACENDA ITEM NO 3~ PAGE-22L.OF--1S8' CITY OF LAKE ELSINORE ANIMAL CONTROL PROPOSED BUDGET PERSONNEL SERVICES 10-10 Regular Employees 10-20 Temporary Employees 10-30 Overtime 10-40 thm 10-90 Benefits TOTAL PERSONNEL SERVICES CONTRACTUAL SERVICES 20-01 AdvertIsIng 20-02 Commumty PromotIOn 20-10 OutsIde AutomotIve 20-11 Fuel and 011 20-13 Insurance 20-15 EqUIpment Mamtenance & Reparr 20-16 MaIntenance/Reparr BUIldmgs & Grounds 20-17 Postage 20-18 PublIcatIons & Memberslups 20-19 Rent of EqUIpment 20-20 ProfesslOna1ffechmcal & ServIces 20-22 Travel and Meetlng 20-23 TraInIng and EducatIon 20-24 Electncal 20-25 Gas ServIce 20-26 Water 20-27 Telephone TOTAL CONTRACTUAL SERVICES MATERIALS & SUPPLIES 30-10 JanItonal SupplIes 30-20 MaIntenance & Reparr Matenals 30-30 Office SupplIes 30-33 SpeCIal Departlnental SupplIes 30-40 Tools, Etc TOTAL MATERIALS & SUPPLIES Year 1 $205,647 $ 0 $ 10,000 $114,641 $330,288 Year 2 $211 816 $ 0 $ 10 500 $118,080 $340,396 $ 2,000 $ 3000 $ 5000 $ 8000 $ 0 $ 3000 $ 5000 $ 5000 $ 1000 $ 0 $200 000 $ 5000 $ 5000 $ 20,000 $ 1,000 $ 15 000 ;$ 2,000 $280 000 $ 2,000 $ 3000 $ 5000 $ 8000 $ 0 $ 3000 $ 5,000 $ 5000 $ 1000 $ 0 $206 000 $ 5000 $ 5000 $ 20 000 $ 1000 $ 15,000 $ 2,000 $286 000 $ 8000 $ 2000 $ 5,000 $ 20 000 ;$ 2,000 $ 37 000 $ 8000 $ 2000 $ 5000 $ 20,000 $ 2,000 $ 37 000 ACENOA ITEM NO ,-3 =t PAGi: "lri. OF t '18' . CAPITAL OUTLAY 40-20 Improvements other than BUI1dmgs 40-30 Office FUrnIture and EqUIpment 40-40 AutomotIve EqUIpment 40-50 Machmery and EqUIpment TOTAL CAPITAL OUTLAY Year 1 $ 75 000 $ 20 000 $ 35 000 $174.500 $304,500 Year 2 $ 15 000 $ 2000 $ 0 $ 2.000 $ 19000 TOTAL BUDGET $951 788 $682 396 ACENCA ITEM NO , .:::5=1- PAC: 3.3 of.Jf)8; PERSONNEL Salary Benefits Total Seruor AmmaI Control Officer $ 59 013 $ 34 063 $ 93 076 Office SpeCialIst I $ 22,752 $ 10 466 $ 33,218 Office Speclahst I $ 22 752 $ 10,466 $ 33 218 MaJ.ntenance Worker I $ 33 710 $ 19882 $ 53 592 Mamtenance Worker I $ 33 710 $ 19 882 $ 53 592 MaJ.ntenance Worker I $ 33.710 $ 19.882 $ 53.592 TOTALS $205,647 $114,641 $320 288 CAPITAL OUTLA YIEOillPMENT Computers/Software and IT/CommurucatlOns EqUlpment Office FurnIture - 10 Offices @ $1 200 ea 15 StaJ.nless Steel Pens/4 Plex @ $2 500 ea Safe TOTAL CAPITAL OUTLA YIEQUlPMENT $120000 $ 12 000 $ 37 500 $ 5.000 $174,500 ACCOUNT 20-20/PROFESSIONAL AND OTHER SERVICES Fleld ServIces Contract Vetennary ServIces Ammal DISpOSal Software Llcensmg Janltonal TOTAL $168000 $ 10 000 $ 5000 $ 7000 $ 10.000 $200 000 ACCOUNT 30-33/SPECIAL DEPARTMENTAL SUPPLIES ArumaI Food Micro Clups MewcatlOns Miscellaneous TOTAL $7000 $ 5,000 $6000 $ 2.000 $20 000 AOENCG.ITEM NO~ PAc::~oU5~ " County of Riverside CommunIty Health Agency Department of Ammal Services (With carpool expense and mOlntenance) City of Lake Elsinore Field Services Personnel Ammal Control Officer 1 FTE Salary Benefits Workers Compensation Sub total Salaries/Benefits ..Stand by Animal Control Officer Time @1 0 hours/mo x $47 OO/hour x 12 mos Mileage @ 42/mlle x 100 miles/mo X 12 mos Sub total Standby Expense Operational Expense Supplies and Other Charges Supplies and Other Charges $24 359 (Umforms communicatIon equIpment hand tools pharmaceullcals over head etc I Animal Control Truck Box (1 time expense) $19500 Truck Box A/C Unit (1 time expense) $4500 Carpool Expense Truck (Lease/Maintenance) $6970 Sub Total Operational Expense $55329 I TotalCost ACO $110190 $31 702 $15911 $1105 $48718 $5 640 $504 $6144 Ammal License Inspector 1 FTE Salary Benefits Worker's CompensatJon Sub total Salaries/Benefits Operalional Costs Supplies and Other Charges Supplies and Other Charges (Uniforms commumcallon equipment over head etc I Carpool Expense Economy Car (Lease/Maintenance) Sub Total Operational Expense I Total Cost All II Grand Total Field Services Animal License $28414 $14261 $1 105 $43 780 $9 377 $4 500 $13877 $57 656 I $167846 II Comments IntervIew process for Ammal Control Officer should be participatory and Include both the City of lake ElSInore and the County of RiverSIde Amounts are estimates and may change depending on actual use as of 9/29/06 PMH ACENO!l, ITEM NO PM;: 5lS 3--=t- OF I.f}g Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Page I of2 ~ " > T\Il'flke{~_ >Afford~' > Fully Insulated > Durabli t I > low M<M~nc~ ~m y c I OLO(lY L 't~~~DO~8 } 0il OOU! ~l!illncr'i Ii: .'IUI~U We love dogs That s why we ve dedicated our lives to creating humane places for them to live After all a good home makes for a good dog And good homes are exactly what we deliver Besides being very affordable virtually Indestructible and reqwnng very little maintenance our kennels are humane From sheltenng caOlnes who serve homeland secunty to providing temporary homes for the lost abandon and abused to creating luxury sUites for dogs of leisure our shelters are counted on by thousands of owners across the country More than that we ra flexible We can work with you to create custom desIgned kennels from the ground up taking great care of every aspect and phase of constructIon Or we can do retrofits to update your current facIlity Best of all because everything IS pre fabricated and pre engineered most projects can be bUilt within 120 days Look through thiS Site and see all that we have to offer then contact uslor additional HRormatlon If you re unsure about who should bUild your structure here are some IlTIIllU1ant conSiderations http Ilwww houndquarters com/mdex php Our adoption center m Mar was buJ/t by Houndquarters are extremely satisfied with of the bUlldmg It IS aesthetl to the eye and effiCiently de makmg ft easy to mamtam recommend Houndquarters who IS wantmg to buJ/d an a TOni DavIs Director Burke County Fne Animals Inc Morganton NC . UlnHIIlf..,aHIIt Get a copy of our brochure ~-,,&~..~. 3=1- OF_IS'/) ACENli~ ITEM NO PAO;: ~(f 11/2/2006 Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Products and ServIces Page I of2 Products & Services > Boarding & Training Kennels )I Humane Shelters > Luxury SUltee:; > Betrofit & Remodels > BluJillflnt S€'IVlce Since 1991 the Houndquarters Modular Kennel System has been the premier chOice for Humane Societies Ammal Control & Rescue Centers ASPCA groups vetennary climcs and boarding kennels across the country Not only for Its utility and durability but also for Its qUick construction and affordabllity Because our kennels are prefabncated they can be assembled In a few days Instead of a few months saving you both time and money But as you II see It IS the combination of both our products and our services that make us the top dog In the Industry Boarding I Tralnmg Kennels Solutions deSigned specifically to meet the needs of boarding and training kennels Humane SlJellerJ; Solutions deSigned specifically to meet the needs of humane shelters 1-1IXury SUites We also provide shelters for dogs of leisure Learn more about how we can help you customIZe the Intenor of your facility Retrofit I Remodels Ollen for the fracbon of the pnce of what It takes to maintain your eXIsting kennel you can have a like new Houndquarters Kennel system Installed In your bUilding http //wwwhoundquarters corn/products servlces/mdex php ACCI!J > Canlr )> Soun Pane }- Kenn > Autor > CalT > Dog [ Our ado! Morganto Houndqu are extre! the effiCI€ bulldmg j pleasmg I effiCiently It easy to recomme to anyonE bUIld an Tom Dav Director I Fnends f( Morganto J.lBATl P1U),J 't> BartlE > Soutl Coun > Bay ( Shelt ACENC~ ITEM NO 3-=i- PAC;:."S7 OFJ5~ I 1/2/2006 Humane Shelters and Boardmg Kennel Bmldmgs Houndquarters Humane Shelters Humane Shelters ~ Boarding & Training Kennels ). Humane Shelters ). Luxury SUItes ~ R<;tl[9fit & Remodels > Bluepnnt Service We use only the very best time proven matenals to build modern shelters The extenor sidIng IS termite resistant fire rated and backed by a full 50 year guarantee It will stand up to any and all abuse that dogs can dish out The Infrastructure IS tough too The rafters purhnes and girts are hot dipped galvanized steel whIch eliminates rusting and the need for painting The I Beams eave wall channels extrUSions and stall fronts are anodized aluminum which eliminate rust and corrOSion from water mOisture and dog excretions Top dog insulation throughout To keep dogs warmer In the winter and cooler In the summer (and to cut down on your utility bills ,) we use some of the best Insulated matenals aVailable The exterior wall panels have an insulation value of R 16 7 the roof panels are R 30 and the combinatIon gUIllotine dog doors are R 649 What s more even the windows doors and skylights are Insulated creating cozy and comfortable environment for canines and caretakers alike The tYPical kennel consists of follOWing matenals ~ Insulated Roof Panel System (that covers all the bUilding and the Indoor and outdoor runs ~ Insulated Wall Panels ) Insulated Skylights Page I of2 fleDI >Camr ) Soun Pane > Kenn > Autor > CatT ) Dog [ .. ,..- Our ado] Morganto Houndqu are extrel the efficfe bUlldmg J pleasing I efficIently It easy to recomme to anyone build an TOni Dav Director I Fnends fc Morganto IlM1'1 .-Ro.I J- BartlE , Soutt Coon > Bay ( Shell ACENDIl.ITEM NO PAC: ~~ a=t OF (,CS~ http //www houndquarters com/products servlCeslhumane shelters php 11/2/2006 Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Humane Shelters Page 2 of2 > Insulated Single Slide Windows > Insulated Walk Doors > Galvanized Purllns > Anodized Aluminum I Beam Column > Anodized Aluminum Eave Wall Channel > Anodized Aluminum Comer Extrusion > HQ Anodized Aluminum Bar Stall Fronts > HQ Solid (bottom) Partition DIVider Panels with Aluminum Bar Grill (top) > Insulated Combination GUillotine Dog Door To bUild a healthy clean and easy to mamtam shelter several key factors must be obeyed )0 You must have an expenenced contractor pour a foundation that allows for perfect drainage > You must supply good ventllallon In both the kennel and commercial areas which our system allows > You must have matenals that withstand the dally onslaught of animals and corroSive liqUids such as chemical cleaners water and unne which our materials do Here are some Important conSiderations when selecting someone to build your structure Home Products & Servrce" Why We re Better ThE' Process Pnung How To Order Contact @ 2006 Houndquarters Site by Bohnsack Design http Ilwww houndquarters com/products servtces/humane shelters php ACiEND:\ ITEM NO .~ =t PAOE~OF.-I5B'" ] 1/2/2006 Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Important Conslderah Page I ofl )> Important ConSlderatlons Important Considerations A few key and Important factors to consider when planning your easy to maintain easy to clean kennel/shelter are (1) use only matenals that can withstand the abuse of animals and liqUIds (chemicals water unne etc) (2) make sure the concrete slab IS deSigned with proper drainage and (3) adequately supply of an appropnate mix of ventllalion and alf exchange In the kennel section separate from the commercial section ~ Houndquarter s uses a hot dipped galvanized steelonfrastructure and anodized aluminum We do not use any wood (which could rot or decay) or any concrete block (which holds mOisture and odor and often appears dark and dingy) ~ Dunng the structural englneenng phase the concrete slab IS deSigned and engineered to Include the trench drain system with the appropnate slopes We also IOSlst on uSing a dense concrete (3000 to 4 500 pSI) to Increase durability and reduce absorbllon of mOisture and orders ~ Dunng the HV AC englneenng phase the ventilation and air exchange IS calculated to provide a healthy m"cture of circulation based on the size and specific reqUIrements of the kennel and the commercial secbon The Slor bUlJtm2G weathere pllbulls, employe€ has alW8j when son broken b washed a Allen Pet Sr Amm City of St FEATI PlUM ~ BartlE ~ Soutl Coun ~ Boy ( Shell .!::!ome Eroducts & Services WjJy}fJe fa Better The Process ErLcmg How To_Order Contact @ 2006 Houndquarters SIte by Bohnsack DeSign AGEN~I\ITEM NO ~ PAGe CeO OF -1.CjR" I 1/2/2006 http //www houndquarters com/why were betterltmportant consIderations php Humane Shelters and Boardmg Kennel Bmldmgs Houndquarters Bay County Ammal S Page I ofl Bay County Ammal Shelter The Bay County Animal Shelter ,s located ,n Panama City Flonda It Includes 100 ,ndoor/outdoor kennel runs a large commerc,al secbon w,th offices and reta,l a cattery food prep area exam room and a laundry room fac,lIty Th,s Shelter was completed 'n 2005 I :3 "" (\1<- f!:,t!--{{/"'( f6s-0) 7t 7-3?l3 vlvW '0 1,"1/ -H vs - ~i1 (OOM - fLd"lc,t ~,~~ rtwtl I:j \ tv\ HoundqL receptive reqUJrem( control fa County a Imp/emer mto a WOI which IS The fac/111 camp/em from Its 0 deSign to cleanmg ImpressIV lack of 00 assocIate We are Vt the envlrc Houndqu provides I VISItors to Mary Klrl DIvISion f\ Bay Cant DATI PRO.J > Bartl, >- Soutt- Coun ; Bay ( S11el\ Ho ne Products & Services WIlY \/Ve rE' SpHer The Process Pnclng How To Order Contact o 2006 Houndquarters Site by Bohn<:.a( I< DeSIgn AGENDA ITEM NO 3-=1- PACE ~ I OF -1,~ C{ 11/2/2006 http //www houndquarters com/case study3 php Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Southern Brazona Cou Page I ofl Southern Brazoria County Ammal Shelter The Southern Brazona Animal Shelter IS located In Lake Jackson Texas It Includes 88 .ndoor/outdoor kennel runs a large commercial section with offices and reta.1 a cattery food prep area exam room and a laundry room fac.llty Th.s Shelter was completed .n 2003 ( 6\1'D ?-~~o ?%~~ '" \ ) d'~ '" ~ 'bOO 5{ ~/ \ \ "-fi~ foO L~ '" Ra..-.SLj \..f\IP' C .Jv-t ~,~V ~ HoundqL receptIVe reqUlremf control fa County a Imp/erner mto a WQf which IS The facJll1 camp/em from Its 0 design to cleamng ImpressfV lack of 00 associate We are VI the enVf(C Houndqu provides l vIs/tors to Mary Klrl DIvIsion f\ Bay Cent FIlATI PilOJ l' BartlE } Soutt Cotn 'Bay ( <;hf'lt Home Products & Services Why We re Better The Process Pnclng How To Order Contact 02006 Houndquarters Site by Bohns iLk Design AGt:NDAITEM NO~ PAOE & ~ OF -1 tiR 11/2/2006 http //www houndquarters com/case study2 php Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Bartlett Ammal Shelter Page I of2 Bartlett Ammal Shelter The Bartlett Animal Shelter located In Bartlett TN IS a 6 585 sq It Insulated kennel bUilding system It Includes 48 Indoor/outdoor kennel runs a large commercial section with offices and retail a cattery food prep area exam room and a laundry room faCility ThiS Shelter was completed In Apnl 2003 HoundqL receptIVe reqUlremt control fa County a Imp/emer mto a WQf which IS The facllJl camp/em from/Iso design to cleanmg ImpresslV lack of 00 associate We are VI the envlrc Houndqu proVIdes I VIsitors to Mary Korl DIVIsion f\ Bay Cont fEAT1 PROd BartlE > Soutt Coun G 'y ( Stwl HornE' Products & ServIces Why We rf' Better The Process Pricing How TO Order Co IIKt ACENO~ ITEM NO PACE fR.? OF 1112/2006 3-=+ IPjR http //wwwhoundquarterscom/case study 1 php Humane Shelters and Boardmg Kermel BUlldmgs Houndquarters Background InformatI Page I ofl About Us Located In Phoenix Anzona Houndquarters has been providing state of the art kennel systems Since 1991 Our kennel systems are perfectly sUited for humane SOcieties humane shelters animal control and rescue ASPCA groups vet chmcs and commercial boarding kennels Today Houndquarter s IS the sole source for prefabncated dog kennel bUildings In North Amenca The Slo' bUill In 20 weathere pllbulls I employee has alwa) when son broken b washed a Allen Per Sr Amm City of St, ,SAT1 PBO';l , Bartl, , Soutl Coun 'Bay ( Shelt t!OJ)1€ Products &_Servlces Why WeJe Better The_~ocess Prlcmg How To Order Co..nta..c.t <!') 2006 Houndquarters Site by Bohnsack Design AGENC:< ITEM NO 3=t- PACr~~OF 168' 11/2/2006 http //www houndquarters com/about/mdex php Humane Shelters and BoardIng KermeI BUIldIngs Houndquarters Why Were Better Page I of2 ) Important Considerations Why We're Better We know what dogs and owners want Why are we better? It s simple We started with the needs of dogs and kennel owners and then tumed our attenbon to selecting only the best bUilding matenals that would endure years of abuse Plus we wanted to design and bUild safe and humane spaces that also support the dally needs of owners and operators Houndquarters Kennel Systems deliver all that and more The Modular Difference All Houndquarters Kennel Systems are pre engineered and prefabncated to prOVide turnkey solullons for new bUildings as well as additions and retrofits to eXisting structures You II find that no kennels In the Industry are as adaptable affordable Insulated durable or as low maintenance as Houndquarters Each of our Kennel BUildings are made to handle what dogs dish out day after day year after year Meanwhile the Commercial Section of our bUildings are deSigned for maximum functionality and comfort for owners operators and customers They are complete with waiting and retail areas and even grooming or operating areas If requested The Key Component The HQ Wall Panel IS the most Important component used In our bUildings I 1 7 I f.bergtM,."'tnfmrW plastIC or statnle.. ,teellllne{ panel for ea'" ofdea",upcand long lit;, I Pl'<!fabrkated wllll foam InsulatIon for energy", 1 mrn:!!!ncy and durability J ~ ,I + Laminated QUI'", pall<!! fui' 0 ( ..sthetJC appsranCl! I and protedlon from harsh wealller " The Sto, built In 20 weathere pIt bulls f employe€ has alw8J when son broken b washed a Allen Per Sr Anlm City of St, ,11.1\ 'it IiJlOJ )- BdrtlE '} Soutr Coun > Bay ( Shel AGENDA ITEM NO PAC':: If fj :3~ lJF_[.'i~ http //wwwhoundquarters com/why were better/Index php 11/2/2006 Humane Shelters and Boarding Kennel BUIldings Houndquarters Why Were Better Page 2 of2 Three and a half Inches thick It IS the literal workhorse that IS necessary and Ideal for kennel enVIronments The HQ wall panel core IS made up of an expanded polystyrene core (EPS) The extenor Side IS laminated with the Hardlpanel@ It s 5/16 In thick and comes with a 50 year warranty The best part IS even though all this IS prefabncated you can stili pick your chOice of color The Intenor Side of the panel IS laminated with fiberglass and reinforced plastic offenng the greatest strength and durability available HQme Products & Services Whv We fa Bette...r The Process Pncma How To Order Contact @ 2006 Houndquarters SIte by Bohnsack Deslon http //WWW houndquarters com/why were better/Index php AGENC~ ITEM I~O 3.:t PAC;2-.l.t4-- OF -1 S ~ 11/2/2006 Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Process Page I of2 The Process What you can expect from us every step of the way It all begins with a conversation Besides sheltering animals what do you need your structure for? How many animals and operators does It need to accommodate? Is It private or public facility? Do you need grooming facilities? Who IS your market? Where are you With your site selectlorl and approval process? What s your tlmeline? Have you thought about future additIOns? Do you need to plan for growth? We II ask you a lot of questions and we II listen closely to everything you say We re your partner and want you to get the best kennel for your budget Consultation Our free consultabon will help you ask better quesbons- so you can zero In on the features you need most and avoid overlooking something you might need We can also direct you to the locabons of the kennels shelters and cllmcs that we ve bUilt so you can see for yourself how our faCilities standup to harsh kennel conditions If you haven t already VISit the Reauest Info oaae to bealn the Reauest For Pronosel Drocess Design Blueprmt After the consultabon we II begin designing plans ThiS service Includes a preliminary floor plan bUilding section and a black & white artist rendering from $500 Besides helping you clarify your planning and vISion you may need these to present to board members for design and funding approval Interview contractors obtain planning and zOning approval and apply for financing For an addItional $250 you can request color renderings TYPically non profit organizations request color rendenngs for fund raising events to foster community support and to raise awareness around animal welfare Quote on Materials When the plans are accepted and approved we can Immediately go to the Engineering Phase of the process Our ado} Morganto Houndqu are extrel the efffcle bUlldmg I pleasmg I efficfent/y It easy to recomme to anyone bUIld an TOni Dav Director I Friends f( Morganto 17.41'1 Pit., > Bartl, > Soutl Coun > Bay ( Shell ACEN~A ITEM NO 3-=t PAC;: If? OF-1.t)g 11/2/2006 hUp //wwwhoundquarterscom/process/mdex php Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Process . e A purchase agreement will be entered Into and depending on the requirement of the project an onslte VISit may be necessary Englneenng Plans Created This service Includes the pre engineered bUilding plan (Structural) the Foundation plan and anchor bolt layout Plans are wet stamped certified by a licensed engineer for the county In which the kennel Will be erected This service IS Included with a signed Purchase Agreement Conceptual Detailed illustrations Made This service IS available however not always required A general contractor may request additional details from the bluepnnts for specialized bids Conceptual detailed IlIustralions are $750 and up Matenals Delivered As soon as a contractor has been selected the bUilding permits finalized and the foundation poured we can deliver the matenals to the Job site BUilding Erected Since the Houndquarter s Infrastructure IS a pre engineered hot dipped galvanized steel bUilding the kennel system can be erected qUickly and efficiently For projects to be erected by either the owner or a contractor hired by the owner a factory consultant IS provided to help oversee this process The consultant IS usually on site for 3 5 days depending on the size of the project Grand Opening I EnJoy your new kennel and howl at the moon BACK TO TOP Page 2 of2 Home Products & ServIces Why We fe Better The Process Pncln.Q How To Order Contact 02006 Houndquarters Site by Bohnsack Des an AG::r.~A ITEM NO PAOC ~ ex 3~ OF IS~ , http //wwwhoundquarters com/process/mdex php 11/2/2006 Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Pncmg Page I ofl Prlcmg FlexIble Pricing Based On Your Needs We offer you multiple choices for how you work with us and our pnces reflect It Everything-from Designing to Building From $110 per sq It Includes the engineered plans concrete slab trench drain system bUilding matenals including kennel runs plumbing electnc and the HV AC Other details such as the electncal and plumbing fixtures are also provided and l11Stalled The construction service IS provided by our contractor who IS an expert In the kennel bUilding field BUilding Assembly Only Approx $75 to $80 per sq It Includes the engineered plans bUilding matenals for the kennel bUilding and kennel runs We will erect the kennel bUilding and Install the kennel runs Including the stall fronts partition panels and dog doors on your prepared site and concrete slab BUilding Matenals Only Approx $65 to $70 per sq It Includes the engineered plans bUilding matenals for the kennel bUilding and kennel runs We will also provide an on site Factory Consultant to provide dlleclion for your local contractor In erecting the bUilding and Installing the kennel runs Houndql receptive reqUJremf control fa County a Imp/emer mto a waf which IS The facllll camp/em froml/so deSign to cleanmg fmpresslv Jack of 00 associate We are VI the envlrc Houndqu provides I VISitors to Mary Klrl DIVISion 1\ Bay Cont FElt 'fl P.... > Bartl, }; Sautt Co un > Bay ( Shelt Ho np Products & ServIces Why We e Better The Process Pncmg How To Order Contact 02006 Houndquarters Site by Sohns';l{ k DeSign AGEND~ ITEM r.o 3'=t PAO;:~OF_16~ 11/2/2006 hltp //www houndquarters com/pncmg/mdex php Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Bluepnnt ServIce Blueprint Service )0 Boardfng & Tralnmg Kennels ) Humane Shelters ) Luxury SUite<=; ) Retrofit & Remodels ) Bluepn01 Servile Well begun IS half done Why pay thousands of dollars for plans and spend months or even years waiting for complellOn only to find out that In the end you can not use the plans because they were not what you asked for or they are oversized and over budget? Houndquarter s offers a bluepnnt services for as little as $750 Read more about how we can help with Design Drawings and Color Rendenngs Englneenng Plans and Architectural Plans below DesIgn Drawings and Color Renderings This service Includes a preliminary floor plan bUilding section and a black and white artist rendenng for $750 This first step allows you to present your design to board members for design approval obtain planning and zOning and apply for financing and funding For an additional $250 we can create color rendenngs Color rendenngs are excellent visual aids for fund raising to share your VISion With the communIty and garner publiC support for project B"'CK~O TOP Engineering Plans This service IS Included In the contract price and will be released for Page I of3 tiCal ~ Canlr > Soun Pane >' Keno fAutor > CalT > Dog [ Our ado! Morganto Houndqu are extre! the eft/cle bUlldmg J pleasmg I efficiently It easy to recomme to anyonE bulfd an Tom Dav Director I Fnends f( Morganto IIElU1 PIlOJ }. Ba.rttE )- Sout~ Coun 'Bay ( Shelt 3-=l- PAO'i: 70 OF Isg 11/2/2006 ACENi)" ITEM r.o http Ilwww houndquarters com/products servlceslbluepnnt servIce php ~ 1 Humane Shelters and Boarding Kennel BUIldings Houndquarters Products and ServIces Page 2 of2 Bluepnnt ServIce We know how to get things done Time IS money And If you re thinking of bUilding a shelter boarding kennel or chmc you II want to speak with us as soon as possible to discuss your bUilding plans USing our blueprint service IS the fastest way to get your structure through the planmng and zomng stages past the pemmt process and Into the construction phase In fact we developed our blueprint services back .n 1972 and have successfully used It for over 33 years It .s practIcal affordable and .t works better than any1hlng else we ve seen - .-:.~ ! i-~ ..~ 4f _ _ ..... ~ ........-:.~. ~~~ I I I I 'I I " Home Products & ServIces Why Were Better The Process PnclOg How To Order Contact a 2006 Houndquarters Site by Bohn,ack Des gn ACE:NDA ITEM NO < ::5-==t_ PAO:~OF_It;~ http //www houndquarters com/products servIces/index php 11/2/2006 Humane Shelters and Boardmg Kennel BUlldmgs Houndquarters Bluepnnt Service fabncalion with the signed purchase agreement and Inlt.al deposit Houndquarter s will provide the construction documents and generic plans for the structural porlion of the kennel plus the Footing and Foundalion plans The Mechanical Heating Ventilation & Air Conditioning (HVAC) Construction Documents will be designed and engineered In Auto CAD 2000 per accordance with the Internalional Mechanical Code and stamped by an Arizona engineer il The Domestic Plumbing Water & SaMary Waste Systems Construction Documents will be designed and engineered In Auto CAD 2000 per accordance with the International Plumbing Code stamped by an Anzona engineer II \ I I The Electrical Construction Document will be designed and engineered In Auto CAD 2000 per accordance with the National Electrical Code stamped by an Arizona engineer If additional englneenng such as Callfomla Title 24 for additional energy calculations are reqUired we can prOVide the additional englneenng services but It would reqUire additional data on the part of the customer and addllional time and fees Will be reqUired BACKl030P Architectural Plans If your project reqUires Architectural Plans by a licensed Architect we can proVide you WIth the contact Information of our local Architect whom we have used on numerous projects In twenty one states If our Architect IS not licensed In your state we can proVide you With the contact Informalion of reliable reputable and expenenced Architects that we have worked With An Animal Shelter Vet CliniC or Commercial Boarding Kennel IS a very different system Make sure that the Architect you hire has a lot of expenence In deSign and actual construction of your project type Ask for references BACK TO TOP Page 2 of3 AGe,,;: :l.ITEM NO PACE 7ri., 3+ OF , &) ~ http //www houndquarters com/products servlces/bluepnnt service php 1112/2006 ./ ./ ~ " CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE JULY 26, 2005 SUBJECT ANIMAL SHELTER OPTIONS BACKGROUND For the past four (4) years pnor to December 28 2004 the Ammal Fnends of the Valleys have been In dIscussIOns wIth the County of RIversIde the CIty of Lake ElsInore the CIty of Temecula the CIty of Mum eta and the CIty of Canyon Lake regardIng the formatIon of a JOInt Power Authonty OP A) for the purpose of constructIng a new am mal shelter for the southwest comdor On August 24 2004 the CIty CouncIl conceptually approved the formatIOn and partIcIpatIon Into the Southwest Commumtles JOInt Powers Authonty On December 16 2004 a study sessIOn was held to dIscuss the proposed JOInt Powers Agreement WIth the partIcIpatIng entItIes Upon completIOn of the study seSSIOn, the proposed JP A Agreement was brought before the CIty CouncIl on December 28th for formal approval The agreement was approved WIth a request for staff to prepare optIOns for CIty CouncIl consIderatIon pnor to the final authonzatlOn to InItIate the sale of bonds for the purpose of constructIon of the shelter Staff was requested by CIty CouncIl at the May 10 1005 meetIng to re explore optIOns for the shelter and brIng these back at the July 26 2005 meetIng DISCUSSION WIth all partIcIpatIng entItIes havIng approved the JP A Agreement the Authonty has been formed and has the legal authonty to raIse constructIOn funds by ISSUIng bonds to AG:::,'U::A ITEM l'10 3-=t- ~ - -- - ppr-;;- ~3""-- - i'F .:}50- -, ~ ---~ ~-~ ~ REPORT TO CITY COUNCIL JULY 26, 2005 PAGE 2 pay for the constructIon of the shelter Each cIty WIll contnbute equally to the admInIstratIOn and operatIOn of the IP A whlle the bond debt repayment w1l1 be based on the number of anImal turn InS (Lake ElsInore 28 I %) annually Each cIty wlIl contract WIth the IP A for sheltenng servIces but contInue theIr IndIvIdual contacts for ammal control servIces Based on InformatIOn proVIded by the County ofRlVerslde the City of Lake ElSInore s portIOn of the bond debt repayment WIll reach $6 732,198 over the 30 year hfe of the bonds Although estImated at 9 mllhon dollars for constructIOn, the Issuance costs and related fees for the bonds wlIl be $11 150 000 Interest over the 30-year lIfe of the bonds IS estImated at $12,808 800 bnngIng the total cost ofthe shelter to $23 958,000 when the bonds are retIred The CIty s 28 I % equals $6 732,198 should the shelter be constructed for the proposed 9 mIlhon dollars The estImated cost for operatIOn of the IP A over thIS same 30-year penod IS $150,000 whIle the projected shelterIng fee would exceed $4,700 000 over the lIfe ofthe bond debt repayment These three IPA related costs total approXImately $11 697425 over the thIrty (30) year bond debt repayment penod WIth no InflatIOnary costs factored In Staff contacted the County of RIVerSIde as well as the cItIes of Moreno Valley Pems, Corona and Norco as to theIr abIlIty to proVIde contract ammal control servIces Only the County of RIverSIde would contract WIth Lake ElSInore for ammal control field servIces Should the City contract WIth the County for anImal control servIces the County wIll charge all related IP A costs for use of the new shelter for processIng of CIty ammals essentIally resultIng In the same costs the City would Incur as a member of the IP A should the County utIlIze the new shelter for hOUSIng alllmals Staff also contacted Ammal Fnends and the Water Dlstnct as to the aVaIlabIlIty of the current site should Ammal Fnends relocate to the new faCIlIty The current sIte would remaIn WIth Ammal Fnends as an emergency sIte or for holdIng lIvestock or other ACCNC" ITE'.l NO 3=t PACc--1i-OF~ 'I -.. --= ~ / ~~- REPORT TO CITY COUNCIL JULY 26, 2005 PAGE - large ammals The Water Dlstnct IS also consldenng further expansIOn mto thIs location However should the CIty decIde to develop ItS own program the Imtlal capItal expenses of new kennel trailers, office trailers as well as some sIte preparatIOn staffing new vehIcles and the adoptIOn of the mltlal operation budget IS estimated to cost $1 681 934 Annual operation and mamtenance costs (year 2 wIth a 5% COLA) would cost the CIty approxImately $827,000 for staffing levels and servIces sImilar to those bemg provIded to the CIty by Ammal Fnends ExhIbIt A reflects the costs of contracted servIces wIth the County and Ammal Fnends of the Valleys m companson to CIty operated ammal control servIces utlhzmg City facilIties at a permanent and temporary location It would be staff's suggestIon that the permanent facility be constructed at the MIssIOn Trail sIte or at a future park sIte and the area also mclude a commumty dog/pet park as part of the comprehensIve development FISCAL IMPACT Fundmg for any optIOn selected would reqUIre the CIty Council to authonze fundmg from the City s General Fund Reserve The proposed shelter may still be as many as three (3) years away from opemng RECOMMENDATION It IS staff's recommendation that the Mayor and CIty Council contmue Its partICIpatIOn as a member of the Jomt Powers Authonty for the Southwest Commumtles Fmancmg Authonty for the constructIOn of a new Imal shelter ITY SERVICES PREPARED BY APPROVED FOR AGENDA BY CITY MANAGER'S OFFICE AG~N C).. ITEM NO (3-=t- Pile.: 7 t:1 OF ,I S<[ ~ / --- ",1G c= 0 ;:;.5f6 0 <D 0 0 0 e '" 0> ;0: 0 '" <<> 0 0> !N.... 10 ~ <<> '" <<> o"i~ ~ <<> ~ 0> ~ '" <<> 0 'iiflO '" <<> <<> 0> U>m m - m m m >-:;! - -. ~Oo 0 '" '" '" '" CO", '" 0 0 8 0 .ic~ ~ 0 0 0 ~ '" " '" '" _zo '" '" '" '" '" ~t!:2 '" ~ ~ ~ ~ - m m m - >-0 - !l ~ <<> '" <<> '" _ C O. 0 0 g 0 0> 0 0 0 - " ;Ii '" '" 01'" '" '" ~ U- ~ ~ ~ >-1 m - m m ..J "Ill 0 0 0 8 0 0 0 H 0 0 0 ~ ~ ~ ~ e'~ 0 0 0 ,. ..'" ;;; ;;; ;;; m o~o 0 <D <D 8 8 00'" i'! 0 g <-'" 0 0 0 <( _1G~ ~ ~ ~ ~ ~ ~;g~ '" '" '" '" '" '" <<> <<> <<> <<> I- >-0- m - m - m iii J: - X UU '" '" W l:!l'" ~ e."o 0 0 0 0 g~8~ <1; m - - m Uti ;; ;;; ii: '50 til _ 0> ~ - 0 0 0 0 ."Er-- ~ m m m m .c.'" \'! Cf')tnw - '" '" 'gliN ;;; 0 0 0 0 o.~ ~ - - - m mQ~ ~ '" m m 0 0 0 0 0 0 0 '" m m m - m 0 0 0 :5 0 0 '" 0 0 0> 0 0 0 <<> '" <<> m 0 ~ $ '" '" <<> ~ '" ;;; ;;; ;;; - z - it e ~ '" ~ " 0 i! 'il C ." !l S . 01 . <ii <ii r !: iii "- (f) " c '" '" '" a: C . . . I" I" I" ~ ;t ~ c 0 . . 0 0 8- ..J E 0. 0. 1> 01 1; E E E c E . . . . N C\\CA ITEM NO '3 ~ ~ 1> .. >- >- >- 0 ~ 0 0 P/'.>:-1{2-0F .J,1~ \ \ CITY OF LAKE ELSINORE ANIMAL CONTROL PROPOSED BUDGET PERSONNEL SERVICES 10-10 Regular Employees 10-20 Temporary Employees 10 30 OvertIme 10 40 thru 10 90 Benefits TOTAL PERSONNEL SERVICES CONTRACTUAL SERVICES 2001 Advertlsmg 20 02 Commumty PromotIon 20-10 OutsIde AutomotIve 20-11 Fuel and 011 20 13 Insurance 20 15 EqUIpment Mamtenance & RepaIr 20 16 Mamtenance/RepaIr BUlldmgs & Grounds 20-17 Postage 20-18 PublIcatIOns & MembershIps 20-19 Rent of EqUIpment 20-20 ProfesslOnal/Techmcal & ServIces 20 22 Travel and Meetmg 20 23 Trammg and EducatIOn 20-24 Electncal 20-25 Gas ServIce 2026 Water 20-27 Telephone TOTAL CONTRACTUAL SERVICES MATERIALS & SUPPLIES 30 10 Jamtonal SupplIes 30-20 Mamtenance & RepaIr Matenals 30 30 Office SupplIes 30-33 SpecIal Departmental SupplIes 30-40 Tools. Etc TOTAL MATERIALS & SUPPLIES Year 1 $367,358 $ 0 $ 10,000 $214.076 $591 434 Year 2 $385 726 $ 0 $ 10,500 $224.780 $621 006 $ 2000 $ 3000 $ 5000 $ 18,000 $ 0 $ 3000 $ 5,000 $ 5000 $ I 000 $ 0 $ 60 000 $ 5000 $ 5,000 $ 20 000 $ 1000 $ 15000 $ 2.000 $150000 $ 2000 $ 3,000 $ 5000 $ 18,000 $ 0 $ 3000 $ 5000 $ 5,000 $ 1000 $ 0 $ 60 000 $ 5000 $ 5000 $ 20 000 $ 1000 $ 15000 $ 2.000 $150000 $ 8 000 $ 2,000 $ 5,000 $ 20 000 $ 2.000 $ 37 000 $ 8000 $ 2000 $ 5000 $ 20 000 $ 2.000 $ 37 000 j)GtNC~ \"[Et"I,Q 3-=1- ~ PAGE "71 of.-15 ~ ---- ---..- CAPITAL OUTLAY 40-11 BUlldmgs and Structures 40 20 Improvements other than BUlldmgs 40-30 Office FurnIture and EqUIpment 40-40 Automotive EqUIpment 40 50 Machmery and EqUIpment TOTAL CAPITAL OUTLAY Year 1 $411,000 $ 75 000 $ 20,000 $205 000 $192.500 $903 500 Year 2 $ 0 $ 15000 $ 2,000 $ 0 $ 2.000 $ 19000 TOTAL BUDGET $1,681934 $827,006 ...l:NC'\ ITEM I.O-A-- _p, ::JK-OF I ho / ----- .-------- PERSONNEL Salary Benefits Total Semor Ammal Control Officer $ 59013 $ 34 063 $ 93076 Ammal Control Officer $ 41 045 $ 27,230 $ 68275 Ammal Control Officer $ 41045 $ 27 230 $ 68275 Ammal Control Officer $ 41 045 $ 27 230 $ 68 275 Admmlstrative AssIstant $ 38 576 $ 17 745 $ 56321 Office SpeCIalIst I $ 22 752 $ 10 466 $ 33,218 Office SpeCIalIst I $ 22 752 $ 10 466 $ 33218 Mamtenance Worker I $ 33,710 $ 19882 $ 53 592 Mamtenance Worker I $ 33710 $ 19 882 $ 53,592 Mamtenance Worker I $ 33.710 $ 19.882 $ 53592 TOTALS $367,358 $214,076 $581,434 AG~, ;;A ITEI~ 11.0 3--=+ - - -PAC:~OF --1 f)! ~- - '- CAPITAL OUTLAY ISTRUCTURES 1 Kennel TraIler 12 x 40 wl16 Holdmg Pens 1 Kennel TraIler, 12 x 40 w/16 Holdmg Pens 1 Kennel TraIler 12 x 20 w/8 Quarantme Holdmg Pens 1 TraIler, 12 x 40 Cattery 1 Trailer, 12 x 20 Vetermary Services 3 Office TraIlers 12 x 40 1 RestroomlShowerlLocker Room Trailer 12 x 40 2 Storage Bms @ 8 x 20 @ $5 000 ea 1 Storage Bm 8 x 40 <m $8.000 ea TOT AL CAPITAL OUTLA Y/STRUCTURES $ 78 000 $ 78 000 $ 45,000 $ 28,000 $ 45 000 $ 84,000 $ 35,000 $ 10,000 $ 8.000 $4Il,000 CAPITAL OUTLA YNEHICLES 4 ACO VehIcles w/Holdmg Pens @ $45 000 ea 1 Full-Size PIck Up for Mamtenance TOTAL CAPITAL OUTLA YNEHICLES CAPITAL OUTLAY IEOUlPMENT Computers/Software and IT/CommunIcatIons EqUipment (City Band Radios-Base StatIOns Vehicle Mount Hand Helds) Office FurnIture 10 Offices @ $1 200 ea MIscellaneous Office EqUipment 15 Stam1ess Steel Pens/4 Plex @ $2,500 ea Safe TOTAL CAPITAL OUTLAY IEQUlPMENT $180000 $ 25.000 $205 000 $150000 $ 0 $ 12000 $ 8000 $ 37,500 $ 5.000 $212,500 AGEN:' , ITEr II\v 3 -=::r PAC: ~ u-_LS<K ---- ACCOUNT 20-20/PROFESSIONAL AND OTHER SERVICES Vetennary ServIces Ammal DIsposal Software Llcensmg J amtonal Umforms MIscellaneous TOTAL $ 25 000 $ 5000 $ 20 000 $ 6000 $ 1 ,200 $ 2,800 $ 60 000 ACCOUNT 30-30/SPECIAL DEPARTMENTAL SUPPLIES Ammal Food MIcro ChIps MedIcatIOns MIscellaneous TOTAL $7000 $ 5,000 $ 6000 $ 2.000 $20,000 AOt:NI.~ Ii!:,,, v -6 =t - PA:.'::~ct: J5g_---~ MINTHORN & SILVER (215 ACRES) SITE I PERMANENT SITE 10 000 square feet @$450 00 per square foot TEMPORARY SITE/MINTHORN & SILVER (215 ACRES) BUIldIngs GradIng ($0 25 per sq ft @ 88 550 sq ft ) Infrastructure ($150 00 per hneal ft @ 475 LF) Landscapmg ($1 50 per sq ft @ 18 000 sq ft ) Asphalt PavIng ($1 75 per sq ft @ 20 000 sq ft ) Concrete ($2 50 per sq ft @ 8 000 sq ft ) Block Walls (72 @, $45 00 per hneal foot @ 1.087 LF) TOTAL MINTHORN & SILVER SITE $ 4 500 000 $ 411000 $ 22 138 $ 71 250 $ 12000 $ 35000 $ 20 000 $ 48.915 $ 620 303 AGENC~~T!M I'll? -~ 15r _ _PA,,:J ~J. _ 0 ~__ llIlllABllIll [SSOIl S .lIC(l If ORIlIIlAHC[S ~ 'Y $<0' t1' @ ....."..,tV J - - -1 :1 1 ) /, '" ~ . - y -(' " "X \. C06.. 1Y rIP" ~Q () ~' ;; @ . . ~ . . .... l:~~- ____-I .- r C0 G \ . ~ ~ 1I ttl 1" " ",-t.~ \(jI~ -& -1''' f. '0'0 \'>\.' rat.' t1' @ ..." ,.' ra ;Q-:ty @ +.. ~ 1: 1: . ~m_~ ~ ~~r~.-- AGCf;o a. IT!; ,l r~" _ ~ ~ _ PA~~~~ r- -,5'1.~. MISSION TRAIL (5 37 ACRES) SITE 2 PERMANENT SITE 10 000 square feet @$450 00 per square foot TEMPORARY SITE/MISSION TRAIL (5 37 ACRES) BUlldmgs Gradmg ($0 25 per sq ft @ 225 000 sq ft ) Infrastructure ($150 00 per !tneal ft @ 700 LF) Landscapmg ($1 50 per sq ft @ 25 000 sq ft ) Asphalt PaVIng ($1 75 per sq ft @ 20 000 sq ft ) Concrete ($2 50 per sq ft @ 8 000 sq ft ) Block Walls (72 (aJ $4500 per lIneal foot (aJ 2.282 LF) TOTAL MISSION TRAIL SITE $ 4 500 000 $ 411 000 $ 56 250 $ 105 000 $ 37 500 $ 35 000 $ 20 000 $ 102,670 $ 767 420 'A.~"l\- \1\;;Jllv 3-=t -y~ ~ q,tL Of I C:Y _ PP~--D+- - -L.,J.l) ---- " " '- SEe 15 16 21 22 T 6S CITY Of LAKE ELSINORE IHI~ IW'....~ PR(J'AIlEO lOll ASm'illENI PURPOSES lINlI NO llABlllll IS ASSlIl[I) 101 IHI IlX/lIIlCl 01 IIf[ OAlA SlIOIM ASSESSOII S PIRcn ~ ~ 11111111 aJlPl.IIlIH LOCAlLOI SPlII 01 BUILDING Sill OIDI/lANCES ~ ~ ...... ~ ~ ~ c ~ ~ ~ ...... ...... ...... ~ ~ ~ ~ ~ ~ ~ ~ (0 ~ ~ ~ ~ ~ ~ @ ~ ~ -- \I o r;;u ~ ~ -~ ----- -- - - -- -- - --- - --- _____ -- _ -- It fl ____ _ ___ - ")1 o _o-MISS1QfI,L- - - ,;, !"'~ o _ . _'" ~s-F-- -R R _ _ _ - -, -A-r----& .""-__~-- --.. I -- --:: - - - - .3~~~D- 1~-1--- - - - T - - - - ~- __ _ ~ 0 - - .- I I I , iJ 1 !'! I _ _ I - - 1- - - L _ _1- _ -1 _ _ _ _ L _ _ _ _ -1 - I 1 I 1 1 ;; I g 1 1 I I II:! I :! I - - - - - I- - -,- - -l - - -t 1 -t 1 ---- -- ...- ~ I I f I I : I ~ I~ ! L ' , I , :: 1 I~I.. --I --'~-lI--,--r-- ..-]1-- r I l~@jl I I ~@~I ~ ~ 1 _ __ f- _ __ J _ -:_, __ _ l __ _ !...- _ _ __ -.! I _ ... _ ~lt 1 : : : : 3?&I~ iJr)r~ I - - '1 --r-~--~--L_-L- __~ __L 1 I 1 Iii 'ii 1 I 1 I 1 1 I - - - - -1 - - -I- - - I- - -1- - -I- - - - -1- .. 1 ~ I I , I I i I I I -' - - I _ _ 1 _ _1_ 1 1 I T . I -,- --.----,- I _ . ~ i! I I I I ::: J ;J I _!. - ,- - _I _ _ ...! - 1 I 1 I I I --.----,- I I I I ~ I E I -- "" os "" ... L DIll lIS S1/J. u/s2 "115 IS ITf'A (I' ACENDA ITEM NO 3=t ~ PAr;;~5- OF /.')r DUMP SITE (4 05 ACRES) SITE 3 PERMANENT SITE 10000 square feet @$450 00 per square foot TEMPORARY SITEIDUMP SITE (4 05 ACRES) BUlldmgs Gradmg ($0 25 per sq ft @ 176 000 sq ft ) Infrastructure ($ I 50 00 per hneal ft @ 3 000 LF) Landscapmg ($1 50 per sq ft @ 20 000 sq ft) Asphalt Pavmg ($1 75 per sa ft (iil20.000 sa ft ) Concrete ($2 50 per sq ft @ 8 000 sq ft ) Block Walls (72 @ $4500 per Imeal foot @ 870 LF) TOTAL DUMP TEMPORARY SITE $ 4 500 000 $ 411 000 $ 44 000 $ 450 000 $ 30 000 $ 35.000 $ 20 000 $ 39.150 $ 1 029 150 ACENPA ITEM NO ::3 --=t- - - -=~~~: ~lf of_lq~ 363-02 c /- 400 o ~ 'eJ TE 0 /n ., Jo/~ I H ,. IS ,- "-- I" ~_ TRA 0500 3 33 5 4"" 116/100 77$ NI/2 SEe 4, T6S, R. (BK\ ~ J 0 5 Ac:l:. Poc4 " @ 0 @ @ 0 <- LOT S (j1, A 't) , 2327AcGc LOT 747 Ac L 748 Ac:t 2323AcNl In.. 6A tJ 748 Ac.L 747 At" % @ ~ . 5 Ac.:t . . , HS " .. fl1 2 @ . 5AcG to 496AcNf'" . , , ~ J., ss , \ 1 1f /'or I 1 I !: @ i Ii : 5AcG I 45JAcN: e; .., ~ DATE G LO R S 52//6 +4 .../& _3 @ 6.73Acw. 6.26Ac Nt -/4{,-fJ:, 116 " A-I HPu ...< A/ SS s:"6 /7 hJ 11>~L.:z.7 @ . ~ , . . " ) ~ ~ @ ~ " , ~ /0 AcL 40 49Ac PM 1/6/100 Parcel Mop No /3708 @ AGE'IlC!\ ITEl\~ NO .:--.:s=t::__ PAO::.-Z1-0F {5~ g"..L: = - ='>" """""l:>"':. J VI J-- S? ;- -" -':> ,;0 (\ ~~~ ~~ "- V'I t U. :::')l.. ;!-~ ! ~ () w - 1- C1 H \ os. ~~ ~ --t 'Iff...!: .= 5 .. > s x.. ("'> C" ~ -- - ::::v 7'\ {i} tV .....c L. ~ ~ .....c Go <:: .... \ ~ ~ r t' t' $l- ~ 8 r ""I ~ 5 - if -r1 ~ b' s;;> S II \...\ " t l:> ~~ ]/1/ (II f ~\ ~ ?';)..!: ~~- "';J> ~ - -1 ACI::Ne~ ITEM NO 3--=t- ~ - - PAil'... )?X' OF IS ~ (fi_ ---"'/ <l"'\ ~ )1 ~ ,..l: ..r 1 --::, ---./ ::::::; ~ d AOt:NC"- ''rEM NO ~-=t PAC'-J.L-I., -~-- / - --- - AG;NC ~ ITEM NO 3 ~ PA"::JVl-OF-151 _~_=- AFV Projected Operating Statement for New Shelter Proposed Budget EXPENSES Advertising $ 2 000 00 Animal DISposal $ 1000000 Animal Food $ 25 000 00 Animal Supplies $ 1800000 Employee Benefits & Taxes $ 34 000 00 Insurance Liability $ 1200000 Maintenance & Repairs $ 57 000 00 NSF Checks $ 2 000 00 Office Expense $ 8 000 00 Operating Supplies $ 1000000 Printing Expense $ 5 000 00 ProfeSSional Services $ 30 000 00 Rent $ 3 000 00 Salaries & Wages $ 245 000 00 Security $ 4 000 00 Tax license Permits $ 1 000 00 Telephone $ 4 000 00 Uniforms $ 1 000 00 Ublltles $ 95 000 00 Vet Services $ 5 000 00 Workers Compensabon $ 29 000 00 Total Expense $ 600 000 00 less Donations from Public $ 50 000 00 Total Operatmg Budget $ 550 000 00 ACE, ,;:: '\ ITEM NO 3-=i- PAC_-U-()>:~___ ~ - 3!! " iii i5: " .. < 2" " " iil cr " " .. "- o " o o o cr "l o w U> .. " 0; 3 cr "l o ... " o C !!C " .. < 0" .. " iil " "- .. iil "- :E ,. "- 3 :; in ?l ~ a;' .. " '" iil .. " cr 3 '" 0; "- g '" " " a. " iil " c JI .. n o o or " " '" .. ~ o " "l ~ " '" 8 " ;;; " iil .. ~ 3" " 0; "- " " "- " iil " c JI .. n o o or " " '" .. -< o i[ or o c " :; '" o o ~ ;; '" G> o o o o o 10 " " '" '" o o o o " 8 ~ " a < i5: .. "- cr '< ,. ." < Z .. ~ "l =r .. () o c " -< " Q 5' .. o '" iii " =r " < .. =r " "- " " :; "- .. " .. " "- .. " " o ;c 0; U iD < iii ~ 5' .. " " " " " " "- ~ .. ~ 3" " 0; " 8 c " ~ "- a " ~ " " " ~ .. l.1 " .. "- a 3 5' .. " c Q: 0" 5! ,. " " c !!!. "- .. !r iil " " '< 3 .. " cr " " .. a. o " '" <D ~ " " o o " ~ 2 U " " " ~ '" o '" "- (1) "- " .. g " a; '" .. :; o c- o. .. " o !O. Q, " iil '" " " '3 '" in " =r .. Iii' iil a. cr '< ,. ." < .. .0 c !!!. '" !!C 1) g 0; "- o ~ 3 .. 3 cr "l " '" .. " o 10 " z o - CD III ~~S:l;;"Q c3~CD"';:) ::l ::::! '< .:<~~mQ C:Q)-~ - IIlr m :; Q) 0", <D CD O(..)-Io.~J\) Q-"CO......C:Ow 0-...<000101 OCOCDCD(X)()) *cf!.cflcfl.*-ffl. '" COJ\)-....a.t\) WO>Ol~VJI'\.) ow..................co 0""" c.n.....1\) '-I O......wO)....I....... O~.f:l,..t:...to.~ '" '" C1IC11OlOlO'lOt 000000 000000 000000 '" O)I\)-.......l\) OlO>O>.,J)..~(o,) 0lQ)l\)0>1\).,flt.. g.....(h.....J\)~ o~~~~.j:::a. '" Ol ...... -10. -" 01....,0<00\ O~,fl.W-..l<O O.....WCD->.O) O<oCO.j:::a.coco 000000 '" ... 0> --J Q) Q) 0>0 ~ ~ 0l.j:::a.1\)01; m.....,flo....... OC))(.O,)W m.....w<o CXl.j:::a.o>O '" ~ CO..J:::o.~(.o)CJI-Io. <<> ~ '" 0) N...... NW.,flt..CDW...... 0>01<001.......-... O)mco......,flt..<<> CD.j:::a.NCOO.flo. 'lJ-n CD C , = C'l'< CD r ;a 0 ., ., 0. CD CD ~o. '" m'lJm $!tax 3"8 == men!! ......... 0.0.0 )>CIl ::J 0 ::J C C - .,::T -~ OCD o!!!.. ..., !!l.o III 0 3 3 C ::J ;:;: CD (II ?: 3 ., CIl ::T CD ;:;: CD ... c... ~ AGENC~ lTEril (1,.) ~ ~/ AAC:::~_CF~_ )> ;:) ;:) C 3 !!. ell :? ;aCT N_ '" )> 0. -n~)> CD ::J ::J CD in :J (II _ C ....; !!!. - <" CD '" CIl o c... C o "'Dg !!l. )> 0 en 2t '" OX)> O 0 ::J <II C ::J -!!. c III ::J ., Wa '" CIl .. < n CD (II .. -n)> _ ::J CD ;:) -c c... '" OCll o CD .... III < S!. - n!!. (II CD -~-- - - !; f I' :r o i ~ OJ ... ~ :? .. a f f Ii ... OJ ~ ~~u.o~ ur l...If-t !I: .. i ::III < . iJ IS: . ~ c: .f rHOl:. U.L N g ~ ~ - 3 I>> ii" r [ "'~;,1 1,0 3-=1_= Act..;:, I'~"'-J ') 'K N" - lit" . -PA",. --~- ~-- I I $ll bO 000 COUllt) of RI\ erslde Certificates of PartlclpdtlOn (Alllmal Shelter) SOUl ces &- U"es Dated 01/01f20~51 Oel ve ed 0110112005 Sources Of Funds r A 0 IOro d:<, ~I 15000200 1_1 I~ _~ JS.9t!!.OOQi) II I I II I I Uses Of Funds TO~!-U~~l_-.!?sco-.! (O~O~/) Costs of Is ua - - -- Qo~~o d~~L~_~.J~O..Q...bp)_ _ fkeo~t oOeb(Se~R rvef~<"OS~ ______ __ _ __ ___ Dep~~':.2..~~1 ter s. (9f1!.... d O~~tt~gJcc ~IlSru<.:to F d ~_<!.-.-gA 0 t____ _ _ _____ _ 89 20000 _ '!"OQ 000 00 _..!!~ 794 00_ gH 200 00 100 )0000 ~ 000 000 00 3 J06 00 ----- ~- T t I U cs St.,.SO,OOO 00 < 2004 JPA Anorna Shel~ I smGLE PURPOSE I 912212004 J 1 3S PM >, ,.,,- -EII"O ~ ""'t;lw... !W PA__~OF - Cst mated I I I $ll 1::>0000 County of RI\ erslde CertIficates of PartIcIpatIon (Alllmdl Shelter) Debt Sel vIce Schedule Date 01/0 /2005 0101 OO( Ol/Oll 007 01/01/2OOS ~01~009 _ 0110112010 OIlOll.tOII 01101/2012 01101/2013 0101-'014 -- 01/01/2015 0110112016 011OJ12017 0110112018 .9!{QY2012 _ -- 0110 112020 01101/2021 0110112022 01'01/202 01101/2024 OI/Ol/20h 01101'20"'6 0110112017 Ol1OJt20?8 ~iQ!~Q..22- _ 0110112030 OIlOlrOJI 0110112032 0110112033 0110112034 Total Yield Statistics Bond Yea 0 J1ars Aver2.R L f Av ~eC~ I Principal Coupon Interest T atal P+I I I 66900000 669 000 00 160000 00 6()()(J<>1 66900000 82900000 I 17000000 6()()(J<>/ 659 40000 829 400 00 I&~QQQ.OO 6()()(J<>/ .-.0?-t~OO_ 00 8~ 2~O~ 19500000 6 0000/ 63810000 833 10000 I 205 000 00 6 000"/ 626 400 00 83140000 220000 00 6000/ 614 100 00 834 10000 I I 230 000 00 6000/ 600 900 00 83090000 _____245~~ 6 000"/ ~1lQ.~QO_ _ _&~OOOO ---- 26000000 6000"1 572 400 00 832400 00 27500000 6 000"/ 556 800 00 83180000 290 000 00 6 000% 540 300 00 830 300 00 310000 00 6 000"/ 522 900 00 832 900 00 325 QOO 00 6 000"/ 504300 00 829 ]QQ OQ )4500000 6 000"/ 484 800 00 829800 00 37000000 6000/ 404 10000 83410000 39O()()('00 6000/ 44190000 831 900 00 41500000 6 000"/ 41850000 833 50000 44000000 6000"/ ~.93 600 00_ 8]3 600 00 465 000 00 6 000'/ 36120000 832200 00 490 000 on 6 000"/ 33930000 329 300 00 52000000 6 000"/ 309 900 00 829900 GO 55500000 6 GOO"I 278 100 00 833 100 00 2~()()O~ - 6000"/ 245j~.QO JllQ 400 00 no 000 00 6 000"/ 210 30000 830 300 00 660 000 00 6 000"/ 173 10000 833 100 00 700 000 00 6 000"/ 133 50000 83350000 14000000 6()()(J<>/ 91 500 00 83150000 185 000 00 6 OQO"/ 47 100 00 832 100 00 SI'15000000 SI2 808 800 00 S23 9:>8 800 CO _ __ _ S213 480 00 _ ----1W6Y~s 6 o00ooo00/ Net Inte st Cost (NIC) _____ _ True I terestCo:;t(Tfg___ _ __ _ ~ _ Bond Y eldlor Arbmag~ ~es_ AU Indusl e Cost (Ale) IRS Form 8038 Net I {erG Cost We ~hkdA efaJteM tu ty 604118381 _ _ _~07531~/_ _ ~ ~Q!3806/ 62650292 / ---c _ ____6 OOOOOOQ'Y Esm~ l $11 150000 COUllt} of R" ersIde Certificates of PartIcipatIOn I (AllImal Sheltel) I J\et Debt Sel vice Schedule I I I I I I -' Date Pnnclpal Coupon Interest Total P+I OSR elF Net l>.ew OIS I 0110112005 ) 61101/2006 669 000 00 669 000 00 (669000 OO) OJlOI/200 160 00000 600001 66900000 829 000 00 (334 '0000) 494,)0000 01KU12008 17000000 6 000"1 659 400 00 ~P9 400 00 829400 00 01101I~009 _ _ ~,)OOOQO __.Ei'OO"/ _ _ 64920~~~-.!!42ooQ9__ - J4 200 00 OIlOlnOtO 19500000 600001 638 100 00 8J3 100 00 8 310000 OllOlnOl1 205 000 00 6000"1 626 400 00 83140000 83140000 OIIOlnOl2 220 000 00 6000"1 614100 00 834100 00 834 100 00 OllOlnOI3 230 000 00 6000"/ 600 900 00 830 900 00 830900 00 .....911()1~Q!4 24500000 _ 6000"1 __ 581-10([ 00_ 832,1Q900_ - -- - _!l2,IOOOO o 1I0 U20 I 5 26000000 6000"/ 512.400 00 832400 00 832 400 00 0110112016 27500000 60001 556 800 00 8318oofl(} 83180000 0110112011 290 000 00 6000-4 540 300 00 83030000 830300 00 011OInOl8 31000000 6 000"1 522 900 00 83290000 832 900 00 01l0lnOl9 __-12'00000 _~OOO"~ ~04JOO 00 ~29 300 00 829 100 00 o 1I00nOlO 34500000 6 000"1 484 !lOO 00 829800 00 829 800 00 0110112021 31000000 6000"/ 464 10000 834 JOO 00 834 100 00 OllOln022 390 000 00 6000"/ 441 90000 831 90000 83190000 0110112023 41500000 6000"1 418 <;00 00 833500 00 8]) 500 00 OilOln024 ~O 000 00 6000"/ 39360000 & 600 00 833 60000 o IIOW025 46500000 6 0000/ 361200 00 &32 00 00 &32 200 00 o JO ~26 49000000 6000"/ 339 300 00 829 300 00 829 300 00 0110112027 52000000 6000"1 309 900 00 829 900 00 829900 00 01/0112028 55500000 6000"/ 278 700 00 83"' 700 00 &ll 10000 0110112029_ _ 585 ~O O'L- 6()()()o~~ 24540000 830 4llll 00 8040000 01l0ln030 ,,20000 00 6000"/ 210 300 00 810 300 00 830 300 00 0110ln031 660000 00 6000/ l7J 100 00 33] 100 00 8ll 100 00 011OInOJ2 10000000 6000"/ IJ3 500 00 8ll 500 00 833500 00 OIIOIf'Oll 74000000 6001l"1 91 moo 83150000 831,50000 ..J1J!Q!nl!!i___ 185.&00 lKL 6 000"~___~.L00 00 832 Loo 00 1834200 00) (2 100 00) T t I $1115000000 S12 80s SOO OQ S J 9SS 800 00 (834 100 OO) (I 003 500 OO) S12 12110000 ... 200(JPA/vwnalShe!tet" I SlNGLEPURPQSE I 9Q2t2OO4 I 1.35 PM Est mated 511 150,000 County of RIverside Certificates of ParticipatIOn (Alllmal Shelter) Pncmg S...mmal ~ Matuntv 01 OInOO7 0110112008 0110112009 OllOlnolO 0110111011 0110112012 01l0ln013 OIf{)112014 01lOlnOl5 0110112016 --- - 0110112017 01101/1018 01/0112019 0110112020 0110112021 0110112022 01/01/2023 0110112024 0110112025 0110112026 OfJOI12027 01/0112028 01lOln029 011OIn030 ~10112O31_ 0110112032 0110112033 01/0112034 Type of Bond $en rco po SnlCopO SnlCopo $cnal Co po _S---.!!ICopo SenaJ Coupo Sen I Coup $en I COupoll ~nal Coupo $en I ~~ S n ICo po $eo 1 Co po Senal Coupo S nal Coupo _~n ICo po Senal Coup<> SenaI Coupo $en I Co po Sect I Coupo ~_na~~po~ $en I Coupo $cnal Coupo $en I Co po S n I Coupo _ _SenalCo ~~~ Seo I Coupo S oal Coupon $en 1 Coupon Coupon Yield Mawr ty Value Pnce Dollar Pnce ( 0001 6000/ 160 000 00 100000/ 16000000 6000 6 000"1 17000000 IOOOOQ/ 17000000 60001 60001 IS) 000 00 1000001 18500000 6000 6000.. 19)00000 100 000/ J ) 00000 6000/ 60001 205 000 00 100 000 0) 000 00 6000.. 6 000"/ 22000000 100 000/ 22000000 6000/ 6000/ 23000000 100000 23000000 600()'>/ 60001 2.:h 000 00 100 000/ 74) 000 00 6 mool 6 ??oo1 260 000 00 100000"/ 26000000 6 0000/ 60001 27500000 100000/ J75 OQ~.QO 60001 6000/ 190 000 00 100000"/ 90 000 00 6000/ 60001 3JOooo 00 lOOOOQ4/ 310 000 00 6000/ 6000"1 3h 000 00 100000/ 2 000 00 6 QOIJ% 6 000"1 34500000 100000.. 34500000 6 000% 6000/ !!OJ~IQ_~ IOO()()Q<'1 3 70 OOQ. 00 --- -- --- -- 6 000"1 60001 390 000 00 100 000"/ 39000000 60001 6 000"/ 41500000 1000001 41500000 60001 60001 440 000 00 I 00 ()009/ 440000 00 6000 6000/ 46500000 100000/ 46500000 !iOOO 60001 49000000 loo~/ 49000000 - - - 600()"/ 60001 520 000 00 100000/ 510 000 00 6001)</ 6 000"1 55500000 100 000"1 555000 00 6000/ 60001 58500000 100000/ 58500000 6000 6 00<i I 620 000 GO tOO OOQ4/ 61000000 6 000"/ 6 000"/ 660 000 00 l00()()()4/ 660 000 00 ---- ~- --- 000/ (0001 700 000 00 100000/ 700 000 00 60001 6000/ 74000000 100000/ 74000000 6 0000/ 60001 785 000 00 100000"1 78) 000 00 SII ISO 000 00 $11 15000000 T t I Bid Information P AmOWltof~__ Gross P od 000 ------ - - -" SII15000000 - --- $11 15000000 --~ T tal Undenvnt t 0 scount (0 800"/L--_ _~ _ __ lld('I92000/} _~ __ _ _ _ _ _____ Total Pur:chasePnce____ _ Bond Yea Dollars Avcrag L f A tt ~e Coupo Netl t restCost(N1C) True I terest Cost (TIC) _ _~892ooOOl __ _ I..! 060 8OQ..02.. ~I0608oooo S?J J 4.!O O~ 19 146 Yea _ _ _ _ LD<1QOOOO"/ 6G4J7838/ 3..~ AGEMCA '~EM \\~ _ ." , r:;q- - PACE U.~~-_ County of Riverside Commumty Health Agency Department of Ammal ServIces Annua/Con~actProposal Field Services Personnel Animal Control Officer (l FIE) Salary Benefits Workers Compensallon Sub total Solones/Beneflts $33 426 $17405 $101l $51 902 Stand by Animal Control Officer Time @IO hours/mo x $47 OO/hour x 12 mas Mileage @ 42/mlle x 100 mlles/mo X 12 mas Sub-total Standby Expense $5 640 $504 $6144 ITotal Personnel Expense Field Services $58 046 Supplies and Other Charges (Annual) Supplies and Other Charges (Uniforms communlcafton equipment hand tools pharmaceuticals over head ete 1 Carpool Expense (Truck lease/MaIntenance) ITotal Supplies/Other Charges Field Services $21 430 $6 370 $27 800 Ammal Control Vehicle Charges (Periodic) {Equipment charge at first year of seNlee and then every 5 years or as needed thereafter, Animal Control Box Air ConditIoning Unit for Animal Control Vehicle $18000 $4 200 ITotal Animal Control Vehicle Charges $22 200 IIGrand Total Field Services $108046 II Comments Intervlew process lor Anrmal Conlrol Officer should be partlclpolory and Include bolh the Clly at Lake ElSinore and the CounJy of Riverside Amounts are estimates and may change depending on actual use Shelter selVlces will be prOVided by Ramona Ammal Shelter wIth the pOSSibIlity of the County of RiverSIde beIng the conduit for which services are paId ReVIsed 1/18/05 PMH AGtNC\ Ilt:M IW ;:3 =t PAO'I!~'l ~ o!,_15'b 04-003 1 COUNTY OBLIGATIONS- COUNTY shall provide all services as 2 outlmed and specified m Exhibit A conslstmg of four (4) page(s) attached hereto and by this 3 reference mcorporated herem 4 " I 8 June 30 2004 unless termmated as specified m Sections 4 A V AILABIL TERMINA nON and may be renewed for five (5) years throu FUNDING or 7 I i I, 5 2 TERM The term oftlus Agreement shall be from July I 2003 through 6 7 9 3 COMPENSATION 10 1\ exceed eighty five thous 12 13 4 14 the oblIgatIon ofthe CIT 15 G - It IS mutually agreed and understood that by and contmgent upon the aVailabilIty of City of (ENTER) funds for the rermbursement of COUNTY S fees In the event that such funds are not 16 forthcommg for any reason, CITY shall Immediately notify COUNTY m wntmg 17 18 5 HOLD HARMLESSfINDEMNIFICA TION 19 51 I CITY shall mdemmfy and hold harmless all AgenCies Dlstncts SpeCial 20 Dlstncts and Departments of the County ofRIvefSIde Its respective directors officers Board of 2\ Supervisors elected and appomted offiCials employees agents and representatives from any 22 lIabilIty whatsoever based or asserted upon any services of CITY ItS officers employees 23 subcontractors agents or representatIves ansmg out of or m any way relatmg to thiS Agreement 24 mcIudtng but not hrmted to property damage bodtly mJury or death or any other element of any 25 kmd or nahIre whatsoever and resuItmg from any reason whatsoever ansmg from the 26 performance of CITY Its officers agents employees subcontractors agents or representatives 27 from tlus Agreement CITY shall defend at ItS sole expense all costs and fees mcludmg but not 28 lImited to attorney fees cost of mvestIgahon defense and settlements or awards of all AgenCies AGENilA ITE_M !'to _ ~- ",-QQ ,-15<('- \ PA~_~~ _ ~_ 04.003 Dlstncts Special Dlstncts and Departments of the County ofRlVerslde their respechve 2 duectors officers Board of Supervisors elected and appomted officials employees agents and 3 representatives m any claim or achon based upon such alleged acts or omiSSIOns I' 4 5 52 With respect to any achon or claim subject to mdenmIficatIon herem by CITY 6 CITY shall at their sole cost have the nght to use counsel ofthelr own chOice and shall have the 7 nght to adJust, settle or compromise any such action or claim without the pnor 8 COUNTY proVided however that any such adjustment settlement 0 herem 9 whatsoever limits or clrcumscnbes CITY S mdenmlficatIon 10 CITY S obligation to defend mdenmlfy and hold 11 COUNTY havmg given CITY wntten no e claim or 12 of the commencement ofthe re 13 assistance at CITY S expense 14 hereunder shall be satisfied wh 15 dismissal relIevmg COUNTY COUNTY the appropnate form of IlIty for the action or c1aun mvolved 16 17 53 The specified msurance limits reqUired m thiS Agreement shall m no way limit or 18 clrcumscnbe CITY S obligatiOns to mdenmlfy and hold hannless the COUNTY herem from 19 tlurd party claims 20 21 54 In the event there IS conflict between tlus clause and California Civil Code 22 Sechon 2782 thiS clause shall be mterpreted to comply WIth CIVIl Code 2782 Such 23 mterpretahon shall not relieve the CITY from mdemmfymg the COUNTY to the fullest extent 24 allowed by law 25 26 55 COUNTY shall mdemmfy and hold hannless all AgenCies DIstncts Special Dlstncts and Departments of the CITY Its respechve directors officers Board of Supervisors 27 elected and appomted offiCials employees agents and representahves from any liability 28 whatsoever based or asserted upon any services of COUNTY ItS officers employees AGENC ITEM '.0 ~_ PA~.1.ill2.-0F f5~ I II I I II I 04-003 2 subcontractors agents or representahves anslng out of or In any way relating to this Agreement including but not hmlted to property damage bodily injury or death or any other element of any kmd or nature whatsoever and resulting from any reason whatsoever anslng from the performance of COUNTY Its officers agents employees subcontractors agents or representahves from tills Agreement COUNTY shall defend at ItS sole expense all costs and fees including but not hmlted to attorney fees cost of Inveshgahon defense and settlements or awards of all Agencies Dlslrtcts Special Dlstncts and Departments of the CIT heir respechv dIrectors officers Board of Supervisors elected and appointed officials e s agents and representahves m any claim or achon based upon such alleg 3 4 5 6 7 8 9 56 With respect to any achon or clal COUNTY COUNTY shall at their sole own choice 10 II and shall have the nght to adJ pnor consent of CITY proVI 13 no manner whatsoever hrm 12 S mdemrnficatlOn to CITY as set forth 14 mmfy and hold harmless CITY shall be subject to CITY havmg given CO tten notIce wlthm a reasonable penod ofhme of the claim or of the commencement of the related actIOn as the case may be and mformatlOn and reasonable assistance at COUNTY S expense for the defense or settlement thereof COUNTY S obhgatlOn hereunder shall be sahsfied when COUNTY has proVided to CITY the appropnate form of dismissal rehevlng CITY from any hablhty for the achon or claim Involved IS 16 17 18 19 20 21 5 7 The speCified Insurance hmlts reqUired In thiS Agreement shall In no way hmlt or clrcUlllscnbe COUNTY S obhgal1ons to mdemmfy and hold harmless the CITY herem from third party claims 22 23 24 25 5 8 ill the event there IS conflict between thiS clause and Cahfornla CIVIl Code Secl10n 2782 thiS clause shall be Interpreted to comply With CIVIl Code 2782 Such mterpretal10n shall not reheve the CITY from mdemmfymg the COUNTY to the fullest extent allowed by law 26 27 28 ~ AG\:NC,. nEW 1'10 lA ~ PA(,;:J!L\--:OF_ l~_ _ 04-003 6 LIABILITY INSURANCE The COUNTY shall procure and maIntaIn for the 2 duratIOn of the contract corrunerclal general hablhty Insurance agaInst claims for InJunes to 3 persons or damages to property whICh may anse from or In connectIOn wIth the performance of 4 the work hereunder by the COUNTY /us agents representatives employees or subcontractors 5 The cost of such Insurance shall be borne by the COUNTY The COUNTY shall maIntaIn 6 general commercIal hablhty or not less than One Mtlhon Dollars ($1 00000000) per occurrence 7 for bodtly Injury personal Injury and property damage employee 8 automobtle Insurance Any deducttbles or self msured re 9 reasonably approved by the RIsk Manager 10 hablhty are to contaIn the follOWIng ty Insurance and declared to the City and hablhtyand automobd 11 12 ed program of commercIal genera Its officers offiCials employees agents an 13 hablhty to protect 14 volunteers from ha 15 products and com hons of the COUNfY premises owned occurred or used by th 16 COUNTY IncludIng automobile habIhty Insurance on owned leased hIred or borrowed by th 17 COUNTY The coverage shall contaIn no speCIal hmltatIons on the scope of protectIOn afford 18 to the CITY Its officers offiCials employees agents or volunteers 19 20 62 For any claIms related to the COUNTY S Insurance coverage th 21 COUNTY S coverage shall be pnmary Insurance as respect to the CITY Its officers employees 22 agents and volunteers Any Insurance or self Insurance maIntaIned by the CITY Its officers 23 employees agents and volunteers shall be excess of the COUNTY S Insurance and shall no 24 contnbute With It 25 63 Any fatlure to comply WIth the reportIng or other provlSlons of the pohcle 26 IncludIng breach of warrantIes shall not affect coverage provIded the CITY Its officers offiCials 27 employees agents or volunteers 28 AGENCA nEIV1I~O --- PA~_loa 3=L- OF.J5~- ---- ~-_.....----------- 04-003 64 COUNTY S self msurance shall apply separately to each msured agams 2 whom claim IS made or SUIt IS brought except WIth respect to the hmlls of the msurer s hablhty 3 6S COUNTY shall give the CITY t1mty (30) days wntten nohce m the even 4 of cancellahon ofthe self msured programs 5 6 7 TERMINATION - Either party may termmate thiS Agreement without cause 7 upon thirty (30) workmg days wntten nohce served upon the other p 8 9 8 FORCE MAJEURE 8 1 In the event CO th any provIsion of tin f war clvd dIsorders 0 10 11 agreement due to causes beyond the 12 13 14 ble to comply WIth any provlSlon of tin rol such as acts of God acts of war cIvil dIsorders 0 e held hable to COUNTY for such failure to comply IS agreement due to other sImIlar acts 16 17 9 ALTERATION - No alterahon or vanatlOn of the terms of thIs Agreement 18 shall be vahd unless made m wntmg and signed by the partIes hereto and no oral Ullderstandmg or agreement not mcorporated herem shall be bmdmg on any ofthe partIes hereto 19 20 21 22 10 SEVERABILITY- If any provIsIOn m this Agreement IS held by a court of competent Junsdlchon to be mvahd VOId or unenforceable the remammg provIsIOns Will 23 24 nevertheless contmue m full force without bemg Impaired or mvahdated m any way 25 11 NOTICES All correspondence and nohces reqUIred or contemplated by tins 26 27 Agreement shall be dehvered to the respechve partIes at the addresses set forth below and are deemed submItted one day after theIr depOSIt m the Umted States mad postage prepaid 28 1.:::iIl\::HTl=!'Il NO - - p.:;:J O~ -1)-.l5~_ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY County of RIversIde Commulllty Health Agency Internal Support Contracts AdmInIstratIOn 4065 County CIrcle Dnve RIverside CA 92503 CITY City of (ENTER) 445 E Flonda A venue (ENTER) CA 92543 Or to such other address (es) as the parties may hereafter III II I td 04-003 AGENDA itEM NO 3'L PAClt:lDt--oF 158 ~ 2 3 4 5 6 04-003 EXHIBIT A CITY OF (ENTER) (Ammal servICes) SCOPE OF SERVICE 7 The County ofRlverslde heremafter referred to as COUNTY shall perfonn the followmg 8 services for the City of (ENTER) heremafter referred to as CITY 9 10 I Ammal Pickup aud SeIZure Services Field Services I 26 27 28 II 12 I3 14 15 16 11 18 19 20 21 22 23 24 25 Regular field service patrol provided 8 00 a.m and 4 00 2 sed as defined m of any arumal dehvered to COUNTY ch ammalls not redeemed by Its owner shall e rates Idenl1fied III the apphcable COUNTY CITY or 3 Quarantme as prescnbed by State law all arumals suspected to be rabid and/or that have bitten a person or another arnrnal Invesl1gate reported animal bites m accordance With State and local laws/reqUirements All arnmal bite mvesl1gal1ons wlll be handed wIthIn eIght (8) 4 hours 5 6 7 Respond and take steps to resolve nOIsy anunal complamts Remove dead ammals from the pubhc nght-of-way Provide assistance m the trappmg and removal of domesl1c and wild arumals from pubhc and pnvate property Use humane traps aVailable for these purposes and make them available to the pubhc on a rental basiS ~{)eNDJ.\ ITEM NO - p,,~JQ5 2>-;.. ~cJSi\' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 II 17 18 19 20 21 22 23 24 III 2S 26 27 28 04-003 8 Venfyarumal hcense status when respondIng to requests for service or when respondIng to complaInts about ammal behaVIOr 9 Encourage the return of lost/stray ammals (Impounded by field personnel) to theIr nghtful owner m the field by field service personnel whenever pOSSIble m order to ehmmate the need for the pet owner to make the tnp to the shelter and to mImmIze stress to the arumal The COUNTY reqUires that the owner or desIgnated owner be present to accept the return oflllslher pet Dogs must have current hcense and rabIeS vaccmalIon 10 Monthly reports detaIlmg the field servIce activIties ofth revlOus month II Inspect kennels cattenes and pet shops m the CITY complamts pursuant to Cahforma Sta 12 Investigations of cruelty to and local Ordmances 13 14 Emergency e at the CITY s request hohdays and weekends on an on call basIS per hour 42 cents per mile (when a County velncle IS used) WIth two hour call out mIruroum A standby officer will respond to the emergency call by telephone or by velncle wItlnn tlnrty mmutes A backup standby officer will be available If for some reason the scheduled backup officer cannot respond wIthm thirty mmutes (usually on a preVIOUS emergency) Qualtficahons and Trammg for Ammal Control Officer(s) FIeld ServIce personnel shall be reqUired to have anImal care and control expenence and/or tralIllng for the pOSItion pnor to startIng work Anunal Control FIeld personnel shall have at least SIX months of expenence m a pubhc or pnvate arumal control program AGi:..C ,IT\; ,IIW 3 -=t PAcrJOre o;:~=- 04-003 IV Shelter Care and DIsposItion Services The COUNTY wIll house the CITY s arumals at the Ramona Ammal Haven located at 690 Humane Way San Jacmto CA 92583 The handlIng of these arumals wIll comply with the terms of the contract between the COUNTY of Rlverslde and Ramona AnImal 2 3 4 5 Haven 7 The COUNTY s expectatIons as they relate to the sheltenng services provIded by Ramona Ammal Haven are as follows 6 8 I Ramona Ammal Haven shall be responsible for the mamtenance and operatIon of the Shelter and the care of the anImals on a 24-hour basis Th 9 13 2 shall be open to the publIc on the followmg mlrum 10 II 12 Sundays Prevent and control the at the AGCI~C.:\ ITEM NO - p,,,,,::.JJ2:L-O'" 14 Shelter 15 3 ]6 or mJury and to apply fIrst aid to mJured 17 arumals an 18 4 20 5 accurate records of the receIpt and dispOSItIon of all arumals delIvered to ItS custody and complete monthly reports of all shelter actIVItIes Provide arumal adoptIon and redemptIon seTVIces for arumals durmg the hours that the Shelter IS open to the publIc 19 21 22 a) Current Ordmances or State Laws regardIng the holdmg (Impoundment) penod for arumals wIll be adhered to Provide humane euthanasia of acutely sIck and mJured arumals and for other arumals not sUItable for adoptIOn after a holdmg penod as determIned by State Laws or COUNTY/CITY Ordmances EuthanasIa shall be performed by staff person(s) certIfied by seruor staff as haVIng been tmmed and capable ofperformmg these procedures Staffperson(s) 23 24 b) 25 26 27 28 2 3 4 5 6 7 8 9 10 1\ 12 13 14 15 V 16 17 18 19 20 VI 04-003 shall receive euthanasia certIficatIon WIth annual refresher traInmg receIved thereafter I I All dogs and cats over the age of four months and placed for adoptIon will be delivered to the new owner only after the anImal has been vaccmated, and has been spayed/neutered These servIces shall be at the owner s expense and shall b paid at the tIme of adoptIon 7 Take In stray/owner turn In anImals 6 8 Hold stray and owner umdenl1fiable ammals for a penod as prescnbed by law 9 Insure that all dogs have valid rabies InoculatIons pnor to Issuance of a license m accordance WIth law 10 MaintaIn a complaint log regardIng the dlspos complaInts received by staff II AnImal DIsposal Personnel and The COUNTY c udmg but not limIted to (1) Animal Control Officer work EqUIpment and Insurance 21 The CITY of (ENTER) shall provide (I) one anImal control truck one ammal control carrymg 22 box both of wluch are covered under the CITY s self Insurance pol1cy The CITY of (ENTER) 23 shall also prOVIde office and storage space for use by the ammal control officer 24 I' I I 25 VII Vetennary ServIces 26 The CITY shall be responsIble for the payment of vetennman fees Incurred as a result of the 27 enforcement of Penal Code 597 I 28 1/1/ All""" ,1.1,..J'3.::::r ~ PAG~jOg 0:: 151 2 3 4 EXHIBIT B CITY OF (ENTER) PAYMENT PROVISIONS 04-003 S 6 CONTRACTOR shall pay to COUNTY on a monthly basIs In arrears with a monthly bIlhn I I I II 8 7 and accountIng thereof by COUNTY to CONTRACTOR those fees relalIve to the services to b preformed under tins Agreement as follows 9 10 11 I 12 13 14 15 16 17, 18 19 20 II 21 22 23 24 2S 26 27 28 " Field Services Persoffilel Expense r. (I) (2) (3) that the monthly expense will be $512 00 (See attached budget) Shelter Services $3 523 50/mo $1 454 83/mo $ 512oofmo (1) $2475 per weaned CITY ammal dehvered to Ramona Animal Haven by COUNTY (2) The follOWIng rates begIn on the eleventh (11th) day after Impoundment a COUNTY s (or reSident s) request payable each day III excess often (10) days except for any anImal under quaranhne as proVided III County OrdInance No 630 AG~"ll:: ~ ITEM NO 3:::r-J PAC=.JJll.-Or "~~-'--- .. {O""foV~'r-t {c}k, ~I l" -l.v~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM RICHARD J W A TENP AUGH CITY MANAGER DATE DECEMBER 28 2004 SUBJECT SOUTHWEST COMMUNITIES JOINT POWERS AUTHORITY AGREEMENT BACKGROUND The AnImal Fnends of the Valleys In conjunction With the County of RIversIde and the cIties of Lake Elsmore Temecula, Canyon Lake and Mumeta have been worlo.ng together over the past four years In order to fund and construct an anImal shelter that WIll meet the area s current and future- needs Through these combmed efforts a JOInt Powers Agreement has been developed (see attached) winch WIll provIde for the fundmg and operation of a new shelter DISCUSSION The agreement wIll allow for the creatIOn of a Jomt Powers Authonty (JP A) that WIll have legal authonty to raIse constructIOn funds by Issumg bonds to pay for the construction of the shelter The JP A once formed has the abIlIty to contract WIth AnImal Fnends to operate the shelter Animal Fnends has expressed an mterest m secunng a long term contract to operate the new faCIlIty Each city Will contnbute equally to the admInIstratIOn and operation of the JP A wlnle the bond debt repayment WIll be based on the number of ammal turn ms annually Each CIty WIll contract WIth the JP A for anImal sheltenng but contInue theIr IndIvIdual contracts for animal control servIces The approval ofthe attached agreement allows for the Southwest CommumtIes JP A to be legally formed Once formed the JP A has the legal authonty to Issue debt The cost estImates for the constructIon of the shelter IS approxImately mne (9) mIllIon dollars ($300 per square foot) The debt service (see ExhIbIt B ) on thIS amount WIll be spread between all member agencIes based on theIr usage of the shelter For the City of Lake ElSInore our usage IS estimated at 28 58% whIch would reflect our share of the debt servIce and then adjusted annually The JP A membership wIll be made up of the above mentIOned agencIes mcludIng the County of RIverSIde Each agency wIll have one elected offiCIal represented on the JP A and each agency wIll have one vote In addItion to the elected representatIve on the JP A Board the JP A wIll establIsh an ExecutIve Management CommIttee that Will proVide management oversIght to the shelter operator A(jE!lD~ITE'IINo:3--=t. . PA~~~~F~g FISCAL IMPACT There IS no direct fiscal Impact for approvmg this agreement Once the IP A IS formed and budget estabhshed for the operal1on of the IP A then our equal share of expense will be mcurred by the City In addll10n once the IP A IS formed and debt ISSUed then the City will be finanCially responsIble for debt payments (ExhIbIt C proVIdes the cost breakdown for all agencies that will be partlclpatmg 10 the IPA Bond debt payments for the CIty of Lake Elsmore will be approxImately $8 276 000 over the 30 yearpenod Proposed anImal control costs over the 30 year bond debt term will exceed $15700000) ) RECOMMENDATION It IS staffs recommendatIOn that the Mayor and CIty Council approve the formatIOn of the Southwest Commuml1es Iomt Powers Authonty (JP A) Agreement and appomt arepresental1ve and alternate to the IP A Board PREPARED BY DaVId W Sapp DIrector of CommumtY. ServIces APPROVED BY D t::-/ W Sapp Drrector of Co ) l (J/'J\ ':, rJ#'l<f"dl' ~ ~I' ~I'~~r ~~\ I"\^\~ ~ ~J t\ ,; ) AGEl':::' HE'PIO 3~ -- P1\~_ I\J. l.i'~ EXECUTIVE SUMMARY Southwest CommuDltles Jomt Powers Authonty (ADlmal Shelter) Purpose of the JPA The pnmary purpose of the Jomt Powers Authonty (JP A) IS to construct a 30 000 square foot anImal shelter servmg the southwestern commumtJes of the county ConstructIOn cost IS estImated at $9 mllhon by Ammal Fnends of the Valleys (AFV) NeIther the County nor the CIlIes ha\ e had an mdependent archItect revIew the plans and cost estImates In addlllon the JP A wIll contract for the operatIOn of the shelter TermmatlOn of the JP A The JPA Agreement (the Agreement attached as ExhIbIt A) allows any member agency to term mate theIr partIcipatIOn In the JP A wIth sIxty (60) days notIce If the JP A has mcurred no oblIgallons If the JPA has mcurred any obhgatlOn mcludmg mdebtedness and/or property then a member agency must gIve twelve (12) months nollce If a member agency elects to termmate theIr partlclpallon 10 the JPA after the JPA has Incurred an obhgatlOn then pursuant to the Agreement the member agency must pay (I) theIr portIOn of the outstandIng bonds based on theu then current percentage of anImals sheltered for any mdebtedness Incurred (2) any unpaId portIon of their admInlstrallve costs of the JP A and (3) any unpaid portIOn of theu share of the ope atmg costs of the sheltel Board MembershIP The JPA members WIll mclude the cllles of Canyon Lake Lake Elsmore Mumeta and Temecula and the County of RIversIde The JPA Board ofDuectors (the Board) WIll Include one elected offiCial (CIty CounclllBoard of SupervIsors) from each member agency In the event of an mcorporatlOn wIthIn the JP A boundanes the newly formed Clt} may JOIn the JPA as a member agency subject to all the provIsIOns In the Agreement FIscal Obhl!atlons Repayment of Debt Repayment of the debt WIll be allocated to each member agency based on each agency s percentage of anImals sheltered The percentage WIll be calculated on an annual baSIS each January based on usage InformatIOn receIved for the precedIng calendar year The percentage WIll be used to allocate annual debt repayment for each member agency s upcommg fiscal year operatIng budget (percentage provIded In January for July budget adaptallon) ExhIbIt B contams the finanCIng schedules assummg a $9 mIllIon constructIon cost financed for 30 years at a 6% mterest rate AdminIstratIve Costs Expenses of the IPA whIch WII! mclude bond related expenses Board member sllpends and expenses admInIstrative fees legal fees etc wIll be allocated equally to each member agency Ac;;':\n:"l"O~ ~ ~:J.l3-I.F_\5<3. - , , EXECUTIVE SUMMARY Southwest CommuDltles JOlDt Powers Authonty (ADlmal Shelter) ) OperatIOn of Ammal Shelter Operatmg costs will be allocated to each member agency based on each agency s percentage of ammals sheltered The percentage would be calculated on an annual basIs m lanuary based on usage mformatlOn received for the precedmg calendar year The percentage will be used to allocate operatmg costs for each member agency s upcommg fiscal year operatmg budget II Ammal Fnends of the Valleys has expressed an mterest m operatmg the Shelter on a long term basis Therefore If approved by the lP A AFV would operate the Shelter through a contract with the lPA The contract would only mclude shelter operatIOns field services would contmue to be contracted separately by the member agencies directly with AF\ AnnexatlOns/blcorporatlOns AnnexatIOn of any area by any member agency Will result m that member assummg fiscal responsibilIty for the area annexed The additional anneAatlOn Will result mare calculatIOn of the percentages used for cost allocatIOn In the event of an mcorporallon wlthm the boundanes of the lPA the County reserves the nght to contrdct with the newly formed city If the city does not Jom the lP A Member Agency Wllhdrawmgfrom lPA Any member agency wlshmg to termmate their partIcipatIOn m the lPA pursuant to the ) Agreement Will pay (I) their portIOn of the outstandmg bonds based on their then current percentage of ammals sheltered If ?ny mdebtedness has occurred (2) any unpaid portIOn of their admmlstratlve costs of the lP A and (3) any unpaid portIOn of theIr share of the operatmg costs of the shelter Officers (If the JP A Smce the County has staff dedicated to provldmg day to day admmlstrallon of ItS publIc benefit corporallons and lPAs County staff Will serve as staff to the lPA The County Treasurer and Controller Will act as the lPA s treasurer and controller respecllvely The Agreement does allow for any member agency s staff to serve as staff to the lP A AllocatIOn of Costs Exhibit C contaInS the allocatIOn table for each member agency proVIded by AFV and the allocatIOn of the debt repayment and operational costs I II Executive Manaeement Committee In addlllon to lPA admmlstratlOn an Executive Management CommIttee compnsed of city and county staff Will be formed to proVide oversight ThiS oversight Will mclude but not lImIted to debt Issuance contract negollatlons and financial reportIng ) 2 AGtle "liE ,1 [.0 3=+ , P;-~z4-o;:~5~ ~ JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF CANYON LAKE, THE CITY OF LAKE ELSINORE, THE CITY OF MURRIETA, AND THE CITY OF TEMECULA, CREATING THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY (Ammal Shelter) ThiS Jomt Powers Agreement dated for convemence as of November 30 2004 by and between the County of RIversIde (hereafter refelTed to as COUNTY) and the City of Canyon Lake ( Canyon Lake ) CIty of Lake Elsmore ( Lake Elsmore ) CIty of Mumeta ( Mumeta ) and City ofTemecula ('Temecula ) colleclIvely the CllIes each body bemg a body corporate and polIlIc of the State of CalIfornia or publIc entllIes or agencies of the State of CalI form a RECITALS WHEREAS COUNTY and Canyon Lake Lake Elsmore Mumeta and Temecula have mutual mterests m Jommg together to develop wlthm the geographIc area common to all parties a plan or program to construct and operate an animal shelter located wlthm the geographic boundarIes as attached hereto m Attachment A m complIance with State laws and regulatIOns and WHEREAS It IS the mterest and desIre of the parties to enter mto a Jomt Powers Agreement to establIsh SCF A as a publIc entIty separate and apart from the partIes hereto as heremafter descrIbed and set forth which entIty shall then set about the task of accomplIshmg the purpose of thIS Jomt Powers Agreement m a manner most capable of promolmg the greatest publIc good and welfare and WHEREAS the parties hereto are each empowered by law to provIde for the ammal shelter needs to elIgible residents of each enlIlIes either dIrectly or by contract or SImilar alTangement NOW THEREFORE m conslderahon of the above reCItals of the mutual promIses and agreements herem contamed and for other valuable conslderahon the partIes hereto agree as follows I ACt: ::'ITEMNO~ PAv~.lL5.- 01' .Jt) 8 SECTION 1 PURPOSE This Jomt Powers Agreement (heremafter referred to as Agreement ) IS made pursuant to the provISIons of ArtIcle I Chapter 5 DIvIsIOn 7 of Title I (commencmg wIth SectIon 6500) ofthe Government Code of the State of CahfornIa (heremafter referred to as the Act ) for the express purpose of constructmg and housmg ammals also known as operatmg an ammal shelter to serve resIdents of the partIes hereof It IS the mtent of thIS Agreement that none of the decIsIOns regardmg field servIce boundanes or levels of service for ammal control for each of the member entItIes shall be affected by the creatIon of thIS JP A or by membershIp m thIS JP A The purpose of this Agreement shall be accomphshed and the common powers of the partIes hereto exercIsed m the manner heremafter set forth SECTION 2 CREATION OF AUTHORITY Pursuant to the Act there IS hereby created a public entIty to be known as the Southwest Commumtles Fmancmg Authonty ( SCFA) SCFA shall be a pubhc entity separate and apart from the parties hereto and as provided by law and not otherwIse prohIbIted by thiS Agreement shall be empowered to take such actIons as may be necessary or desuable to Implement and carry out the purpose of thiS Agreement SECTION 3 TERM ThIS Agreement shall become effectIve as of the date hereof and shall contmue m full force and effect untIl terrmnated as provIded m SectIon 4 below ,. ) ) ) 2 AGiOi'll: 'l, ITEM r.o 3-::::r ~ -~AC:~OF~ I!~ _ SECTION 4 TERMINATION AND AMENDMENTS (a) The parties hereto may amend this Agreement by mutual wntten consent (b) The partIes hereto may tennmate their partIcIpatIOn m the Jomt Powers Authonty and this Agreement as provided herem (C) IfSCFA has mcurred no obhgatlOns each party may term mate thIs Agreement by glvmg not less than sixty (60) days wntten nollce thereof to the all other partIes (d) If SCF A has acquued any mdebtedness fiscal obbgatlOn and/or any property each party hereto may termmate this Agreement by glvmg twelve (12) months wntten nohce thereof to all other parties subject to the provIsIOns of SectIOns 4(e) and 4(1) herem (e) ThIS Agreement calillot be termmated untd all forms ofmdebtedness and/or fiscal obhgahon mcurred by SCFA have been paid or adequate provIsIOn for such payment shall have been made (I) In the event the Agreement IS term mated any property acqUired by SCF A from the effechve date ofthls Agreement mcludmg but not bmlted to money shall be divIded and dlstnbuted between the partIes m proportIOn to the contnbutlOns made mcludmg contnbutlOns made as provIded m SectIOn 10 below unless otherwIse requued by law SECTION 5 POWERS AND DUTIES OF SCFA SCF A shall have the powers common to the partIes to thIS Agreement to (a) ExerCise those powers enumerated m the Act as the same as now eXIsts or as may heremafter be amended (b) Do all acts necessary or convement to the exerCIse of the foregomg and to accompbsh the purposes ofth,s Agreement mcludmg bill not necessanly hmlted to the followng 3 MSE~C" ITEM NO ~ - PA..i:~\)" ~ /- ( I) to make and execute all contracts agreements and documents mcludmg wIthout hmltahon agreements wIth any of the parties to this Agreement other local governments agencies or ) departments the State ofCahfornla the Umted States of AmerIca or agencies thereof or any enhty person or corporatIOn of any kmd or nature whatever (2) to employ agents servants and employees (3) to acqUire hold and dispose of property both real and personal (4) to acqUire construct mamtam manage operate and lease bUlldmgs works and Improvements (5) to accept gills (6) to sue and be sued m ItS own name (7) to apply for and receive any aVailable federal State and/or local grants (8) to employ legal counsel (9) to employ consultants ) (10) to adopt a budget (II) to Incur debts hablhhes and obligatIOns (12) to estabhsh a treasury for the depOSit and disbursement offunds and momes accordmg to the pohcles and procedures set forth m thIS Agreement (13) to mvest any money held m the treasury that IS not reqUired for unmedlate necesslhes of SCF A as SCF A determmes IS adVIsable m the same manner and upon the same conditIOns as local agencies pursuant to Sechon 52601 of the Government Code (14) to Issue bonds and other eVidences of mdebtedness for the constructIOn of an arumal shelter and the consent of the Governmg Board of each member to partlclpahon m tins Jomt Powers AuthorIty shall be deemed consent for the Issuance of bonds by SCFA as reqUIred under Government Code sechon 6500 et seq ) 4 A"EI:}liE,l~O~ PA->_dlLlIC-1.'))< - The hstmg ofthe above acts IS not mtended to mdlcate any prIOrIty of one act over another Nor IS such hstmg mtended to be mcluslve and other acts may be done m the accomphshment of the purposes of thIs Agreement as are authorIzed One or several acts may take place concurrently or m sequence SECTION 6 CREATION OF THE BOARD OF DIRECTORS (a) CreatIon of the Board of Directors In order to effectuate the purposes of this Agreement as set forth herem SCFA shall be governed by a Board ofDuectors (heremafter called the Board) and all of the powers ofSCFA shall be exercIsed by the Board (b) MembershiP The Board shall be composed of the followmg members (I) One (I) member of the Board of Supervisors of Riverside County (2) One (I) member of the CIty CouncIl of the City of Canyon Lake (3) One (I) member of the City CouncIl of the City of Lake Elsmore (4) One (I) member of the City CouncIl of the CIty of Murneta (5) One (I) member of the CIty CounCil of the City of Temecula (c) DeSIgnatIOn of Members Members shall serve on the Board dUrIng the term for whIch they are a member of the Board of Supervisors or a member of the City Council from which they are appomted A member s posItIon on the Board shall automatIcally lermmate If the term of the elected pubhc office of such member IS term mated (d) Reimbursement The Board may provide for reimbursement of rea so nab Ie expenses mcurred m connectIon wIth a member s service on the Board (e) Ouorum and TransactIon of Busmess Three (3) members of the Board shall constItute a quorum A vote of three (3) of the members present shall be reqUIred to take actIOn except for 5 kG~' :" do ~1lI. 0 :3-=4- PAY:~~;: 15~= adjournment of a meeting whIch shall reqUire only a majonty of those present No proxy or absentee voting shall be permitted (f) Meetings The Board shall establIsh the tIme and place for Its regular and special meetmgs ) The dates hour and locatIOn of regular meetmgs shall be fixed by formal actIOn of the Board The Board shall hold at least one (I) regular meetmg every calendar year SpecIal meetmgs and adjourned meetmgs may be held as reqUired or permitted by applIcable law (g) Ralph M Brown Act All meetmgs of the Board Includmg wIthout lImitatIOn regular speCial and adjourned meetings shall be called notIced held and conducted In accordance with the provIsIOns of the Ralph M Brown Act (commencmg with SectIOn 54950 of the CalIfornia Government Code) (h) Rules The Board may adopt from tIme to tIme such rules and regulatIons for the conduct of Its meetmgs and actIvItIes as It may deem necessary In the absence of specIfic rules for SCF A meetmgs the rules ofthe Board of Supervisors shall be applIcable for the conduct ofmeetmgs ofSCFA ) I SECTION 7 FISCAL OBLIGATIONS OF THE MEMBERS It IS the mtent of the members ofSCFA that the follOWing fiscal oblIgatIons shall be agreed upon for all members (a) Debt repayment of any bonds Issued by SCF A - shall be paId by each member based on the percentage of anImals housed at the faCIlIty on an annual baSIS (b) AdmmlstratIon costs of the SCF A - mcludes but not lImIted to the followmg Items stIpends legal fees audit costs admmlstratIve fee mIleage reImbursement - shall be borne equally by all members of SCF A ) 6 II.I:i\:NC , ITE, 1 r,o -PAu;:JJ.ro ~=t Or /5 % (c) OperatJon of ammal shelter ~ shall be paId by each member based on the percentage of ammals housed at the facIlity on an annual basIs (d) DetenmnatlOn of the percentages for sub sectJons (a) and (c) shall be made on an annual basIs m January based on the usage mformatJon received for the precedmg calendar year The percentages shall be designated for calculation startmg July 1 st of that same calendar year (e) AnnexatIOns of any area by any member shall result m that member assummg fiscal responsibIlity for the area annexed The addltJonal annexatJon shall result mare calculatJon of percentages of (a) and (c) (f) IncorporatJon of any geographic area served by SCF A and m the event of the new city not JomIng as a member In SCF A COUNTY shall reserve the ability to contract directly wIth the new city for am mal servIces (g) Any member agency wlthdrawmg from SCFA agrees to payment of the current percentage of the follOWIng (I) After the Issuance of bonds the member agency agrees to payment of the member agency s current percentage of the amount of the outstandmg bonds (n) Any unpaid pOrtion of the admlmstratJve costs ofSCFA calculated up to the ef'eclIve date of termmatlOn of partlclpalIon In SCF A of the member agency (111) Any unpaId portIOn of the operatIOn costs of the ammal shelter calculated up to the effechve date oftermmahon of participatIOn m SCFA of the member agency SECTION 8 OFFICERS AND EMPLOYEES (a) Chairperson and VIce ChaIrperson The Board may select a chaIrperson and a vIce chairperson from among ItS members at ItS first meetmg and annually thereafter The term of the Chairperson and VIce Chairperson when selected In thIS manner shall be for one (1) year -tvi:, i: lTErJl NO ~ _PAv:Jill-uJ= Jf')'iL" 7 In the event that the Chanperson or Vice Chauperson so elected resigned from such office or ceases to be a member of the Board the resulting vacancy shall be filled at the next regular meetmg of the Board In the absence or mabllity of the ChaIrperson to act the Vice Chairperson shall act as ) Chairperson The ChaIrperson or m the Chairperson s absence the Vice ChaIrperson shall presIde at and conduct all meetings of the Board (b) Treasurer The Treasurer of the County of RIverside shall be and shall act as the Treasurer of SCF A The Treasurer shall have the custody of SCF A s money and disburse SCF A funds pursuant to the accounting procedures of the County of RIversIde The Treasurer shall assume the duties descnbed In SectIOn 6505 5 of the Government Code namely receive and receipt for all money of SCF A (WIth the exception of any bond proceeds whIch shall be deposited with the Trustee bank) and place It In the Treasury of the Treasurer to the credIt of SCF A be responsible upon an offiCial bond as prescnbed by the Board for the safekeepmg and disbursement of all Agency money so held pay when due out of money of SCF A so held all sums payable only upon warrants of the officer perforrmng the functIOns of the ) Controller who has been deSignated by SCFA or the Board venfy and report In wntmg In conjunction With the annual audit of SCF A and to the parties to thiS Agreement the amount of money held for SCF A the amount of receipts since the last report and the ambunt paid out smce the last report and perform such other dUlles as are set forth In thiS Agreement or speCified by the Board Any and all funds of the SCF A shall not be commmgled With any other funds held by the Treasurer (c) Controller The Auditor/Controller of the County of Riverside shall be the Controller of SCF A The Controller shall draw warrants to pay demands agamst SCF A when such demands have been approved by the Board or by any other person authonzed to so approve such by thiS Agreement or by resolutIOn of the Board The Controller shall perform such duties as are set forth In tlus Agreement and such other dulles as are specified by the Board J 8 l\c,::: ;: , ITElA NO -3 --=t - P'~:J8.a. ofJ50--- - /' -~-- There shall be stnct accountablhty of all funds and reporting of all receIpts and dIsbursements The Controller shall estabhsh and maintain such procedures funds and accounts as may be reqUired by sound accounting praclIces The books and records ofSCFA In the hands of the Controller shall be open to InSpeclIon at all reasonable tImes by representatIves of the partIes to thIs Agreement (d) Program AdminIstrator The ExecutIve Officer for the County of RIversIde or deSIgnee shall be the Program Administrator for SCF A The Program Administrator or deSIgnee shall direct the day to day operatIOn of SCF A The Program AdmInIstrator shall serve subJect to the Board s pohcles rules regulatIons and instructIOns and shall have the powers descrIbed In thIs Agreement and those delegated and assIgned by the Board including without hmltatlOn (I) to appOint remove and transfer employees of SCF A mcludmg management level officer, subject to the condItIons of employment of these indIVIduals as employees ofSCFA except for the Treasurer Controller and Attorney of SCF A and such others as the Board may deSIgnate \2) to enforce all orders rules and regulalIons adopted by the Board relatIng to the regulalIon operatIon or control of funds facIlitIes propertIes and apparatus of SCF A (3) to authonze expenditures whenever the Board shall have approved and authonzed any work ImplOvement or task and shall have budgeted or appropnated the necessary money therefore (4) to have custody of and accountablhty for all property ofSCFA except money (5) The Program AdminIstrator wIth the approval of the Board shall contract wIth an Independent certified pubhc accountant or firm or certIfied publIc accountants to make an annual audit of the accounts and records ofSCFA and a complete wntten report of such audIt shall be filed as publIc records annually wIthin SIX (6) months oflhe end of the fiscal year under examinatIOn with each oflhe parties to thIS Agreement Such annual audIt and wntten report shall comply wIth the reqUIrements of SectIOn 6505 of the Government code The cost of the annual audit Including contracts wIth or employment of such Independent certIfied pubhc accountants In makIng an audIt pursuant to thiS ~ 9 4-\,J~,\1_ '\ iTEr.n r.O 3::r- ~ PtlJ:ldJ- u:~I/)~ ----- Agreement shall be a charge agamst funds of SCF A avaIlable for such purpose The Board by unammous vote may replace the annual audit with a special audIt covenng a two year penod ) (e) Consultants Subject to the aVaIlability of funds the Board may employ such consultants advisors and mdependent contractors as are deemed necessary and desirable m Implementmg and c1rrymg out the purposes of thiS Agreement (f) Attornev for SCFA The offices of the RIVerSide County Counselor counsel as retamed dIrectly by SCF A shall be the attorneys for SCF A The Board may employ by contract or otherwise speCialty counsel SECTION 9 EXECUTIVE MANAGE'VIENT COMMITTEE There shall be an ExecutIve Management Committee established conslstmg of the County ) Executive Officer or designee of COUNTY and City Managers or designees of CANYON LAKE LAKE ELSINORE MURRIETA TEMECULA and any other member city who may Jom SCF A The ExecutIve Management Committee shall meet as necessdry to review the operatIons and busmess of SCFA SECTION 10 REIMBURSEMENT Officers and employees of the parties (exceptmg members of the Board) deSignated m thIS Agreement to proVIde services for SCF A shall be reimbursed by SCF A for their actual costs of provldmg such services In additIon additional services prOVided by officers and employees ofthe parties pursllant to contracts with SCF A shall be reimbursed as proVided by the contracts All reimbursements by SCF A ) shall be made after recelvmg a.. Itemized billing for services rendered 10 AG~N~)'IT3M NO ~ PA~E~OF IE)~ __ __ SECTION 11 FISCAL YEAR The fiscal year of SCF A shall be the penod commencmg July I of each year and ending on and including the followmg June 30 SECTION 12 CONTRIBUTIONS BY THE PARTIES The partIes to thiS Agreement may provIde contnbutlOns In the form of publIc funds and/or In kmd servIces eqUIpment furnIshings office space and other kmds of property whIch may be reasonably necessary for SCF A to accomplIsh the purposes of thIs Agreement SECTION 13 EMPLOYEES OF SCFA (a) RIversIde County Employees There shall be no indIVIduals dIrectly employed by SCF A Employees for the purposes of mdemmficatlOn and defense provIsIOns herem shall be shall mean all persons employed by RIversIde County or any member agency and assIgned to dutIes for SCFA (b) IndemmficatlOn and Defense of Employees (I) WIth respect to any cIvil claIm or actIon against any DIrector Officer Employee Board Member Committee Member or a person who formerly OCCUpIed such poSItIon for an Injury ansmg out of an act or omiSSIon occumng wIthm the scope of such person s dulies SCF A shall mdemmfy hold harmless and defend such person to the full extent permItted or reqUIred under applIcable sectIons of the CalIforma Government Code II A(jEND~ ITEM NO 31- . PAo:~_c<:_15~__ (2) Nothmg herem shall be construed to reqUire SCF A to mdemmfy and hold harmless any Dlfector Officer Employee Board Member CommIttee Member or a person who formerly ) occupIed such posllIon IfSCF A has elected to conduct the defense of such person(s) pursuant to an agreement reservmg SCF A s rIghts not to pay a Judgment compromise or settlement unllllt IS establIshed that the mJury arose out of an act or omiSSion occumng wlthm the scope of his or herdulIes with SCFA (3) Nothmg hereIn shall be construed to reqUire the SCF A to Indemmfy or to proVIde a defense for any DIrector Officer Employee Board Member Committee Member or a person who formerly occupied such poslllon where the Individual has acted In an Illegal willful or Intenllonally neghgent manner giVIng rIse to the claim or hlIgatlOn (4) The folloWIng defimllons shall apply to SCFA (I) DIrectors shall Include the folloWIng Members of the Governmg Board of Directors of SCF A and the Program AdmInIstrator (II) Officers shall Include all IndIVIduals who are defined In DIrectors hereIn ) the Treasurer Controller and Attorney(s) for SCFA as defined hereIn (Ill) Employees shall mean all persons employed by RiversIde County and assigned to dulles for SCF A (IV) CommIttee Members shall mean all persons appoInted by the GovernIng Board to any adVISOry commIttee or committees of SCF A all persons appoInted by the Program AdmInistrator to any adVISOry commIllee or committees of SCF A SECTION 14 LIABILITIES SCF A shall account separately for all funds collected or disbursed for each party to thiS ) Agreement It IS the mtent of the partIes to the extent permItted by law that the hablhlIes of each party 12 AGt:\C '.1"fE',1 NO .3 =t . PAO:JJJp-O;; .JDZ_ for the ammal shelter services provided to that party s members shall not become a hablhty of any other party to thIs Agreement The debts hablhtles and obhgatlOns ofSCFA shall be the debts hablhlles and obhgallons of SCFA alone and not of the partIes to thIS Agreement SCFA shall mdemnlfy defend and hold harmless each party to thIs Agreement from and agamst any and all hablhlles debts claIms demands or costs (mcludmg but not lImIted to aUorney s fees) ansmg or alleged to anse as a result of SCF A s operatIon or faIlure to operate SECTION 15 NOTICES NotIces reqUired or permitted hereunder shall be suffiCiently gIven Ifmade m wntmg and dehvered eIther perwnally or upon depOSit mto the U S MaIl first class postage prepaId to RIVERSIDE COUNTY Execullve Office County Admlmstrallve Center 4080 Lemon Street 41h Floor RIverside CA 92501 AUn Deputy County ExecutIve Officer Fmance CITY OF CANYON LAKE 31516 RaIlroad Canyon Road Canyon Lake CA 92587 AUn CIty Manager CITY OF LAKE ELSINORE 130 South Mam Street Lake Elsmore CA 92530 AUn CIty Manager 13 AC;iN:.l. 11E''\ NO ~~~~ PA:!.:~~ _ . CITY OF MURRlET A 26442 Beckman Court Mumeta CA 92562 ) Attn CIty Manager CITY OF TEMECULA 43200 Business Park Dnve PObox 9033 Temecula CA 92589 Attn CIty Manager SECTION 16 OTHER AGREEMENTS NOT PROHIBITED Other agreements by and between the parties to thiS Agreement or any other entIty are neIther prohIbIted nor modIfied In any manner by executIOn of thIs Agreement ) SECTION 17 SEVERABILITY If any sectIOn clause or phrase of thIS Agreement or the applIcatIOn thereof to any party or any other person or circumstance IS for any reason held to be invalId by a court of competent JunsdlctIon It shall be deemed severable and the remainder of thIs Agreement or the applIcatIon of such provIsIOn to the other party or other persons or cIrcumstances shall not be affected thereby ) 14 AGCN::'HTEM NO ~ __ fw::,:-Ic!J..'6 of_15g~-- SECTION 18 NONASSIGNABILlTY The nghts Titles and mterests of any party to this Agreement shall not be assignable or transferable without the wntlen consent of the Board of Supervisors for RIVerside County and the Governmg Board of any of the other parties to this Agreement SECTION 19 MISCELLANEOUS (a) SectIon Headmgs The sectIOn headmgs herem are for convemence of the parties only and shall not be deemed to govern hmlt modify or m any manner dffect the scope meamng or mtent of the proVISIOns or language of thiS Agreement (b) Laws ofCdhfornm ThiS Agreement IS made m the State ofCahfornla under the ConstitutIon and laws of such State and shall be construed and enforced m accordance With the laws of the State of Cahfornla (c) ConstructIon of Language It IS the intention of the parties hereto that If any proVISIOn of thiS Agreement IS capable of two constructions one of whIch would render the proVISIon vOId and the other of which would render the proVISIOn vahd then the proVISIOn shall have the meanmg which renders It valId (d) CooperatIOn The parties to thiS Agreement recogmze the necessity and hereby agree to cooperate WIth each other In carrymg out the purposes of thiS Agreement mcludmg cooperation m manners relatmg to the publIc accountmg htIgatlOn publIc relations and the lIke (e) Successors ThIS Agreement shall be bmdIng upon and shall mure to the benefit of the successors of the parties hereto 15 .6.0ENfA ITEM NO 2, =t PAC;:..L~~:.J.lF-/50 (f) PubhcatIon Ruilits Each party to this Agreement shall have the nght to duphcate at ItS own expense any and all documents and reports created or acqUired m the Jomt exercise of powers hereunder ) by the Board or by any other party hereto pursuant to thIs Agreement IN WITNESS WHEREOF the partIes hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authonzed as of the date tirst above wntten COUNTY OF RIVERSIDE By Dated Chair Board of Supervisors ATTEST Nancy Romero Clerk of the Board By Dated ) Deputy [Seal] Approved as to form and content Wilham C Katzenstem County Counsel By Deputy County Counsel CITY OF CANYON LAKE By Dated ) Mayor CIty Council 16 t\otNC \ IT;;;"~ NO 3 -=+ PAcr:.J2f{LoU5~ ATTEST By Deputy [Seal] CITY OF LAKE ELSINORE By Mayor City Council ATTEST By Deputy [Seal] CITY OF MURRIETA By Mayor City Council 17 Dated Approved as to form and content City Attorney Dated Dated Approved as to form and content City Attorney Dated ,$jt~l!.': n:, r~o ~3-=t "PA,,::~OF 1,'J1. ATTEST By [Seal] Deputy CITY OF TEMECULA By- ATTEST By [Seal] Mayor CIty Council Deputy 18 Dated ) Approved as to form and content CIty Attorney Dated Dated ) Approved as to form and content City Attorney ~CENr: '\ ITE!'" NO - PACE 1,3~ ) .2, -=t OF 1.51(; ~~ EXHIBIT B ~ AGCtlr:l.mMNO~ ; PJV:J;:: /33 0'" 15Y\ -- - --- ~ - I I )/ Es-t mated Sll ISO 000 Count) of Rn erslde Certificates of PartlclpdtlOn (Ammal Shelter) SOUl ces 8-- Uses Dated 01/01l20~51 Del e d 0110112005 Sources Of Funds r A 0 I ro ds T ( I~ Uses Of Funds ~!....~U...i~l_-.!?SCO~ (O.!~/) 9>s~ofJss~EC Q~~!!o d!-...!._P_M~~JO~p)__ ~ Qeeo~t 0 Debt S rv c R TV f d lDS.!!.l..- Q...~_~~~~_~C1F) f d D_P2- t I~..J CO stru to!: nd Ro _~c..A 0 ~~___ _ _ _ ____ Tot I Us s ~u9 J $ \ ~ )J) 15000000 - --- _~ 15~.Q.O~ Q9 89 200 00 - -- .!!lll. 000 00 _...!..!~ 794 00_ 834 200 00 I 00 )00 00 2 000 00000 3 306 00 SII,ISO,OOO 00 ~ \t!-"" AGC\lr:l.\TEMNO~ ~PA':>;: /33 0'" L5~__ ) Est maled 511150000 Counly of RI\ erslde Cerlifintes of ParticipatIOn (Anmldl Shelter) Debt Sel vIce Schedule Date 0101/200) 01 01 006 01101[')007 01/01/200S ~OI{?OQ2... 0110112010 011011 01 J 01/01f2012 0110112013 _ 01 01.0l!~ OIIOIf'l015 01/01/2016 01/0112017 01101120lS .!>!~'EOJJ 01l0ln020 0110112021 OIJOlno 2 01'011202 01/0112024 OtlOI/:(02.) 01101'20'0 0110112027 01101/20'8 --9._Il!.!QQ2~ _ 01/,)1/2030 OI/OlrOll 01101/2032 0110112033 0110112034 T t I YIeld StatIstics BodYeaDlIs A 1>.. If ~geCOll~_ Pnnclpal Coupon Interest Total P+I 661} 00000 669 000 00 16000000 6000"/ 66900000 829 00000 17000000 6000"'/ 65940000 829 400 00 18~~OO 6oo0L --0~?.QtL 00 8~ 20.QOlL 19500000 6 000"/ 638 10000 833 1000lJ 205 000 00 6 000"/ 62f 400 00 83140000 22000000 6 000"/ 614 100 00 834 10000 23000000 6000/ 600 900 00 830 900 00 24500000 ~.QOO"/ _ :587 10000 _ __o..l..!..OOOO -----~ - -- ~ 260 000 00 6000"/ 572 400 00 83240000 275000 00 6 000"/ :556800 00 83180000 290 000 00 60001 54(} JOOOO 830 300 00 31000000 6000"/ 522 90000 812 90000 32500000 6000/ 504 JOO 00 8292QQOQ 34500000 6 000"/ 48480000 8)9 800 00 370 000 00 6000/ 404 100 00 83410000 39000000 6000"/ 44190000 E3190000 41500000 6 000"/ 41850000 833 500 00 440 000 00 6 000"/ 39360000 813 6OQ. OQ.. 46500000 6 000"/ 367 200 00 832 200 DO 490 000 on 6000/ JJ9 300 00 329 300 00 52000000 6 000"/ 30990000 829 900 00 555 000 00 6000/ 27870000 833 70000 285 QQO ~ - 6000"/ 245~~~0 _810 400 00 ';20 000 00 6000/ 1030000 830 30000 660 000 00 6 000"/ 173 10000 8)3 100 00 700 000 00 6000/ 133 )(}(I 00 833 500 00 740 00000 6 0000/ 9150000 83150000 785 000 00 6 000"/ 4710000 83210000 SJI 150000 00 S 12 808 800 00 S2J 9.:>8 800 00 $213 480 00 _ ~6Y_ 6 0??oo00"1 N (I t sleo 1(N1C) Tru I le: esl Cost rrrq__ Bond y J.dJ~Arb f_g~ rpo_ _ Alii J Cost(AIC) ___~___ ___ 604J7838/ _ _ _ _~07532~/_ 61013806/ - - -- - 626502921 IRS Form 8038 Ntlllt stCost ~_~____ Well'dA l!: M tu Ily Es mated $111:>0000 County of R,versIde ) CertIf,cates of Pdltlclpallon (AnImal Shelter) I I Net Debt Sel vIce Schedule I I Date Pnnclpal Coupon Interest Total P+I DSR etF Net I'-.ew OIS l 01/0112005 I GIIO 112006 669 000 00 669000(1() (669000 00) 011011200 16000000 6 000"1 66900000 82900000 (3J4 50000) 494 :-00 00 01/01/2008 17000000 6000"1 659 400 00 82940000 829400 00 OI/O!!LOO9 _ ~..!boooOO _j~/ _ _ 649200-9~_2)42oo~__ - 8)4 200 00 01101/2010 19500000 6 000"1 638 100 00 833 100 00 & ) 10000 DIIOlnOl1 20500000 6 00001 626 400 00 83140000 83140000 01l0lnOl2 220 000 00 600001 614,0000 8)4 100 00 834 10000 OI/OlnOI3 23000000 6 0000/ 600 900 00 810 900 00 830 900 00 yllOt,?Q!4 24500000 6000"/ __ 587 10000 JB. IQ1JilO_ _!!2,10000 ---- 01101/2015 2W 000 00 60000/ STI 40000 &32 400 00 832 40000 01/0112016 27500000 6 000"/ 556 800 00 8)1800 0 831 80000 01/01/2017 290 000 00 6 000"/ 540 300 00 830 Joo 00 810 100 00 0110112018 11000000 6 OOO"/. 522 90000 832 900 00 832 90000 OIlOlnOl9 __J2~OOOoo __6~~ 504 300 00 829 100 00 829 lQQ.QO Ol/Oln020 34) 000 00 6 0000/ 484 800 00 829 800 00 829800 00 01l0ln021 37000000 6 00001 464 10000 8]4 100 00 834 10000 011011202 390 000 00 6 000"1 44190000 83190000 81190000 )1 OI/Oln023 41500000 6 00001 41850000 833 500 00 Sl 500 00 0110112024 440 000 00 6 000"/ 393 600 00 8 600 00 833 60000 o 110 In025 465 000 00 6 000"/ 367 200 00 8J2 00 00 S 20000 n "'026 490 000 00 6 000"1 339 300 00 829.JOC :10 82) 300 00 0llOln027 52000000 6 OOO'Y 109 900 00 82990000 82990000 OllOln028 <;5500000 6000% 21870000 83 700 00 8H 10000 ~OI12029_ _ 585~OO_ 6 000"<'-. _ 24540000 fl30 4QQ 00 S 040000 0110112030 ..>20 000 00 6 0000/ 210 100 00 810 JOO.QO 830 JOO 00 01/0112031 66000000 600001 113 100 00 83] 100 00 SH 10000 0110112032 700 000 00 6 000"/ IJ3 500 00 83J 50000 83J 500 00 OIIOIf'On 74000000 6OO(W 91 500 00 8JI 500 00 83150000 ~!!O-"20J4___ C85,()00 00_ ~ OOO"~___ ~1-oo 00 8J2 100 ilO J8H 2Q!l 00) (2 'Q!l_00) Tot I SII 15000000 "2.808 800 00 S J 9S~ 800 00 (834200 00) (1003,50000) S221l110000 / AGENC... ITEM NO -PAOE- E 1 mated Sl1 150000 County of RIversIde CertIficates of ParticIpatIOn (Anllnal Shelter) PnclIlg S...mmal j Maturity 01 0112007 01/01/2008 01 OlllOO9 OI/OlaOIO 01/0112011 01101/2012 0110112013 0110112014 0110112015 01101/2016 01 OlllOI7 01l0lllOl8 o 10112019 0l/OIll020 011OIfl021 01f0lf2012 0110112023 01l0lll024 01101/202<; 0110112026 0110112021 01/0112028 0110112029 01101(7030 01/{HI2031 ---- 0110 non 01l01120n 011OIn034 Type of Bond S leo p Sol Co p SnlCopo Scn t Co po _S.!!-IC I? S n ICo p SnlCopo $ 0 ICo p S 10> p SolC_po SnlCopo $en I Co po $co ICo po SnlCopo _s_~~_ Snrcopo SnlCopo SnlCopo $nlCopo _$ n ~Sl..po_ S n IC po SnlCopo $ n IC po SnlCopo _ _~.!S~_ SnlCopo SnlCopo SnlCopo Coupon Yield Mawnly Value Pr ce Dollar Price ( 0001 60001 160 000 00 1000001 16000000 6000 6000/ 17000000 I()IlOOOI 17000000 60001 60001 IS:> 00000 100 0001 18500000 6000 60001 19) 00000 100 000 I 00000 60001 60001 205 000 00 100000 20) 000 00 - -- o ()()()OI 6 000"1 220 000 00 1000001 220000 00 60001 600()GI 230 000 00 100 ooer 230 000 00 60001 60001 24)00000 100 0001 24500000 601)01 600()<"1 260 000 00 100000"/ 260 000 00 6 000"/ 6 000"1 275 00<!.09 1000001 175 OQ~~ 6000/ 60001 290 000 00 1000001 9000000 60001 60001 31000000 100 00001 10 000 00 60001 6000"1 Jh 00000 1000001 2 000 00 6001)"/ 6 000"/ 34500000 100 0001 J45 000 00 6 000'/ 60001 37000000 1000001 370 OOQ. 00 ~-- -- - 60001 6000/ 390 000 00 (00 oo(}-'/ 39000000 60001 6000""- 41500000 100 0001 41500000 60001 6000"/ 44000000 1000001 440000 00 6000 60001 46500000 100 0001 465 000 00 6000 6000/ 49000000 lOO_OO..,Q1 4~ Q!>O O!.. 6000/ 6 000"/ 52000000 1000001 52000000 60001 600lW 55500000 100000"1 55500000 6000/ 6 OUO/ 585 00000 100 000"1 585 000 00 6000 600(l"/ 62000000 100 000/ 620000 00 60001 6000 660llQOOQ 100 OO()61 6~0 OOQ 00 0000/ ( 000/ 700 000 00 1000001 700 000 00 60001 60001 740 000 00 100000/ 74000000 6000/ 6000/ 785 000 00 100 0001 785 000 00 SII 15000000 Sit 15000000 T .. BId Information P Am ofBo d GossProd f~ ____ _ T tal Underwn IX D Bd(99200"/) T tal P I se P ce Bo dYc.a_Oolla~ A f:': L fe ^ ~ Co po ~OBOo-/~_ Ntll cstCol{NIC)~_ T ru I t est Cost (fIe) SII11Q.OOO~ 51115000000 _~89100 OOt II 060 800 00 ~ - - -- - ~~060 800 ~ S...!34~OOQ ~___~____ ~___ 19146Y ~-- - - - --- ---- ~ - - ~QQOOOOC'I 60417838/ EXHIBIT C ) ~) ~ J AGENCA ITEM NO 3-=+- PAC'E L'1K OF /,'1"0 , :r () <) ct ~ 0- f) -ll i~ & "'- >. - C ::> 0 0 '" u Ul .... ~ '" '" 0 > .Y M cr: m ..- 0 ..J M > C m ~ 0 '" () >. .... c <( 0::: m .... 0 0 (/) ....J <( :=E z 4: 0 w > ~ u u 0 w ~ a: 0 0 <n N ? ~ . m <D - ~ M '" ..- a .... 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'" <J) -' J '" o w 0) N ;:: ~ ITEM NO 3::f Ao-;:~oU58' - lake Elsinore Charges & Fees Del 03 Sept 04 LICense Revenue $ 9325800 Yearly Payment from City + cItes ($7 500 x 12) + c.tahons T olal Rgvenue for ServIces 94 992 50 $ 18825050 Proposed Debt & ServIces 529 304 00 Increase In Cosls $ 341 053 50 4\GENCA ITEM NO 3.-) IpAOE } t?) OF ). C) K 00 ) ..... -Q) ta C1 E"'C ~U) - ::::J c s:: c:a 0 c I.: <t- O C> C> C> -0- - - C> N C> 0 ro:a..2:: - - U) 2:: C> Lf) 1:)~LJ) ..... ..... ..... U) C> f'..- C> t-OcY1 M Lf) N ~ .- U M ~ Lf) M I- M -vT- 1:A- 1:A- 1:A- 1:A- to I s:: Q) I-t E u :a.. - 0 ~ ~ ~ ~ ) 0 "'CQ) ::J ::J ::J Q)U) 0 0 0 U 1JQ) Q) Q) ~ ~ ~ ro U') If) If) U U U ::J ::J ro ro ro CU :a.. ::::J 0 0 1- 1- 1- .....0 ~ ~ ~ 5J: J: J: c c c U I I 0 0 0 C C U U U .- U I--l I--l > I.. (I) U) >- >- <lJ - - ..... ro 0 .- > ""0 m U ""0 - 0 ro ro ""0 >- E c C ..0 C ro Q) 0 If) 0 S 1- 1- 1- U .- 0 0 ro If) 0 ) C L U U w a.. <C ~CENCA ITEM NO -3 --::K . " PAOE.J#-OF I --- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL Jl- TO MAYOR AND CITY COUNCIL FROM RlCHARDJ WATENPAUGH CITYMANAGER DATE AUGUST 24 2004 SUBJECT ANIMAL SHELTER JP A BACKGROUND Dunng the past five (5) years the City of Lake Elsmore has been partlclpatmg (as a chent City of Arumal Fnends of the Valleys [AFV]) m discussIons regardmg the constructIOn of a new southwest arumal shelter Dunng tlus tIme V3TIOUS fundmg mecharusms have been explored With costs of the shelter ranging from 5 2 mIlhon dollars to 9 1 mIlhon dollars DISCUSSION The County Board of Supervisors has approved the conceptual proposal (staff report attached) to form a Jomt Powers Authonty (JP A) With AFV and the chent cItIes (Temecula Mumeta, Canyon Lake) to finance and construct a commuruty anImal shelter m the southwestern portIOn of the County Each member/chent City IS bemg requested to present to their respectIve CouncIls the conceptual formatIon of a JP A m an effort to gam approval for the formatIOn of the JP A The City Council s approval to conceptually agree to participate m the JP A would allow the County to move forward With negotIatIOns With the cItIes on the formatIon of the JP A The conceptual approval does not obligate the City to Jam the JP A or construct an anrmal shelter The City Council Wlll be presented With the final document for approval and participation In the JPA FISCAL IMPACT None at tlus trme ACEltDA ITEM ItO :3~ ~ PAoe~OF U)~ RECOMMENDATION It IS staffs recommendation that the Mayor and CIty Councli consIder approval of the conceptual formatIOn of a Jomt Powers Authonty for the purpose of fundmg the construction and operation of a southwest county ammal shelter PREPARED BY APPROVED BY ) '\ I AGENC'UTEM NO ~ ~ PAOC~OFJ'5/) ~~ ~ ~ Dave Saep -rom ent To Cc Subject Dick Watenpaugh Monday August 16 2004 10 33 AM Dave Sapp Marlene Best FW Animal Shelter JPA Iif!iJ Form 11 JPA SW Comm AnimalS A second e mall from Krlstlne D1Ck Orlg1nal Message From Krlstlne [mallto kmand@cosmoaccess net] Sent Fr1day August 13 2004 12 11 PM To D1ck Watenpaugh SubJect Fw An1mal Shelter JPA Or1g1nal Message From Dean Delnes <ddelnes@rceo org> To <dsapp@Lake Elslnore org> <cpaxton@murrleta org> <kathy staff@pe net> Grant Yates <Grant Yates@rceo org> Cc <kmand@cosmoaccess net> <anneleaf75@hotmall com> Dan Martlnez <DanMartlnez@rceo org> Lucy Furuta <LFURUTA@rceo org> Robert Callva RCallva@rceo org> Roger Umlnskl <RUmlnskl@rceo org> Tlna Grande <TGRANDE@rceo org> nt Fr1day July 30 2004 11 13 AM ~ubJect An1mal Shelter JPA The County Board of Superv1sors approved the 1n concept proposal to form a JPA to f1nance a southwest communlty a01mal shelter I have attached the board correspondence for your lnformatlon As dIscussed each CIty WIll also gIve In concept approval for the formatIon of the JPA Once that 1S accomp11shed a meet1ng w111 be set up to beg1n the JPA formatIon process Please let me know when your CIty councIl approves the In-concept proposal and I w111 arrange a meet1ng If you have any quest10ns please feel free to call me at 955 1127 Dean De1nes Deputy County Execut1ve Off1cer RIversIde County ExecutIve OffIce 1 ACt:N~\ ITEM NO ~ ~ - _PAc-;:~~ r#~06 OF r~ (( ..., ~ i An1mal Fr1ends of the Valleys PO Box 1143 Lake Els1nore CA 92531-1143 (909) 471-8344 August 6, 2004 City of Lake Elsinore 123 Main Street Lake Elsinore CA 92530 RE Proposed JOint Powers Authonty for a southwest community animal shelter Attached please find the form 11 from the Riverside County Board of Supervisors that was approved on July 27,2004 Animal Fnends of the Valleys IS requesting the City of Lake ElSinore approve, In concept, the formation of a JOint Powers Authonty for the purpose of constructing an animal shelter In the southwestern portion of the county The location of the proposed shelter would be In Wlldomar, centrally located for all Cities that contract with Animal Fnends for services ) With each CIty'S approval In concept, designated staff from each City Will meet over the next two months to review and create a proposed agreement to be brought back to each City council and the county for approval If there are any other questions, feel free to contact me at (951) 678-2165 Sincerely, Kristine MAnderson Board PreSident ) AGENCA ITEM NO~ PAOEJ'f-9,_OF_I~t -~_ Da~,,:~aEg,~ Fru en! e Cc Dean DeInes [ddelnes@rceo erg] Fnday July 30 2004 11 14 AM Dave Sapp cpaxton@murneta org kathy staff@pe net Grant Yates kmand@cosmoaccess net, anneleaf75@hotmall com Dan MartJnez Lucy Furuta Robert CalJva Roger Umlnskl Tina Grande Animal Shelter JPA Suo.?...t F;;I ~ ,~ I ,-_J Forr l )D--,V' Coil'''' r 2\1 ~ Ihe County Board of Superv~sors approved the ~n concept proposal to form a JPA to J ~r e ~ bouthwest communlty anlmal shelter I have attached the board correspondence for J If0nnatlon As dlscussed each Clty wJ.ll also glve 10 concept approval for the forr~r un If tre JPA Once that 18 accompllshed a meetlng wl11 be set up to begln the JPA rrnllat on process Please let me know when your Clty counell approves the 10 concept proposctl ana I w~ll arrange a meet~ng If you have any quest10ns please feel free to call me at 1127 Dean )e le~ Deput/ ~ou~ty Executlve Offlcer Rlver l~c County Executlve Offlce 1 ACEM~' 'TE'JI rlo . .::s-::r J>",,~~J"_I ,I] CC;~ FROM Supervisor Bob Buster Supervisor JIm Venable SUBMITTAL DATE July 13 2004 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE STATE OF CALIFORNIA SUBJECT Proposed JOint Powers Authonty for a southwest community animal shelter RECOMMENDED MOTION That the Board approve In concept the formation of a JOint Powers Authority for the purpose of constructing an animal shelter In the southwestern portion of the county BACKGROUND The Animal Friends of the Valleys (AFV) currently provides animal sheltering services to the County and the cities of Canyon Lake Lake Els.nore Murneta and T emecula through individual contracts Because of the growth In the southwestern porllon of the county AFV s current faclhlles have become overcrowded and .nadequate to support their contracts D.scusslons between the County clt.es and AFV have resulted In a proposal to form a JOint Powers Authorrty (JPA) between the County and the cities (the member agencies) to finance and construct a commumty ammal shelter In the southwestern portIon of the county to alleViate the overcrowoed condllions and provide for future growth The JPA would finance and construct a community animal shelter on land currently leased to AFV Initial costs developed by AFV Indicate the cost ofthe shelter would be approximately $9 million The County s Department of Facllttles Management would prov.de lO.t.al construct.on management services until the JPA Board meets and provides dlfeclion The JPA would review and consider uSing eXisting contractors hired by AFV where possible and allowable under apphcable law Repayment of the JPA s debt would be by the member agenc.es based on the percentage of animals sheltered by each member agency Currently the County s aOlmal populat.on In the AFV sheller .s 43/ though thiS Will change as unlOcorporated areas are annexed new Cities Incorporate and With the opening of the County Regional Animal Shelter ~~ ~ob Buste( SupervIsor First Dlstnct c~.-"-z;-- V-~~.c y Jm, Venable Supervisor ( Third Dlstnct MNUTES OF 1 HE BOARD OF SUPERVISORS On molIon of SupefVISOl Buster seconded by SupervIsor Venable and dul) carned b} UndnnTIOUS ,ote IT WAS ORDERED that the above matter IS approved as recommended Aye~ Buster Ta,aghone Venable W.lson and Ashle) Noes None AbSent None Date July 27 2004 xc Sup, Buster Sup' \ enable Facll Mgmt COB(2) Prev Ago ref D,st AGENDA NO 3.1 ) AGe ,:;: ,.H:,,~ r.o ~_ ~p~:;~ /50 OF I C)'t 0 ---- ~--- '- SUBJECT Proposed JOint Powers Authority for a southwest community animal shelter Page 2 Background contmued Because the County has staff dedicated to providing day to day administration of Its public benefrt corporabons and JPAs County staff would serve as staff to the JPA and be reimbursed for Its adminIstrative costs Expenses of the JPA which would Include legal fees bond retated expenses board member stIpends and expenses an adminIstrative fee to the County etc woutd be allocated equally to each member agency It IS being proposed that the shelter be operated by AFV through a contract With the JPA Operating costs wrll be allocated to each member agency based on each agency s percentage of ammals sheltered The percentage would be calculated each calendar year and provided to the member agencies for budgeting the fOllowmg fiscal year As part of the JPA admlnlstratron the County would be responSible to adminIster the contract on behalf of the JPA which would Include billing the cllles for their share of the operating costs The In concept approval does not obligate the County to JOin the JPA or construct an ammal shelter The In concept approval allows the County to begin negotiations w,th the cllles on the formation or the JPA Final approval of the JPA Will be brought back before the entire Board In conJunctron With the JPA shelter the Department of Animal Services IS In the process of developing a master plan that addresses the need for a RiverSIde County regional anImal sheller that would be centrally located In the Winchester area The county regional animal shelter would accommodate sheltering large anImals and house AnImal Services admInistrative funclion Currently It IS proposed that the county regional anImal shelter be constructed on avaIlable county owned land at the closed Double Burtle landfill The county regional ammal shelter IS Included In the County s Capital Improvement Plan AGIiNC \ ITEM NO~ PA~;:1.5.l-0F ~ 1/1 ANIMAL FRIENDS OF THE VALLEYS PO BOX 1143 LAKE ELSINORE CA 92530-1143 (909) 471-8344 July 13, 2004 This letter IS to bnng you up to date on the diSCUSSions With the county regarding the anrmal shelter to be constructed on the AFV leased property In Wildomar Anne & myself had a meeting With Robert Callva, Dean Deines Roger Umlns!<J and Dan Martinez yesterday to get questions answered and the project back on track For the time being, the shelter to be bUilt In Wlldomar Will be referred to as the Southwest Communrty Animal Shelter (SCAS) A lot of time was spent reviewing the procedures and actions that have taken place to get to our current stage We reviewed what needs to happen and I have come up With a time line hopefully all can follow In order to get thiS shelter back on track Listed below IS the tlmellne that was suggested 1) Completion of Form 11 and submiSSion for supervisors approval of the concept for forming a JPA With Lake ElSinore, Canyon Lake Murneta & Temecula for the purposes of constructing an anrmal shelter In the southwestern portion of the county ConSideration of Form 11 at the board of supervisors meeting on the 27th of July ~unng the month of August, AFV Will work With each City s staff to get the City Council s approval of the Ubove concept ) 3) After the County & Cities approval, dunng the months of September & October we Will hammer out the speCifics of the JPA proposal 4) In the month of November bnng back the JPA proposal for adoption by Board of Supervisors and each City CounCil 5) By the beglnnrng of 2005 the JPA Will be formed and first meetings held In order to conduct bUSiness to Issue bonds and finrsh plans for building the SCAS All In attendance agreed that thiS time line IS very doable We Will JUst have to coordinate all parties Involved and set up meetings as soon as pOSSible Your efforts In making thiS pOSSible Will be greatly appreciated Thanks for your help In supporting thiS much needed faCility and we are all truly looking forward to the day when we Will see It completed Sincerely, ~-'~~ ) Knstlne MAnderson Board PreSident A~EI,...A ITEM NO ~ PAIFi: j &)~ OF ~l\ ~_ +u INTEROFFICE MEMORANDUM 10 FROM DATE' SUBJECT RICHARD J WATENPAUGH CITY MANAGER DAVID W SAPP DIRECTOR OF COMMUNITY SERVICES 5/5/2004 DRAFT jPA TO CONSTRUCT A SOUTHWEST COUNTY ANIMAL SHELTER Attached please find a copy of the draft jPA to construct a Southwest County Ammal Shelter The jPA was drafted by the County and has been reviewed and approved by David Mann In our City Attorney s office The jPA Board of Directors would Include one elected offIcIal (CIty Council) for each member agency The jPA would oversee the construcbon and operation of the new shelter Each City/member would be reqUired to pay a percentage of the annual bond debt based on the annual ammal turn In percentage (currently 28% for Lake Elsinore) The City would also contract With the jPA for ammal sheltenng services based on a pelcentage of ammals sheltered at the faCIlity The City would continue to contract services through Ammal Friends through a contract separate from the jPA Please review and comment I have also Included a copy of the comments proVided by Ammal Fnends cd Attachment c Assistant City Manager Director of Administrative Services RecreabonlT ounsm Manager City Attorney AC;!:\\~,,'TE'lr.O~ . PAI..i:J&J3 OF 1.C1'6 Proposal of a Jomt Powers Authonty To Construct a Southwest County Ammal Shelter To facilitate the construcl1on of an ammal shelter (the Shelter) to serve the southwestern portIOn of Riverside County the formatIOn of a jomt Powers Authonty (JPA) to proVide for financmg the ammal shelter should be consIdered OperatIOns of the Shelter would also be considered as a fun chon of this jp A Members of the jp A would be those government agencIes that presently contract with Ammal Fnends of the Valleys (AFV) for ammal sheltenng The jp A would be called the Southwest Commumhes Fmancmg Authonty ) Board MembershiP TIle jPA Board of DIrectors (the Board) ~ould mclu ~one elected officIal (City CouncIl/Board of SupervIsors) from each member agenc): Ihally Board members would \ sene either four or two year terms as determmed B e Board at Its first meetmg Subsequently Board members would serve four year te The Board upon creatIOn of the ., jp A could consider reImbursement of travel expenses and s Ipends for Its members ~ JPA Adnllmstratlon ~ . Because the County hasJstaflY<l2aThated to provldmg day 0 day admllllstrahon of Its public benefit corpora lions and,,"pJ{s Co'tFnty staff would serve as staff to the jp A Expenses of the jPA whlLh would mclulle bond rdated expenses Board'member 'tlpends and cxpenses an , .d111'I1I,tr111\ e fee to the County leg11 fees etc ~ould be 1110c1tcd Lqually to <-dch membe. J",lIK\ r m.lllclal ResponsibIlities ) COllstruct G I orthe She/ler ...~ ~ J, fhe County s Department of raClhhes M lIlJ!,ement would prO\ Idc Initial LOml1 uctlon management servIces unltl the jPA Board meets dnd provlde~ dlfectlOn Thc jPA would commit to usmg eXlshnj, contractor~ hIred by AFV whele po~slble and allowdble under applicable law , All/mal Shelter OpelatlOns Anllnal Fnencts ot the Valley~ ha, expressu] .In mterest m operatll1", the ShcltLf construded by the jPA on a Ion!, term baSIS Therefore 11 approved by the jPA AF'v would operJte the Shelter through a contrJct With the jPA The eontrdd would only mdudL shelte. operatIOns fidct ~en lLes would contmue to be contracted separately by the member agencies directly WIth AFV Opeldtmg e%t~ WIll be allocated to each member abcncy based on each agency' pllcentdge of .1I1l1nab sheltered The p"rcenta",e would be "dlculdted each wlenddr year and proVIded to thL member agencIes for bud!,ehn!, the foIlo~ mg fiscal year As part of the jPA admmlstratlOn the County would be lesponslble to admmlster thL contract on behalf ot the jPA which would II1dudc hllhn", the ulles for their shdrL of the operatll1", Lo,h R(pa\lllent of Debt Rep Ivment ot the (kbt IIlculfed by the j P A for thL Sheltcl \\ ould bL all outed 111 the S1nK manner as lh" OpCrJtlll", cosh bdscd on the perLLntabe of dn.mJb sheltered The j P i\ dC1LUllllllt, \\ nuld rLllllllL lilY IllUnbel 1",LIlL) \\ I'hll1_ tn cllthch 1\\ thell mClllhc"h.p hom the ) P-l. hl lUll III ohll:=-Jtul tm 11.) clpPIO\UJ bond lIl<kbluJIlC:::.'-l lid .J11\ nthu la,jhllIIIL~ JlKUlluJ jl,(". _ l'(:.~ NO ~ PAC:J5}-Oi' J~ Proposal of a Jomt Powers Authon!) To Construct a Southwest Count) Ammal Shelter whIle a member of the lPA Again the County would be responsIble for collecting each city s allocated share of the debt servIce payment OnnershlP of Shelter at Matunty of Bonds AFV has requested that they have the optIOn to purchdse the Shelter before It IS paid off and that ownershIp reverts to them when the bonds are paid off If the lP A elects to transfer ownership to AFV AFV would be reqUIred to provIde adequate shelter space to each member agency at no cost (excluding operating costs) ~/ Currently AFV has a 99 year lease with the Water Dlstnct [0 roperty on which the Shelter would be bUIlt Further discussIOn with legal counsel on ransfer of the leasehold Interest to the lPA would need to take place The pOSSlblhty of whether thIs transfer could then be part of the con~lderalton for the transfer of the ownership of the Shelter to AFV once the bonds were paId offwlll be part of thIs dIscussIOn .!' Another POSSibIlity would be to have the lPA obtain tItle t the propelty ThIs would reqUIre negoltatIons WIth the Water Dlstnct but nould assIst In slmphfYlng the financing of the Shelter I\Gl..tC\ IT;::'J! NO ,3-:r - , pllC- J6'5 1,,- 160 - NCPPSP The Shelter Statistics Survey Page 1 of3 The Shelter StatistIcs Survey 199497 This Survey Initiated In 1994 by the NCPPSP gathered the names of shelters and organizations believed to be sheltering animals Only shelters that housed more than 100 dogs and/or cats each year were Included The final list had 5 042 names All responses were kept confidential Information linking the names of shelters With their responses was not released A survey card was constructed requesting shelter name address contact person and phone number In addition data were requested for the number of dogs and cats entering the shelters through animal control owner relinqUishment or other methods and for the number of dogs and cats eXIling the shelters through adoption owner reclamation euthanaSia or other methods Kittens and puppies were counted In the cat and dog categories respectively The data card was sent to the Initial list of shelters In February 1995 requesting data for 1994 Reminder cards were sent out later that year Changes to the mailing list were continuously made In response to shelter comments The study was repeated for 1995 1996 and 1997 The collection of data by means of survey cards was halted due to the low percentage of response by animal shelters I Numbers Entermg the Respondmg Shelters 1994 1995 1996 1997 Dogs 2 222 751 2 091 237 2 292 868 2 329 978 Cats 1 557 767 1 563 362 1818736 1 759743 UnspeCified NA 409 941 206 460 246 523 Overall 3780518 4 064 540 4318064 4 336 244 Numbers Leavmg the Respondmg Shelters 1994 1995 1996 1997 Dogs 2 090 587 1 888 402 2117 440 2 117 902 Cats 1 442 464 1 451 464 1 677 895 1611616 UnspeCified NA 366 039 360818 279 582 Overall 3 533 051 3 705 905 4156153 4009100 Types of Respondmg Shelters 1994 1995 1996 1997 Local governmental animal care and control agency 560 487 377 407 Private non profit shelter 232 264 228 229 Private non profit shelter w/ hOUSing contract 171 188 195 185 Other 92 46 39 26 Unknown 15 86 173 161 http //wwwpetpopulatlOn org/statsurvey htInl AGG': ITE'JI ~'O 3)- P"\~;: Ij(p. If-1S<6 11/21/2006 NCPPSP The Shelter StatIstIcs Survey Page 2 of3 Total Number of responding shelters 1070 1071 1012 1008 Sources of Dogs and Cats Entering Reporting Shelters (0/ ) Submitted bv Ammal Control 1994 1995 1996 1997 Dogs 575 450 425 424 Cats 466 359 31 9 332 Unspecified NA 558 NA 378 Overall 530 426 360 384 RelmaUlshed bv Owner 1994 1995 1996 1997 Dogs 257 269 253 270 Cats 327 343 307 350 Unspecified NA 227 246 260 Overall 286 294 275 302 Other Sources 1994 1995 1996 1997 Dogs 168 105 128 131 Cats 207 139 182 169 Unspecified NA 87 244 128 Overall 184 116 156 147 Unknown Sources 1994 1995 1996 1997 Dogs NA 175 193 175 Cats NA 159 192 149 Unspecified NA 128 510 234 Overall NA 164 208 168 DIspOSition of Dogs and Cats Entering Reporting Shelters (0/ ) Adopted 1994 1995 1996 1997 Dogs 232 255 258 250 Cats 21 7 234 240 244 Unspecified NA 160 131 137 Overall 226 237 240 239 Returned to Owner 1994 1995 1996 1997 f\C[?'C liW NO ,.:j~ http / /www petpopulatlOn org/statsurvey hllnl PA~~J..5J:.0rJ cJ~ 11/21/2006 NCPPSP The Shelter Statistics Survey Page 3 00 Dogs 153 163 161 158 Cats 23 22 20 20 Unspecified NA 88 70 93 Overall 100 100 97 98 Euthamzed 1994 1995 1996 1997 Dogs 584 551 560 564 Cats 724 714 718 710 Unspecified NA 71 8 763 744 Overall 641 631 641 636 Other 1994 1995 1996 1997 Dogs 31 22 1 7 24 Cats 36 23 1 9 23 Unspecified NA 29 35 26 Overall 33 23 20 24 Unknown 1994 1995 1996 1997 Dogs NA 09 04 04 Cats NA 06 02 03 Unspecified NA 05 NA NA Overall NA 08 03 04 Please note It IS not possible to use these stallstlcs to estimate the numbers of ammals entering animal shelters In the United States or the numbers euthanlzed on an annual basIs The reporting Shelters may not represent a random sampling of U S shelters 1\'1" \1 'I I " 11111 ",I lA 'Ivl .'lV! ~ ~ri\ I wU) M 1"' ~, Ii.,' w~'.It C.....lght (0)2003 2Qoe Unau1hon..'iI reproductJ.nOr'rtrlbuuon Pfoj,lbbecl. Site best vlewd at 80QX600 or h gher w th a vers on 4 0 or higher browser S te Updated 3/07/06 by Art In the Vlllaae LLC http / /WWW petpopulatJOll org/statsurvey htInl ACENC '\.ITEM NO 3 '=t- PACi:~OF /t15\ 11/21/2006