Hemet City Council
March 24, 2026

MAYOR AND CITY COUNCIL:

Linda Krupa
Mayor (District 5)
Joe Males
Mayor Pro Tem (District 4)
Connie Howard-Clark
Council Member (District 1)
Jaculin "Jackie" Peterson
Council Member (District 2)
Tom Lodge
Council Member (District 3)
CITY STAFF:

Mark Prestwich
City Manager
Steven Graham
City Attorney
Elodie Klug
Deputy City Clerk

CITY COUNCIL AMENDED AGENDA

CITY OF HEMET, CALIFORNIA
Regular Meeting of the City Council, Acting as the Successor Agency to the Redevelopment Agency
Tuesday, March 24, 2026
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
WORK STUDY SESSION AT 4:00 P.M.

CLOSED SESSION AT 5:00 P.M.

REGULAR MEETING AT 6:00 P.M.
(Updates are highlighted in red text)
Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.

Live Stream: This meeting will be live-streamed on the City's website at hemetca.gov/agenda.

Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.

Teleconference: POTENTIAL USE OF AB 2449’S JUST CAUSE OR EMERGENCY CIRCUMSTANCES PROVISIONS - In the event a City Councilmember joins the meeting virtually under AB 2449, then members of the public can utilize the number below to participate via teleconference. If all participating Councilmembers are physically present, then the call-in feature will be unavailable, but the meeting can still be viewed at the link:
https://us02web.zoom.us/j/81239585173
Webinar ID: 812 3958 5173
Passcode: 745765
Telephone: Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 253 215 8782

Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternate format, please contact the City Clerk’s Office at (951) 765- 2395 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-

35.104 ADA Title II)
Page

1. WORK STUDY SESSION – 4:00 P.M.

2. CALL TO ORDER

3. ROLL CALL

4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
At this time, members of the public may only comment on an item appearing on the Work Study Session agenda.

Please adhere to the following when addressing the Council:
 Comments will be limited to 3 minutes or less.
 Comments should be directed to the Council as a whole and not directed to individual Council Members.  Please follow the adopted rules of decorum: Resolution No. 4545.

5. DISCUSSION ITEMS

5.A. California Municipal Financial Health Diagnostic Informational Report on the City of Hemet
Staff Report #26-087 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive the California Municipal Financial Health Diagnostic Information Report on the City of Hemet.
11 - 14

5.B. Fiscal Year 2026-27 Budget Workshop
Staff Report #26-086 - Pdf
Recommendation:

Receive presentation and discuss the Fiscal Year 2026-27 Budget. 15 - 16

6. ADJOURNMENT OF WORK STUDY SESSION

7. CLOSED SESSION – 5:00 P.M.

8. CALL TO ORDER

9. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO.

4545
At this time, members of the public may only comment on an item appearing on the Closed Session agenda. Please adhere to the following when addressing the Council:
 Comments will be limited to 3 minutes or less.
 Comments should be directed to the Council as a whole and not directed to individual Council Members.  Please follow the adopted rules of decorum: Resolution No. 4545.

10. DISCUSSION ITEMS

10.A. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Mark Prestwich, City Manager Employee Organization: HMMA, HFFA, HPMA, HPOA, HNSPEA, SEIU, and Unrepresented Employees

10.B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED

LITIGATION
Initiation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9
Number of Cases (1)

10.C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property Description:

Stetson & Sanderson
APNs 456-050-044 (17.83 acres), 456-050-023 (1.33 acres), 456-050- 013 (0.91 acres), 456-050-020 (10 acres), and 456-050-021 (0.87 acres) Agency Negotiator: Mark Prestwich, City Manager or Designee Under Negotiation: Price and Terms

11. ADJOURNMENT OF CLOSED SESSION

12. REGULAR MEETING – 6:00 P.M.

13. CALL TO ORDER

14. ROLL CALL

15. INVOCATION

16. PLEDGE OF ALLEGIANCE

17. CITY ATTORNEY CLOSED SESSION REPORT

17.A. City Attorney’s Report regarding Closed Session
Recommendation: Information Only

18. PRESENTATION

18.A. City of Hemet 2025 Fire Department Year in Review and Video Presentation
Staff Report #26-072 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive and file the 2025 Hemet Fire Department Year in Review presentation.
17 - 23

19. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet  Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it into the City Clerk. Each request will cover one speaker.  There is a 3-minute-per-person time limit for all general public comments on non-public hearing items.  All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
 Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
 You may also fill out a form and submit your comments online at www.hemetca.gov. Submittal must be done before 2:00 p.m. the day of the meeting.
 Please state your name and the item you are commenting on before speaking.  The Mayor may receive public comments on agenda items during the public comment period designated for each item at his or her discretion.

19.A. Public Comment for Items Listed on the Agenda: Consent and Discussion Items

19.B. Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter

20. PUBLIC HEARING
The City Council’s Procedures for Public Hearing will be as follows:
 Staff will provide a report and clarification of items presented.  The public hearing will be opened for comments for those IN FAVOR of or IN OPPOSITION to the item:
followed by rebuttal to any comments made.
 The Public Hearing will be closed, and the City Manager may respond to any questions raised by the public (the public will not have an opportunity to respond.).
 Discussion will be brought back to the City Council for direction or action.

20.A. Consideration of an Ordinance of the City of Hemet, California, Amending Hemet Municipal Code, Article XIII, Adding Section 90-388 of the Hemet Municipal Code Regulating Affordable Housing “By-Right” on Vacant Sites Identified in the City of Hemet Certified 5TH Cycle Housing Element Table H-39, and in Accordance with California Government Code Section 65583.2(c) and General Plan Housing Element Program H-3i.

Staff Report #26-082 - Pdf
Recommendation:

It is respectfully recommended that the City Council:
25 - 55

1. Determine that the proposed Zoning Ordinance Amendment is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), and direct staff to prepare a Notice of Exemption for adoption by the City Council pursuant to CEQA Guidelines Section 15061(d).

2. Review and comment on the proposed new Zoning Ordinance Amendment, and

3. Waive full reading and introduce by title only approval of Ordinance 2026-xxx to implement Housing Element Program H-3i., in compliance with Government Code Section 65583.2(c).

21. RECEIVE AND FILE

21.A. The City of Hemet Warrant Registers for February 26, 2026, March 3, 2026, and March 5, 2026, and Periodic Payroll Payments
Staff Report #26-081 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet Warrant Registers and Periodic Payroll Payments.
57 - 92

22. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.

22.A. Approval of a License Agreement between the City of Hemet and the Hemet Woman's Club for the Use of Facilities at the Hemet Public Library
Staff Report #26-090 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Approve and authorize the City Manager to execute a Revocable and Nonexclusive License Agreement with the Hemet Woman’s Club, a California nonprofit corporation, for the use of designated portions of the Hemet Public Library for member meetings, public programs, and charitable fundraising activities.
93 - 105

22.B. A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the Second Amendment to the License Agreement in Final Form as Approved by the City Attorney 107 - 147

Staff Report #26-085 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the Second Amendment to the License Agreement in Final Form as Approved by the City Attorney.

22.C. Second Reading and Adoption of Ordinance 2073 of the City Council of the City of Hemet, California, Amending Sections of the Hemet Municipal Code, Chapter 90 Article XLIII Art in Development, Sections 90-1501 through 90-1513 and Article XLIV. City-Initiated Art in Public Places, Section 90-1531 through 90-1536 for Adoption of an Art in Public Places Ordinance and Program.

Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Staff Report #26-084 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

1. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the “common sense exemption,” as it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment.

2. Waive further reading and adopt by title only Ordinance 2073 of the City Council of the City of Hemet, California, Amending Sections of the Hemet Municipal Code, Chapter 90 Article XLIII Art in Development, Sections 90-1501 through 90-1513 and Article XLIV.

City-Initiated Art in Public Places, Section 90-1531 through 90-1536 for Adoption of an Art in Public Places Ordinance and Program.

3. Direct Staff to file a Notice of Exemption with the State Clearinghouse and the Riverside County Clerk.
149 - 285

22.D. A Resolution of the City Council of the City of Hemet, California, Approving the 2025 General Plan Annual Progress Report, and Direct 287 - 345

Submittal of the Report to the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD)
Staff Report #26-083 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

1. Determine that the preparation and filing of a General Plan Annual Progress Report (APR) is not a "Project" as defined by Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines, as the APR is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment, and that no further CEQA action is required; and

2. Adopt a Resolution of the City Council of the City of Hemet, California, Approving the 2025 General Plan Annual Progress Report, and Direct Submittal of the Report to the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).

22.E. Consideration of a Resolution of the City Council of the City of Hemet, California, Extending the Terms of the Mobile Home Rent Review Commission Members
Staff Report #26-094 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, extending the terms of the five (5) current members of the Mobile Home Rent Review Commission for a period not to exceed one year, or until their successors are duly appointed and qualified, whichever occurs first.
347 - 352

23. DISCUSSION - ACTION ITEMS

23.A. Consider Approval of the Commercial Facade Improvement Grant Program City Council Business Ad-Hoc Committee Recommendations for the MACRO Grant Applications
Staff Report #26-093 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

1. Receive a Report regarding the Commercial Facade Improvement Grant Program Application and City Council Business Ad-Hoc Recommendations; and

2. Approve the City of Hemet Commercial Facade Improvement Grant 353 - 495

Program City Council Business Ad-Hoc Recommendations for the MACRO Grant Applications.

23.B. Report Back on Funding Alternatives for Future Hemet Fire Stations and City Street Rehabilitation
Staff Report #26-079 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive, discuss, and provide direction related to potential feasibility research on community support related to funding options for future fire stations and City street rehabilitation.
497 - 500

24. CITY COUNCIL AND STAFF REPORTS

MAYOR KRUPA

1. Hemet Housing Authority

2. Hemet Public Library Board of Trustees

3. Cal Trans Liaison Ad Hoc Committee

4. Riverside County Airport Land Use Commission*

5. League of California Cities

6. Riverside County Transportation Commission

7. Riverside Transit Agency*

8. Western Riverside County Conservation Authority (RCA)*

9. Hemet San Jacinto Water Master Board*

10.WRCOG Regional Committees: Riverside County Waste Management Task Force

11.RCTC Committee: Mobile Source Air Pollution Reduction Review Committee

12.Art and Culture Ad Hoc Committee

13.Downtown Theater Ad Hoc Committee

MAYOR PRO TEM MALES

1. League of California Cities

2. Planning Commission

3. Riverside County Transportation Commission

4. Riverside County Transit Agency *

5. Western Riverside Council of Governments *

6. Business Outreach Ad Hoc Committee

7. CDBG Ad Hoc Committee

8. Clean Up/Graffiti Ad Hoc Committee

9. Homeless Outreach Ad Hoc Committee

10.Veterans Memorial Ad Hoc Committee

COUNCIL MEMBER HOWARD-CLARK

1. Investment Oversight Committee

2. Planning Commission

3. Riverside County Habitat Conservation Agency (RCHCA)**

4. Western Riverside County Conservation Authority (RCA)*

5. League of California Cities

6. Community Action Partnership

7. Hemet San Jacinto Water Master Board*

8. CDBG Ad Hoc Committee

9. Western Riverside Council of Governments (WRCOG)*

10.Hemet Youth Council Ad Hoc Committee

11.Downtown Theater Ad Hoc Committee

COUNCIL MEMBER LODGE

1. Hemet Housing Authority

2. Clean Up/Graffiti Ad Hoc Committee

3. League of California Cities

4. Hemet Youth Council Ad Hoc Committee

5. Hemet Stock Farm Development Ad Hoc Committee

COUNCIL MEMBER PETERSON

1. Investment Oversight Committee

2. Riverside County Habitat Conservation Agency

3. Ramona Bowl Board of Directors

4. League of California Cities

5. Homeless Outreach Ad Hoc Committee

6. Business Outreach Ad Hoc Committee

7. Cal Trans Liaison Ad Hoc Committee

8. Veterans Memorial Ad Hoc Committee

9. Veterans Memorial Ad Hoc Committee

10.Arts and Culture Ad Hoc Committee

11.Hemet Stock Farm Development Ad Hoc Committee

CITY MANAGER MARK PRESTWICH

25. FUTURE AGENDA ITEMS
The following items are tentatively scheduled and are subject to change. The City Council may ask the City Manager to add specific items to a future agenda by a majority vote.

April 14, 2026:

1. Weed Abatement Ordinance Public Hearing

2. TUMF Fee Update Ordinance Public Hearing

3. CDBG 2026-2027 Annual Action Plan

4. AI Policy Discussion

5. CR&R Contract Amendment #6

26. ADJOURNMENT

AFFIDAVIT OF POSTING
I, Elodie Klug, Deputy City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.

Date & Time: March 20, 2026, at 2:30 p.m.

Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 6:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave., typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting, when possible, but no later than 24 hours prior to the meeting.

Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2395.

Disclosure of
Campaign
Contributions (Levine
Act – Government
Code Section 84308):

Pursuant to Government Code section 84308, members of the Hemet City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City of Hemet employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item in the previous 12 months. Members of the Hemet City Council who have received, and applicants, contractors, or their agents who have made, campaign contributions totaling more than $500 to a Councilmember in the previous 12 months are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item.

Disclosures must include the amount of the campaign contribution and identify the recipient Board member and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

California Municipal Financial Health Diagnostic Informational Report on the City of Hemet RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive the California Municipal Financial Health Diagnostic Information Report on the City of Hemet.

BACKGROUND:

The California Municipal Financial Health Diagnostic (the “Diagnostic”) was developed by Michael Coleman, the principal fiscal policy advisor to the California Society of Municipal Finance Officers and League of California Cities, with substantial contributions from a number of highly experienced local government finance professionals.

This tool is designed to assist agencies in their fiscal evaluation, validate areas in which the City is fiscally healthy, identify programs and areas to improve, help management and elected officials identify and act to remedy problems and address them before they become unmanageable, avoid being blindsided by problems, and help others understand the City's financial position.

This tool was initiated by the League of California Cities and has been endorsed by the Government Finance Officers Association (GFOA) and used by numerous cities throughout California.

ANALYSIS:

The Diagnostic focuses on the ability of a local government to meet its financial commitments now and into the future (cash, budgetary, and long-run solvency). In contrast to many other financial health monitoring systems, this tool looks at recent past and near future financial measures and indicators to provide an assessment of the local government's level of financial distress and tendency toward financial crisis.

5.A.

The Diagnostic tool was used to evaluate the City's General Fund, but may also be applied to other funds. The General Fund is the focus of the diagnostic because it is the primary measure of fiscal health and the main fund in which the City Council makes decisions with broad impact on the mix of services delivered and the appropriate level of services.

It focuses on the local government's operating position, going beyond reported finances to focus on recurring revenues and expenditures (by distinguishing temporary non-recurring revenues and expenditures) and taking into account any unbudgeted but real current costs of services. The tool includes an evaluation of unsustainable or risky budget practices that indicate an agency in distress and tending toward crisis. The foundation of the diagnosis is an examination of discretionary revenues and spending, distinguishing and identifying the effects of programmatic revenues and spending discretionary resources.

City staff completed the Diagnostic with the purpose of presenting a broad overview of the fiscal health of Hemet. Information for the Diagnostic was acquired from the following:

1. Annual Comprehensive Financial Reports (ACFR) for fiscal years 2023-24 and 2024-25 (preliminary)

2. Fiscal year 2025-26 Adopted Budget

3. Long-range financial forecasts of fiscal years 2026-27, 2027-28, and 2028-29, and

4. City policies and procedures.

Since this is the second Diagnostic in Hemet's history, it will serve as historical data for future year comparisons and help highlight areas that will potentially need attention to ensure that in the long- term Hemet finances remain healthy. Being proactive and addressing concerns early helps mitigate future negative financial impacts.

DISCUSSION:

After completing the analysis, the results show that overall Hemet's General Fund is entering a cautionary status on an operating results basis (total revenues over total expenditures) and generally healthy on the current financial position basis (short-term resources). Although the Diagnostic does show overall health, it is important to note the analysis was completed based on broad assumptions and fairly conservative factors.

Last year's Diagnostic highlighted 4 areas of caution:

1. Net Operating Deficit/Surplus

2. Balancing the Budget with Temporary Funds

3. Timeliness and Accuracy of Financial Reports

4. Service Level Solvency
In this year's Diagnostic, 1 area has moved from a cautionary status to a warning status:

1. Net Operating Deficit/Surplus
In addition, this year's Diagnostic has 6 areas of caution:

1. Fund Balance

2. Fixed Cost and Labor Costs

3. Balancing the Budget with Temporary Funds

5.A.

4. Funding Operating Costs with Non-Recurring Revenues

5. Timeliness and Accuracy of Financial Reports

6. Service Level Solvency
Net Operating Deficit Surplus (Warning)
The fiscal year 2025-26 General Fund operating budget was adopted on June 10, 2025, with an imbalance of approximately $3.7 million dollars. Several one-time strategies were set into place to help narrow this imbalance. Now, moving into fiscal year 2026-27, with revenues slowing and expenditures outpacing the revenue performance, the City is facing another challenging year that includes recovering from the prior year imbalance, resetting the one-time strategies, along with standard growth inflators. Several of these cost drivers are outside the reach of the City's ability to control, such as liability premiums, pension costs, legal fees that were previously covered under the City's pooled coverage membership, and contractual obligations.

The City continues to make every effort to explore all avenues of revenue sources to help secure a solid, financially healthy future. Some of the recently deployed revenue strategies include a voter approved 2% increase in hotel tax from 10% to 12%, digital billboards, and cannabis retail shops.

Fund Balance (Caution)
The City has been fortunate in seeing significant growth in the General Fund balance and has had the ability to invest in the community and infrastructure, as well as increase the Economic Stabilization Reserve from 20% to 40%, excluding Measure U resources which have a 20% reserve requirement.

This buffer is strategic in protecting the financial health of the City. With expenditures continuing to outpace the revenues, it will be necessary to slow expenditure growth to allow revenues to grow. The City will also continue to seek operational efficiencies, and new strategies such as the recovery of short-term rental transient occupancy revenue.

Fixed Cost and Labor Costs (Caution)
After several years of labor costs not growing with the pace of surrounding agencies, the City fell far behind and faced significant challenges to recruiting and retaining talented staff needed to serve the community. In July 2024, the City invested into their employees and brought all positions to market equity. Bringing labor costs closer to a competitive benchmark comes with the challenge of sustaining the pace of increases in labor costs if revenue growth needed to offset these costs slows.

Balancing the Budget with Temporary Funds (Caution)
The past two budget years, the City deployed a vacancy factor to help balance the budget. Use of fund balance would have been used to balance the variance had the City not monitored and achieved the savings necessary to meet the vacancy factor requirement.

Moving into fiscal year 2026-27, a vacancy factor will not be used.

Funding Operating Costs with Non-Recurring Revenues (Caution) The growth of the City's General Fund balance has provided the City the ability to realize significant interest earnings over the last two fiscal years. To help balance the budget, the City has used some of this interest income as one-time temporary revenue. Historically, these cannot be counted on in future years as the market ebbs and flows. Therefore, the City continues to budget conservatively for investment revenue to ensure a level of sustainability.

Timeliness and accuracy of financial reports (Caution)

5.A.

While the City's financial reports are audited and accurate, the process of implementing an a new Enterprise Resource Planning (ERP) and new Enterprise Permit and Licensing (EPL) software platforms simultaneously (along with the absorption of tasks performed by the City Manager department Management Analyst who retired in 2025) by members of the Finance division, have had significant constraints in resources available to meet reporting deadlines, which in turn impacted the timeliness of reporting over the past few fiscal years. Staff is dedicated to seeing the software through implementation this coming fiscal year, which will allow them to re-adjust focus to timely reporting.

Service Level Solvency (Caution)
Two areas of concern:

1. The City is dedicated to the public service of the citizens and strives to provide the best quality facilities, roads and response times. Roads and personnel costs are extremely expensive for any city, and while the City of Hemet has done tremendous work on improving road conditions by raising the Pavement Condition Index (PCI) from 52 to 63 in the past three years with street investments totalling approximately $30 million, the projected cost of iincreasing the City's PCI to 70 is $46 million and a PCI of 75 is $77 million.

2. The City's Fire Department has an incredibly high volume of calls in comparison relative to the number of fire stations and in comparison to industry standards. This ratio pushes response times above the National Fire Protection Association (NFPA) standards. In an industry where every second counts, this is a growing concern that the City is actively deploying strategies and planning efforts to address.

PREVIOUS COUNCIL ACTION:

On April 22, 2025, the City was presented with the initial California Municipal Financial Health Diagnostic Report.

STRATEGIC PLAN INTEGRATION:

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There is no fiscal impact associated with the presentation of the California Municipal Financial Health Diagnostic Report.

5.A.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: Administration
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

Fiscal Year 2026-27 Budget Workshop
RECOMMENDED ACTION:

Receive presentation and discuss the Fiscal Year 2026-27 Budget.

BACKGROUND:

Part of the City's annual budget process, City Council workshops are held to provide transparency and receive feedback and direction from the members of Council.

ANALYSIS:

A PowerPoint presentation will be provided.

DISCUSSION:

Staff is available to provide additional insight and answer any questions, as well as request feedback and direction from members of Council.

PREVIOUS COUNCIL ACTION:

Fiscal year 2025-26 Budget Workshops were held:
 March 11, 2025
 April 22, 2025
 June 10, 2025 (Budget adoption)
STRATEGIC PLAN INTEGRATION:

5.B.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

No fiscal impact is involved in this workshop.

5.B.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Cameron Phillips, Interim Fire Chief;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

City of Hemet 2025 Fire Department Year in Review and Video Presentation RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and file the 2025 Hemet Fire Department Year in Review presentation.

BACKGROUND:

It was a very busy 2025 for the Hemet Fire Department (HFD) as our team responded to nearly 20,000 calls. With the assistance of our Hemet Police Department (HPD) emergency dispatch center team, HFD captures and analyzes statistical data as to the number, types, and locations of calls for service, and is presented in this short PowerPoint.

Hemet Fire Department's own Firefighter Victor Garibay, with the assistance of Firefighter Paramedics Alec Daily and Jeremey Smith, produced a short video capturing some actual footage from 2025 calls for service.

ANALYSIS:

During the calendar year of 2025, the Hemet Fire Department responded to a total of 19,992 calls for service and 22,012 total unit responses. A "call for service" is generated when a call is made to the dispatch center and a fire unit is dispatched. Total unit response is calculated by the total number of responses by an individual unit.

An example is a structure fire response, which generates one call for service, but generates a unit response for all seven apparatus dispatched to the fire. The distribution of these unit responses by unit is as follows:

Unit Responses

18.A.

Engine 1 2279
Engine 2 4220
Engine 3 4721
Engine 4 2810
Engine 5 1712
Squad 1 5152
Squad 4 902
Truck 4 216
Additionally, Hemet Fire was very active throughout the state by responding to 16 regional deployments, conducting 9,824 hours of training, and hiring 9 new personnel.

DISCUSSION:

Following a short statistical summary of the City’s 2025 calls for service, we are proud to share a video produced by HFD Firefighter Victor Garibay. This four-minute tribute captures an immersive, first-person look at what it takes to answer the call. Firefighting and emergency rescue is a profession defined by grit, danger, and profound reward.

The video was a highlight of the Annual Ladder of Excellence ceremony held on February 6, 2026.

This event serves as our department’s highest honors ceremony – recognizing the Firefighter of the Year, the Distinguished Community Service Award recipient, and various milestone promotions for our dedicated team.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public to display fire department activities serving the community
Objective 3: Increase the community's pride within the City.

FISCAL IMPACT:

None
ATTACHMENT(S):

Attachment 1: 2025 Year in Review Presentation

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Hemet Fire Department
Year in Review - 2025
Interim Chief Cameron Phillips

18.A.

Call Volume
2025 Calls for Service – Call Type
339 6
14,380
153
1,291
2,365
402 1,056
13,035
14,817
16,144 16,779 16,918 17,017
18,011 17,585 17,959 18,436 18,719
19,95719,992
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Calls for Service 2013-2025

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2025 At a Glance
2025 Calls for Service by Unit
• Average Response Times
• January – September = 7:34 (Pre Squad 4)
• October – December = 7:10 (Post Squad 4)
• Regional Deployments
• 16 Total Incidents
• 50 Personnel Deployed
• 184 Days Deployed
• 8,832 Hours of Deployment
• Total Training Hours
• 9,824
• New Hires and Promotions
• 9 New Hires
• 3 Promotions
2279
4220
4721
2810
1712
5152
902
216
Engine 1 Engine 2 Engine 3 Engine 4 Engine 5 Squad 1 Squad 4 Truck 4

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Video

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Discussion & Questions

18.A.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Emery Papp, Deputy Director of Community Development;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

Consideration of an Ordinance of the City of Hemet, California, Amending Hemet Municipal Code, Article XIII, Adding Section 90-388 of the Hemet Municipal Code Regulating Affordable Housing “By- Right” on Vacant Sites Identified in the City of Hemet Certified 5TH Cycle Housing Element Table H- 39, and in Accordance with California Government Code Section 65583.2(c) and General Plan Housing Element Program H-3i.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Determine that the proposed Zoning Ordinance Amendment is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), and direct staff to prepare a Notice of Exemption for adoption by the City Council pursuant to CEQA Guidelines Section 15061(d).

2. Review and comment on the proposed new Zoning Ordinance Amendment, and

3. Waive full reading and introduce by title only approval of Ordinance 2026-xxx to implement Housing Element Program H-3i., in compliance with Government Code Section 65583.2(c).

BACKGROUND:

On January 14, 2014, the City Council of the City of Hemet adopted the City’s 2013-2021 (5th Cycle) Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) on January 29, 2014. Some key components needed to garner certification of the 5th Cycle Housing Element included inventories of entitled projects or projects in process, also known as "In the Pipeline Projects;" vacant parcels zoned or rezoned for very high density housing; residential land inventory by General Plan Land Use designation and density category; and the Regional Housing Needs Assessment Summary Table; all identified as Tables H- 38, H-39, H-40, and H-41 of Appendix C of the 5th Cycle Housing Element.

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Assembly Bill 1397 (AB 1397), adopted by the California Legislature and signed into law on September including Elements, to related regulations Housing new created 2017, 29, state requirements for site inventory analysis needed to accommodate the City's Regional Housing Needs Allocation (RHNA).

On May 28, 2024, the City Council adopted the City’s 2021-2029 (6th Cycle) Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) on June 26, 2024. The Housing Element includes numerous programs that the City is required to initiate to implement the policies and achieve the quantified objectives listed in the Housing Element. One such program listed in the Housing Element is Housing Element Program H-3i, related to sites to accommodate the Regional Housing Needs Allocation (RHNA). Pursuant to Housing Element Program H-3i: Any non-vacant sites identified in the prior 5th Cycle or vacant sites identified in the last two or more consecutive planning periods (Housing Element Cycles), shall be approved by- right when at least 20% of the units in the proposed development are affordable to lower-income households.

In its annual review of implementation goals for the City of Hemet 6th Cycle Housing Element, on November 7, 2025, HCD sent correspondence to the City via email asking how the City has implemented the provisions of California Government Code Section 65583.2(c).

On February 17, 2026, the proposed draft Ordinance was presented to the Planning Commission as a Work Study Item for review and discussion. After a presentation from staff, and deliberation by the Planning Viramontes, by seconded by Commissioner was motiona Commission, made Commissioner Hill, with said motion being carried 3-0 (Commissioner Wuerth absent with notice) to determine that the proposed zoning ordinance amendment is exempt from review under the California Environmental Equality Act pursuant to CEQA Guidelines Section 15061(b)(3); directed staff to prepare a Notice of Exemption for the adoption of City Council pursuant to CEQA Guidelines Section 15061; and directed staff to prepare a draft ordinance directly for Hemet City Council consideration and approval to implement Housing Element Program H-3I in compliance with Government Code Section 65583.2(c).

ANALYSIS:

To comply with State law, the City will permit residential uses by-right for housing development projects in which an Applicant provides at least 20-percent of the units be affordable to lower-income households for sites that:
• Are non-vacant and identified in the prior planning period; and • Vacant sites included in two or more consecutive planning periods (e.g., Housing Element Cycles 5 and 6)
To date, the City of Hemet has not amended the Zoning Ordinance to approve higher-density, multi- family proposed the in units the of 20% when at by-right projects housing residential least development are affordable to lower-income households. It is important to note that the "by-right" approval specifically applies only to those 21 vacant parcels identified in Appendix C, Table H-39 of the 5th Cycle Housing Element.

Ministerial review of projects with 20 percent (20%) Affordable Housing is required under the provisions of Assembly Bill 1397 (AB 1397), adopted in September 2017, creating new State regulations related to Housing Elements, including requirements surrounding the sites inventory.

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To demonstrate compliance with AB 1397, the proposed ordinance to amend the Hemet Municipal Code (HMC) shall include provisions to allow “by-right” ministerial approval for projects that include 20 percent (20%) of the units affordable to lower-income households when the projects are located on sites that were previously identified in the 5th Housing Element Cycle. For the purpose of this HMC proposed Ordinance, “by right” means that future projects would be exempt from discretionary review and any corresponding discretionary permit that would constitute a “project” under the California Environmental Quality Act (CEQA). Ministerial projects are not subject to CEQA, therefore projects that meet the aforementioned affordability criteria would be statutorily exempt from environmental review.

The attached draft Ordinance, if approved, would fulfill the requirements to comply with the provisions of California Government Code Section 65583.2(c), and General Plan Housing Element Program H- 3i. Failure to comply with the provisions of State law could potentially invite penalties and fines, up to and including de-certification of the City's 6th Cycle Housing Element.

General Plan and Zoning Consistency
Adopting the proposed Municipal Code Amendment advances housing-related policies for the City of Hemet as outlined in the 6th Cycle Housing Element and other portions of the General Plan. The following General Plan Program is applicable to this project:
"Housing Element Program H-3i. Any non-vacant sites identified in the prior 5th Cycle or vacant sites identified two or more consecutive planning periods, shall be approved by-right when at least 20% of the units in the proposed development are affordable to lower-income households.

To comply with State law, the City will permit residential uses by-right for housing development projects in which an applicant provides at least 20-percent of the units affordable to lower-income households for sites that:
• Are non-vacant and identified in the prior planning period; and • Vacant sites included in two or more consecutive planning periods (e.g., Housing Element Cycles 5 and 6)."
DISCUSSION:

Pursuant to HMC Section 90-41.4(b), the City Council shall be responsible for the final review and approval of zoning ordinance amendments. Pursuant to HMC Section 90-41.4(c), the zoning ordinance amendment shall become effective 30 days following the date of the second reading of the City Council Ordinance approving the action. In order to approve the zoning ordinance amendment, the following findings shall be made by the City Council, subject to HMC Section 90-41.5, as follows:

Finding No. 1. That the zoning ordinance amendment is in conformance with the latest adopted general plan for the city; and
Finding No. 2. That the zoning ordinance amendment will protect the public health, safety, and welfare.

Findings of Fact in support of these required findings may be found in Attachment No.1 of this Staff Report.

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PREVIOUS COUNCIL ACTION:

None.

STRATEGIC PLAN INTEGRATION:

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

Objective 1: Develop business practices that welcome new development by streamlining processes.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 2: Increase transparency for the public.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

FISCAL IMPACT:

Negligible costs for staff time to prepare the Ordinance and staff reports, and publishing a Public Hearing Notice.

ATTACHMENT(S):

Attachment No. 1 Draft CC Ordinance. 03.24.2026
Attachment No. 2 HCD email correspondence RE_ Housing Element Prior Identified Sites Attachment No. 3 CGC Section 65583.2(c)
Attachment No. 4 6th Cycle Housing Element Certification Letter Attachment No. 5 ZOA26-002 PHN_Ad_CC

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2026-XXX

AN ORDINANCE OF THE CITY OF HEMET, CALIFORNIA, AMENDING HEMET MUNICIPAL CODE, ARTICLE XIII, ADDING SECTION 90-388

OF THE HEMET MUNICIPAL CODE REGULATING AFFORDABLE
HOUSING “BY-RIGHT” ON VACANT SITES IDENTIFIED IN THE CITY OF HEMET CERTIFIED 5
TH CYCLE HOUSING ELEMENT TABLE H-39,

AND IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65583.2(c) AND GENERAL PLAN HOUSING ELEMENT
PROGRAM H-3i.

WHEREAS, On January 14, 2014, the City Council of the City of Hemet adopted the City’s 2013-2021 (5th Cycle) Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) on January 29, 2014; and
WHEREAS, On May 28, 2024, the City Council adopted the City’s 2021-2029 (6th Cycle) Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) on June 26, 2024; and WHEREAS, the Housing Element includes numerous programs that the City is required to initiate to implement the policies and achieve the quantified objectives listed in the Housing Element, including Housing Element Program H-3i, related to sites to accommodate the Regional Housing Needs Allocation (RHNA); and

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1
WHEREAS, the California Department of Housing and Community Development has requested an update from the City of Hemet concerning the implementation of Housing Element Program H-3i specifically to address Government Code Section 65583.2(c); and
WHEREAS, the City Council of the City of Hemet (“City Council”) finds that to further comply with State law, it is necessary for the City to amend its Municipal Code so that its provisions conform to and align with the requirements of Government Code Section 65583, as may be amended from time to time; and WHEREAS, the City Council therefore determines that this Ordinance is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the residents of the City.

NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and are incorporated SECTION 2: AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-388 as follows:

Sec. 90-388. By Right Housing Projects
A. Purpose and Intent. It is the purpose of this section to facilitate the development of qualifying affordable housing units by implementing Program H-3i

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1
from the City of Hemet 2021-2029 6 th Cycle Housing Element and to codify the statutory requirements found in the California Government Code Section 65583.2(c) governing the same.

B. Applicability. This section applies to the following sites listed in the 5 th Cycle
General Plan Housing Element Appendix C, Table 39 - Vacant Parcels for Very High Density Housing and identified as Assessor’s Parcel Numbers (APNs) 445-300-014, 445-290-023, 446-300-001, 446-300-002, 446-300-003, 464-270-002, 464-270-005, 464-270-006, 446-280-005, 446-280-016, 446-280-017, 446-300-005, 446-300-008, 446-300-011, 451-100-022, 451-100-026, 451-100-036, 442-060-046, 448-120-010, 448-090-003, and 443-120-003.

C. Effect. Residential projects allowed as a use by right under this section shall be exempt from discretionary review and any corresponding discretionary permits that would otherwise be required by the City of Hemet Municipal Code. For purposes of this section use “by right” has the same meaning as provided in Government Code Section 665832.2(i).

D. Requirements. A proposed owner-occupied or multifamily residential project shall be allowed as a use by right under this section if all of the of the following requirements are satisfied:

1. The project is located on a site listed in subsection (B) above.

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1

2. The project complies with all applicable objective City policies, development standards, and design standards established in the General Plan and Zoning Ordinance. Where there is conflict between other City requirements and this section, the provisions of this section shall apply.

3. At least 20 percent of the units are affordable to lower income households in accordance with Government Code Section 65583.2(c).

SECTION 3. CEQA ENVIRONMENTAL FINDINGS. The City Council has analyzed the proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA), pursuant to Section §15061(b)(3) which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. ZONING ORDINANCE AMENDMENT FINDINGS.

Finding No. 1. That the zoning ordinance amendment is in conformance with the latest adopted general plan for the city.

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1
Finding of Fact : The zoning ordinance amendment is in conformance with the latest adopted general plan for the City because it enables the following General Plan implementation program:

Housing Element Program H-3i. Any non-vacant sites identified in the prior 5th Cycle or vacant sites identified two or more consecutive planning periods, shall be approved by-right when at least 20% of the units in the proposed development are affordable to lower-income households.

To comply with State law, the City will permit residential uses by-right for housing developments projects in which an applicant provides at least 20- percent of the units affordable to lower-income households for sites that:
• Are non-vacant and identified in the prior planning period; and • Vacant sites included in two or more consecutive planning periods (e.g., Housing Element Cycles 5 and 6).

This finding can be met.

Finding No. 2. That the zoning ordinance amendment will protect the public health, safety and welfare.

Finding of Fact : The zoning ordinance amendment protects the public health, safety and welfare by establishing and updating zoning requirements that help ensure the

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1
accurate and orderly execution of adopted land use policy and procedures consistent with state law, in particular, California Government Code Section 65583.2(c).

This finding can be met.

SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

SECTION 7. PUBLICATION. The City Clerk shall publish this Ordinance in the manner required by law.

INTRODUCED at the regular meeting of Hemet City Council on the 24 th day of

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CITY OF HEMET ORDINANCE NO. 2026-XXX 1
March, 2026.

APPROVED AND ADOPTED this DAY/MONTH 2026
____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
Elodie Klug, Deputy City Clerk

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, Elodie Klug, Deputy City Clerk of the City of Hemet, do hereby certify that the foregoing ordinance was adopted by the Hemet City Council on the 24 th day of
March, 2026 and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
Elodie Klug, Deputy City Clerk

20.A.

CITY OF HEMET ORDINANCE NO. 2026-XXX 1

20.A.

From: Vasquez, Melissa@HCD
To: Emery Papp
Cc: Monique Alaniz-Flejter; Planning Staff
Subject: RE: Housing Element Prior Identified Sites
Date: Thursday, February 26, 2026 1:05:37 PM
Attachments: image001.png
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Brea Example (20 percent, MU Requirements, Min Density).pdf Piedmont Example (20 percent, MU requirements).pdf
Warning: This email originated from outside the City of Hemet. Think before you click! Hi Emery,
We can accept the timeline you provided. You are still required to have a process in place while we wait for adoption in May 14. I’ve attached two sample ordinances from Cities that put in place an interim policy while they were working on the official language. We are happy to set up a quick meeting to discuss with my manager Reid, since he was unable to join us last time.

Thank you,
From: Emery Papp <[email protected]>
Melissa Vasquez (she/her)
Senior Housing Policy Specialist
Housing and Community Development
651 Bannon Street | Sacramento, CA 95811
Phone: 916-776-7824 | Email: [email protected] Sent: Wednesday, February 11, 2026 3:30 PM
To: Vasquez, Melissa@HCD <[email protected]>
Cc: Monique Alaniz-Flejter <[email protected]>; Planning Staff <[email protected]> Subject: RE: Housing Element Prior Identified Sites
Good Afternoon Melissa, This item is scheduled as a Work Study Item for the City of Hemet Planning Commission Meeting to be held on February 17, 2026. The intent is to garner feedback from the Planning Commission to prepare a Resolution or an Good Afternoon Melissa,
This item is scheduled as a Work Study Item for the City of Hemet Planning Commission Meeting to be held on February 17, 2026. The intent is to garner feedback from the Planning Commission to prepare a Resolution or an Ordinance to go directly to City Council. An Ordinance to adopt an amendment to the City’s zoning code requires a 20-day public notice per CA PRC, and prior to preparing a public notice for City Council, we must first have a Planning Commission recommendation. As such, the earliest possible date that this item could go to City Council for consideration of an Ordinance First Reading would be Tuesday, March 10, 2026. However, the March 10, 2026 City Council Agenda is already full with weighty items, as well as a controversial public hearing item, and as a direct result, the most realistic City Council hearing date would be March 24, 2026 for introduction and first reading, with second reading on April 14, 2026, and the Ordinance would become effective on May 14, 2026. Is

20.A.

HCD amenable to this schedule? Please advise.

Sincerely,
www.hemetca.gov
[linkprotect.cudasvc.com]
[linkprotect.cudasvc.com]
[linkprotect.cudasvc.com]
[linkprotect.cudasvc.com]
Emery J. Papp | Deputy Director of Community
Development
City of Hemet | Community Development Department
445 E. Florida Avenue | Hemet, CA 92543
Direct: (951) 765-2325 | Planning Division: (951) 765-2375 Housing Division: (951) 765-2380
City Hall is open Monday – Friday, 7:30am – 5:30pm
My core office hours are Monday – Thursday, 7:30am – 5:30pm From: Vasquez, Melissa@HCD <[email protected]> Sent: Tuesday, February 10, 2026 8:10 AM
To: Monique Alaniz-Flejter <[email protected]>; Planning Staff <[email protected]> Cc: Emery Papp <[email protected]>
Subject: RE: Housing Element Prior Identified Sites
Warning: This email originated from outside the City of Hemet. Think before you click! Good morning,
I wanted to follow up on our meeting. I am attaching two sample resolutions. Do you think you can adopt this sooner than 3 months? I discussed with my manager the timeline you proposed and he thinks 3 months is too far out, being that you’re almost at a year past the statutory deadline. If you do need 3 months or longer you would need an interim internal policy in place until you adopt.

Let me know if you have any questions.

Melissa Vasquez (she/her)
Senior Housing Policy Specialist
Housing and Community Development
651 Bannon Street | Sacramento, CA 95811
Phone: 916-776-7824 | Email: [email protected] [landlordtenant.dre.ca.gov]
From: Monique Alaniz-Flejter <[email protected]>
Sent: Friday, January 30, 2026 9:44 AM
To: Vasquez, Melissa@HCD <[email protected]>; Planning Staff <[email protected]>

20.A.

Cc: Emery Papp <[email protected]>
Subject: RE: Housing Element Prior Identified Sites
Hi Melissa, Wednesday @10:00 am would be great. Thank you. www.hemetca.gov [hemetca.gov] [hemetca.gov] [hemetca.gov] [hemetca.g ov] Monique Alaniz-Flejter, AICP | Community Development Director City of Hemet | Community Development Department Hi Melissa,
Wednesday @10:00 am would be great.

Thank you.
www.hemetca.gov [hemetca.gov]
[hemetca.gov]
[hemetca.gov]
[
[hemetca.gov]
Monique Alaniz-Flejter, AICP | Community Development Director City of Hemet | Community Development Department
445 E. Florida Avenue | Hemet, CA 92543
Office: (951) 765-2370
From: Vasquez, Melissa@HCD <[email protected]> Sent: Wednesday, January 28, 2026 11:10 AM
To: Monique Alaniz-Flejter <[email protected]>; Planning Staff <[email protected]> Cc: Emery Papp <[email protected]>
Subject: RE: Housing Element Prior Identified Sites
Warning: This email originated from outside the City of Hemet. Think before you click! Good morning,
Weh have availability on Monday at 10:30 am, Wednesday at 9:30 am,10 am, or 11am, and Thursday at 9 am or 11am.

Thank you,
Melissa Vasquez (she/her)
Senior Housing Policy Specialist
Housing and Community Development
651 Bannon Street | Sacramento, CA 95811
Phone: 916-776-7824 | Email: [email protected] [landlordtenant.dre.ca.gov]
From: Monique Alaniz-Flejter <[email protected]>
Sent: Tuesday, January 27, 2026 9:57 AM
To: Vasquez, Melissa@HCD <[email protected]>; Planning Staff <[email protected]> Cc: Emery Papp <[email protected]>
Subject: RE: Housing Element Prior Identified Sites
Hi Melissa, Thank you for the follow-up. What is your availability next week? www.hemetca.gov [hemetca.gov] [hemetca.gov] [heme tca.gov] [hemetca.gov] Monique Alaniz-Flejter, AICP | Community Development Director City of Hemet | Community Development Hi Melissa,

20.A.

Thank you for the follow-up.

What is your availability next week?
www.hemetca.gov [hemetca.gov]
[hemetca.gov]
[hemetca.gov]
[
[hemetca.gov]
Monique Alaniz-Flejter, AICP | Community Development Director City of Hemet | Community Development Department
445 E. Florida Avenue | Hemet, CA 92543
Office: (951) 765-2370
From: Vasquez, Melissa@HCD <[email protected]> Sent: Tuesday, January 27, 2026 9:50 AM
To: Monique Alaniz-Flejter <[email protected]>; Planning Staff <[email protected]> Cc: Emery Papp <[email protected]>
Subject: RE: Housing Element Prior Identified Sites
Warning: This email originated from outside the City of Hemet. Think before you click! Good morning,
Just checking in again to see if we can schedule a quick call to discuss Housing Element Program H-3i implementation.

To meet the 20% by right requirement, other jurisdictions usually adopt an ordinance or resolution. See example attached.

Thank you,
Melissa Vasquez (she/her)
Senior Housing Policy Specialist
Housing and Community Development
651 Bannon Street | Sacramento, CA 95811
Phone: 916-776-7824 | Email: [email protected] [landlordtenant.dre.ca.gov]
From: Monique Alaniz-Flejter <[email protected]>
Sent: Thursday, December 18, 2025 6:21 PM
To: Vasquez, Melissa@HCD <[email protected]>; Planning Staff <[email protected]> Cc: Emery Papp <[email protected]>
Subject: RE: Housing Element Prior Identified Sites
Hi Melissa, I apologize for the delay in response. That is an excellent question. Pursuant to H-3i: Any non-vacant sites identified in the prior 5th Cycle or vacant sites identified two or more consecutive planning periods, shall be approved Hi Melissa,

20.A.

I apologize for the delay in response. That is an excellent question.

Pursuant to H-3i: Any non-vacant sites identified in the prior 5th Cycle or vacant sites identified two or more consecutive planning periods, shall be approved by-right when at least 20% of the units in the proposed development are affordable to lower-income households.

To comply with State law, the City will permit residential uses by-right for housing developments projects in in which an applicant provides at least 20-percent of the units affordable to lower-income households for sites that:
• Are non-vacant and identified in the prior planning period; and • Vacant sites included in two or more consecutive planning periods Do you know what other cities are doing to implement this? www.hemetca.gov [hemetca.gov]
[hemetca.gov]
[hemetca.gov]
[
[hemetca.gov]
Monique Alaniz-Flejter, AICP | Community Development Director City of Hemet | Community Development Department
445 E. Florida Avenue | Hemet, CA 92543
Office: (951) 765-2370
From: Vasquez, Melissa@HCD <[email protected]> Sent: Wednesday, December 17, 2025 2:46 PM
To: Monique Alaniz-Flejter <[email protected]>; Planning Staff <[email protected]> Subject: RE: Housing Element Prior Identified Sites
Warning: This email originated from outside the City of Hemet. Think before you click! Good afternoon,
Just checking in on the City’s implementation of Housing Element Program H-3i.

Thank you,
Melissa Vasquez (she/her)
Senior Housing Policy Specialist
Housing and Community Development
651 Bannon Street | Sacramento, CA 95811
Phone: 916-776-7824 | Email: [email protected] [landlordtenant.dre.ca.gov]
From: Monique Alaniz-Flejter <[email protected]>

20.A.

Sent: Tuesday, November 25, 2025 9:59 AM
To: Vasquez, Melissa@HCD <[email protected]>; Planning Staff <[email protected]> Subject: RE: Housing Element Prior Identified Sites
Good morning Ms. Vasquez, A follow-up response will be provided. Thank you. www.hemetca.gov [hemetca.gov] [hemetca.gov] [hemetc a.gov] [hemetca.gov] Monique Alaniz-Flejter, AICP | Community Development Director City of Hemet | Community Development Good morning Ms. Vasquez,
A follow-up response will be provided.

Thank you.
www.hemetca.gov [hemetca.gov]
[hemetca.gov]
[hemetca.gov]
gg ]
[hemetca.gov]
Monique Alaniz-Flejter, AICP | Community Development Director City of Hemet | Community Development Department
445 E. Florida Avenue | Hemet, CA 92543
Office: (951) 765-2370
From: Vasquez, Melissa@HCD <[email protected]> Sent: Tuesday, November 25, 2025 7:44 AM
To: Monique Alaniz-Flejter <[email protected]>; Planning Staff <[email protected]> Subject: RE: Housing Element Prior Identified Sites
Warning: This email originated from outside the City of Hemet. Think before you click! Good morning, just checking in on my previous email. Let me know if you’d like to set up a meeting to discuss.

Thank you,
Melissa Vasquez (she/her)
Senior Housing Policy Specialist
Housing and Community Development
651 Bannon Street | Sacramento, CA 95811
Phone: 916-776-7824 | Email: [email protected] [landlordtenant.dre.ca.gov]
From: Vasquez, Melissa@HCD
Sent: Friday, November 7, 2025 12:37 PM
To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]> Subject: Housing Element Prior Identified Sites
Good afternoon,

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My name is Melissa Vasquez, I am reviewing Ordinance 2024-2034 you provided to demonstrate the implementation of Housing Element Program H-3i, m related to sites to accommodate the Regional Housing Needs Allocation (RHNA). Can you please specify where in the ordinance the City address Government Code section 65583.2(c)?
Thank you,
Melissa Vasquez (she/her)
Senior Housing Policy Specialist
Housing and Community Development
651 Bannon Street | Sacramento, CA 95811
Phone: 916-776-7824 | Email: [email protected] [landlordtenant.dre.ca.gov]

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California Code, Government Code - GOV § 65583.2
Current as of January 01, 2025 | Updated by Findlaw Staff <Section operative until Dec. 31, 2028 and repealed on that date. See, also, § 65583.2 operative Dec. 31, 2028.>
(a) A city's or county's inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):
(1) Vacant sites zoned for residential use.
(2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county. (4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.
(b) The inventory of land shall include all of the following:
(1) A listing of properties by assessor parcel number.
(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3) For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.

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(B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction's general plan, for reference purposes only. (c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality's housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning by the applicable deadline for rezoning set forth in subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing, and whether the inventory affirmatively furthers fair housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:

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(1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency's calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.
(B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.
(C) A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.
(3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.

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(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i):
sites allowing at least 10 units per acre.
(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. (4)(A) For a metropolitan jurisdiction:
(i) At least 25 percent of the jurisdiction's share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least four units of housing, but not more than 100 units per acre of housing. (ii) At least 25 percent of the jurisdiction's share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing.
(B) The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
(i) Deny a project that does not comply with the allocation. (ii) Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.
(iii) The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section. (C) This paragraph does not apply to an unincorporated area. (D) For purposes of this paragraph:
(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(ii) “Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 or through a local ordinance or other provision implementing either of those articles. This paragraph shall

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not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department. (E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land. (d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e)(1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction's population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population, in which case the county shall be considered metropolitan.
(2)(A)(i) Notwithstanding paragraph (1), if a county that is in the San Francisco- Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.
(ii) A county subject to this subparagraph shall utilize the sum existing in the county's housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households. (B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report

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shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction's population is less than 25,000 in which case it shall be considered suburban.
(g)(1) For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city's or county's past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(2) In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
(3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.

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(h)(1) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for lower income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.
(2) These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c), and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the lower income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the lower income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review.

However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j) Notwithstanding any other provision of this section, within one-half mile of a Sonoma- Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k) For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.

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(l)(1) The changes to this section made by Chapter 193 of the Statutes of 2020 shall become operative on January 1, 2022.
(2) The changes to this section made by Chapter 193 of the Statutes of 2020 shall not apply to a housing element revision that is originally due on or before January 1, 2022, regardless of the date of adoption by the local agency. (m) This section shall remain in effect only until December 31, 2028, and as of that date is repealed.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 2, 2024
Monique Alaniz-Flejter, Director
Community Development Department
City of Hemet
445 East Florida Avenue
Hemet, CA 92543
Dear Monique Alaniz-Flejter:

RE: City of Hemet’s 6
th Cycle (2021-2029) Adopted Housing Element
Thank you for submitting the City of Hemet’s (City) revised draft housing element that was received on April 30, 2024 and later adopted on May 28, 2024 and received on June 10, 2024. The California Department of Housing and Community Development (HCD) also received technical modifications on June 2 , 2024. The technical modifications were authorized by Resolution Number 2024-065 and posted and made available to the public for seven days prior to review. Pursuant to Government Code section 65585, HCD is reporting the results of its review. Our review was facilitated by conversations on May 23, 2024 and May 30, 2024 with you and your consultant.

HCD is pleased to find the adopted housing element, including all technical modifications, in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq) as of the date of this letter. The adopted element addresses the statutory requirements described in HCD’s December 15, 2023 review.

Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
x Program H-1a (Implement Fair Housing Laws)
x Program H-1b (Emergency Shelters and Homeless Facilities) x Program H-1c (Accessibility for Persons with Disabilities) x Program H-1d (Special Housing Needs)
x Program H-1e (Transitional and Supportive Housing)
x Program H-1f (Housing for Extremely Low-Income Households) x Program H-1i (Zoning for Emergency Shelters)
x Program H-1j (Low Barrier Navigation Centers)
x Program H-2g (Development Standards for Residential Developments) x Program H-2i (Missing Middle Housing)

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Monique Alaniz-Flejter, Director

x Program H-3c (Accessory Dwelling Units)
x Program H-3d (Accessory Dwelling Unit Monitoring Program) x Program H-3f (Density Bonuses)
x Program H-3h (Compliance with SB 35 Permit Streamlining Requirements) x Program H-3i (Uses of Sites Identified in Previous RHNA Cycles) x Program H-5b (Preserve Existing Assisted Units)
x Program H-5f (Preservation and Improvement of Mobile Homes) The City must monitor and report on the results of these and other programs through the annual progress report, required pursuant to Government Code section 65400.

Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.

HCD appreciates the effort and cooperation the City’s housing element team and consultants provided throughout the housing element update and review. HCD wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Emily Hovda, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

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City of Hemet
Notice of Public Hearing
The City of Hemet is providing alternative measures for the public to attend/view this public hearing. This meeting will be liv e-streamed on the City's website at https://hemetca.gov/agenda. Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link:
https://hemetca.civicweb.net/Portal/CitizenEngagement.aspx. Comments will be recorded in the official meeting record. POTENTIAL USE OF AB 2449’S JUST CAUSE OR EMERGENCY CIRCUMSTANCES PROVISIONS - In the event a City Councilmember joins the meeting virtually under AB 2449, then members of the public can utilize the number below to participate via teleconference. If all part icipating Councilmembers are physically present, then the call-in feature will be unavailable, but the meeting can still be viewed at the link:
https://us02web.zoom.us/j/89330351925 or calling the teleconference line 1 669 900 6833, Webinar ID: 893 3035 1925, Passcode:
745765

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY OF HEMET CITY COUNCIL ON THE FOLLOWING:

Project: (ZOA 26-002) An Ordinance of the City of Hemet Amending a Portion of the Hemet Municipal Code, Chapter 90, Article XVI, Adding Section 90-38x of the Hemet Municipal Code Regulating Affordable Housing “By-Right” on Vacant Sites Identified in the City of Hemet Certified 5
th Cycle Housing Element Table H-39, and in Accordance with California Government Code Section 65583.2(c) and General Plan Housing Element Program H-3i.

Environmental Determination: The City has analyzed this proposed project and has determined that the Project is Categorically Exempt from the California Environmental Quality Act in accordance with California Public Resources Code Section 21080.17, as defined by Section 66314 to 66332 of the Government Code and CEQA Guidelines Section 15061(b)(3), the “common sense exemption” as it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment.

Planning Commission Action: On February 17, 2026, the City of Hemet Planning Commission found that the Project is Categorically Exempt from the California Environmental Quality Act in accordance with CEQA Guidelines Section 15061(b)(3) and recommended that the City Council adopt the proposed Ordinance establishing affordable housing “by-right” on vacant sites identified in the City of Hemet Certified 5
th Cycle Housing Element.

Location of Property: City-Wide
Applicant: City-Initiated
Date of Hearing: March 24, 2026
Time of Hearing: 6:00 PM
Place of Hearing: City Council Chambers, 450 E. Latham Avenue, Hemet, CA 92543 Should you have any questions concerning this project, please contact Emery Papp at (951) 765-2329 or [email protected].

ANY INTERESTED PARTY MAY SUBMIT WRITTEN COMMENTS PRIOR TO THE HEARING OR APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE PROJECT APPLICATION(S) AND RELATED DOCUMENTS ARE AVAILABLE FOR INSPECTION. DUE TO COVID, PLEASE CONTACT THE PROJECT PLANNER TO INSPECT DOCUMENTS. AS A RESULT OF THIS PUBLIC HEARING AND COMMENTS, THE PROPOSED PROJECT MAY BE EITHER ACCEPTED AS PRESENTED, MODIFIED, OR DENIED. IF

YOU CHALLENGE THE NATURE OF THE ABOVE LISTED ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY

THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OFFICES, AT, OR PRIOR TO, THE PUBLIC HEARING.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

The City of Hemet Warrant Registers for February 26, 2026, March 3, 2026, and March 5, 2026, and Periodic Payroll Payments
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet Warrant Registers and Periodic Payroll Payments.

BACKGROUND:

To ensure transparency, warrant registers listing all vendor payments made during a check cycle and periodic payroll payments are presented to the City Council to receive and file.

ANALYSIS:

Warrant Registers:
 February 26, 2026, in the amount of $679,142.31
 March 3, 2026, in the amount of $329.32
 March 5, 2026, in the amount of $1,759,196.83
The following check was issued in excess of $500,000 for this reporting period:
 March 5, 2026
o Kaiser Foundation $579,204.26 for active employee medical insurance Periodic Payroll Payments:
 February 16, 2026 - March 1, 2026, in the amount of $1,129,539.92 STRATEGIC PLAN INTEGRATION:

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GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

All funds dispersed have been appropriated in the City's fiscal year budget.

ATTACHMENT(S):

Attachment 1: 022626 CHECK RUN REPORT
Attachment 2: 030326 CHECK RUN REPORT
Attachment 3: 030526 CHECK RUN REPORT

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

Approval of a License Agreement between the City of Hemet and the Hemet Woman's Club for the Use of Facilities at the Hemet Public Library
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve and authorize the City Manager to execute a Revocable and Nonexclusive License Agreement with the Hemet Woman’s Club, a California nonprofit corporation, for the use of designated portions of the Hemet Public Library for member meetings, public programs, and charitable fundraising activities.

BACKGROUND:

The relationship between the City of Hemet and the Hemet Woman’s Club is one of the most enduring partnerships in the history of the city, spanning nearly 120 years since the Club’s founding in 1906. The Hemet Woman's Club was fundamentally instrumental in the very creation of the city’s municipal library system, having pledged the original funds for Hemet’s first public reading room and successfully securing the grant that funded the construction of the community’s first dedicated library building. This historical bond was further solidified when the Club deeded its own clubhouse property to the City to facilitate essential municipal parking and administration.

Since then, the Hemet Public Library has served as the official meeting place for the Club, representing a modern continuation of a century-long legacy of mutual support and community service. The Club remains a vital partner to the City through its extensive charitable endeavors, which include providing scholarships to local students, supporting domestic violence shelters, and assisting public safety agencies.

ANALYSIS:

The recommended Agreement formalizes the long-standing arrangement by granting the Hemet Woman's Club a revocable and nonexclusive license to utilize interior portions of the Hemet Public Library, such as meeting and program rooms, for civic, educational, and charitable purposes. Unlike a

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traditional lease, this license does not create any real property interest and explicitly preserves the City’s exclusive possession and control over the facility at all times.

To ensure that municipal needs remain the priority, the Agreement grants the City the overriding right to preempt or reschedule the Club’s use for Library operations, elections, emergency response, or capital projects. The Club is required to provide reasonable advance notice for its events and must adhere to the Facility Rules that govern public conduct, safety, and cleanliness. Furthermore, the Agreement includes standard legal protections for the City, including a requirement for the Club to maintain liability insurance and indemnity provisions that hold the City harmless from claims arising out of the Club’s activities. This structured framework ensures that the Club can continue its mission of community service while the City maintains operational flexibility and standard risk mitigation associated with facility use.

STRATEGIC PLAN INTEGRATION:

N/A
FISCAL IMPACT:

In recognition of the Hemet Woman's Club’s significant historical contributions to the City and its ongoing charitable impact, the Agreement establishes a nominal annual license fee of one dollar.

While the City will provide routine utilities and maintenance for the facility, the Agreement protects the General Fund by allowing the City to bill the Club for any extraordinary costs directly attributable to its use, such as damage repairs, specialized cleaning, or security responses. Consequently, the approval of this Agreement is expected to have a negligible impact on the City’s budget while securing the continued presence of a valued community partner.

ATTACHMENT(S):

Attachment 1: HWC - Facility Use Agreement FINAL 2.25

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LICENSE AGREEMENT
This REVOCABLE AND NONEXCLUSIVE LICENSE AGREEMENT (“Agreement”) is made and entered into as of __________, 2026 (“Effective Date”), by and between the CITY OF HEMET, a California municipal corporation (“City”), and HEMET WOMAN’S CLUB, a California nonprofit corporation (“Licensee”). City and Licensee are each a “Party” and together the “Parties.”
WHEREAS, the Hemet Woman’s Club was founded in 1906 and has provided continuous community service to the City of Hemet and San Jacinto Valley for nearly 120 years; and
WHEREAS, the Hemet Woman’s Club was instrumental in the creation of the Hemet Public Library, having pledged the original funds for the community's first public reading room and successfully securing the Carnegie grant used to construct the city's first dedicated library building; and
WHEREAS, the City and the Hemet Woman’s Club share a history of cooperation, including the Hemet Woman’s Club deeding of its former clubhouse property to the City to facilitate municipal parking and administration; and
WHEREAS, the Hemet Woman’s Club remains a vital partner to the City through its extensive charitable work, including support for the Hemet Public Library, student scholarships, local shelters, and public safety agencies; and
WHEREAS, the City recognizes the historical “heartstrings” that bind these two institutions and desires to provide Licensee with a meeting place within the library, which Licensee has called home since 2014.

1. Purpose; Nature of Rights

1.1 Purpose. City permits Licensee to use a portion of the Hemet Public Library (the “Facility”) to conduct Licensee’s member meetings, public meetings sponsored by Licensee, and charitable fundraising activities, together with directly related setup and takedown, as described in this Agreement.

1.2 License Only. This Agreement grants a revocable and nonexclusive license for use only; it does not create any leasehold or other real property interest. City retains exclusive possession and control of the Facility and may enter and use the Premises (as defined below) at any time.

1.3 No Exclusivity. Other City uses and third-party uses may occur at the Facility and Premises. City will use reasonable efforts to avoid material interference with Licensee’s scheduled activities.

2. Premises; Schedule; Term; City Operations Priority

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2.1 Premises. The licensed areas are those interior portions of the Facility (such as meeting rooms, program rooms, or other multi-purpose spaces) designated by City from time to time and depicted or described in Exhibit A (Premises Diagram) (the “Premises”), plus reasonable access routes, restrooms, and other support areas as designated by City. Licensee may from time to time submit written requests identifying the portion of the Facility (whether or not a part of the Premises) it proposes to use for a particular meeting or event, and City Manager or their designee may approve, condition, or deny such request in their sole discretion.

2.2 Schedule. The Parties acknowledge that the historical relationship between the City and Licensee is characterized by mutual support, and it is the intent of this Agreement that Licensee’s use of the Premises shall not be generally constrained by a rigid or restrictive schedule
2,2,1 Availability as Default. So long as the Premises available and does not conflict with Library operations, other City programs, elections, or emergency operations, the City shall endeavor to accommodate Licensee’s requests.

2.2.2. Alternative Equivalent Space. In the event the Premises is unavailable, the City shall use reasonable efforts to provide Licensee with an alternative equivalent space in a City building to ensure the continuity of Licensee's meetings and programs.

2.2.3 Setup and Takedown. With reasonable advance notice, City will City personnel available for setup and takedown to assist Licensee.

2.2.4 Cleanup and Waste Disposal. Licensee shall be responsible for performing routine custodial tasks within the Premises following each use, including wiping down surfaces and collecting debris. In support of these efforts, the City shall permit Licensee to utilize the Facility’s existing trash receptacles for the disposal of routine waste generated during approved events.

2.2.5 Administrative Oversight. Use days and hours shall be agreed to in writing by the Parties, which they intend to be a living understanding that may be updated in writing by the City Manager or their designee to reflect the ongoing and evolving needs of the Licensee and the City.

2.3 Term. The term begins on the Effective Date and continues until suspended or terminated as provided in this Agreement.

2.4 Blackout / Priority Dates. City may designate blackout dates or priority dates when the Premises are unavailable, including but not limited to elections, Library system events, emergency operations, capital projects, and other City or community-wide events. City will endeavor to give Licensee at least 5 days’ written notice, except in emergencies.

2.5 City Operations Priority; Preemption. City retains an overriding priority for Library and other municipal operations. City may preempt, reschedule, or relocate Licensee’s use upon

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notice when necessary for City purposes. If City preempts a scheduled Licensee event, City’s sole obligation is to work in good faith to identify a reasonable alternative date, time, or space, if available. Licensee shall promptly comply with any direction to vacate or relocate and shall protect and remove its property as directed.

3. License Fee; Cost Recovery

3.1 Fees. In consideration of the rights granted under this Agreement, Licensee shall pay to City a fixed annual License Fee of One Dollar ($1.00). This Fee shall be due and payable on the Effective Date and on each subsequent anniversary thereof for the duration of this Agreement. This Fee is established as a fixed flat rate for the entire life of the Agreement and shall not be subject to adjustment.

3.2 City Cost Recovery. Nothing in this Agreement obligates City to incur or maintain any specific level of staffing or services. City may bill Licensee for extraordinary costs directly attributable to Licensee’s use, including but not limited to, damage repairs, extraordinary cleaning, security responses, utility use or false alarms.

4. Permitted Use; Prohibited Uses

4.1 Permitted Use. Permitted Use shall consist solely of: (a) meetings of Licensee’s members; (b) public meetings, programs, or events sponsored and controlled by Licensee; and (c) charitable fundraising activities conducted by or on behalf of Licensee, in each case held within the Premises and consistent with Facility Rules & Operating Requirements attached hereto as Exhibit B, as those may be amended from time to time. Permitted Use is limited to civic, educational, cultural, or charitable activities of Licensee and does not include general office operations, commercial business activities, political activities, private social events unrelated to Licensee’s mission, or any use not expressly authorized by this Agreement.

4.2 Prohibited Uses. All uses inconsistent with the Permitted Use are prohibited, including but not limited to: use of the Premises by any person or entity other than Licensee; assignment, sublicensing, or lending of the Premises to third parties; commercial or for-profit activities; private social events unrelated to Licensee’s mission; overnight use; storage or operation of hazardous materials; political activities; or any use not authorized in writing by City.

4.3 Storage. Licensee may store equipment, supplies, or other personal property at the Facility, subject to the City’s reasonable rules and regulations. Such storage shall be limited to the specific locations, areas, racks, or cabinets designated by the City. Licensee acknowledges that the City assumes no responsibility for the loss of or damage to any property stored at the Facility.

4.4 No Alterations. Licensee shall not make any alterations, penetrations, or improvements to the Premises without City’s prior written consent. Any approved alterations shall become City property, unless otherwise agreed in writing.

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5. Compliance with Laws; Permits; Safety

5.1 Laws. Licensee shall comply with all applicable federal, state, and local laws, regulations, and ordinances, including public health requirements, ADA, and all City policies for facility users.

5.2 Permits/Approvals. Licensee shall obtain and maintain any permits, licenses, or approvals required under applicable law for its meetings and events, including any applicable charitable registration, solicitation, or raffle permits, and shall comply with all conditions of such approvals. Licensee shall not conduct any activity requiring a permit or approval (including but not limited to special event, building, or public safety permits) unless such permit or approval has first been obtained and remains in effect.

5.3 Safety; Emergencies. Licensee shall implement reasonable safety practices, maintain aisles and exits free of obstruction, and comply with all emergency procedures. Licensee shall immediately report emergencies, injuries, or unsafe conditions to City.

5.4 Volunteer Management. Licensee shall (a) designate an on-site responsible person during all periods of use; (b) implement reasonable screening, training, and supervision practices for volunteers; and (c) maintain appropriate supervision.

6. Utilities; Maintenance; Condition

6.1 Utilities. City shall provide normal utilities (electricity, water, sewer, and trash) for routine use. City may recover extraordinary utility costs attributable to Licensee’s use.

6.2 City Maintenance. City will maintain the Facility structure, building systems, and common areas in a reasonably safe condition, subject to available funding and standard City practices.

6.3 Licensee Obligations. Licensee shall keep the Premises reasonably clean during and after its use, remove or store all property of Licensee, remove trash, and leave furnishings in the configuration specified by City.

7. Damage; Repairs

7.1 Damage by Licensee. Licensee is responsible for any damage to the Premises, Facility, or City property caused by Licensee, its members, invitees, or volunteers. City may repair such damage and invoice Licensee for actual costs.

7.2 Reporting. Licensee shall promptly report any damage, malfunction, or unsafe condition to City.

8. No Tenancy; No Relocation Assistance

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8.1 No Tenancy. Licensee acknowledges it is not a tenant and has no rights under any landlord-tenant law or relocation assistance law.

8.2 No Relocation Assistance. Licensee is not entitled to relocation assistance, goodwill payments, or similar benefits if this Agreement is terminated.

9. Indemnity

9.1 Licensee Indemnity. To the fullest extent permitted by law, Licensee shall defend (with counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers, employees, volunteers, and agents from and against all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or in any way related to Licensee’s use of the Premises, except to the extent caused by City’s sole active negligence or willful misconduct.

9.2 Survival. Licensee’s indemnity obligations survive termination or expiration of this Agreement.

10. Assumption of Risk
Licensee acknowledges that use of the Premises involves inherent risks and voluntarily assumes all such risks for itself and its members, guests, and volunteers, except to the extent caused by City’s sole active negligence or willful misconduct.

11. Insurance

11.1 Required Coverage. Licensee shall maintain the insurance coverages and limits in amounts and types reasonably required by the City, including naming City as an additional insured where required. The City shall provide Licensee with written notice of any changes to the required insurance limits. In the absence of such written notice, the current or previously established insurance limits shall remain in full force and effect.

11.2 Proof of Insurance. Licensee shall provide certificates of insurance and endorsements evidencing required coverage to the City Manager before any use of the Premises and upon renewal.

11.3 Failure to Maintain Insurance. Failure to maintain required insurance is a material breach and grounds for immediate suspension or termination of this Agreement.

12. Default; Suspension; Termination

12.1 Default. Any failure by Licensee to comply with the terms of this Agreement, including but not limited to, the nonpayment of the nominal annual fee, a failure to maintain the insurance required under Section 11, or a persistent violation of the Facility Rules, shall constitute a default under this Agreement. Given the historical significance of the Licensee’s contributions to the City’s library system, the City shall only exercise its remedies for default following a formal notice and cure process intended to preserve the partnership.

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12.2 Notice and Cure Period. Upon the occurrence of a default, the City shall provide Licensee with a written notice of default that specifically describes the nature of the breach.

Licensee shall have sixty (60) calendar days from the receipt of such notice to cure the default to the City’s reasonable satisfaction. In the specific case of a failure to maintain insurance, which involves heightened municipal risk, Licensee shall have ten (10) calendar days to provide the City Manager with certificates of insurance evidencing that the required coverage has been restored. If a non-monetary default is of such a nature that it cannot reasonably be cured within sixty (60) days, the City may extend the cure period provided that Licensee has commenced diligent efforts to remedy the breach and continues to prosecute those efforts to completion.

12.3 City Remedies. If Licensee fails to cure the default within the applicable timeframe, or fails to initiate and maintain diligent efforts to cure a complex breach, the City may elect to suspend Licensee’s access to the Facility, terminate this Agreement in its entirety, or pursue any other remedies available under California law. The City’s waiver of any single default shall not be construed as a waiver of any subsequent or continuing breach of the same or other provisions of this Agreement.

13. Use Standards; Cleanliness; Public Conduct
Licensee shall conduct all activities in a safe, orderly, and sanitary manner; shall keep the Premises and adjacent areas used by Licensee clean and free of trash and debris; and shall ensure that participants, invitees, and volunteers comply with applicable Facility Rules and standards of public conduct. No waste, debris, or prohibited substances may be discharged to drains or outdoors, and Licensee shall promptly clean and properly dispose of any spills, litter, or other materials arising from its activities.

14. Non-Discrimination
Licensee shall not discriminate in its programs or activities on the basis of any protected class under federal or state law and shall comply with all applicable civil rights laws.

15. Public Records; Records

15.1 Public Records. Records provided to City may be subject to the California Public Records Act, subject to applicable exemptions.

15.2 Licensee Records. Licensee shall maintain records relating to its activities under this Agreement and make them available to City upon reasonable request for compliance and audit purposes.

16. General Provisions

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16.1 Governing Law; Venue. This Agreement is governed by California law. Venue for any action shall be in a court of competent jurisdiction in Riverside County, California.

16.2 Assignment. This License is personal to Licensee and shall not be assigned, sublicensed, subcontracted, or otherwise transferred in whole or in part. City shall have no obligation to consider or approve any proposed assignment or transfer, and any attempted assignment or transfer without City’s prior written consent (which City may withhold in its sole discretion) shall be void and grounds for immediate termination.

16.3 Entire Agreement; Amendments. This Agreement, including Exhibits, constitutes the entire agreement of the Parties regarding the subject matter and may be amended only in a writing signed by both Parties.

16.4 Independent Contractor. Licensee is an independent contractor and not an agent or employee of City.

16.5 Notices. Notices must be in writing and delivered personally, by reputable courier, or by certified mail to:

City: City Manager
445 E Florida Ave
Hemet, CA 92543
Licensee: President
Hemet Woman’s Club
[Licensee mailing address]
[City, State ZIP]
Notices are effective on delivery or 3 days after mailing.

16.6 Authority. Each person signing this Agreement warrants they have authority to bind the Party on whose behalf they sign.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY OF HEMET
By: _______________________________
Name/Title: MARK PRESTWICH, CITY MANAGER
Date: _____________________________
ATTEST

CITY CLERK

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By: ______________________________

APPROVED AS TO FORM

CITY ATTORNEY
By: ______________________________
HEMET WOMAN’S CLUB
By: _______________________________
Name/Title: ______________________________
Date: _____________________________
EXHIBIT A: PREMISES
EXHIBIT B: FACILITY RULES & OPERATING REQUIREMENTS

EXHIBIT A
The Premises

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EXHIBIT B
Facility Rules & Operating Requirements
Licensee shall conduct all activities at the Facility in a manner compatible with normal Library operations, respecting the quiet nature of Library spaces, maintaining clear access to entrances, exits, aisles, and restrooms, and following all instructions of Library and City staff. At the end of each use period, Licensee shall ensure that the Premises are left in a neat and orderly condition, furnishings are returned to the agreed configuration, and that doors, windows, lighting, and HVAC controls within the Premises are secured as directed by City staff.

Occupancy limits set by the Fire Marshal must be observed at all times. Any amplification or music must have prior City approval and must adhere to applicable noise ordinances.

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The City’s Operations Priority remains paramount. The City may relocate, reschedule, or preempt Licensee’s activities when necessary for Library or City operations, emergency use, or capital projects; there will be no claim for consequential damages arising from preemption.

Light refreshments may be served at meetings or events only if pre-approved in writing by City and conducted in locations designated by City. Any refreshment service shall be incidental to Licensee’s meetings or charitable activities, and Licensee shall ensure that all serving, storage, and cleanup activities are sanitary, protect finishes and furnishings, and do not create odors, pests, or nuisance conditions. Any spills, stains, or damage resulting from food or beverage service shall be promptly reported to the City and remediated by Licensee at its expense.

Accessibility is a core obligation. Programs shall be conducted in accessible spaces and in a manner that does not impede accessible routes or features. Licensee shall cooperate with City regarding accommodation requests with the City when City involvement is needed.

Security and access will be managed under City protocols. Key cards, keys, or access codes, if provided, shall not be duplicated or shared and shall be returned immediately upon request. Licensee shall comply with any queue management, evacuation, and inclement-weather procedures provided by City.

Volunteer management shall be active and documented. Volunteers shall be trained on these Facility Rules, emergency procedures, and Code of Conduct.

Incidents, injuries, illnesses, near-miss events, property damage, or security concerns shall be documented by Licensee and reported to City as soon as practicable, and in all cases prior to the close of the event. Licensee shall review safety procedures with staff and volunteers at the start of each operating period.

Signage is limited to temporary interior signs for wayfinding and program identification only, and only during approved use times. Any collection of personal information must be for Licensee’s legitimate program purposes and comply with applicable privacy laws.

Storage is limited to the areas, racks, or cabinets designated in writing by City (if any).

All other items shall be removed at the end of each event. City assumes no responsibility for loss or damage to Licensee’s property.

Alcohol, cannabis, and tobacco are prohibited on City property, including the Facility and Premises, except as may be expressly authorized by separate written City approval. Open flames, hazardous materials, and personal cooking appliances not approved by the City are not permitted.

Licensee is responsible for routine custodial tasks within the Premises, including trash pickup, wiping down tables, and similar activities. If Licensee’s use requires extraordinary cleaning, repair, or staff response, City may bill Licensee for the reasonable cost.

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Finally, the City and its representatives may enter the Premises at any time to observe activities, verify compliance with this Agreement and Facility Rules, or address safety or operational concerns. Repeated or material violations of these Facility Rules may result in suspension, preemption, or termination as provided in the Agreement.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Gregg Holyoak, Public Works Operations Manager;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the Second Amendment to the License Agreement in Final Form as Approved by the City Attorney RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the Second Amendment to the License Agreement in Final Form as Approved by the City Attorney.

BACKGROUND:

The Brubaker Park Baseball Complex is designed to provide playing fields from T-Ball to Little League and Senior League. The complex includes amenities such as a concession stand and adequate parking facilities to accommodate league play and tournament events.

The City entered into a License Agreement with Hemet Little League Baseball & Softball Inc. in February 2024 for the management, use, and maintenance of the Brubaker Park Baseball Complex.

Hemet Little League has had a successful two years with strong participation in their Spring and Fall seasons, along with their hosting of several tournaments and events.

The Hemet Little League Board President reached out to Public Works, requesting to amend the agreement to allow outside food vendors to come into the baseball complex area during Hemet Little League-sanctioned games and events to provide additional food options to patrons that are not available at the concession stand.

22.B.

ANALYSIS:

The proposed Second Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc. would allow the authorized licensee to engage a maximum of no more than five outside food vendors on the premises at one time to provide additional food service options at the premises during qualifying events, which include tournaments hosted or sanctioned by the licensee, league game days during spring and fall season play, and other events that qualify as city-sponsored or city permitted special events under Hemet Municipal Code Section 18-601.

DISCUSSION:

Hemet Little League has operated at Brubaker Park for a little over two years and has continued to host successful seasons and tournament play at the facility. Hosting various baseball and softball tournaments brings numerous patrons from outside the area to participate in these events. The current concession stand offers basic food options; however, allowing a limited number of additional outside food vendors would expand the variety of food available. Vendors offering items such as kettle corn, ice cream, and other specialty foods would complement the existing concessions of hot dogs, nachos, soft drinks, and similar items.

Allowing a small number of authorized outside food vendors would help Hemet Little League create a more attractive and engaging baseball and softball tournament atmosphere, which could lead to increased participation, higher revenues, and additional travel into the City.

PREVIOUS COUNCIL ACTION:
 January 9, 2024: The City Council approved a license agreement with Hemet Little League Baseball & Softball Inc. for the management, use, and maintenance of the Brubaker Baseball Complex
 March 25, 2025: The City Council approved the first amendment to the license agreement with Hemet Little League Baseball & Softball Inc. for an additional six years, added to the initial term agreement.

STRATEGIC PLAN INTEGRATION:

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

FISCAL IMPACT:

The proposed amendment to the license agreement is anticipated to have a positive impact on the General Fund, as the licensee is responsible for the operation and maintenance costs of the facility.

With the completion of the initial two-year establishment period, the licensee will now begin making an annual payment equal to twenty-five percent (25%) of net revenue generated from concession sales and tournament activities.

22.B.

Revenue generated from the additional authorized food vendors will be included in this calculation.

These contributions will help support extraordinary maintenance needs and fund future improvements to the facility.

ALTERNATIVE(S):

1. Do not approve the proposed amendment to the license agreement with Hemet Little League Baseball and Softball Inc.

2. Provide the City Manager with alternative direction.

ATTACHMENT(S):

Attachment 1 - Resolution Hemet Little League Amendment No.2 Attachment 2 - HLL Proposed Second Amendment
Attachment 3 - HLL License Agreement Feb 2024
Attachment 4 - HLL First Amendment
Attachment 5 - 2026 Insurance COI Documents

22.B.

CITY OF HEMET RESOLUTION NO. 2026-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE SECOND

AMENDMENT TO THE LICENSE AGREEMENT WITH
HEMET LITTLE LEAGUE BASEBALL & SOFTBALL INC.,

FOR THE MANAGEMENT, USE, AND MAINTENANCE OF

THE BRUBAKER PARK BASEBALL COMPLEX

LOCATED AT THE INTERSECTION OF CAWSTON

AVENUE AND MUSTANG WAY, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE SECOND

AMENDMENT TO THE LICENSE AGREEMENT IN FINAL

FORM AS APPROVED BY THE CITY ATTORNEY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet (City) and Hemet Little League Baseball & Softball Inc. (Licensee) entered into an agreement entitled “License Agreement for Use of Brubaker Park Baseball Complex” dated February 26, 2024 (“Agreement”) for the purpose of the Licensee to exclusively use the Brubaker Park Baseball Complex; and WHEREAS, the Licensee president contacted City staff requesting to amend the Agreement to allow outside food vendors to come into the baseball complex area during Hemet Little League-sanctioned games and events to provide additional food options to patrons; and
WHEREAS, the Licensee has operated successfully for a little over two years with spring and fall seasons and holding multiple tournaments that bring in numerous patrons from outside the area; and

22.B.

CITY OF HEMET RESOLUTION NO. 2026-XXX 2
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WHEREAS, the current concession stand has basic food options such as hot dogs, nachos, and soft drinks. Allowing a limited number of authorized outside food vendors would allow them to offer additional options such as kettle corn, ice cream, and various food genres, making for a more attractive baseball and softball tournament atmosphere, leading to increased participation, revenues, and travel to the valley; and WHEREAS, staff recommends that the City Council approve the Second Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc. allowing the authorized licensee to engage a maximum of no more than five outside food vendors on the premises at one time to provide additional food service options at the premises during Qualifying events that include tournaments hosted or sanctioned by the licensee, league game days during spring and fall season play, and other events that qualify as city-sponsored or city permitted special events under Hemet Municipal Code Section 18-601.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

SECTION 1. FINDINGS – The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. APPROVAL – The City Council approves the second amendment to the license agreement with Hemet Little League Baseball & Softball Inc. in final form as approved by the City Attorney.

SECTION 3. AUTHORIZATION – The City Council authorizes the City Manager to execute the second amendment to the license agreement.

22.B.

CITY OF HEMET RESOLUTION NO. 2026-XXX 3
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SECTION 4. EFFECTIVE DATE – This Resolution shall become effective upon adoption.

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CITY OF HEMET RESOLUTION NO. 2026-XXX 4
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PASSED, APPROVED, AND ADOPTED this 24th day of March, 2026. ____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
Elodie Klug, Deputy City Clerk

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CITY OF HEMET RESOLUTION NO. 2026-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, Elodie Klug, Deputy City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 24th day of March, 2026, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
Elodie Klug, Deputy City Clerk

22.B.

00091753.1

SECOND AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND

HEMET LITTLE LEAGUE BASEBALL
&
SOFTBALL INC.

DATED: ________

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00091753.1 Page | 1

SECOND AMENDMENT
This Second Amendment to the License Agreement (“Second Amendment”) for use of Brubaker Park Baseball Complex is made and entered into as of this ___ day of _________, 2026, by and between the City of Hemet ("City"), a California municipal corporation and Hemet Little League Baseball & Softball Inc., a California nonprofit corporation ("Licensee"). City and Licensee are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, City and Licensee entered into an agreement entitled "License Agreement for Use of Brubaker Park Baseball Complex" dated February 26, 2024 ("Agreement"), as amended by the First Amendment to Agreement dated March 26, 2025 ("First Amendment"), for the purpose of the Licensee to exclusively use Brubaker Park Baseball Complex.

WHEREAS, pursuant to Section 19 of the Agreement, the Parties desire to amend the Agreement to authorize Licensee to engage outside food vendors to provide additional food service options at the Premises during (i) tournaments hosted or sanctioned by Licensee; (ii) league game days on Saturdays during Spring and Fall season play; and (iii) other events that qualify as city-sponsored or city-permitted special events as defined in Hemet Municipal Code Section 18-601.

WHEREAS, the City has adopted regulations governing food trucks and food vendors in its Municipal Code, including Section 18-608, which establishes operating conditions and permit requirements for mobile food vendors.

WHEREAS, Hemet Municipal Code Section 18-608(h) prohibits food truck operators from operating within one block of a park except when approved by the City in conjunction with a special event, and the Parties desire to create an authorization for Licensee to engage food vendors at the Premises in compliance with this exception.

WHEREAS, this Second Amendment will add a new section to the Agreement authorizing Licensee to engage a limited number of outside food vendors, subject to specified conditions and requirements.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [AUTHORIZED FOOD VENDORS]. A new Section 16 is hereby added to the Agreement as follows:

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00091753.1 Page | 2
“Section 16. Authorized Food Vendors.
(a) Authorization. Notwithstanding Hemet Municipal Code Section 18- 608(h) which prohibits food truck operators from operating within one block of a park, Licensee is hereby authorized to engage outside food vendors ("Authorized Vendors") to provide food and beverage service at the Premises during the following activities ("Qualifying Events"), subject to the terms and conditions set forth in this Section:
(i) Tournaments hosted or sanctioned by Licensee;
(ii) League game days on Saturdays during Spring and Fall season play; and
(iii) Other events that qualify as city-sponsored or city-permitted special events under Hemet Municipal Code Section 18-601. (b) Limitations on Number . Licensee may engage no more than five (5) Authorized Vendors to operate at the Premises at any one time. For purposes of this limitation, "at any one time" means the total number of Authorized Vendors present and operating simultaneously at the Premises during any given day.
(c) Permit and Licensing Requirements. All Authorized Vendors must maintain and provide proof of the following to Licensee prior to operating at the Premises:
(i) A valid City of Hemet food truck permit;
(ii) A valid City of Hemet business license;
(iii) All applicable and valid permits, licenses, and certifications required by Riverside County Department of Environmental Health, including but not limited to retail food facility permits and health permits; and (iv) Any other permits, licenses, or certifications required by applicable federal, state, or local law for the operation of mobile food vending.

Licensee shall verify that each Authorized Vendor possesses all required permits and licenses before allowing such vendor to operate at the Premises, and shall maintain copies of all such documentation. Licensee shall provide copies of all Authorized Vendor permits and licenses to City upon request.
(d) Compliance with Municipal Code and Laws . All Authorized Vendors shall comply with all applicable provisions of the Hemet Municipal Code, including but not limited to Hemet Municipal Code Section 18-608 regarding operating conditions for food trucks, to the extent such provisions are applicable to operations on the Premises. All Authorized

22.B.

00091753.1 Page | 3
Vendors shall also comply with all applicable federal, state, and local laws, regulations, and ordinances.
(e) Supplemental Nature. Authorized Vendors shall provide food and beverage items that supplement, rather than directly compete with, the offerings of Licensee's existing snack bar operations. Authorized Vendors may offer specialty items such as kettle corn, ice cream, and other products not typically sold by the snack bar.
(f) Financial Reporting and Event Documentation. Licensee shall document and report all revenue received from or generated by Authorized Vendors in the quarterly financial reports required pursuant to Section 7(a) of the Agreement. Such reporting shall include:
(i) The names and business information of all Authorized Vendors that operated at the Premises during the reporting period;
(ii) The dates and times that each Authorized Vendor operated at the Premises;
(iii) A detailed accounting of all revenue, fees, commissions, rent payments, profit-sharing arrangements, or any other form of compensation or financial benefit received by Licensee from or related to Authorized Vendors; and
(iv) Any other information reasonably requested by City related to Authorized Vendor operations and financial arrangements.

All revenue received by Licensee from Authorized Vendors, including but not limited to vendor fees, commissions, or profit-sharing payments, shall be included in the calculation of net revenue for purposes of determining any payments owed to City pursuant to Section 7 of the Agreement. (g) Liability and Indemnification. Licensee shall ensure that each Authorized Vendor maintains commercial general liability insurance with minimum coverage amounts as may be required by City's Risk Manager. Licensee shall require each Authorized Vendor to name City as an additional insured on such policies. Licensee shall obtain and maintain certificates of insurance from all Authorized Vendors and provide copies to City upon request. Licensee acknowledges and agrees that Licensee remains fully responsible and liable to City for all activities of Authorized Vendors at the Premises, and the indemnification provisions set forth in Section 11 of the Agreement shall apply to all claims arising from or related to Authorized Vendor operations.
(h) City's Right to Disapprove. City reserves the right to disapprove any Authorized Vendor for reasonable cause, including but not limited to

22.B.

00091753.1 Page | 4
failure to maintain required permits or licenses, violations of applicable laws or regulations, complaints from park users, or any conduct that reflects negatively on City or creates a public nuisance. City shall provide written notice of any such disapproval to Licensee, and Licensee shall immediately terminate the operations of any disapproved vendor at the Premises.
(i) No Waiver of City Regulations. This authorization does not constitute a waiver of any City regulations, policies, or permit requirements. All Authorized Vendors must obtain and maintain all required City permits and approvals independent of this Agreement. This authorization is personal to Licensee and may not be transferred or assigned to any third party.
(j) Revocation . City reserves the right to revoke or modify this authorization at any time upon thirty (30) days written notice to Licensee if City determines, in its sole discretion, that Authorized Vendor operations are creating problems, complaints, or conflicts with City policies or the public interest, or if Licensee allows Authorized Vendors to operate outside of qualifying special events as defined in this Section.
(k) Seasonal Schedule and Vendor Notice. Licensee shall submit to City a complete schedule of all planned Qualifying Events at least thirty (30) days prior to the commencement of each season ("Seasonal Schedule").

The Seasonal Schedule shall include: (i) the dates and times of all tournaments and special events; (ii) the expected number of participants and spectators for each event; (iii) identification of which events Licensee plans to engage Authorized Vendors; and (iv) any other information reasonably requested by City. Licensee shall notify City in writing of any material changes to the Seasonal Schedule at least ten (10) days prior to the scheduled event, or as soon as reasonably practicable in case of unforeseen circumstances. City shall review the Seasonal Schedule and notify Licensee of any conflicts or concerns within fifteen (15) days of receipt.

2. RENUMBERING. All sections of the Agreement subsequent to the new Section 16 shall be renumbered accordingly, and all cross-references within the Agreement shall be deemed to refer to the renumbered sections.

22.B.

00091753.1 Page | 5

3. R EMAINDER UNCHANGED. Notwithstanding any amendment or modification made pursuant to this Second Amendment, all terms, conditions, and provisions of the original agreement, not explicitly modified or excluded herein, shall remain in full force and effect. The Parties hereby agree that this Second Amendment shall serve to revive any clause of the original agreement that may have lapsed or been suspended prior to this Second Amendment, ensuring their full enforceability in accordance with their original terms, except as expressly modified or excluded by this Second Amendment.

Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4. INTEGRATION. This Second Amendment consists of pages 1 through ___, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Second Amendment.

5. S EVERABILITY. If any portion of this Second Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6. E FFECTIVE DATE. This Second Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Lessee and Lessor.

7. A PPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.

8. R EFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.
[S
IGNATURE PAGE FOLLOWS]

22.B.

00091753.1 Page | 6
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

CITY OF HEMET (“LESSEE”)
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven P. Graham, City Attorney
Hemet Little League Baseball & Softball Inc.,
By:

Its:

22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

LICENSE AGREEMENT FOR USE OF

BRUBAKER PARK BASEBALL COMPLEX

This LICENSE AGREEMENT is entered into this 26th day of, February 2024, by and between the City of Hemet, State of California ("City"), and HEMET LITTLE LEAGUE BASEBALL & SOFTBALL INC., a California ŶŽŶƉƌŽĮƚĐŽƌƉŽƌĂƟŽŶ ;Η>ŝĐĞŶƐĞĞΗͿ͘

RECITALS

A. City is the owner of nine (9) baseball diamonds ͕ůŽĐĂƚĞĚŝŶ the Brubaker Park Baseball Complex ĂŶĚĐŽŵŵŽŶůLJŬŶŽǁŶĂƐBrubaker Park͕ĂƐĚĞƐĐƌŝďĞĚŵŽƌĞĨƵůůLJďĞůŽǁ and illustrated in Figure 1.

B. >ŝĐĞŶƐĞĞŝƐĂƋƵĂůŝĮĞĚ^ƉŽƌƚƐDĂŶĂŐĞŵĞŶƚĮƌŵǁŝƚŚƐƉĞĐŝĮĐĞdžƉĞƌƟƐĞ͕ŽƌƚŚĂƚŚĂƐĚĞŵŽŶƐƚƌĂƚĞĚ ƚŚĞ ĂďŝůŝƚLJ ƚŽ ĐŽŶƚƌĂĐƚ ǁŝƚŚ Ăn ĞŶƟƚLJ ǁŝƚŚ ƐƉĞĐŝĮĐ ĞdžƉĞƌƟƐĞ͕ ŝŶ ƚŚĞ ĂƌĞĂƐ Žf Baseball Complex KƉĞƌĂƟŽŶƐ͕ŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͗&ŝĞůĚ
ŶŚĂŶĐĞŵĞŶƚĂŶĚ &ŝŶĂůWƌĞƉĂƌĂƟŽŶĨŽƌhƐĞ͕&ŝĞůĚ
DĂŝŶƚĞŶĂŶĐĞ͕ ŽŶĐĞƐƐŝŽŶĂŝƌĞ KƉĞƌĂƟŽŶƐ͕ &ŝĞůĚ DĂŶĂŐĞŵĞŶƚ ĂŶĚ ^ĐŚĞĚƵůŝŶŐ͕ DĂƌŬĞƟŶŐ ĂŶĚ WƌŽŵŽƟŽŶ͕ĂŶĚĂƉŝƚĂů Improvements.

C. >ŝĐĞŶƐĞĞ ŚĂƐ ĐŽŶĚƵĐƚĞĚ ďĂƐĞďĂůů ƉƌŽŐƌĂŵƐ ǁŝƚŚ ǀĂƌLJŝŶŐ ĚŝīĞƌĞŶƚƉĂƌƚŶĞƌƐŚŝƉƐ ǁŝƚŚ ƚŚĞ ŝƟĞƐ ƚŚƌŽƵŐŚŽƵƚĂůŝĨŽƌŶŝĂŝƐƚƌŝĐƚϮϴ>ŝƩůĞ>ĞĂŐƵĞƐƉĞĐŝĮĐĂůůLJŽǀĞƌƐĞĞŝŶŐƚŚĞƐĞǀĞŶůĞĂŐƵĞƐŝŶCanyon Lake, Lake Elsinore, Menifee Valley, Murrieta, dĞŵĞĐƵůĂ͕dĞŵĞƐĐĂůsĂůůĞLJĂŶĚtŝůĚŽŵĂƌ ͘

D. ŝƚLJĂŶĚ>ŝĐĞŶƐĞĞĞĂĐŚ ĚĞƐŝƌĞƚŚĂƚ>ŝĐĞŶƐĞĞ ĐŽŶĚƵĐƚŝƚƐƉƌŽŐƌĂŵ Ă ƚ the Brubaker Park Baseball ŽŵƉůĞdžůŽĐĂƚĞĚĂƚƌƵďĂŬĞƌWĂƌŬ ĂƚƚŚĞŝŶƚĞƌƐĞĐƟŽŶŽĨĂǁƐƚŽŶǀĞŶƵĞĂŶĚDƵƐƚĂŶŐtĂLJ͘

E. ŝƚLJĂŶĚ>ŝĐĞŶƐĞĞĞĂĐŚĚĞƐŝƌĞĂŶĞǁĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞŵƐĞƫŶ ŐĨŽƌƚŚŝŶƐƉĞĐŝĮĐƚĞƌŵƐƚŚĞ ĐŝƌĐƵŵƐƚĂŶĐĞƐƵŶĚĞƌǁŚŝĐŚ>ŝĐĞŶƐĞĞŵĂLJƵƐĞ the Brubaker Park Baseball Complex responsibility ĨŽƌŵĂŝŶƚĞŶĂŶĐĞŽĨƚŚĞƉƌĞŵŝƐĞƐ͕ƌĞƐƉŽŶƐŝďŝůŝƚLJĨŽƌƚŚĞĐŽƐƚƐƌ ĞůĂƚĞd to the use of the premises ĂŶĚƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐƵŶĚĞƌǁŚŝĐŚ>ŝĐĞŶƐĞĞŵĂLJŵĂŬĞĐĂƉŝƚĂůŝŵƉƌŽǀĞŵĞŶƚƐƚŽƚŚĞƉƌĞŵŝƐĞƐ͘

AGREEMENT

NOW, THEREFORE, THE PARTIES HERE TO AGREE AS FOLLOWS͗

1) Premises Licensed. dŚĞĨŽůůŽǁŝŶŐŝƐƚŚĞWƌĞŵŝƐĞƐƚŚĂƚŝƐƚŚĞƐƵďũĞĐƚŽĨƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ͗

a) Brubaker Park Baseball Complex ůŽĐĂƚĞĚat ƌƵďĂŬĞƌWĂƌŬ;ĂƚƚŚĞŝŶƚĞƌƐĞĐƟŽŶŽĨĂǁƐƚŽŶAvenue ĂŶĚDƵƐƚĂŶŐtĂLJͿ ĐŽŶƐŝƐƟŶŐŽĨ ƚŚĞĚĞƐĐƌŝďĞĚĂƌĞĂƐďĞůŽǁĂŶĚƐŚŽǁŶŝŶ&ŝŐƵƌĞϭ͗

i) Nine (9) baseball diamonds͕ŝŶĐůƵĚŝŶŐŝŶĮĞůĚĂŶĚŽƵƞield grass, and dirt;

ii) dǁŽ;ϮͿĚĞĚŝĐĂƚĞĚƉĂƌŬŝŶŐĂƌĞĂƐĂĚũĂĐĞŶƚƚŽƚŚĞďĂůůĮĞůĚƐ;

iii) ĚĚŝƟŽŶĂůParking ĂƚƚŚĞǁĞƐƚƉĂƌŬŝŶŐĂƌĞĂĂŶĚĂůŽŶŐĂǁƐƚŽŶǀĞŶƵĞĂŶĚDƵƐƚĂŶŐtĂLJ; 




 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

iv) Full-ƐĞƌǀŝĐĞĐŽŶĐĞƐƐŝŽŶĂŝƌĞďƵŝůĚŝŶŐ;

v) Restroom ĨĂĐŝůŝƟĞƐ ůŽĐĂƚĞĚĂƚƚŚĞĐŽŶĐĞƐƐŝŽŶďƵŝůĚŝŶŐ;

vi) KƵƚĚŽŽƌƉŝĐŶŝĐĂƌĞĂƐ͖
vii) ĂƫŶŐĐĂŐĞƐ͖
viii) ůĞĂĐŚĞƌƐ͖ĂŶĚ
ix) Team support areas and dugouts.

2) Licensed Use of Premises ͘ >ŝĐĞŶƐĞĞ ƐŚĂůů ďĞ ĞŶƟƚůĞĚ ƚŽ ĞdžĐůƵƐŝǀĞůLJ ƵƐĞ ƚŚĞ WƌĞŵŝƐĞƐ͕ ĞdžĐĞƉƚ the parking lot ǁŚŝĐŚis ŽƉĞŶƚŽƚŚĞƉƵďůŝĐĂƚůĂƌŐĞ͕ĚƵƌŝŶŐƚŚĞĨŽůůŽǁŝŶŐĚĂLJƐͬƟŵĞƐ͗

a) &ƵůůƟŵĞƵƐĞ Sunday through Saturday (seven days per week) 24 hours per day, seven days per week, 12 months per year.

b) EŽƚǁŝƚŚƐƚĂŶĚŝŶŐ ƚŚĞ ĞdžĐůƵƐŝǀĞ ƌŝŐŚƚ ƚŽ ƵƐĞ ƚŚĞ WƌĞŵŝƐĞƐ ĚƵƌŝŶŐƐƉĞĐŝĮed periods as set forth herein, City retains the right to enter the Premises Ă ƚ Ă Ŷ LJ Ɵ ŵ Ğ Ɛ Ž ů Ž Ŷ Ő Ă Ɛ ƚ Ś Ğ Ğ Ŷ ƚ ƌ LJ Ě Ž Ğ Ɛ Ŷ Žt ƵŶƌĞĂƐŽŶĂďůLJ ŝŶƚĞƌĨĞƌĞ ǁŝƚŚ >ŝĐĞŶƐĞĞΖƐ ƵƐĞ ŽĨ ƚŚĞ WƌĞŵŝƐĞƐ͘ ŝƚLJ ƌ Ğ Ɛ Ğ ƌ ǀ Ğ Ɛ ƚ Ś Ğ ƌ ŝ Ő Ś ƚ ƚ Ž Ğ Ŷ ƚ Ğ ƌ  WƌĞŵŝƐĞƐĂƚĂŶLJƟŵĞĨŽƌĞŵĞƌŐĞŶĐŝĞƐ͘

3) Term of License. Unless terminated pursuant to the terms of this Agreement, ƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ shall expire on June 30, 2029͘dŚĞƚĞƌŵŽĨƚŚŝƐ>ŝĐĞŶƐĞŵĂLJďĞĞdžƚĞŶĚĞĚĨŽƌ a subsequent ĮǀĞ;ϱͿLJĞĂƌ ƉĞƌŝŽĚƵƉŽŶƌĞƋƵĞƐƚďLJƚŚĞ>ŝĐĞŶƐĞĞŽŶŽƌďĞĨŽƌĞ February 1, 2029 ĂŶĚĂƉƉƌŽǀĂůďLJƚŚĞŝƚLJŽƵŶĐŝů ƉƌŝŽƌƚŽĞdžƉŝƌĂƟŽŶ͘

4) Maintenance. >ŝĐĞŶƐĞĞƐŚĂůůďĞĨƵůůLJƌĞƐƉŽŶƐŝďůĞĨŽƌŵĂŝŶƚĂŝŶŝŶŐƚŚĞWƌĞŵŝƐĞƐ as ĚĞƐĐƌŝďĞĚĂďŽǀĞĂŶĚ ƐŚŽǁŶ ŝŶ ĂƩĂĐŚĞĚ &ŝŐƵƌĞ ϭ. >ŝĐĞŶƐĞĞ ƐŚĂůů ƉŝĐŬ ƵƉ ĂŶĚ ĚŝƐƉŽƐĞ ŽĨ ůŝƩĞƌ͕ ƚƌĂƐŚ Žƌ ƌĞĐLJĐůĂďůĞƐ ŝŶ ƚŚĞ ƌĞƐƚƌŽŽŵƐĂŶĚƉĂƌŬŝŶŐĂƌĞĂƐĚƵƌŝŶŐƚŚĞŚŽƵƌƐŽĨĞdžĐůƵƐŝǀĞƵƐĞŽĨƚŚĞWƌĞŵŝƐĞƐĂƐĚĞƐĐƌŝďĞĚŝŶ^ĞĐƟŽŶ ϮĂďŽǀĞ͘dŚŝƐŵĂŝŶƚĞŶĂŶĐĞƐŚĂůůŝŶĐůƵĚĞďƵƚŝƐŶŽƚůŝŵŝƚĞĚƚŽ͗ ŵĂŝŶƚĞŶĂŶĐĞŽĨƚŚĞďĂůůĮĞůĚƐƚŽŵĞĞƚ appropriate play standards for va
ƌŝŽƵƐůĞǀĞůƐŽĨďĂƐĞďĂůů͖ƚƵƌĨĂŶĚĐůĂLJƐƵƌĨĂĐĞŵĂŝŶƚĞŶĂŶĐĞ͖ŵŽ ǁŝŶŐ ĂŶĚĐůĞĂŶŝŶŐŽĨƐƵƌƌŽƵŶĚŝŶŐŶŽŶ-ƉůĂLJĂƌĞĂƐ͖ĐůĞĂŶŝŶŐ͕ƐƚŽĐŬŝŶŐ͕ĂŶĚŽǀĞƌƐŝŐŚƚŽĨƚŚĞƌĞƐƚƌŽŽŵĨĂĐŝůŝƟĞƐ͖ ĂŶĚ ĐůĞĂŶŝŶŐ ĂŶĚ ŵĂŝŶƚĞŶĂŶĐĞ ŽĨ ƐƉĞĐƚĂƚŽƌ ƵƐĞ ĂƌĞĂƐ ƐƵĐŚ ĂƐ ƉĂƌŬŝŶŐ ĂƌĞĂƐ͕ ǁĂůŬǁĂLJƐ͕ ďůĞĂĐŚĞƌƐ͕ ƉŝĐŶŝĐĂƌĞĂƐ͕ĂŶĚƚĞĂŵƐƵƉƉŽƌƚĂƌĞĂƐŝŶĐůƵĚŝŶŐďĂƫŶŐĐĂŐĞƐ͕ĚƵŐŽƵƚƐ͕ĂŶĚŽƚŚĞƌĨĂĐŝůŝƟĞƐ. The City of Hemet shall provide parking lot ƐǁĞĞƉŝŶŐ ƐĞƌǀŝĐĞƐ monthly ǁŝƚŚ ĂĚĚŝƟŽŶĂů ƐǁĞĞƉŝŶŐ ĂƌƌĂŶŐĞĚ through the City when required. The ŬŝƚĐŚĞŶ and dining areas ƐŚĂůů ďĞ ŵĂŝŶƚĂŝŶĞĚ ŝŶ Ă ĐůĞĂŶ ĂŶĚ sanitary ĐŽŶĚŝƟŽŶ ĂŶĚ ƐŚĂůů ĐŽŵƉůLJ ǁŝƚŚ Ăůů ƌĞŐƵůĂƟŽŶƐ ƌĞŐĂƌĚŝŶŐ ĨŽŽĚ ƐĞƌǀŝĐĞ͘ >ŝĐĞŶƐĞĞ ƐŚĂůů ďĞ ƌĞƐƉŽŶƐŝďůĞĨŽƌƉƌŽǀŝĚŝŶŐĂŶĚŵĂŝŶƚĂŝŶŝŶŐĂĚĞƋƵĂƚĞƐŽůŝĚǁĂƐƚĞĂŶĚƌĞĐLJĐůŝŶŐƌĞĐĞƉƚĂĐůĞƐƚŚƌŽƵŐŚŽƵƚ ƚŚĞ ĐŽŵƉůĞdž͕ ĂŶĚ ƐŚĂůů ĞŶƐƵƌĞ ƚŚĂƚ Ăůů ƌĞĐĞƉƚĂĐůĞƐ ĂƌĞ ƐĞƌǀŝĐĞd ĂŌĞƌ ĞĂĐŚ ĚĂLJ ŽĨ ƉůĂLJ͕ ŝŶĐůƵĚŝŶŐ ŝŶƐƚĂůůĂƟŽŶŽĨŶĞǁůŝŶĞƐ͘ZĞĐĞƉƚĂĐůĞƐƐŚĂůůďĞŝŶƐƉĞĐƚĞĚǁĞĞŬůLJ ĂŶĚŬĞƉƚĐůĞĂŶŽĨĂůů liquids and odor ĐĂƵƐŝŶŐ ĞůĞŵĞŶƚƐ͘City shall have the right to approve any ǀĞŶĚŽƌ ƵƐĞĚ ďLJ >ŝĐĞŶƐĞĞ ĨŽƌ ůĂŶĚƐĐĂƉĞ 




 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

ŵĂŝŶƚĞŶĂŶĐĞ͘>ŝĐĞŶƐĞĞƐŚĂůůƐƵďŵŝƚŝŶĨŽƌŵĂƟŽŶĂďŽƵƚĂŶLJƉƌŽƉŽƐĞ ĚůĂŶĚƐĐĂƉĞŵĂŝŶƚĞŶĂŶĐĞǀĞŶĚŽƌ ŶŽƚůĞƐƐƚŚĂŶϲϬĚĂLJƐƉƌŝŽƌƚŽĐŚĂŶŐŝŶŐůĂŶĚƐĐĂƉĞŵĂŝŶƚĞŶĂŶĐĞĐŽŵƉĂŶŝĞƐ͘

ϱͿ Capital Improvements and Repairs.

a) >ŝĐĞŶƐĞĞƐŚĂůů ŶŽƚƵŶĚĞƌƚĂŬĞĂŶLJĐĂƉŝƚĂůƌĞƉĂŝƌƐŽƌŝŵƉƌŽǀĞŵĞŶƚƐƚŽƚŚĞWƌĞŵŝƐ ĞƐǁŝƚŚŽƵƚĮƌ Ɛƚ ŽďƚĂŝŶŝŶŐƚŚĞǁƌŝƩĞŶĐŽŶƐĞŶƚŽĨŝƚLJĂŶĚǁŝƚŚŽƵƚŽďƚĂŝŶŝŶŐĂůůƉĞƌŵŝƚƐĂŶĚĂƉƉƌŽǀĂůƐĂƐƌĞƋƵŝƌĞĚ ďLJŝƚLJŽĚĞ͕ƉŽůŝĐŝĞƐĂŶĚŐƵŝĚĞůŝŶĞƐ͕ŽƌĂƐŽƚŚĞƌǁŝƐĞƌĞƋƵŝƌĞĚďLJůĂǁ͘

b) ShouůĚŝƚďĞĐŽŵĞŶĞĐĞƐƐĂƌLJƚŽŵĂŬĞĂŶLJĐĂƉŝƚĂůƌĞƉĂŝƌƐŽƌŝŵƉƌŽǀĞŵĞŶƚƐƚŽƚŚĞĐŽŵŵŽŶďƵŝůĚŝŶŐƐ ;ƌĞƐƚƌŽŽŵƐͬƐŶĂĐŬ ƐŚĂĐŬͿ ŽĨ ƚŚĞ WƌĞŵŝƐĞƐ͕ ŝŶĐůƵĚŝŶŐ ƌŽŽĨ Žƌ ƉůƵŵď ŝ Ŷ Ő ƌ Ğ Ɖ Ă ŝ ƌ Ɛ Ž ƌ ƌ Ğ Ɖ ů Ă Đ Ğ ŵ Ğ Ŷ ƚ ͕  >ŝĐĞŶƐĞĞƐŚĂůůƉĂLJŝƚƐƉƌŽƉŽƌƟŽŶĂůƐŚĂƌĞŽĨƚŚŽƐĞĐŽƐƚƐǁŚŝĐŚŝƐŚĞƌĞďLJagreed ƚŽďĞĮŌLJƉĞƌĐĞŶƚ ;ϱϬйͿ͕ďƵƚƐŚĂůůŶŽƚĞdžĐĞĞĚĂƚŽƚĂůŽĨƚǁĞŶƚLJ-ĮǀĞƚŚŽƵƐĂŶĚĚŽůůĂƌƐ ;ΨϮϱ͕ϬϬϬͿŽǀĞƌƚŚĞŝŶŝƟĂůƚĞƌŵ ŽĨƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ͘/ŶƚŚĞĞǀĞŶƚƚŚĂƚƚŚĞĐŽƐƚŽĨĂŶLJĐĂƉŝƚĂůƌĞƉĂŝƌŽƌŝŵƉƌŽǀĞŵĞŶƚĞdžĐĞĞĚƐ ĮǀĞƚŚŽƵƐĂŶĚĚŽůůĂƌƐ;Ψϱ͕ϬϬϬͿ͕>ŝĐĞŶƐĞĞŵĂLJŵĂŬĞƉĞƌŝŽĚŝĐƉĂLJŵĞŶƚƐŽĨƚŚĞĂŵŽƵŶƚŝŶĞdžĐĞƐƐŽĨ ĮǀĞƚŚŽƵƐĂŶĚĚŽůůĂƌƐ ;Ψϱ͕ϬϬϬͿŽǀĞƌƚŚĞƌĞŵĂŝŶŝŶŐŝŶŝƟĂů ƚĞƌŵŽĨ ƚŚŝƐ>ŝĐĞŶƐĞ ŐƌĞĞŵĞŶƚ͘/ŶŶŽ ĞǀĞŶƚƐŚĂůůĂŶLJƉĞƌŝŽĚŝĐƉĂLJŵĞŶƚďĞŵĂĚĞŝŶĂŶĂŵŽƵŶƚůĞƐƐƚŚĂŶ ĮǀĞƚŚŽƵƐĂŶĚĚŽůůĂƌƐ;Ψϱ͕ϬϬϬͿ ƉĞƌLJĞĂƌ ͘dŚĞŶĞĐĞƐƐŝƚLJŽĨƐƵĐŚƌĞƉĂŝƌƐŽƌƌĞƉůĂĐĞŵĞŶƚƐƐŚĂůůďĞĚĞƚĞƌŵŝŶĞĚĂƚƚŚĞƐŽůĞĚŝƐĐƌĞƟŽŶ of City, ǁŚŝĐŚ ƐŚĂůůƉƌŽǀŝĚĞ>ŝĐĞŶƐĞĞǁŝƚŚƐŝdžƚLJ;ϲϬͿĚĂLJƐǁƌŝƩĞŶŶŽƟĐĞŽĨŝƚƐ ŝŶƚĞŶƚƚŽƵŶĚĞƌƚĂŬĞ any ƐƵĐŚƉƌŽũĞĐƚ͘ŝƚLJƐŚĂůůŵĂŬĞĂůůƌĞĂƐŽŶĂďůĞĞīŽƌƚƐ ƚŽƐĐŚĞĚƵůĞƌĞƉĂŝƌƐĂŶĚƌĞƉůĂĐĞŵĞŶƚƐĂƚ ĚĂƚĞƐĂŶĚƟŵĞƐƚŚĂƚǁŝůůŵŝŶŝŵŝnjĞŝŵƉĂĐƚŽŶ>ŝĐĞŶƐĞĞΖƐŽƉĞƌĂƟŽŶƐ͕ǁŚŝĐŚƐŚĂůůŝŶĐůƵĚĞĐŽŶƐƵůƟŶŐ ǁŝƚŚ>ŝĐĞŶƐĞĞƉƌŝŽƌ ƚŽƐĐŚĞĚƵůŝŶŐĂŶLJƐƵĐŚǁŽƌŬ͘>ŝĐĞŶƐĞĞƐŚĂůů  ĐŽŽƉĞƌĂƚĞ to the fullest extent reasonable with CityΖƐĞīŽƌƚƐƚŽĐŽŵƉůĞƚĞƌĞƉĂŝƌƐŽƌ ƌĞƉůĂĐĞŵĞŶƚƐ͘ City ƐŚĂůůŝŶǀŽŝĐĞ>ŝĐĞŶƐĞĞĨŽƌ ŝƚƐƐŚĂƌĞŽĨƌĞƉĂŝƌŽƌƌĞƉůĂĐĞŵĞŶƚĐŽƐƚƐ͕ǁŚŝĐŚƐŚĂůůďĞƉĂŝĚďLJ>ŝĐĞŶƐĞĞǁŝƚŚŝŶƚŚŝƌƚLJ;ϯϬͿĚĂLJƐŽĨ ƚŚĞŝŶǀŽŝĐĞĚĂƚĞ͘

ĐͿ /ŶŶŽĞǀĞŶƚƐŚĂůůŝƚLJďĞƌĞƐƉŽŶƐŝďůĞĨŽƌƚŚĞĐŽƐƚŽĨĂŶLJĐĂƉŝƚ ĂůŝŵƉƌŽǀĞŵĞŶƚƐŽƌƌĞƉĂŝƌƐƚŽƚŚĞ Premises other ƚŚĂŶ ƚŽ ƚŚĞ ĐŽŵŵŽŶ buildings ĂƐ ĚĞƐĐƌŝďĞĚ herein. >ŝĐĞŶƐĞĞ shall be solely responsible for all damage to the Premises or other properƚLJ͕ǁŚĞƚŚĞƌƌĞĂůŽƌƉĞƌƐŽŶĂů͕ŝŶĐůƵĚŝŶŐ ďƌŽŬĞŶŐůĂƐƐ͕ƌĞƐƵůƟŶŐŝŶĂŶLJǁĂLJĨƌŽŵ>ŝĐĞŶƐĞĞΖƐƵƐĞŽĨƚŚĞWƌĞŵŝƐĞƐ͘>ŝĐĞŶƐĞĞƐŚĂůůƌĞƉŽƌƚƚŽŝƚLJ ƚŚĞŽĐĐƵƌƌĞŶĐĞŽĨĂůůƐƵĐŚĚĂŵĂŐĞǁŝƚŚŝŶƚǁĞŶƚLJ -four (24) hours of ŽĐĐƵƌƌĞŶĐĞ or knowledge by L
ŝĐĞŶƐĞĞ͕ Žƌ͕ ŝŶ ƚŚĞ ĐĂƐĞ ŽĨ ĚĂŵĂŐĞ ŽĐĐƵƌƌŝŶŐ ďĞƚǁĞĞŶ ϱ͗ϬϬ Ɖ͘ŵ͘ŽŶ &ƌŝĚĂLJ ƚŚƌŽƵŐŚ ĚƵƐŬthe ĨŽůůŽǁŝŶŐ ^ĂƚƵƌĚĂLJ͕ ďLJ ŶŽ ůĂƚĞƌ ƚŚĂŶ ϵ͗ϬϬ Ă͘ŵ͘ ƚŚĞ ĨŽůůŽǁŝŶŐ DŽŶĚĂLJ͘ >ŝĐĞŶƐĞĞ ƐŚĂůů ŶŽƚ ďĞ responsible for any damage to the Premises that ŽĐĐƵƌƐ not ƌĞůĂƚĞĚŝŶĂŶLJŵĂŶŶĞƌĨƌŽŵ>ŝĐĞŶƐĞĞΖƐ use of the Premises. ŝƚLJƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽŝŶƐƉĞĐƚƚŚĞWƌĞŵŝƐĞƐĨŽƌĚĂŵĂŐĞƐƉĞƌŝŽĚŝĐĂůůLJ͕ ǁŝƚŚƌĞĂƐŽŶĂďůĞŶŽƟĐĞƚŽ>ŝĐĞŶƐĞĞ.

d) ŶLJĐĂƉŝƚĂůŝŵƉƌŽǀĞŵĞŶƚƐŽƌƌĞƉĂŝƌƐ͕ǁŚĞƚŚĞƌƵŶĚĞƌƚĂŬĞŶŽƌƉĂŝĚ ĨŽƌŝŶǁŚŽůĞŽƌŝŶƉĂƌƚďLJŝƚLJ Žƌ>ŝĐĞŶƐĞĞ͕ƐŚĂůůďĞƚŚĞƐŽůĞƉƌŽƉĞƌƚLJŽĨŝƚLJĂŶĚƐŚĂůůƌĞŵĂŝŶ with the Premises upon ĞdžƉŝƌĂƟŽŶ ŽƌƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐ>ŝĐĞŶƐĞ͘

6) hƟůŝƚLJ ŽƐƚƐ͘ >ŝĐĞŶƐĞĞ ƐŚĂůů ƉĂLJ ƚŚĞ ĐŽƐƚƐ ŽĨ ƉƌŽǀŝĚŝŶŐ ǁĂƚĞƌ͕ ƉŽǁĞƌ ĂŶĚ ƐĞǁĞƌ ƐĞƌǀŝĐĞƐ ƚŽ ƚŚĞ Premises. dŚĞ>ŝĐĞŶƐĞĞǁŝůůďĞďŝůůĞĚďLJŝƚLJĨŽƌĞůĞĐƚƌŝĐƵƐĂŐĞƚŚĂƚĞdžĐĞĞĚƐƚŚĞĐƵƌƌĞŶƚůĞǀĞůŽĨƵƐĂŐĞ 




 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

ĚŽĐƵŵĞŶƚĞĚ ǁŝƚŚŽƵƚ ĂŶ ŽƉĞƌĂƚŽƌ ŽĨ ƚŚĞ ďĂƐĞďĂůů ĨĂĐŝůŝƟĞƐ . dŚŝƐ ďĂƐĞůŝŶĞ ĞůĞĐƚƌŝĐŝƚLJ ĐŽƐƚ ǁĂƐ ĞƐƚĂďůŝƐŚĞĚŽǀĞƌ&ŝƐĐĂůzĞĂƌϮϬϮϮͬϮϬϮϯŝŶǁŚŝĐŚƚŚĞĂǀĞƌĂŐĞĞůĞĐƚƌŝĐďŝůůǁĂƐΨϴϰ͘Ϭϳ͘dŚĞŝƚLJǁŝůůďŝůů ƚŚĞ>ŝĐĞŶƐĞĞĨŽƌĐŽƐƚƐŝŶĞdžĐĞƐƐŽĨ $100 per month on a quarterly basis. dŚĞ>ŝĐĞŶƐĞĞ and will pay ϱϱй of the waterͬƐĞǁĞƌ bill for the Park. This amount is based on the total irrigated area that is part of the ďĂƐĞďĂůůĨĂĐŝůŝƚLJĂŶĚƚŚĞĂƌĞĂ that designated for general usage. ƐĂŶŝŶĨŽƌŵĂƟŽŶĂůĞdžĂŵƉůĞ͕ƚŚĞƚŽƚĂů &ŝƐĐĂůzĞĂƌϮϬϮϮͬϮϬϮϯǁĂƚĞƌͬƐĞǁĞƌĐŽƐƚƐǁĞƌĞΨϰϭ͕Ϯϱϳ͘ϱϵǁŝƚŚ ϱϱ йƚŽƚĂůŝŶŐ ΨϮϮ͕ϲϵϭ͘ϲϳ͘ >ŝĐĞŶƐĞĞ shall ďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂůůƵƟůŝƚLJĐŚĂƌŐĞƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚĞĐŽŶĐĞƐƐŝŽŶĂŝƌĞĨĂĐŝůŝƟĞƐ͘

ZĞĨƵƐĞǁŝůůďĞƉŝĐŬĞĚƵƉĨƌŽŵƚŚĞĨĂĐŝůŝƚLJƚǁŝĐĞƉĞƌǁĞĞŬĂŶĚƚ ŚĞƐĞƌǀŝĐĞŝƐƉƌŽǀŝĚĞĚĂƚŶŽĐŚĂƌŐĞƚŽ ƚŚĞ>ŝĐĞŶƐĞĞ͘>ŝĐĞŶƐĞĞŝƐƌĞƋƵŝƌĞĚƚŽŚĂǀĞƚŚĞďŝŶƐŽƵƚŽŶƐĐŚĞĚƵůĞĚƉŝĐŬƵƉĚĂLJƐ͘

ϳͿ Payment. ŌĞƌĂtwo-year establishment period, >ŝĐĞŶƐĞĞƐŚĂůůŵĂŬĞĂn annual payment of Twenty- ĮǀĞ ƉĞƌĐĞŶƚ;ϮϱйͿof net ƌĞǀĞŶƵĞĐŽůůĞĐƚĞĚĨƌŽŵĐŽŶĐĞƐƐŝŽŶƐĂůĞƐĂŶĚƚŽƵƌŶĂŵĞŶƚƌĞǀĞŶƵĞ. The City intends for these payments to ďĞƵƟůŝnjĞĚĨŽƌĞdžƚƌĂŽƌĚŝŶĂƌLJŵĂŝŶƚĞŶĂŶĐĞĂŶĚ ĐĂƉŝƚĂůŝŵƉƌŽǀĞŵĞŶƚs at ƚŚĞĨĂĐŝůŝƚLJ.

dŚĞ>ŝĐĞŶƐĞĞƐŚĂůůƉƌŽǀŝĚĞƚŚĞŝƚLJĂƋƵĂƌƚĞƌůLJƌĞƉŽƌƚŽĨ all ĮŶĂŶĐŝĂůĂĐƟǀŝƟĞƐƌĞůĂƚĞĚƚŽƚŚĞ Brubaker Park Baseball F ĂĐŝůŝƚLJ ĂŶĚ this report must ŝŶĐůƵĚĞ Ă ĚĞƚĂŝůĞĚ ĂĐĐŽƵŶƟŶŐ ŽĨ ƚŚĞ ĐŽŶĐĞƐƐŝŽŶ ĂŶĚ ƚŽƵƌŶĂŵĞŶƚƌĞǀĞŶƵĞƐĂŶĚĞdžƉĞŶƐĞƐ͘dŚĞŝƚLJƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚ ƚŽŝŶƐƉĞĐƚĂŶĚĂƵĚŝƚƚŚĞ>ŝĐĞŶƐĞĞ ’s books.

All payments required pursuant to this Agreement ŽŶ:ƵůLJϭŽĨĞĂĐŚLJĞĂƌƚŚĂƚƐƵĐŚƉĂLJŵĞŶƚƐĂƌĞĚƵĞ͘ ůůƉĂLJŵĞŶƚƐƐŚĂůůďĞŵĂĚĞŝŶƚŚĞĨŽƌŵŽĨĂĐĂƐŚŝĞƌΖƐĐŚĞĐŬŽƌ ŽƚŚĞƌĨŽƌŵŽĨƉĂLJŵĞŶƚƐĂƟƐĨĂĐƚŽƌLJƚŽ ŝƚLJĂŶĚƐŚĂůůƐƉĞĐŝĮĐĂůůLJƌĞĨĞƌĞŶĐĞƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ͘ ůůƉĂLJŵĞŶƚƐƐŚĂůůďĞŵĂŝůĞĚďLJĮƌƐƚĐůĂƐƐ mail or delivered in person ƚŽƚŚĞ&ŝŶĂŶĐĞĞƉĂƌƚŵĞŶƚĂƚŝƚLJ,Ăůů͘

ϴͿ Assignment. >ŝĐĞŶƐĞĞ shall not assign any ƉŽƌƟŽŶ of this >ŝĐĞŶƐĞ͕ or allow any use of the Premises by ĂŶLJ ŽƚŚĞƌ ƉĞƌƐŽŶ Žƌ ĞŶƟƚLJ ĐŽŶƚƌĂƌLJ ƚŽ ƚŚĞ ƚĞƌŵƐ ŽĨ ƚŚŝƐ >ŝĐĞŶƐĞ ŐƌĞĞŵĞŶƚ͕ ǁŝƚŚŽƵƚ ƉƌŝŽƌ ǁƌŝƩĞŶ approval of City. dŚŝƐƉƌŽŚŝďŝƟŽŶ ƐŚĂůůŶŽƚĞdžƚĞŶĚƚŽĂŶLJƉĞƌƐŽŶŽƌĞŶƟƚLJƵƐŝŶŐ the Premises during
ƚŚĞĚĂƚĞƐĂŶĚƟŵĞƐƚŚĂƚƵƐĞŝƐŶŽƚĞdžĐůƵƐŝǀĞƚŽ>ŝĐĞŶƐĞĞ͘

9) Personal Property. Personal ƉƌŽƉĞƌƚLJ ŽĨ >ŝĐĞŶƐĞĞ ƐŚĂůů ďĞ >ŝĐĞŶƐĞĞΖƐ ƐŽůĞ ƌĞƐƉŽŶƐŝďŝůŝƚLJ to ĂĐƋƵŝƌĞ͕ ƌĞƉĂŝƌ͕ƌĞƉůĂĐĞĂŶĚƐƚŽƌĞ͘>ŝĐĞŶƐĞĞƐŚĂůůƌĞŵŽǀĞŝƚƐƉĞƌƐŽŶĂůƉƌŽƉĞƌƚLJĂƚƚŚĞĞdžƉŝƌĂƟŽŶŽƌƚĞƌŵŝŶĂƟŽŶ ŽĨƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ͘ŶLJƉĞƌƐŽŶĂůƉƌŽƉĞƌƚLJŶŽƚƐŽƌĞŵŽǀĞĚ ƐŚĂůůďĞĐŽŵĞƚŚe sole property of City.

10) Insurance. >ŝĐĞŶƐĞĞ ĂŐƌĞĞƐ ƚŽ ŽďƚĂŝŶ ĂŶĚ ŵĂŝŶƚĂŝŶ ŝŶ ĨƵůů ĨŽƌĐĞ ĂŶĚ ĞīĞĐƚ ĚƵƌŝŶŐ ƚŚĞ dĞƌŵ ŽĨ ƚŚŝƐ ŐƌĞĞŵĞŶƚ ƚŚĞ ŝŶƐƵƌĂŶĐĞ ƉŽůŝĐŝĞƐ ƐĞƚ ĨŽƌƚŚ ŝŶ ĚĚĞŶĚƵŵ“1” “/ŶƐƵƌĂŶĐĞ” and made a part of this ŐƌĞĞŵĞŶƚ͘ůůŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐƐŚĂůůďĞƐƵďũĞĐƚƚŽĂƉƉƌŽǀĂů ďLJŝƚLJĂƐƚŽĨŽƌŵĂŶĚĐŽŶƚĞŶƚ͘dŚĞƐĞ ƌĞƋƵŝƌĞŵĞŶƚƐ ĂƌĞ ƐƵďũĞĐƚ ƚŽ ĂŵĞŶĚŵĞŶƚ Žƌ ǁĂŝǀĞƌ ŝĨ ƐŽ ĂƉƉƌŽǀĞĚŝ Ŷ ǁ ƌ ŝ Ɵ Ŷ Ő ď LJ ƚ Ś Ğ  ŝ ƚ LJ D Ă Ŷ Ă Ő Ğ ƌ ͘   >ŝĐĞŶƐĞĞ ĂŐƌĞĞƐƚŽƉƌŽǀŝĚĞŝƚLJǁŝƚŚĐŽƉŝĞƐŽĨƌĞƋƵŝƌĞĚƉŽůŝĐŝĞƐprior to ĐŽŵŵĞŶĐing use of tŚĞĮĞůĚƐ͕ under this agreement. dŚĞůŝĐĞŶƐĞĞƐŚĂůůŶŽƟĨLJƚŚĞŝƚLJŝŶǁƌŝƟŶŐǁŝƚŚŝŶϳĚĂLJƐŽĨĂŶLJŵĂƚĞƌŝĂůĂĚǀĞƌƐĞ ĐŚĂŶŐĞŝŶƚŚĞŝŶƐƵƌĂŶĐĞƐƚĂƚƵƐ͘






 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

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11) Taxes͘>ŝĐĞŶƐĞĞƐŚĂůůƉĂLJƚŽƚŚĞŽƵŶƚLJŽĨRiverside or the State of California any and all taxes that may ďĞĚƵĞĨŽƌƵƐĞĂŶĚŽĐĐƵƉĂŶĐLJŽĨƚŚĞWƌĞŵŝƐĞƐǁŚĞŶƚŚĞƚĂdžĞƐĂƌĞ ĚƵĞ͕ĂŶĚƚŚĞ>ŝĐĞŶƐĞĞƐŚĂůůƉĂLJĂůů Ɖ Ğ ƌ ŵ ŝ ƚ ͕ ŝ Ŷ Ɛ Ɖ Ğ Đ Ɵ Ž Ŷ ͕ Ă Ŷ Ě ů ŝ Đ Ğ Ŷ Ɛ Ğ Ĩ Ğ Ğ Ɛ ͕ Ă Ŷ Ě Ž ƚ Ś Ğ ƌ Ɖ Ƶ ď ů ŝ Đ ĐŚĂƌŐĞƐ or assessments that arise from the >ŝĐĞŶƐĞĞΖƐƵƐĞŽƌŝŵƉƌŽǀĞŵĞŶƚŽĨƚŚĞWƌĞŵŝƐĞƐĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ͘

12) IŶĚĞŵŶŝĮĐĂƟŽŶ. dŽƚŚĞĨƵůůĞƐƚĞdžƚĞŶƚƉĞƌŵŝƩĞĚďLJůĂǁ͕>ŝĐĞŶƐĞĞ ƐŚĂůůŝŶĚĞŵŶŝĨLJ͕ƉƌŽƚĞĐƚ͕ĚĞĨĞŶĚ;ǁŝƚŚ ůĞŐĂůĐŽƵŶƐĞůƌĞĂƐŽŶĂďůLJĂĐĐĞƉƚĂďůĞƚŽŝƚLJͿĂŶĚŚŽůĚŚĂƌŵůĞƐƐŝƚLJĂŶĚĂŶLJĂŶĚĂůůŽĨŝƚƐĞůĞĐƚĞĚĂŶĚ ĂƉƉŽŝŶƚĞĚŽĸĐŝĂůƐ͕ŽĸĐĞƌƐ͕ĞŵƉůŽLJĞĞƐ͕ƌĞƉƌĞƐĞŶƚĂƟǀĞƐĂŶĚĂŐĞŶƚƐ(“/ŶĚĞŵŶŝĮĞĚWĂƌƟĞƐ”) from and ĂŐĂŝŶƐƚ ĂŶLJ ĂŶĚ Ăůů ĐůĂŝŵƐ͕ ĂĐƟŽŶƐ ĂŶĚ ƉƌŽĐĞĞĚŝŶŐƐ ;ǁŚĞƚŚĞƌ ĂƚůĂǁ Žƌ ĞƋƵŝƚLJ͕ ĂĚŵŝŶŝƐƚƌĂƟǀĞ Žƌ ũƵĚŝĐŝĂůͿ͕ĚĞŵĂŶĚƐ͕ŽƌĚĞƌƐ͕ũƵĚŐŵĞŶƚƐ͕ůŽƐƐĞƐ͕ŝŶũƵƌŝĞƐ;ŝŶĐůƵĚŝŶŐ͕ǁŝƚŚŽƵƚůŝŵŝƚĂƟŽŶ͕ŝŶũƵƌLJƚŽŽƌĚĞĂƚŚ of any person ͕ ůŝĂďŝůŝƟĞƐ ŽĨ ĞǀĞƌLJ ŬŝŶĚ ;ŝŶĐůƵĚŝŶŐ͕ ǁŝƚŚŽƵƚ ůŝŵŝƚĂƟŽŶ͕ ŝŶĐŝĚĞŶƚĂů ĂŶĚ ĐŽŶƐĞƋƵĞŶƟĂů ĚĂŵĂŐĞƐ͕ ĐŽƵƌƚ ĐŽƐƚƐ͕ ĂŶĚ ůŝƟŐĂƟŽŶ ĞdžƉĞŶƐĞƐ͕ ĂŶĚ ĨĞĞƐ ŽĨ ĞdžƉĞƌƚĐ Ž Ŷ Ɛ Ƶ ů ƚ Ă Ŷ ƚ Ɛ or expert witnesses ŝŶĐƵƌƌĞĚŝŶĐŽŶŶĞĐƟŽŶƚŚĞƌĞǁŝƚŚĂŶĚĐŽƐƚŽĨŝŶǀĞƐƟŐĂƟŽŶͿ͕ĚĂŵĂŐ ĞƐ͕ĐŽƐƚƐĂŶĚĞdžƉĞŶƐĞƐ͕ŝŶĐůƵĚŝŶŐ ĂƩŽƌŶĞLJ’ƐĨĞĞƐĂŶĚĐŽƐƚƐ͕;ĐŽůůĞĐƟǀĞůLJΗůĂŝŵƐΗͿƚŚĂƚĂƌŝƐĞŽƵƚŽĨ͕ƉĞƌ ƚĂŝŶƚŽ͕ŽƌƌĞůĂƚĞƚŽ͕ĚŝƌĞĐƚůLJŽƌ ŝŶĚŝƌĞĐƚůLJ͕ ŝŶ ǁŚŽůĞ Žƌ ŝŶ ƉĂƌƚ͕ ƚŚĞ ƐƵďũĞĐƚ ŵĂƩĞƌ ŽĨ ƚŚŝƐ ŐƌĞĞŵĞŶƚ. >ŝĐĞŶƐĞĞ’s duty to indemnify, ƉƌŽƚĞĐƚ͕ĚĞĨĞŶĚĂŶĚŚŽůĚŚĂƌŵůĞƐƐ/ŶĚĞŵŶŝĮĞĚWĂƌƟĞƐ͕ƐŚĂůůŶŽƚ ŝŶĐůƵĚĞĂŶLJůĂŝŵƐĂƌŝƐŝŶŐĨƌŽŵƚŚĞ ƐŽůĞŶĞŐůŝŐĞŶĐĞŽƌǁŝůůĨƵůŵŝƐĐŽŶĚƵĐƚŽĨƚŚĞ/ŶĚĞŵŶŝĮĞĚPĂƌƟĞƐ.

13) ĂŵĂŐĞĂŶĚĞƐƚƌƵĐƟŽŶ.

a) ĂŵĂŐĞŽƌĚĞƐƚƌƵĐƟŽŶŽĨĂŶLJƉŽƌƟŽŶŽĨƚŚĞWƌĞŵŝƐĞƐďLJĂŶLJĐĂƵƐĞƐŚĂůůŶŽƚƚĞƌŵŝŶĂƚĞƚŚŝƐ>ŝĐĞŶƐĞ ŐƌĞĞŵĞŶƚŽƌŽƚŚĞƌǁŝƐĞĂīĞĐƚƚŚĞƌĞƐƉĞĐƟǀĞŽďůŝŐĂƟŽŶƐŽĨƚŚĞƚǁŽƉĂƌƟĞƐ͕ĂŶLJƉƌĞƐĞŶƚŽƌĨƵƚƵƌĞ ůĂǁƚŽƚŚĞĐŽŶƚƌĂƌLJŶŽƚǁŝƚŚƐƚĂŶĚŝŶŐ.

b) / Ĩ ď Ğ Đ Ă Ƶ Ɛ Ğ Ž Ĩ ƚ Ś Ğ Ě Ğ Ɛ ƚ ƌ Ƶ Đ Ɵ Ž Ŷ Ž ƌ Ě Ă ŵ Ă Ő Ğ ƚ Ž ƚ Ś Ğ W ƌ Ğ ŵ ŝ Ɛ Ğ Ɛ ͕ ƚ Ś Ğ W ƌ ĞŵŝƐĞƐ ďĞĐŽŵĞƐ ĞŶƟƌĞůLJ ƵŶƐƵŝƚĂďůĞŽƌŝŶĂĚĞƋƵĂƚĞĨŽƌƚŚĞƵƐĞƐƉĞĐŝĮĞĚŚĞƌĞŝŶ͕ the City shall provide a pro rata rebate of the fee paid by the >ŝĐĞŶƐĞĞ͕ ĐĂůĐƵůĂƚĞĚ ďLJ ŵƵůƟƉůLJŝŶŐ ƚŚĞ ĚĂŝůLJ ĨĞĞby the number of days ƌĞŵĂŝŶŝŶŐŽŶƚŚĞƚĞƌŵŽĨƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚĂŌĞƌƚŚĞĚĂƚĞŽ ĨƚŚĞĚĂŵĂŐĞŽƌĚĞƐƚƌƵĐƟŽŶŽĨ the Premises.

ĐͿ hŶĚĞƌ ŶŽ ĐŝƌĐƵŵƐƚĂŶĐĞƐ ĚŽĞƐ ƚŚĞ ŝƚLJ ŚĂǀĞ ĂŶLJ ŽďůŝŐĂƟŽŶ ƚŽ ƉƌŽǀŝĚĞ ƚŚĞ >ŝĐĞŶƐĞĞ ǁŝƚŚ ĂŶ ĂůƚĞƌŶĂƟǀĞƉƌŽƉĞƌƚLJƚŽĐŽŶĚƵĐƚŝƚƐ ŽƉĞƌĂƟŽŶƐ͕ĂŶĚƚŚĞ>ŝĐĞŶƐĞĞŝƐƐŽůĞůLJƌĞƐƉŽŶƐŝďůĞĨŽƌŽďƚĂŝŶŝŶŐ ƐƵĐŚ ŝŶƐƵƌĂŶĐĞ ĂƐ ƚŚĞ >ŝĐĞŶƐĞĞ ĚĞĞŵƐ ĂƉƉƌŽƉƌŝĂƚĞ ƚŽ ƉƌŽƚĞĐƚ ŝƚƐ ŝŶƚĞƌĞƐƚƐ ƐŚŽƵůĚ ĚĂŵĂŐĞ Žƌ ĚĞƐƚƌƵĐƟŽŶƚŽƚŚĞWƌĞŵŝƐĞƐŽĐĐƵƌ ͘

14) Compliance with City Municipal Code͘>ŝĐĞŶƐĞĞƐŚĂůůĐŽŵƉůLJǁŝƚŚ all provisions of the City DƵŶŝĐŝƉĂů Code.

ϭϱͿ dĞƌŵŝŶĂƟŽŶ.

a) >ŝĐĞŶƐĞƐŚĂůůĐŽŶƟŶƵĞŝŶĨƵůůĨŽƌĐĞĂŶĚĞīĞĐƚƵŶůĞƐƐƉƌŝŽƌƚŽ& ĞďƌƵĂƌLJϭst ŽĨĂŶLJĐĂůĞŶĚĂƌLJĞĂƌŽĨ ƚŚĞ>ŝĐĞŶƐĞ͕ĂŶLJWĂƌƚLJƉƌŽǀŝĚĞƐǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌWĂƌƚLJŽĨƚĞƌŵŝŶĂƟŽŶŽĨƚŚĞ>ŝĐĞŶƐĞfor ĐŽŶǀĞŶŝĞŶĐĞĂŶĚ͕ƵƉŽŶƐƵĐŚŶŽƟĐĞ͕ƚŚĞ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚƐŚĂůůƚ ĞƌŵŝŶĂƚĞŽŶ:ƵŶĞϯϬƚŚŽĨƚŚĞ ƐĂŵĞĐĂůĞŶĚĂƌLJĞĂƌ ͘






 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

b) The City ŵĂLJƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚ͕ǁŝƚŚŽƌǁŝƚŚŽƵƚĐĂƵƐĞ͕ and without penalty, ĂƚĂŶLJƟŵĞ by giving at least 30 days ǁƌŝƩĞŶŶŽƟĐĞŽĨƚĞƌŵŝŶĂƟŽŶƚŽ the >ŝĐĞŶƐĞĞ. /ŶƚŚĞĞǀĞŶƚŽĨƚĞƌŵŝŶĂƟŽŶ͕ >ŝĐĞŶƐĞĞƐŚĂůůďĞĞŶƟƚůĞĚ to a refund of any prepaid fees but no other payment.

ĐͿ > ŝ Đ Ğ Ŷ Ɛ Ğ Ğ Ɛ Ś Ă ů ů Ɖ ƌ Ž ŵ Ɖ ƚ ů LJ ƚ Ğ ƌ ŵ ŝ Ŷ Ă ƚ Ğ ŝ ƚ Ɛ Ƶ Ɛ Ğ Ž Ĩ ƚ Ś Ğ W ƌ Ğ ŵ ŝ Ɛ Ğ Ɛ Ă ƚ ƚ ŚĞ ƚĞƌŵŝŶĂƟŽŶ ŽĨ ƚŚŝƐ >ŝĐĞŶƐĞ Agreement, leaving thĞWƌĞŵŝƐĞƐŝŶƚŚĞƐĂŵĞĐŽŶĚŝƟŽŶŝƚǁĂƐƌĞĐĞŝǀĞĚ͕ŝŶŐŽŽĚŽƌĚĞƌĂŶĚƌĞƉĂŝƌ͕ reasonable wear and tear and damage by the elements ĞdžĐĞƉƚĞĚ͘ All improvements and ĂůƚĞƌĂƟŽŶƐŵĂĚĞďLJƚŚĞ>ŝĐĞŶƐĞĞƐŚĂůůďĞĐŽŵĞƚŚĞ property of the City upon ƚĞƌŵŝŶĂƟŽŶŽĨƚŚĞ LiĐĞŶƐĞŐƌĞĞŵĞŶƚ͘ŶLJŝŵƉƌŽǀĞŵĞŶƚ͕ĮdžƚƵƌĞŽƌƉĞƌƐŽŶĂůƉƌŽƉĞƌƚLJŶŽƚƌĞŵŽǀĞĚďLJƚŚĞ>ŝĐĞŶƐĞĞ ǁŝƚŚŝŶƚŚŝƌƚLJ;ϯϬͿĚĂLJƐŽĨƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚƐŚĂůůďĞĐŽŵĞƚŚĞƉƌŽƉĞƌƚLJŽĨ ƚŚĞŝƚLJĂŶĚŵĂLJďĞĚŝƐƉŽƐĞĚŽĨĂƐƚŚĞŝƚLJŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶdeems advisable.

d) ůůĂĐĐƌƵĞĚŽƌĂĐĐƵŵƵůĂƚĞĚĨĞĞƐĨŽƌƵƟůŝƟĞƐŽƌŽƚŚĞƌƉĂLJŵĞŶƚƐĚƵĞƚŽƚŚĞŝƚLJƐŚĂůůďĞƉĂŝĚďLJƚŚĞ ůŝĐĞŶƐĞĞƵƉŽŶĂŶĞīĞĐƟǀĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞŽĨƚŚĞĂŐƌĞĞŵĞŶƚ͘

16) No Property Rights ͘EŽƚŚŝŶŐŝŶƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚŝƐŝŶĂŶLJǁĂLJŝŶƚĞŶĚĞĚƚŽĞ ƐƚĂďůŝƐŚ͕ĐŽŶǀĞLJ͕ ĐƌĞĂƚĞ͕ or otherwise grant ƚŽ>ŝĐĞŶƐĞĞ any form of property rights in the Premises, nor ƐŚĂůůƐƵĐŚƌŝŐŚƚƐ ďĞĞƐƚĂďůŝƐŚĞĚ͕ĐŽŶǀĞLJĞĚ͕ĐƌĞĂƚĞĚŽƌŽƚŚĞƌǁŝƐĞŐƌĂŶƚĞĚďLJ>ŝĐĞŶƐĞĞΖƐƵƐĞŽĨƚŚĞWƌĞŵŝƐĞƐƉƵƌƐƵĂŶƚƚŽ ƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ͘>ŝĐĞŶƐĞĞŚĞƌĞďLJĂĐŬŶŽǁůĞĚŐĞƐ that it ĐƵƌƌĞŶƚůLJŚĂƐŶŽƉƌŽƉĞƌƚLJŝŶƚĞƌĞƐƚŝŶ ƚŚĞWƌĞŵŝƐĞƐŽƌĂŶLJŝŵƉƌŽǀĞŵĞŶƚƐƚŚĞƌĞƚŽŽƌĮdžƚƵƌĞƐůŽĐĂƟŽŶƚŚĞƌĞŽŶ͕ĂŶĚƚŚĂƚĂŶLJĐůĂŝŵŝƚŵĂLJŚĂǀĞ to same is hereby and forever waived.

ϭϳͿ EŽƟĐĞƐ. EŽƟĐĞƐƚŽďĞŐŝǀĞŶƵŶĚĞƌƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚƐŚĂůůďĞĂĚĚƌĞƐƐĞĚĂƐĨŽůůŽǁƐ͗

City of Hemet
ƩŶ͗ City Manager
ϰϰϱ
ĂƐƚ&ůŽƌŝĚĂǀĞ͘
,ĞŵĞƚ͕ϵϮϱϰϯ

,ĞŵĞƚ>ŝƩůĞ>ĞĂŐƵĞĂƐĞďĂůůͬ^ŽŌďĂůůIŶĐ͘
ƩĞŶƟŽŶ͗,ĞŵĞƚ>ŝƩůĞ>ĞĂŐƵĞWƌĞƐŝĚĞŶƚ
P. O. B ox ϵϳϮ
,ĞŵĞƚ͕ϵϮϱϰϱ

EŽƟĐĞƐƐŚĂůůďĞĚĞůŝǀĞƌĞĚďLJĮƌƐƚĐůĂƐƐ͕ƉŽƐƚĂŐĞƉƌĞƉĂŝĚŵĂŝůŽƌŝŶƉĞƌƐŽŶ͘/ĨŵĂŝůĞĚ͕ĂŶŽƟĐĞ shall be ĚĞĞŵĞĚĞīĞĐƟǀĞŽŶƚŚĞĮŌŚĚĂLJĨŽůůŽǁŝŶŐĚĞƉŽƐŝƚŝŶƚŚĞh͘^͘DĂŝů͘

ϭϴͿ Waiver͘EŽĨĂŝůƵƌĞŽŶƚŚĞƉĂƌƚŽĨĞŝƚŚĞƌƉĂƌƚLJƚŽĞdžĞƌĐŝƐĞĂŶLJƌŝŐŚƚŽƌƌĞŵĞĚLJŚĞƌĞƵŶĚĞƌƐŚĂůůoperate ĂƐĂǁĂŝǀĞƌŽĨĂŶLJŽƚŚĞƌƌŝŐŚƚŽƌƌĞŵĞĚLJƚŚĂƚƉĂƌƚLJŵĂLJŚĂǀĞŚĞƌĞƵŶĚĞƌ͕ŶŽƌĚŽĞƐǁĂŝǀĞƌŽĨĂďƌĞĂĐŚ ŽƌĚĞĨĂƵůƚƵŶĚĞƌƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚĐŽŶƐƟƚƵƚĞĂĐŽŶƟŶƵŝŶŐǁĂŝǀĞƌŽĨĂ ƐƵďƐĞƋƵĞŶƚďƌĞĂĐŚŽĨƚŚĞ ƐĂŵĞŽƌĂŶLJŽƚŚĞƌƉƌŽǀŝƐŝŽŶŽĨƚŚŝƐ>ŝĐĞŶƐĞŐƌeement.

19)
ŶƟƌĞŐƌĞĞŵĞŶƚ͘ dŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚĐŽŶƐƟƚƵƚĞƐƚŚĞĐŽŵƉůĞƚĞĂŶĚĞdžĐůƵƐŝǀĞƐƚ ĂƚĞŵĞŶƚŽĨƚŚĞ >ŝĐĞŶƐĞŐƌĞĞŵĞŶƚďĞƚǁĞĞŶŝƚLJĂŶĚ>ŝĐĞŶƐĞĞ͘EŽƚĞƌŵƐ͕ĐŽŶĚŝƟŽŶ Ɛ͕ƵŶĚĞƌƐƚĂŶĚŝŶŐŽƌĂŐƌĞĞŵĞŶƚƐ ƉƵƌƉŽƌƟŶŐƚŽŵŽĚŝĨLJŽƌǀĂƌLJƚŚŝƐ>ŝĐĞŶƐĞŐƌĞĞŵĞŶƚ͕ƵŶůĞƐƐŚĞƌĞ ĂŌĞƌ made ŝŶǁƌŝƟŶŐĂŶĚƐŝŐŶĞĚďLJ the party to be bound, shall be binding on either party. 




 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

Page ϳ of 11
/Et/dE
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^ŚĂǀĞĞdžĞĐƵƚĞĚƚŚŝƐ'Z

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EdďĞůŽǁ͘

CITY OF HEMET
Licensee

LJ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
DĂƌŬWƌĞƐƚǁŝĐŚ
City Manager

LJ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
ďĞůDĂƌƟŶĞnj
,ĞŵĞƚ>ŝƩůĞ>ĞĂŐƵĞPresident
Dated͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Dated ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ

ƩĞƐƚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
John Paul Maier
City Clerk

WWZKs
^dK&KZD͗

LJ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
Steven Graham
ŝƚLJƩŽƌŶĞLJ






 



 









22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

Page ϴ of 11
Figure 1

&ĂĐŝůŝƚLJŽƵŶĚĂƌLJ





 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

ADDENDUM “1” - INSURANCE
(A) I
NSURANCE REQUIREMENTS͘sĞŶĚŽƌƐŚĂůůƉƌŽǀŝĚĞĂŶĚŵĂŝŶƚĂŝŶŝŶƐƵƌĂŶĐĞ͕ĂĐĐĞƉƚĂďůĞƚŽƚ ŚĞŝƚLJ͕ŝŶ ĨƵůůĨŽƌĐĞĂŶĚĞĨĨĞĐƚƚŚƌŽƵŐŚŽƵƚƚŚĞdĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ĂŐĂŝŶƐƚĐůĂŝŵƐĨŽƌŝŶũƵƌŝĞƐƚŽƉĞƌƐŽŶƐ Žƌ ĚĂŵĂŐĞƐ ƚŽ ƉƌŽƉĞƌƚLJ ǁŚŝĐŚ ŵĂLJ ĂƌŝƐĞ ĨƌŽŵ Žƌ ŝŶ ĐŽŶŶĞĐƚŝŽŶ ǁŝƚŚ ƚŚĞ ƉĞƌĨŽƌŵĂŶĐĞ of the ^ĞƌǀŝĐĞƐ ďLJ sĞŶĚŽƌ͕ ŝƚƐ ĂŐĞŶƚƐ͕ ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐ Žƌ ĞŵƉůŽLJĞĞƐ͘ /ŶƐƵƌĂŶĐĞ ŝƐ ƚŽ ďĞ ƉůĂĐĞĚ ǁŝƚŚ ŝŶƐƵƌĞƌƐǁŝƚŚĂĐƵƌƌĞŶƚ͘D͘ĞƐƚΖƐƌĂƚŝŶŐŽĨŶŽůĞƐƐƚŚĂŶ͗s//͘sĞŶĚŽƌƐŚĂůůƉƌŽǀŝĚĞƚŚĞĨŽůůŽǁŝŶŐ ƐĐŽƉĞĂŶĚůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞ͗

1. MINIMUM SCOPE OF INSURANCE. Vendor shall maintain the following types and limits of ŝŶƐƵƌĂŶĐĞ͘

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Vendor ƐŚĂůůŵĂŝŶƚĂŝŶĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂůůŝĂďŝůŝƚLJŝŶƐƵƌĂŶĐĞǁŝƚŚĐŽǀĞƌĂŐĞĂƚ ůĞĂƐƚĂƐďƌŽĂĚĂƐ/ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐ KĨĨŝĐĞ form CG 00 01, in an amount not less than $2,000,000 per ŽĐĐƵƌƌĞŶĐĞ͕Ψϰ͕ϬϬϬ͕ϬϬϬŐĞŶĞƌĂůĂŐŐƌĞŐĂƚĞ͕ĨŽƌďŽĚŝůLJŝŶũƵƌLJ͕ƉĞ ƌƐŽŶĂůŝŶũƵƌLJ͕ĂŶĚƉƌŽƉĞƌƚLJĚĂŵĂŐĞ͘dŚĞ ƉŽůŝĐLJŵƵƐƚŝŶĐůƵĚĞĐŽŶƚƌĂĐƚƵĂůůŝĂďŝůŝƚLJƚŚĂƚŚĂƐŶŽƚďĞĞŶĂŵĞŶĚĞĚ͘ŶLJĞŶĚŽƌƐĞŵĞŶƚƌĞƐƚƌŝĐƚŝŶg standard /^K͞ŝŶƐƵƌĞĚĐŽŶƚƌĂĐƚ͟ůĂŶŐƵĂŐĞǁŝůůŶŽƚďĞĂĐĐĞƉƚĞĚ͘
AUTOMOBILE LIABILITY INSURANCE. Vendor ƐŚĂůůŵĂŝŶƚĂŝŶĂƵƚŽŵŽďŝůĞůŝĂďŝůŝƚLJŝŶƐƵƌĂŶĐĞĂƚůĞĂƐƚĂƐďƌŽĂĚ ĂƐ /ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĨĨŝĐĞĨŽƌŵϬϬϬϭĐŽǀĞƌŝŶŐďŽĚŝůLJŝŶũƵƌLJ ĂŶĚƉƌŽƉĞƌƚLJĚĂŵĂŐĞĨŽƌĂůůĂĐƚŝǀŝƚŝĞƐŽĨ the Vendor ĂƌŝƐŝŶŐŽƵƚŽĨŽƌŝŶĐŽŶŶĞĐƚŝŽŶǁŝƚŚ^ĞƌǀŝĐĞƐƚŽďĞƉĞƌĨŽƌŵĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͕ŝŶĐůƵĚŝŶŐ ĐŽǀĞƌĂŐĞĨŽƌĂŶLJŽǁŶĞĚ͕ ŚŝƌĞĚ͕ŶŽŶ -ŽǁŶĞĚŽƌƌĞŶƚĞĚǀĞŚŝĐůĞƐ͕ŝŶĂŶĂŵŽƵŶƚŶŽƚůĞƐƐƚŚĂŶΨϭ͕ϬϬϬ͕ϬϬϬ  ĐŽŵďŝŶĞĚƐŝŶŐůĞůŝŵŝƚĨŽƌĞĂĐŚĂĐĐŝĚĞŶƚ͘
PROPERTY INSURANCE. ZĞƉůĂĐĞŵĞŶƚ ĐŽƐƚ ĨŽƌ ƚĞŶĂŶƚ͛Ɛ ŝŵƉƌŽǀĞŵĞŶƚƐ ĂŶĚ ďĞƚƚĞƌŵĞŶƚƐ͕ ŽƌŝĨ ƚŚĞ ůĞƐƐĞĞ ŝƐ responsible for the all-ƌŝƐŬŝŶƐƵƌĂŶĐĞŽŶƚŚĞƉƌŽƉĞƌƚLJ͘

CRIME/FIDELITY BOND. sĞŶĚŽƌƐŚĂůůŵĂŝŶƚĂŝŶ&ŝĚĞůŝƚLJŽŶĚĐŽǀĞƌĂŐĞŽƌŽŵŵĞƌĐŝĂůƌŝŵĞŝŶƐƵƌĂŶĐĞǁŚŝĐŚ ƐŚĂůůďĞǁƌŝƚƚĞŶŽŶĂ͞ůŽƐƐƐƵƐƚĂŝŶĞĚĨŽƌŵ͟Žƌ͞ĚŝƐĐŽǀĞƌLJĨŽƌŵ͟ǁŝƚŚůŝŵŝƚƐŽĨŶŽƚůĞƐƐƚŚĂŶΨϭ͕ϬϬϬ͕ϬϬϬƉĞƌ ŽĐĐƵƌƌĞŶĐĞ ĨŽƌ
ŵƉůŽLJĞĞ ŝƐŚŽŶĞƐƚLJ͕ &ƌĂƵĚ͕ ĞƉŽƐŝƚŽƌ &ŽƌŐĞƌLJ͕ DŽŶĞLJ KƌĚĞƌƐ Θ ŽƵŶƚĞƌĨĞŝƚ ŵŽŶĞLJ͕ Fraudulent Fund Transfers, and Theft ďLJ
ůĞĐƚƌŽŶŝĐ DĞĂŶƐ͘ ^ĂŝĚ ƉŽůŝĐLJ ƐŚĂůů ĂůƐŽ ŝŶĐůƵĚĞ ĐŽǀĞƌĂŐĞ ĨŽƌ DŽŶĞLJ Θ ^ĞĐƵƌŝƚŝĞƐ – On and Off Premises – ŝŶĐůƵĚŝŶŐ ƚƌĂŶƐƉŽƌƚĂƚŝŽŶ ďLJ ŵĞƐƐĞŶŐĞƌ͕ &ƌĂƵĚƵůĞŶƚ /ŶƐƚƌƵĐƚŝŽŶ͕ZŽďďĞƌLJĂŶĚƵƌŐůĂƌLJǁŝƚŚůŝŵŝƚƐŽĨŶŽƚůĞƐƐƚŚĂŶ ΨϭϬϬ͕ϬϬϬƉĞƌŽĐĐƵƌƌĞŶĐĞ͘dŚĞŐĞŶĐ y, its ŽĨĨŝĐĞƌƐ͕ĞŵƉůŽLJĞĞƐ͕ĂŶĚĂŐĞŶƚƐƐŚĂůůďĞŶĂŵĞĚĂƐ>ŽƐƐWĂLJĞĞƐ͘ /ĨƚŚĞƉŽůŝĐLJŝƐǁƌŝƚƚĞŶŽŶĂ͞ĚŝƐĐŽǀĞƌLJ ĨŽƌŵ͕͟ŝƚŵƵƐƚŝŶĐůƵĚĞĂŶĞdžƚĞŶĚĞĚƌĞƉŽƌƚŝŶŐƉĞƌŝŽĚŽĨŶŽƚůĞƐƐƚŚĂŶŽŶĞ;ϭͿLJĞĂƌ͘

WORKERS’ COMPENSATION INSURANCE. Vendor ƐŚĂůůŵĂŝŶƚĂŝŶtŽƌŬĞƌƐ͛ŽŵƉĞŶƐĂƚŝŽŶ/ŶƐƵƌĂŶĐĞ;^ƚĂƚƵƚŽƌLJ >ŝŵŝƚƐͿ ĂŶĚ
ŵƉůŽLJĞƌ͛Ɛ >ŝĂďŝůŝƚLJ /ŶƐƵƌĂŶĐĞ ;ǁŝƚŚ ůŝŵŝƚƐ ŽĨ Ăƚ ůĞĂƐƚ Ψϭ͕ϬϬϬ͕ϬϬϬ ƉĞƌ ĂĐĐŝĚĞŶƚ Žƌ ĚŝƐĞĂƐĞͿ͘ Vendor ƐŚĂůůƐƵďŵŝƚƚŽŝƚLJ͕ĂůŽŶŐǁŝƚŚƚŚĞĐĞƌƚŝĨŝĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ͕ĂtĂŝǀĞƌŽĨ^ƵďƌŽŐĂƚŝŽn endorsement ŝŶĨĂǀŽƌŽĨŝƚLJ͕ŝƚƐŽĨĨŝĐĞƌƐ͕ĂŐĞŶƚƐ͕ĞŵƉůŽLJĞĞƐĂŶĚǀŽůƵŶƚĞĞƌƐ͘ 




 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

U
MBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the ůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚďLJƚŚŝƐŐƌĞĞŵĞŶƚ͕ Vendor may obtain and ŵĂŝŶƚĂŝŶĂŶƵŵďƌĞůůĂŽƌĞdžĐĞƐƐ ůŝĂďŝůŝƚLJŝŶƐƵƌĂŶĐĞƉŽůŝĐLJǁŝƚŚůŝŵŝƚƐƚŚĂƚǁŝůůƉƌŽǀŝĚĞďŽĚŝůLJ ŝŶũƵƌLJ͕ƉĞƌƐŽŶĂůŝŶũƵƌLJĂŶĚƉƌŽƉĞƌƚLJĚĂŵĂŐĞ ůŝĂďŝůŝƚLJĐŽǀĞƌĂŐĞĂƚůĞĂƐƚĂƐďƌŽĂĚĂƐƚŚĞƉƌŝŵĂƌLJĐŽǀĞƌĂŐĞƐƐĞƚĨŽƌƚŚĂďŽǀĞ͕ŝŶĐůƵĚŝŶŐĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂů liabilitLJ͕ĂƵƚŽŵŽďŝůĞůŝĂďŝůŝƚLJ͕ĂŶĚĞŵƉůŽLJĞƌ͛ƐůŝĂďŝůŝƚLJ͘^ƵĐŚƉŽůŝĐLJ ŽƌƉŽůŝĐŝĞƐƐŚĂůůŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐ ƚĞƌŵƐĂŶĚĐŽŶĚŝƚŝŽŶƐ͗

1. A drop- ĚŽǁŶ ĨĞĂƚƵƌĞ ƌĞƋƵŝƌŝŶŐ ƚŚĞ ƉŽůŝĐLJ ƚŽ ƌĞƐƉŽŶĚ ŝĨ ĂŶLJ ƉƌŝŵĂƌLJ ŝŶƐƵƌĂŶĐĞ ƚŚĂƚ ǁŽƵůĚ ŽƚŚĞƌǁŝƐĞ ŚĂǀĞ ĂƉƉůŝĞĚ ƉƌŽǀĞƐ ƚŽ ďĞ ƵŶĐŽůůĞĐƚŝďůĞ ŝŶ ǁŚŽůĞ Žƌ ŝŶ ƉĂƌƚ ĨŽƌ ĂŶLJ reason;

2. Pay on behalf of wording as opposed to reimbursement;

3. ŽŶĐƵƌƌĞŶĐLJŽĨĞĨĨĞĐƚŝǀĞĚĂƚĞƐǁŝƚŚƉƌŝŵĂƌLJƉŽůŝĐŝĞƐ͖

4. WŽůŝĐŝĞƐƐŚĂůů͞ĨŽůůŽǁĨŽƌŵ͟ƚŽƚŚĞƵŶĚĞƌůLJŝŶŐƉƌŝŵĂƌLJƉŽůŝĐŝĞƐ͖ĂŶĚ ϱ͘ /ŶƐƵƌĞĚƐ ƵŶĚĞƌ ƉƌŝŵĂƌLJ ƉŽůŝĐŝĞƐ ƐŚĂůů ĂůƐŽ ďĞ ŝŶƐƵƌĞĚƐ ƵŶĚĞƌ ƚŚĞ ƵŵďƌĞůůĂ Žƌ ĞdžĐĞƐƐ ƉŽůŝĐŝĞƐ͘
(B) OTHER PROVISIONS.

ĂĐŚŝŶƐƵƌĂŶĐĞƉŽůŝĐLJƌĞƋƵŝƌĞĚďLJƚŚŝƐŐƌĞĞŵĞŶƚƐŚĂůůďĞĞŶĚŽƌ ƐĞĚĂŶĚƐƚĂƚĞ ƚŚĞ ĐŽǀĞƌĂŐĞ ƐŚĂůů ŶŽƚ ďĞ ƐƵƐƉĞŶĚĞĚ͕ ǀŽŝĚĞĚ͕ ĐĂŶĐĞůůĞĚ ďLJ ƚŚĞ ŝŶƐƵƌĞƌ Žƌ ĞŝƚŚĞƌ WĂƌƚLJ ƚŽ ƚŚŝƐ AgreemĞŶƚ͕ƌĞĚƵĐĞĚŝŶĐŽǀĞƌĂŐĞŽƌŝŶůŝŵŝƚƐĞdžĐĞƉƚĂĨƚĞƌƚŚŝƌƚLJ;ϯϬͿ ĚĂLJƐΖƉƌŝŽƌǁƌŝƚƚĞŶŶŽƚŝĐĞďLJ ĐĞƌƚŝĨŝĞĚŵĂŝů͕ƌĞƚƵƌŶƌĞĐĞŝƉƚƌĞƋƵĞƐƚĞĚ͕ŚĂƐďĞĞŶŐŝǀĞŶƚŽŝƚLJ͘ (C) OTHER REQUIREMENTS͘sĞŶĚŽƌĂŐƌĞĞƐƚŽĚĞƉŽƐŝƚǁŝƚŚŝƚLJ͕ĂƚŽƌďĞĨŽƌĞƚŚĞĞĨĨĞĐƚŝǀ ĞĚĂƚĞŽĨƚŚŝƐ AŐƌĞĞŵĞŶƚ͕ ĐĞƌƚŝĨŝĐĂƚĞƐ ŽĨ ŝŶƐƵƌĂŶĐĞ ĂŶĚ ĞŶĚŽƌƐĞŵĞŶƚƐ ŶĞĐĞƐƐĂƌLJ ƚ Ž Ɛ Ă ƚ ŝ Ɛ Ĩ LJ  ŝ ƚ LJ ƚ Ś Ă ƚ ƚ Ś Ğ  ŝŶƐƵƌĂŶĐĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚŝƐĐŽŶƚƌĂĐƚŚĂǀĞďĞĞŶĐŽŵƉůŝĞĚǁŝƚŚ͘ dŚĞŝƚLJƚƚŽƌŶĞLJŵĂLJƌĞƋƵŝƌĞ ƚŚĂƚsĞŶĚŽƌĨƵƌŶŝƐŚŝƚLJǁŝƚŚĐŽƉŝĞƐŽĨŽƌŝŐŝŶĂůĞŶĚŽƌƐĞŵĞŶƚƐĞĨĨĞĐƚŝŶŐĐŽverage required by this ^ĞĐƚŝŽŶ͘  dŚĞ ĐĞƌƚŝĨŝĐĂƚĞƐ ĂŶĚ ĞŶĚŽƌƐĞŵĞŶƚƐ ĂƌĞ ƚŽ ďĞ ƐŝŐŶĞĚ ďLJ Ă ƉĞƌƐŽŶ ĂƵƚŚŽƌŝnjĞĚ ďLJ ƚŚĂƚ ŝŶƐƵƌĞƌƚŽďŝŶĚĐŽǀĞƌĂŐĞŽŶŝƚƐďĞŚĂůĨ͘ŝƚLJƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽŝŶƐƉĞĐƚĐŽŵƉůĞƚĞ͕ĐĞƌƚŝĨŝĞĚĐŽƉŝĞƐ ŽĨĂůůƌĞƋƵŝƌĞĚŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐ͕Ăt any time.

1. hƉŽŶƌĞƋƵĞƐƚĨƌŽŵƚŚĞŝƚLJ͕sĞŶĚŽƌƐŚĂůůĨƵƌŶŝƐŚĐĞƌƚŝĨŝĐĂƚĞƐĂŶĚĞŶĚŽƌƐĞŵĞŶƚƐĨƌŽŵĞĂĐŚ ƐƵďĐŽŶƚƌĂĐƚŽƌŝĚĞŶƚŝĐĂůƚŽƚŚŽƐĞsĞŶĚŽƌƉƌŽǀŝĚĞƐ͘

2. ŶLJĚĞĚƵĐƚŝďůĞƐŽƌƐĞůĨ -insured retenƚŝŽŶƐŵƵƐƚďĞĚĞĐůĂƌĞĚƚŽĂŶĚĂƉƉƌŽǀĞĚďLJŝƚLJ͘ƚ the option of C ŝƚLJ͕ ĞŝƚŚĞƌ ƚŚĞ ŝŶƐƵƌĞƌ ƐŚĂůů ƌĞĚƵĐĞ Žƌ ĞůŝŵŝŶĂƚĞ ƐƵĐŚ ĚĞĚƵĐƚŝďůĞƐŽƌƐĞůĨ - ŝŶƐƵƌĞĚƌĞƚĞŶƚŝŽŶƐĂƐƌĞƐƉĞĐƚƐŝƚLJŽƌŝƚƐƌĞƐƉĞĐƚŝǀĞĞůĞĐƚĞĚŽƌĂƉƉŽŝŶƚĞĚŽĨĨŝĐĞƌƐ͕ŽĨĨŝĐŝĂůƐ͕ ĞŵƉůŽLJĞĞƐĂŶĚǀŽůƵŶƚĞĞƌƐŽƌƚŚĞsĞŶĚŽƌƐŚĂůůƉƌŽĐƵƌĞĂďŽŶĚŐƵĂ ƌĂŶƚĞĞŝŶŐƉĂLJŵĞŶƚŽĨ lŽƐƐĞƐĂŶĚƌĞůĂƚĞĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐ͕ĐůĂŝŵĂĚŵŝŶŝƐƚƌĂƚŝŽŶ͕ĚĞĨĞŶƐĞĞdžƉĞŶƐĞƐĂŶĚĐůĂŝŵƐ͘

3. dŚĞ ƉƌŽĐƵƌŝŶŐŽĨƐƵĐŚƌĞƋƵŝƌĞĚ ƉŽůŝĐLJ ŽƌƉŽůŝĐŝĞƐŽĨŝŶƐƵƌĂŶĐĞ ƐŚĂůůŶŽƚďĞ ĐŽŶƐƚƌƵĞĚƚŽ ůŝŵŝƚ sĞŶĚŽƌ͛Ɛ ůŝĂďŝůŝƚLJ ŚĞƌĞƵŶĚĞƌ ŶŽƌ ƚŽ ĨƵůĨŝůů ƚŚĞ ŝŶĚĞŵŶŝĨŝ ĐĂƚŝŽŶ ƉƌŽǀŝƐŝŽŶƐ Ă nd requirements of this Agreement.

4. ŽǀĞƌĂŐĞ ƉƌŽǀŝĚĞĚ ďLJ sĞŶĚŽƌ ƐŚĂůů ďĞ ƉƌŝŵĂƌLJ ĂŶĚ ĂŶLJ ŝŶƐƵƌĂŶĐĞ Žƌ ƐĞůĨ-ŝŶƐƵƌĂŶĐĞ ƉƌŽĐƵƌĞĚŽƌŵĂŝŶƚĂŝŶĞĚďLJŝƚLJƐŚĂůůŶŽƚďĞƌĞƋƵŝƌĞĚƚŽĐŽŶƚƌŝď ƵƚĞǁŝƚŚŝƚ͘dŚĞůŝŵŝƚƐŽĨ ŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚŚĞƌĞŝŶŵĂLJďĞƐĂƚŝƐĨŝĞĚďLJĂĐŽ mbination of primary and umbrella or ĞdžĐĞƐƐŝŶƐƵƌĂŶĐĞ͘ŶLJƵŵďƌĞůůĂŽƌĞdžĐĞƐƐŝŶƐƵƌĂŶĐĞƐŚĂůůĐŽŶƚĂŝŶŽƌďĞĞŶĚŽƌƐĞĚƚŽĐŽŶƚĂŝŶ 




 



 



22.B.

License Agreement – ĂƐĞďĂůů&ĂĐŝůŝƟĞƐ
City of Hemet – Ver. 2023/12

ĂƉƌŽǀŝƐŝŽŶƚŚĂƚƐƵĐŚĐŽǀĞƌĂŐĞƐŚĂůůĂůƐŽĂƉƉůLJŽŶĂƉƌŝŵĂƌLJĂŶĚŶŽŶ-ĐŽŶƚƌŝďƵƚŽƌLJďĂƐŝƐĨŽƌ the benefit of City before the City’ƐŽǁŶŝŶƐƵƌĂŶĐĞŽƌƐĞůĨ-ŝŶƐƵƌĂŶĐĞƐŚĂůůďĞĐĂůůĞĚƵƉŽŶƚŽ ƉƌŽƚĞĐƚŝƚĂƐĂŶĂŵĞĚŝŶƐƵƌĞĚ͘
ϱ͘ ůů ŝŶƐƵƌĂŶĐĞ ĐŽǀĞƌĂŐĞ ŵĂŝŶƚĂŝŶĞĚ Žƌ ƉƌŽĐƵƌĞĚ ƉƵƌƐƵĂŶƚ ƚŽ ƚŚŝƐ ĂŐƌĞĞŵĞŶƚ ƐŚĂůů ďĞ ĞŶĚŽƌƐĞĚ ƚŽ ǁĂŝǀĞ ƐƵďƌŽŐĂƚŝŽŶ ĂŐĂŝŶƐƚ ŝƚLJ͕ ŝƚƐ ĞůĞĐƚĞĚ Žƌ ĂƉƉŽŝŶƚĞĚ ŽĨĨŝĐĞƌƐ͕ ĂŐĞŶƚƐ, ŽĨĨŝĐŝĂůƐ͕ĞŵƉůŽLJĞĞƐĂŶĚǀŽůƵŶƚĞĞƌƐŽƌƐŚĂůůƐƉĞĐŝĨŝĐĂůůLJĂůůŽǁ sĞŶĚŽƌŽƌŽƚŚĞƌƐƉƌŽǀŝĚŝŶŐ ŝŶƐƵƌĂŶĐĞĞǀŝĚĞŶĐĞŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞƐĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐƚŽǁĂŝǀĞƚŚĞŝƌƌŝŐŚƚŽĨƌĞĐŽǀĞƌLJ ƉƌŝŽƌ ƚŽ Ă ůŽƐƐ͘ sĞŶĚŽƌ ŚĞƌĞďLJ ǁĂŝǀĞƐ ŝƚƐ ŽǁŶ ƌŝŐŚƚ ŽĨ ƌĞĐŽǀĞƌLJĂ Ő Ă ŝ Ŷ Ɛ ƚ City, and shall ƌĞƋƵŝƌĞ ƐŝŵŝůĂƌ ǁƌŝƚƚĞŶ ĞdžƉƌĞƐƐ ǁĂŝǀĞƌƐ ĂŶĚ ŝŶƐƵƌĂŶĐĞ ĐůĂƵƐĞƐ Ĩ ƌŽŵ ĞĂĐŚ ŽĨ ŝƚƐ ƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘

6. 'ĞŶĞƌĂůůŝĂďŝůŝƚLJƉŽůŝĐŝĞƐƐŚĂůůƉƌŽǀŝĚĞŽƌďĞĞŶĚŽƌƐĞĚƚŽƉƌŽǀ ŝĚĞƚŚĂƚŝƚLJĂŶĚŝƚƐŽĨĨŝĐĞƌƐ͕ ŽĨĨŝĐŝĂůƐ͕ĞŵƉůŽLJĞĞƐ͕ĂŶĚĂŐĞŶƚƐ͕ĂŶĚǀŽůƵŶƚĞĞƌƐƐŚĂůůďĞĂĚĚŝƚ ŝŽŶĂůŝŶƐƵƌĞĚƐƵŶĚĞƌƐƵĐŚ ƉŽůŝĐŝĞƐ͘dŚŝƐƉƌŽǀŝƐŝŽŶƐŚĂůůĂůƐŽĂƉƉůLJƚŽĂŶLJĞdžĐĞƐƐͬƵŵďƌĞůůĂůŝĂďŝůŝƚLJƉŽůŝĐŝĞƐ͘






 



 



22.B.

CERTIFICATE OF INSURANCE

DATE (MM/DD/YY)

PRODUCER
Keystone Risk Managers, LLC
1995 Point Township Drive
Northumberland, PA 17867
CERTIFICATE #:

INSURERS AFFORDING COVERAGE:

ADDITIONAL NAMED INSURED: INSURER A: Interstate Fire & Casualty Company INSURER B:
(Non-Liability)
National Union Fire Insurance Company of
Pittsburgh, PA
INSURER C: AIG Specialty Insurance Company
INSURER D: Markel American Insurance Company

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTAND ING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.

AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. * SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER D&O POLICY, FOR ALL LOSS ARI SING FROM ALL CLASS ACTION CLAIMS AND COMMON LEAGUE CLAIMS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #31 OF THE MASTER D&O POLICY. ** SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER CYBER POLICY, FOR SPECIFIE D DEFENSE COSTS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #14 OF THE MASTER CYBER POLICY.

INSR
LTR
ADD’L
NAMED
INSRD

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS

GENERAL LIABILITY EACH OCCURRENCE

X OCCURRENCE GENERAL AGGREGATE
X INCL PARTICIPANTS Property Damage Deductible: $250 PRODUCTS/COMP OPS

AGGREGATE

X SEXUAL ABUSE
Sexual Abuse

OCCURRENCE
Sexual Abuse AGGREGATE
MEDICAL PAYMENTS Any One Person

DIRECTORS & OFFICERS
EACH LOSS $1,000,000*
AGGREGATE $1,000,000

CYBER LIABILITY

COVERAGE

LIMIT OF LIABILITY

CLAIMS MADE
$100,000 PER LEAGUE

AGGREGATE

S&P SECURITY AND PRIVACY LIABILITY

INSURANCE
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY**
$1,000 PER LEAGUE RETENTION

RETROACTIVE DATE

POLICY INCEPTION

CONTINUITY DATE

POLICY INCEPTION

REGULATORY ACTION SUBLIMIT

OF LIABILITY
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY
$1,000 PER LEAGUE RETENTION
EM EVENT MANAGEMENT INSURANCE $100,000 PER LEAGUE SUBLIMIT OF LIABILITY** $1,000 PER LEAGUE RETENTION

NOT APPLICABLE POLICY INCEPTION

INLAND MARINE/PROPERTY
FLOATER EACH LOSS $35,000
Deductible: $500
CRIME EACH LOSS $35,000
Deductible: $1,000

SPORTS EXCESS ACCIDENT
As in Master Policy:

Med. Max. $100,000
Deductible $50
As in Master Policy
Excess
“X” INDICATES COVERAGE(S) SELECTED FOR ADDITIONAL NAMED INSURED

ADDITIONAL INSURED
Who is an Insured (SECTION II) of the General Liability policy is amended to include as an insured the person or organization s hown in the schedule, but only with respect to liability arising out of the above-named Little League’s maintenance or use of ball fields, or other premises loaned, donated, or rented to that Little League by such person or organizations and subject to the following additional exclusions:

1. Structural alterations, new construction, maintenance, repair, or demolition operations performed by or on behalf of the per son or organization designated in the Schedule and/or performed by the above-named Little League; and

2. That part of the ball field or other premises not being used by the above-named Little League.

NAME AND ADDRESS OF PERSON OR ORGANIZATION:

INSURED CANCELLATION
Little League Baseball Risk Purchasing Group, Incorporated 539 U.S. RT. 15 Highway
South Williamsport, PA 17702

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
CY PROVISIONSSS..

ED RRRREEPREE SENTATIVE
02/17/24
325330-2024-3 4 05 28

HEMET LL
31476 Sonoma Ln
Temecula, CA 92951
A X
UST030987240 01/18/2024 01/01/2025
$1,000,000
$2,000,000
$1,000,000
$1,000,000
$1,000,000
C X
CX
XB
014674121 01/01/2024 01/01/2025
014681404 01/01/2024 01/01/2025

1. City of Hemet, its officers, officials, employees, agents, and volunteers SRG9105434 01/01/2024 01/01/2025
UST030998240 01/01/2024 01/01/2025
MKLM7IM0054394 01/01/2024 01/01/2025
AX
DX





 



 



22.B.

CERTIFICATE OF INSURANCE

DATE (MM/DD/YY)

PRODUCER
Keystone Risk Managers, LLC
1995 Point Township Drive
Northumberland, PA 17867
CERTIFICATE #:

INSURERS AFFORDING COVERAGE:

ADDITIONAL NAMED INSURED: INSURER A: Interstate Fire & Casualty Company INSURER B:
(Non-Liability)
National Union Fire Insurance Company of
Pittsburgh, PA
INSURER C: AIG Specialty Insurance Company
INSURER D: Markel American Insurance Company

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTAND ING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.

AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. * SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER D&O POLICY, FOR ALL LOSS ARI SING FROM ALL CLASS ACTION CLAIMS AND COMMON LEAGUE CLAIMS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #31 OF THE MASTER D&O POLICY. ** SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER CYBER POLICY, FOR SPECIFIE D DEFENSE COSTS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #14 OF THE MASTER CYBER POLICY.

INSR
LTR
ADD’L
NAMED
INSRD

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS

GENERAL LIABILITY EACH OCCURRENCE

X OCCURRENCE GENERAL AGGREGATE
X INCL PARTICIPANTS Property Damage Deductible: $250 PRODUCTS/COMP OPS

AGGREGATE

X SEXUAL ABUSE
Sexual Abuse

OCCURRENCE
Sexual Abuse AGGREGATE
MEDICAL PAYMENTS Any One Person

DIRECTORS & OFFICERS
EACH LOSS $1,000,000*
AGGREGATE $1,000,000

CYBER LIABILITY

COVERAGE

LIMIT OF LIABILITY

CLAIMS MADE
$100,000 PER LEAGUE

AGGREGATE

S&P SECURITY AND PRIVACY LIABILITY

INSURANCE
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY**
$1,000 PER LEAGUE RETENTION

RETROACTIVE DATE

POLICY INCEPTION

CONTINUITY DATE

POLICY INCEPTION

REGULATORY ACTION SUBLIMIT

OF LIABILITY
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY
$1,000 PER LEAGUE RETENTION
EM EVENT MANAGEMENT INSURANCE $100,000 PER LEAGUE SUBLIMIT OF LIABILITY** $1,000 PER LEAGUE RETENTION

NOT APPLICABLE POLICY INCEPTION

INLAND MARINE/PROPERTY
FLOATER EACH LOSS $35,000
Deductible: $500
CRIME EACH LOSS $35,000
Deductible: $1,000

SPORTS EXCESS ACCIDENT
As in Master Policy:

Med. Max. $100,000
Deductible $50
As in Master Policy
Excess
“X” INDICATES COVERAGE(S) SELECTED FOR ADDITIONAL NAMED INSURED

ADDITIONAL INSURED
Who is an Insured (SECTION II) of the General Liability policy is amended to include as an insured the person or organization s hown in the schedule, but only with respect to liability arising out of the above-named Little League’s maintenance or use of ball fields, or other premises loaned, donated, or rented to that Little League by such person or organizations and subject to the following additional exclusions:

1. Structural alterations, new construction, maintenance, repair, or demolition operations performed by or on behalf of the per son or organization designated in the Schedule and/or performed by the above-named Little League; and

2. That part of the ball field or other premises not being used by the above-named Little League.

NAME AND ADDRESS OF PERSON OR ORGANIZATION:

INSURED CANCELLATION
Little League Baseball Risk Purchasing Group, Incorporated 539 U.S. RT. 15 Highway
South Williamsport, PA 17702

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
CY PROVISIONSSS..

ED RRRREEPREE SENTATIVE
02/17/24
325330-2024-3 4 05 28

HEMET LL
31476 Sonoma Ln
Temecula, CA 92951
A X
UST030987240 01/18/2024 01/01/2025
$1,000,000
$2,000,000
$1,000,000
$1,000,000
$1,000,000
C X
CX
XB
014674121 01/01/2024 01/01/2025
014681404 01/01/2024 01/01/2025
City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue
Hemet, CA 92543
SRG9105434 01/01/2024 01/01/2025
UST030998240 01/01/2024 01/01/2025
MKLM7IM0054394 01/01/2024 01/01/2025
AX
DX





 



 



22.B.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY

ED REPRESENTTENTENTENTE AAATIVE
© 1988-2015 ACORD CORPORATION. All r
6(;8$/$%86(2&&$**
2/17/2024
Keystone Risk Managers, LLC
1995 Point Township Drive
Northumberland PA 17867
David Irwin
(570) 473-2150 (570) 473-2151
[email protected]
Little League Baseball Risk Purchasing Group, Incorporated

HEMET LL
31476 Sonoma Ln
Temecula CA 92951
Interstate Fire & Casualty Company 22829
A
Per League
XX UST030987240 01/18/2024 01/01/2025
Certificate Holder is named as Additional Insured per form CG 2026 (12/19) City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue
Hemet CA 92543
300,000
Excluded
1,000,000
2,000,000
1M/$1M
1,000,000
1,000,000





 



 



22.B.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Name Of Additional Insured Person(s) Or
POLICY NUMBER:

COMMERCIAL GENERAL LIABILITY
CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:

1. In the performance of your ongoing operations; or

2. In connection with your premises owned by or rented to you.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added toSection III – Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits ofinsurance;
whichever is less.

This endorsement shall not increase the applicable limits of insurance.

CG 20 26 12 19
© Insurance Services Office,Inc., 2018 Page 1 of 1
UST030987240
City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue
Hemet, CA 92543





 



 



22.B.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ††

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue
Hemet, CA 92543
UST030987240





 



 



22.B.

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

POLICY NUMBER:UST030987240





 



 



22.B.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is req uired) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, su bject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)
3$57,&,3$176
Terry L. Green & Associates
3100 Five Forks Trickum Rd
Suite 101
Lilburn, GA 30047
Hemet Little League
P.O. Box 972
Hemet , California 92545
10,000
1,000,000
3,000,000
2,000,000
1,000,000
$1,000,000
$1,000,000
2/14/2024
1-800-550-5029 770-978-2780
Fortegra Specialty Insurance Company
AXIS Insurance Company
A
Participant
Sexual Abuse
X
X
A X
Participant Accident Coverage
Excess Coverage
B Accident Medical Expense Benefit
Accident Medical Expense Deductible
300,000
1,000,000
Activities Covered: Youth Baseball Eff: 2/15/2024,Youth Softball Eff: 2/15/2024 Certificate Holder Named as Additional Insured
The City of Hemet and its officers, officials, employees, agents and volunteers 445 E Florida Ave
Hemet, California 92543
[email protected]
X
X
KSG1000001-01-C21966 2/15/2025
12:01 AM
2/15/2025
12:01 AM
2/15/2025
12:01 AM
SRPOAGI-ESA201890
KSX-1000001-01-C70535
Coverage is provided under this policy for sponsored and supervised activities of the named insured for which a premium has been paid. 2/15/2024
12:01 AM
2/15/2024
12:01 AM
2/15/2024
12:01 AM
X
Y
$25,000
$250
X
# 16823
# 37273





 



 



22.B.

00091753.1

FIRST AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION

AND

H
EMET LITTLE LEAGUE BASEBALL & SOFTBALL INC.

A CALIFORNIA NONPROFIT CORPORATION

DATED: MARCH 26, 2025









 




 

22.B.

00091753.1 Page | 1

FIRST AMENDMENT TO AGREEMENT

This First Amendment to the License Agreement for use of Brubaker Park Baseball Complex is made and entered into as of this 26th day of March, 2025, by and between the City of Hemet (“City”), a California municipal corporation and Hemet Little League Baseball & Softball Inc., a California nonprofit corporation (“ Licensee”). City and Licensee are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Licensee entered into an agreement entitled “ License Agreement for Use of Brubaker Park Baseball Complex” dated February 26, 2024 (“Agreement”) for the purpose of the Licensee to exclusively use Brubaker Park Baseball Complex.

B. Pursuant to Section 19 of the Agreement, the Parties desire to amend the Agreement to extend the term and increase the Licensee’s proportional not to exceed total of Capital Improvements and Repairs over the full term of the License Agreement.

C. Section 3 of the Agreement provides that the Term of the Agreement is through June 30, 2029 with the option to extend for a subsequent five (5) year period upon request.

D. This First Amendment amends Section 3 of the Agreement to provide that the Term of the Agreement is extended for 6 years through June 30, 2035 with the option to extend for an additional subsequent five (5) period.

E. Section 5(b) of the Agreement provides that the Licensee shall pay its proportional share of the Capital Improvements and Repairs which are hereby agreed to be fifty percent (50%), but shall not exceed a total of Twenty-Five Thousand Dollars ($25,000) over the initial term of this License Agreement.

F. This First Amendment amends Section 5(b) to provide that the Licensee shall pay its proportional share of the Capital Improvements and Repairs which are hereby agreed to be fifty percent (50%), but shall not exceed a total of Fifty Thousand Dollars ($50,000) over the term of this License Agreement. Licensee shall pay an additional share towards the capital repairs or improvements if the option five (5) year extension period is exercised.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:








 




 

22.B.

00091753.1 Page | 2

1.1 [TERM OF LICENSE]. Section 3 of the Agreement is hereby amended as follows:

Unless terminated pursuant to the terms of this Agreement, this License Agreement shall expire on June 30, 2035. The term of this License may be extended for a subsequent five (5) year period upon request by the Licensee on or before February 1, 2035 and approval by the City Council prior to expiration.

1.2 [COMPENSATION]. Section 5(b) of the Agreement is hereby amended as follows:

Should it become necessary to make any capital repairs or improvements to the common buildings (restrooms/snack shack) of the Premises, including roof or plumbing repairs or replacement, Licensee shall pay its proportional share of those costs which is hereby agreed to be fifty percent (50%), but shall not exceed a total of Fifty Thousand Dollars ($50,000) over the initial term of this License Agreement. Licensee shall pay an additional share towards the capital repairs or improvements if the optional give (5) year extension period is exercised. In the event that the cost of any capital repairs or improvements or exceeds five thousand dollars ($5,000), Licensee may make periodic payments of the amount in excess of five thousand dollars ($5,000) over the remaining initial term of this License Agreement. In no event shall any periodic payment be made in an amount less than five thousand dollars ($5,000) per year. The necessity of such repairs or replacements shall be determined at the sole discretion of City, which shall provide Licensee with sixty (60) days written notice of its intent to undertake any such project. City shall make all reasonable efforts to schedule repairs and replacements at dates and times that will minimize impact on Licensee's operations, which shall include consulting with Licensee prior to scheduling any such work. Licensee shall cooperate to the fullest extent reasonable with City's efforts to complete repairs or replacements. City shall invoice Licensee for its share of repair or replacement costs, which shall be paid by Licensee within thirty (30) days of the invoice date.

2. R
EMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

3. INTEGRATION. This Amendment consists of pages 1 through 4, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

4. S
EVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Licensee.









 




 

22.B.

00091753.1 Page | 3

6. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

7. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Licensee.

8. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

9. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]









 




 

22.B.

00091753.1 Page | 4

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

LICENSEE
By:

Its:









 




 


 



 


22.B.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is req uired) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, su bject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)

6(;8$/$%86($**
2/5/2026
Terry L. Green & Associates
3100 Five Forks Trickum Rd
Suite 101
Lilburn, GA 30047
1-800-550-5029 770-978-2780
[email protected]
# 16823Fortegra Specialty Insurance Company
# 37273AXIS Insurance Company
Hemet Little League
3707 W Mustang Way
Hemet, California 92545
1,000,000X 2/15/2027
12:01 AM
A KSG1000001-03-C24994 2/15/2026
12:01 AMX 300,000
10,000X Participant
1,000,000Sexual AbuseX
3,000,000
X 2,000,000
1,000,000
XA
$1,000,000KSX-1000001-03-C70678 2/15/2026
12:01 AM
2/15/2027
12:01 AMX $1,000,000
B Participant Accident Coverage SRPOAGI-ESA204722 2/15/2026 12:01 AM
2/15/2027
12:01 AM Accident Medical Expense Benefit $25,000
Accident Medical Expense DeductibleExcess Coverage $250 Coverage is provided under this policy for sponsored and supervised activities of the named insured for which a premium has been paid.

Activities Covered: Youth Baseball Eff: 2/15/2026,Youth Softball Eff: 2/15/2026 Hemet Little League
3707 W Mustang Way
Hemet, California 92545

22.B.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is req uired) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, su bject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)

6(;8$/$%86($**
2/5/2026
Terry L. Green & Associates
3100 Five Forks Trickum Rd
Suite 101
Lilburn, GA 30047
1-800-550-5029 770-978-2780
[email protected]
# 16823Fortegra Specialty Insurance Company
# 37273AXIS Insurance Company
Hemet Little League
3707 W Mustang Way
Hemet, California 92545
1,000,000X Y 2/15/2027
12:01 AM
A KSG1000001-03-C24994 2/15/2026
12:01 AMX 300,000
10,000X Participant
1,000,000Sexual AbuseX
3,000,000
X 2,000,000
1,000,000
XA
$1,000,000KSX-1000001-03-C70678 2/15/2026
12:01 AM
2/15/2027
12:01 AMX $1,000,000
B Participant Accident Coverage SRPOAGI-ESA204722 2/15/2026 12:01 AM
2/15/2027
12:01 AM Accident Medical Expense Benefit $25,000
Accident Medical Expense DeductibleExcess Coverage $250 Coverage is provided under this policy for sponsored and supervised activities of the named insured for which a premium has been paid.

Activities Covered: Youth Baseball Eff: 2/15/2026,Youth Softball Eff: 2/15/2026 Certificate Holder Named as Additional Insured
City of Hemet and its officers,officials,employees,agents and volunteers 445 E Florida Ave
Hemet , California 92543

22.B.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

KSG1000001-03-C24994
City of Hemet and its officers,officials,employees,agents and volunteers 445 E Florida Ave
Hemet California 92543

22.B.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Nathan Morin, Assistant Planner;
 Receive and File  Consent Calendar  Business Item  Public Hearing TITLE:

Second Reading and Adoption of Ordinance 2073 of the City Council of the City of Hemet, California, Amending Sections of the Hemet Municipal Code, Chapter 90 Article XLIII Art in Development, Sections 90-1501 through 90-1513 and Article XLIV. City-Initiated Art in Public Places, Section 90- 1531 through 90-1536 for Adoption of an Art in Public Places Ordinance and Program.

Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the “common sense exemption,” as it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment.

2. Waive further reading and adopt by title only Ordinance 2073 of the City Council of the City of Hemet, California, Amending Sections of the Hemet Municipal Code, Chapter 90 Article XLIII Art in Development, Sections 90-1501 through 90-1513 and Article XLIV. City-Initiated Art in Public Places, Section 90-1531 through 90-1536 for Adoption of an Art in Public Places Ordinance and Program.

3. Direct Staff to file a Notice of Exemption with the State Clearinghouse and the Riverside County Clerk.

BACKGROUND:

22.C.

The purpose of this ordinance is to adopt an Art in Public Places program and ordinance (henceforth "the Program"). The Program will establish guidelines, procedures, and standards for integrating public art into new private and public construction projects in the City of Hemet. The Program is intended to create an inclusive and culturally rich community that reflects Hemet's history, current experiences, and its future aspirations. The Program will help foster community identity through placemaking, creativity, and the human experience.

Adoption of a formal public art program will enable art installations and cultural events to be enjoyed and experienced in both indoor (e.g., Hemet Public Library) and outdoor settings, positively impacting property values, stimulating the local economy, and helping to sustain city vitality. The Program is intended to highlight community diversity, history, and future goals, supporting economic development through a vibrant cultural presence.

On January 20, 2026, the Planning Commission was presented with a work study on the Program and had the opportunity to provide comments, suggestions, and ideas for the Arts in Public Places Program and proposed Ordinance. After the presentation, the Planning Commission provided input on the Program, offering comment and suggestions for revisions. Adjustments to the Program have been made based on those suggestions by the Planning Commission.

On February 3, 2026, following a state-mandated 20-day advance public hearing notice, the Planning Commission voted unanimously (4-0) to adopt a Resolution recommending approval of the Zoning Ordinance Amendment to the City Council, subject to findings outlined in Hemet Municipal Code Section 90-41.5(a) as adopted by PC Resolution No. 2026-003. Meeting Minutes for the February 3, 2026, Planning Commission discussion for this item can be found as Item No. 7 in Attachment No. 3 of this staff report.

On February 24, 2026, following a 10-day advance public hearing notice, a first reading of the Ordinance Bill No. 2073 was considered by the City Council. At the meeting, a motion by Council Member Lodge, and a second by Council Member Peterson carried 4-1, (Mayor Pro Tem Males voted no) to find the Ordinance Categorically Exempt per CEQA Guidelines Section 15061(b)(3) the "common sense exemption", receive a report regarding the proposed Zoning Ordinance Amendment No. 2026-001, introduce by first reading an Ordinance of the City of Hemet, California, Amending Sections of Chapter 90 (Zoning) of the Municipal Code in adding Article XLIII. Art in Development, Sections 90-1501 through 90-1513 and Article XLIV. City-Initiated Art in Public Places, Section 90- 1531 through 90-1536 inclusive for Adoption of an Art in Public Places Ordinance and Program, to discuss any changes or recommendations at second reading, and allow Staff to use its authority to resolve typos.

PREVIOUS COUNCIL ACTION:

On March 10, 2026, the proposed Art in Public Places Ordinance appeared on City Council agenda as Consent Calendar item 9.C. for second reading. City Council Member Peterson pulled item 9.C. from the Consent Calendar for further discussion. Council Member Peterson requested an amendment to Ordinance Bill No. 2073 to include language that states the original purchaser should not be responsible for the replacement cost of installed public art that is vandalized, stolen, or otherwise damaged, when the need for replacement is due to the actions of a third party or an act of God. A motion by Council Member Peterson, Seconded by Council Member Lodge, Carried 4-1, (Mayor Pro Tem Males Voting No) to approve the amendment to Ordinance Bill No. 2073 and for Continuation of second reading at the next City Council Meeting scheduled for March 24, 2026. The amended text of Ordinance Bill No. 2073 is included as Exhibit A to this Staff Report.

22.C.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 3: Increase the community's pride within the City.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

Objective 2: Develop concepts and programs to enhance the quality of life services.

Objective 3: Develop programs to offer support to the community's businesses ATTACHMENT(S):

Exhibit A1 CC Ordinance for ZOA26-001 (Second Reading) 3.24.2026 Redline Exhibit A2 CC Ordinance for ZOA26-001 (Second Reading) 3.24.2026 Clean Copy Public Art Program Guidelines and Overview

22.C.

CITY OF HEMET ORDINANCE NO. 2026-2073 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2026-2073

AN ORDINANCE OF THE CITY OF HEMET AMENDING PORTION OF
THE HEMET MUNICIPAL CODE, CHAPTER 90, ADDING ARTICLE
XLIII. ART IN DEVELOPMENT, SECTIONS 90-1501 THROUGH 90-1513 AND ARTICLE XLIV. CITY-INITIATED ART IN PUBLIC PLACES,
SECTION 90-1531 THROUGH 90-1536 INCLUSIVE FOR ADOPTION OF AN ART IN PUBLIC PLACES ORDINANCE AND PROGRAM.

WHEREAS, pursuant to Government Code sections 65854 and 65855, the Planning Commission has the authority to review and make recommendations to the City Council regarding amendments to the City’s zoning ordinance; and WHEREAS, the City of Hemet desires to establish a comprehensive Art in Public Places program to integrate high-quality, permanent public art into the City's built environment, mitigate the impact of new development on the City's cultural and aesthetic infrastructure, and foster a sense of place that enhances the pedestrian experience and community identity; and
WHEREAS, the proposed ordinance establishes standards for the integration of public art through private development projects and City-initiated public art projects, including requirements for on-site artwork installation or payment of in-lieu fees to support public art throughout the City; and
WHEREAS, on January 14, 2026, the City gave a 20-day public notice by publishing notice in the Press Enterprise newspaper of the holding of a public hearing to consider Zoning Ordinance Amendment 26-001, to adopt an ordinance establishing an Art in Public Places program; and
WHEREAS, on January 20, 2026, the Planning Commission held a work study session at which Commissioners provided substantive input, comments, and recommendations regarding the proposed Art in Public Places ordinance, including but not limited to: exempting single-lot single-family residential projects not constructed by large-scale developers; clarifying that developers (not home buyers) shall pay in-lieu fees; prioritizing local community organizations for mural installations and artist selection; ensuring artwork is appropriate to location and incorporates safety standards;

22.C.

CITY OF HEMET ORDINANCE NO. 2026-2073 2
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and encouraging small-scale projects such as painting utility boxes and fire hydrants; and
WHEREAS, on February 3, 2026, the Planning Commission held the noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the proposed amendment to the City’s zoning ordinance and which the Planning Commission considered the proposed Art in Public Places zoning ordinance and voted to recommend that the City Council approve the Ordinance with recommendations to adjust the proposed in-lieu fee structure at 0.5% for residential and non-residential eligible projects; and incorporate a Cultural Heritage and Aspirations theme criteria; and
WHEREAS, the proposed Ordinance was reviewed and revised per recommendations made by the Planning Commission on February 3, 2026; and WHEREAS, the City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (“CEQA”) u nder California Public Resources Code section 21080.17 and CEQA Guidelines Section §15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect of the environment; and WHEREAS, attached as Exhibit “A” is the proposed Ordinance revised by the City Council on February 24, 2026; and
WHEREAS, on February 24, 2026, the City Council introduced and conducted a first reading of the Ordinance, incorporating the Planning Commission’s findings, and the entirety of the public record regarding Zoning Ordinance Amendment No. 26-001 at a duly noticed public hearing, at which time interested persons had an opportunity to provide testimony on this matter; and
. WHEREAS, on March 10, 2026, the City Council conducted a second reading of the Ordinance, incorporating the entirety of the public record regarding Zoning Ordinance Amendment No. 26-001 at which time the item was pulled from the Consent Calendar for further discussion and interested persons had an opportunity to provide testimony on this matter; and
WHEREAS, on March 10, 2026, the City Council directed staff to revise Zoning Ordinance Amendment No. 26-001 pertaining to owner obligations for repair or replacement of damaged or destroyed Artwork; and
WHEREAS, attached as Exhibit “A” is the proposed Ordinance revised by the City Council on FebruaryMarch 1024, 2026; and.

22.C.

CITY OF HEMET ORDINANCE NO. 2026-2073 3
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and are incorporated herein by reference.

SECTION 2: AMENDMENT TO HEMET MUNICIPAL CODE CHAPTER 90,

ARTICLE XLIII (ART IN DEVELOPMENT), ADDING PROVISIONS FOR ART IN PUBLIC SPACES as follows:
90-1501 Title; Authority; Purpose; Legislative Findings.

A. Title. This Article shall be known and may be cited as the “Art in Development” Ordinance.

B. Authority. This Article is adopted pursuant to the City’s independent police power under Article XI, Section 7 of the California Constitution to regulate land use, urban design, and the visual environment in furtherance of the public health, safety, and general welfare of the community.

C. Purpose. The purpose of this Article is to establish a formal regulatory framework for the integration of high-quality, permanent, content-neutral public art into the City’s built environment. This Article aims to:

1. Mitigate the impact of new development on the City's cultural and aesthetic infrastructure.

22.C.

CITY OF HEMET ORDINANCE NO. 2026-2073 4
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2. Foster a sense of place and enhance the pedestrian experience through superior urban design.

3. Ensure that when an applicant elects to pay a fee in lieu of on-site installation, such charges are adopted, collected, and expended in strict compliance with state law and constitutional standards.

4. Maintain the City’s cultural vitality by ensuring that public art is created by qualified professionals and preserved through enforceable long-term maintenance standards.

D. Legislative Findings. The City Council hereby finds and declares as follows:

1. Public Interest and Cultural Vitality. Public art is not merely aesthetic; it is a vital component of the City’s infrastructure that promotes economic development, attracts tourism, and enhances the mental and physical well- being of residents by creating a high-quality "sense of place" that reflects the unique history and character of the San Jacinto Valley.

2. Impact of Development. New residential and non-residential development projects increase the density of residents, employees, and visitors within the City. This growth creates a direct and measurable demand for public-realm cultural amenities and enhanced urban design to offset the increased burden on the City's visual environment and public spaces.

3. Regulatory Structure and Constitutional Compliance.

22.C.

CITY OF HEMET ORDINANCE NO. 2026-2073 5
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a. The requirement to provide on-site public art is a land-use design standard similar to landscaping, set-back, or architectural requirements, intended to ensure a project’s compatibility with the City’s aesthetic and cultural goals.
b. When an applicant elects the alternative of an in-lieu fee, that fee is imposed as a condition of development approval and shall be the responsibility of the Developer, not the ultimate purchaser or home buyer. The City Council finds that there is a clear essential nexus between the impacts of new development and the need for public art, and that the required contribution is roughly proportional to the scale, cost, and impact of the project.

4. Prop 26 and Tax Status. Any in-lieu fee collected pursuant to this Article is a charge imposed for a specific benefit conferred or privilege granted, or a charge imposed as a condition of property development, and is therefore not a tax under Article XIII C, Section 1(e)(7) of the California Constitution.

5. Mitigation of Aesthetic Blight. Failure to integrate high-quality art into significant development projects contributes to architectural monotony and aesthetic blight, which diminishes property values and the overall safety and welfare of the community.
90-1502 Definitions.

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For the purposes of this Chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

A. Administrator means the Community Development Director of the City, or such other City official as may be designated by the City Manager to oversee the daily operations of the Art in Public Places Program.

B. Art in Public Places Program (AIPPP) or "Program" means the comprehensive regulatory and administrative framework established by this Chapter to facilitate the selection, acquisition, placement, and maintenance of Artwork within the City.

C. Art in Public Places (AIPP) Fund means a segregated, interest-bearing special fund established by the City for the deposit and expenditure of Public Art Contributions and In-Lieu Fees. Funds shall be used exclusively for the purposes authorized in Section 90-1507.

D. Building Valuation means the total value of all construction work for which a building permit is issued, as determined by the Building Official using the most recent International Code Council (ICC) Building Valuation Data or the City’s adopted valuation tables, whichever is higher. Building Valuation shall include all structural, mechanical, electrical, and plumbing work, and permanent on-site improvements.

Specifically excluded from this definition are land acquisition costs and off-site improvement costs (e.g., public street segments or utility trunk lines). The Building

22.C.

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Official’s determination of valuation shall be final for the purposes of calculating the Public Art Contribution.

E. Capital Improvement Projects (CIP) means those public construction projects identified and funded within the City’s multi-year Capital Improvement Program budget, including but not limited to the construction of new public buildings, parks, or major infrastructure.

F. Certificate of Occupancy (C of O) means a temporary or permanent certificate issued by the Building Official authorizing the initial occupancy of a building or structure.

G. Developer means the person, corporation, partnership, or legal entity financially and legally responsible for the planning, design, and construction of a Development Project. The term "Developer" may refer to the applicant for a building permit, which may be distinct from the legal owner of the real property upon which the project is situated. For purposes of this Chapter, the Developer (not the ultimate purchaser or home buyer) shall be responsible for payment of all Public Art Contributions and In- Lieu Fees.

H. Development means the following activities, provided they meet the thresholds set forth in Section 90-1503: (1) The construction of new buildings or structures; (2) Additions to existing buildings that create net new floor area; or (3) Substantial interior or exterior remodels, rehabilitations, or improvements.

22.C.

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I. Large-Scale Residential Developer means any person, corporation, partnership, or legal entity that constructs two (2) or more single-family dwellings concurrently or sequentially within the same tract, subdivision, or development project, or any developer that constructs residential dwelling units on a commercial or production basis. This definition includes, but is not limited to, regional and national homebuilding companies.

J. Public Art / Artwork means a permanent, site-specific, and publicly viewable visual work of art created by a Qualified Artist.

1. Eligible Media: May include, but is not limited to, sculpture, murals, mosaics, earthworks, fiber works, media/light-based installations, and artist-designed functional amenities (e.g., paving patterns, benches, or water features) that possess high aesthetic quality.

2. Ineligible Items: The following are specifically excluded:
a. Mass-produced "off-the-shelf" objects or reproductions of original works; b. Decorative, ornamental, or functional elements designed by the project architect or landscape architect rather than a Qualified Artist; c. Routine landscaping or standard architectural features; and d. Commercial signage, directional graphics, or "supergraphics" that serve primarily as branding.

22.C.

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K. Public Art Contribution means the mandatory dollar amount a Developer must expend on on-site Artwork or pay to the City as an In-Lieu Fee, calculated as a percentage of the Building Valuation pursuant to Section 90-1503.

L. Public Construction Project means any City-funded construction, renovation, or improvement project, including those involving public buildings or facilities, specifically excluding those projects already categorized under the formal Capital Improvement Program.

M. Public Place means an exterior area on public or private property that is clearly visible to the general public from adjacent public property, sidewalks, or public rights- of-way.

N. Qualified Artist means a practitioner in the visual arts who: (1) Is recognized by critics and peers as a professional artist of serious intent and ability, as evidenced by a consistent history of professional exhibitions, public commissions, or gallery representation; and (2) Has demonstrated experience in the design, fabrication, and installation of permanent public art of a scale and complexity comparable to the proposed project.

This definition specifically excludes the Developer, the Developer’s employees, or the project’s lead architect or landscape architect.
90-1503 Applicability; Thresholds; Exemptions.

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A. Applicability. Except as otherwise provided in Subsection C (Exemptions), the requirements of this Article shall apply Citywide to the following:

1. Private Development: All new construction, additions, and substantial exterior rehabilitations for residential, commercial, industrial, and mixed-use projects.

2. Public Development: All City-initiated Capital Improvement Projects (CIP) and Public Construction Projects, as defined in Section 90-1502.

B. Thresholds and Contribution Rates. The Public Art Contribution shall be calculated at the time of Building Permit issuance based on the Building Valuation as follows:

1. New Residential Development (Tracts and Multi-Family): For all new residential developments, including but not limited to apartments, condominiums, and two or more single-family dwellings constructed concurrently or sequentially within the same tract or by the same Developer the contribution shall be 0.50% of the total Building Valuation.

2. Non-Residential and Public Development: For all commercial, industrial, office, mixed-use, and public construction projects, the contribution shall be 0.50% of the total Building Valuation.

C. Exemptions. The requirements of this Article shall not apply to the following:

1. Single-Lot Single-Family Construction (Individual Builders): The construction of a single-family dwelling on an individual lot where the applicant is not a Large-Scale Residential Developer. This exemption is

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intended to exclude custom homes and individual residential construction projects built by or for individual homeowners, while retaining the requirements for tract developments and projects undertaken by production homebuilders.

2. Individual Single-Family Residential (Rehabilitation or Expansion): For the rehabilitation, renovation, or expansion of an existing single-family residence.

3. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

4. Minor Accessory Structures: Construction of detached accessory structures with a floor area of less than 120 square feet (e.g., storage sheds, gazebos).

5. Interior Improvements: Tenant improvements or remodels that are strictly limited to the interior of a structure and do not involve any exterior architectural changes or modifications to the building envelope.

6. Maintenance and Repair: Ordinary maintenance, repair, or "like-for-like" replacement of existing building components that do not increase floor area or change the exterior design.

7. Emergency Work: Immediate repair or reconstruction of structures damaged by fire, flood, earthquake, or other natural disasters, provided such work is

22.C.

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necessary to protect public health and safety and is limited to restoring the structure to its pre-disaster condition.

8. Affordable Housing: Projects where 100% of the residential units are deed- restricted for "Lower Income" households, as defined by the California Department of Housing and Community Development (HCD), for a period of no less than 55 years.

9. Legal Preemption: Any project where the imposition of the Public Art Contribution is expressly preempted by state or federal law.

D. Enforcement of Compliance. Compliance with this Section is a mandatory condition of project approval.

1. Building Permit Issuance: No Building Permit shall be issued for any project subject to this Article until the Public Art Contribution has been calculated and the Developer has either paid the In-Lieu Fee or provided the security required for an On-Site Artwork path under Section 90-1506.

2. Certificate of Occupancy: No temporary or permanent Certificate of Occupancy (C of O) shall be issued, and no final building inspection shall be approved, until the Administrator certifies in writing that all requirements of this Article have been fully satisfied.

22.C.

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3. Continuing Violation: Failure to maintain On-Site Artwork as required by the recordable covenant (see Section 90-1508) shall constitute a violation of this Code, subject to the remedies set forth in Section 90-1512. 90-1504 Compliance Paths and Procedural Requirements.

To satisfy the Public Art Contribution requirement, a Developer must elect one of the following three compliance paths. This election must be made in writing at the time of the first discretionary permit application or, if no discretionary permit is required, prior to the submittal of building plans.

A. On-Site Artwork (Primary Design Standard). The Developer may elect to design, fabricate, and install qualifying Artwork on the project site or within the approved adjacent public right-of-way.

Procedural Steps:

Step 1: Concept Review. Prior to the submittal of building permit applications, the Developer shall submit a "Preliminary Art Plan" to the Administrator, detailing the proposed location, artist qualifications, and conceptual design.

Step 2: Final Art Plan Approval. Before a Building Permit is issued, the Developer must obtain approval of a "Final Art Plan," which shall include detailed structural engineering (stamped by a California-licensed engineer), a finalized budget, and a maintenance schedule.

22.C.

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Step 3: Installation and Inspection. The Artwork must be installed and inspected for compliance with the Final Art Plan prior to the request for a final building inspection.

Step 4: Acceptance. Upon verified installation and recordation of the required Maintenance Covenant (Section 90-1508), the Administrator shall issue a "Certificate of Compliance."
Financial Security: If a Developer desires a Building Permit before the Final Art Plan is approved, they must pay the full In-Lieu Fee as security. This fee shall be held by the City and refunded, without interest, only after the on-site Artwork is accepted and the Certificate of Occupancy is issued.

B. Donation of Artwork to the City Collection. In lieu of on-site installation, a Developer may propose to purchase or commission an original work of art to be donated to the City for placement on public property.

Selection Criteria: The proposed donation must be reviewed by the Committee for:

1. Quality and Provenance: The work must be an original work by a Qualified Artist.

2. Maintenance Burden: The City shall not accept any donation that imposes an unreasonable or unfunded long-term conservation cost.

22.C.

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3. Siting: The City retains absolute discretion over the final placement of donated works.

4. Transfer of Title: Title to the Artwork must be transferred to the City via a formal Bill of Sale and VARA Waiver, free and clear of all liens and encumbrances, prior to the issuance of a Certificate of Occupancy.

C. In-Lieu Fee Payment. The Developer may elect to satisfy the Public Art Contribution by paying a fee into the AIPP Fund.

1. Calculation and Timing: The fee is calculated based on the Building Valuation at the time of permit issuance. Payment must be made in full as a condition of Building Permit issuance.

2. Use of Pooled Funds: Fees paid into the AIPP Fund may be pooled with other Public Art Contributions to fund high-impact, publicly sited projects, cultural facilities, or the City's own "Signature Projects" (as defined inSection 90-1501) regardless of their proximity to the Developer's project site. Priority consideration may be given to mural projects along Florida Avenue and in the Downtown area, and to projects that involve local community organizations.

3. Administration Fee: A portion of the In-Lieu fee, as set by City Council resolution, may be allocated to cover the reasonable costs of administering the Art in Public Places Program.
90-1505 In-Lieu Fee Adoption.

22.C.

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The specific dollar amounts, percentage rates, and administrative fee schedules necessary to implement the requirements of this Article shall be established by City Council Resolution. The City Council may, from time to time, amend such resolution to ensure that the Public Art Contribution remains commensurate with the cost of providing cultural infrastructure and the impacts of development. 90-1506 Timing; Collection; Deferral; and Security.

A. Calculation and Collection of Public Art Contribution.

1. Timing of Calculation: The Public Art Contribution shall be calculated by the Building Official at the time of building permit application based on the Building Valuation defined in Section 90-1502.

2. Timing of Payment: Except as provided in Subsection C (Deferral), the full Public Art Contribution (In-Lieu Fee) shall be paid to the City prior to the issuance of any building permit for the Development Project.

3. Condition Precedent: Payment of the fee, or the provision of approved security under the On-Site path, is a condition precedent to the issuance of a building permit.

B. On-Site Compliance and Refund Mechanism. If a Developer elects the On-Site Artwork path (Section 90-1504.A) but chooses to pay the In-Lieu Fee to allow the building permit to be issued immediately, the following refund procedure shall apply:

22.C.

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1. Security Deposit Treatment: The paid In-Lieu Fee shall be held by the City as a cash security deposit to ensure the completion and installation of the Artwork.

2. Refund Eligibility: The Developer shall be eligible for a full refund of the security deposit, without interest, only after:
a. The Administrator has issued a formal "Acceptance of Artwork" certificate;
b. The Maintenance Covenant and Public Access Easement have been recorded; and
c. A permanent Certificate of Occupancy has been issued.

3. Forfeiture: If the Artwork is not installed and accepted within [180] days of the issuance of the Certificate of Occupancy, the security deposit shall be automatically transferred into the AIPP Fund, and the project shall be deemed to have complied via the In-Lieu Fee path.

C. Deferral of Installation and Financial Security. In exceptional circumstances, the Administrator may allow the issuance of a Certificate of Occupancy prior to the final installation of On-Site Artwork, provided the Developer provides financial security to the City.

1. Form of Security: Security shall be in the form of a performance bond, an irrevocable letter of credit, or a cash deposit, in a form approved by the City Attorney.

22.C.

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2. Amount of Security: The security shall be in an amount equal to one hundred fifty percent (150%) of the Public Art Contribution. This increased amount is intended to cover inflationary costs of fabrication and City administrative overhead should the City be forced to complete the installation.

3. Completion Deadline: The Artwork must be installed and accepted no later than 120 days following the issuance of the Certificate of Occupancy.

Failure to meet this deadline shall authorize the City to draw upon the security to fund a comparable public art project elsewhere in the City.

D. Enforcement Holds and Remedies. The City shall utilize the following "Stop Points" to ensure strict compliance:

1. Inspection Holds: The Building Official shall withhold "Final Inspection" approval for any project that has not satisfied the requirements of this Chapter.

2. Certificate of Occupancy Holds: No temporary or permanent Certificate of Occupancy shall be issued for any portion of a Development Project until the Administrator certifies that the Public Art Contribution has been satisfied.

3. Permit Revocation: Non-compliance with the terms of an approved Art Plan or a recorded Maintenance Covenant shall be grounds for the revocation of any related land-use permits or business licenses.

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90-1507 Use of Funds (AIPP Fund).

A. Establishment of Fund. All In-Lieu Fees and Public Art Contributions collected pursuant to this Chapter shall be deposited into the Art in Public Places (AIPP) Fund.

This fund shall be a segregated, interest-bearing account, and all interest earned shall accrue to the benefit of the Program.

B. Eligible Expenditures. Monies in the AIPP Fund shall be expended solely for the following "Capital-Eligible" and "Programming" purposes:

1. Public Art Projects: The design, acquisition, fabrication, and installation of Artwork on City-owned property or within the public right-of-way, including murals, sculptures, and small scale community art projects such as painted utility boxes, fire hydrants, and similar public amenities. Priority consideration may be given to mural projects along Florida Avenue and in the Downtown area.

2. Site Preparation: Capital-eligible site work directly required for the installation of Artwork, including but not limited to specialized lighting, structural pads, landscaping integral to the art, and seismic anchoring.

3. Conservation and Maintenance: The repair, cleaning, and professional conservation of Artworks within the City’s permanent collection to ensure their long-term structural and aesthetic integrity, including anti-vandalism treatments and protective coatings.

22.C.

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4. Cultural Programming & Civic Events: A portion of the annual AIPP Fund revenue, not to exceed 15%, may be used for City-sponsored temporary art installations, "Civic Arts Events" (e.g., Chalk Art or Sand Art Festivals), and art competitions designed to foster community engagement and public participation in the arts.

5. Administrative Costs: A portion of the AIPP Fund, not to exceed [10%], may be used to cover the City’s reasonable costs in administering the Program, including staff time, consultant fees for technical reviews, and the development of administrative guidelines.

6. Community Engagement: Expenses related to public outreach, calls for artists, and community unveiling events specifically related to new installations funded by the Program. Priority consideration may be given to providing local community organizations with opportunities for artist selection and mural installation.

C. Pooling and Geographic Flexibility.

1. Pooling of Funds: The City may pool Public Art Contributions from multiple Development Projects to fund larger, higher impact "Signature Projects" or to acquire significant works for the City’s permanent collection.

2. Off-Site Expenditures: In accordance with the legislative findings in Section 90-1501, the City is not required to spend an In-Lieu Fee within the immediate vicinity of the project that generated it. Funds may be spent at

22.C.

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any location within the City where the Administrator determines that the placement of public art will provide the greatest community-wide cultural benefit.

D. Prohibitions.

1. Self-Funding Prohibited: No portion of a Developer's In-Lieu Fee may be used to purchase or fund the specific Artwork required for that Developer’s own project.

2. Non-Art Infrastructure: Funds shall not be used for general City infrastructure, routine park maintenance, or architectural features that do not meet the definition of "Artwork" under Section 90-1502.

3. Operation and Salaries: Except for the designated administrative percentage, funds shall not be used for general City operating expenses or permanent City staff salaries.
90-1508 Artwork Eligibility; Location; Ownership; and Maintenance.

A. Eligible Artwork Components. To qualify as Artwork under this Chapter, the proposed work must be a permanent, original work of art created by a Qualified Artist that possesses a high level of artistic quality and craftsmanship. Eligible components include, but are not limited to:

1. Sculpture: Three-dimensional works in any durable material or combination of materials (e.g., stone, metal, glass, or plastic).

22.C.

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2. Murals: Two-dimensional works applied directly to or integrated into an exterior wall surface, including mosaics and fresco. Priority consideration may be given to mural projects along Florida Avenue and in the Downtown area, and to murals created by or in partnership with local community organizations.

3. Integrated Amenities: Artist-designed elements that serve a functional purpose but are unique and site-specific, such as streetscape furniture, paving patterns, artist-designed lighting, wayfinding, water features, and landscape art.

4. Media and Light Works: Installations utilizing light, sound, or digital media, provided they are designed for permanent exterior installation and are not primarily commercial in nature. Such installations should be located appropriately based on the surrounding context, with careful consideration given to placement in high-traffic areas versus parks or lower-traffic locations.

5. Small-Scale Community Projects. Painted utility boxes, fire hydrants, traffic signal cabinets, and similar public infrastructure elements that are transformed into works of art by Qualified Artists or through community art programs.

B. Ineligible Components and "Loophole" Exclusions. The following items do not satisfy the Public Art Contribution requirement:

22.C.

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1. Mass-Produced Objects: "Off-the-shelf" items, reproductions of original works, or garden-variety ornaments not created by a Qualified Artist specifically for the project.

2. Standard Architectural/Landscape Features: Features that are part of the project’s routine architectural design or required landscaping (e.g., standard decorative cornices, pavers, or trees), unless they are demonstrably the work of a Qualified Artist and exceed standard design requirements.

3. Commercial Branding: Any element that includes logos, trademarks, branding, or "supergraphics" used for commercial advertising or directional purposes.

4. Incompatible Materials: Works created with materials prone to rapid deterioration or that require an unreasonable level of maintenance (e.g., non-galvanized metals in coastal environments or non-UV-rated plastics).

C. Location and Siting Standards.

1. Visibility: Artwork must be located in a Public Place (as defined in Section 90-1502). It must be clearly visible and, where appropriate, accessible to the general public from the adjacent public right-of-way or public property.

2. Safety and Clearance: Artwork shall not:
a. Interfere with traffic safety "sight distance" triangles; b. Obstruct the "path of travel" as defined by the Americans with Disabilities Act (ADA); or

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c. Interfere with the operation or maintenance of public or private utilities. d. Context-Appropriate Placement. The location of artwork shall be appropriate to the type of installation and surrounding context. For example:

1. Installations utilizing hologram art, digital media, or other visually dynamic or potentially distracting elements should be located away from high-traffic streets and arterials, and instead sited in parks, plazas, or lower-traffic pedestrian areas where they can be safely appreciated;

2. Large-scale or monumental works should be located where they can be viewed from appropriate distances without creating visual clutter or traffic hazards.

3. Materials Appropriate to Location. All artwork shall be constructed of materials appropriate to the specific site conditions and environmental context, including but not limited to:
a. In areas designated as High or Very High Fire Severity Zones, artwork shall be constructed of non-flammable or fire-resistant materials; b. In areas subject to high winds, seismic activity, or extreme weather, artwork shall be engineered and anchored to withstand such conditions; c. All materials shall be UV-resistant and suitable for prolonged outdoor exposure in Southern California's climate.

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4. For properties located within the Scenic Highway Overlay District or subject to Scenic Highway Corridor setback requirements, public art installations shall be incorporated into the overall site design in a manner that enhances the scenic character of the corridor. Such installations shall be reviewed for compatibility with adopted scenic corridor design guidelines and shall not detract from natural viewsheds or create visual clutter.

5. Lighting: All Artwork must be provided with dedicated, artist-integrated lighting to ensure visibility during evening hours, unless the Administrator determines lighting is inappropriate for the specific medium.

D. Ownership, Easements, and Maintenance.

1. Ownership and Transfer: Artwork installed on private property shall be the property of the Developer or subsequent Property Owner. Ownership and the obligation to maintain the Artwork shall automatically transfer with the title to the real property.

2. Recorded Maintenance Covenant and Easement: Prior to the issuance of a Certificate of Occupancy, the Property Owner shall execute and record a Maintenance Covenant and Public Art Access Easement, in a form approved by the City Attorney. This document shall:
a. Grant the City a perpetual easement for public viewing of the Artwork; b. Obligate the Property Owner to clean, repair, and maintain the Artwork in its original approved condition against deterioration resulting from

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normal wear and tear, the Owner's own actions or neglect, or the Owner's failure to perform routine maintenance. The Owner shall not be required to repair or replace Artwork that is damaged or destroyed by vandalism, acts of God, or the intentional or negligent acts of third parties, provided that the Owner was not at fault and had complied with all routine maintenance obligations; and
c. Grant the City the right (but not the obligation) to enter the property to perform necessary repairs if the Owner fails to do so, with the costs thereof becoming a lien upon the property.

3. VARA and CAPA Compliance: The Property Owner shall be responsible for ensuring that all contracts with Qualified Artists include appropriate waivers of "moral rights" under the Visual Artists Rights Act (VARA) and the California Art Preservation Act (CAPA) to allow for the City-sanctioned relocation or removal of the work if it becomes a threat to public safety.

E. Removal or Alteration.

1. City Approval Required: Once accepted and installed, no Artwork may be removed, relocated, or materially altered without the prior written approval of the City Council.

2. Remedy for Unauthorized Removal: If an Artwork is removed or destroyed without City authorization, the Property Owner shall be required to:

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a. Replace the Artwork with a piece of equal or greater valuation, as approved by the Committee; or
b. Pay an amount to the AIPP Fund equal to the original Public Art Contribution plus an inflationary adjustment based on the CPI. b.c. The Owner shall not be required to replace Artwork that is stolen, provided that the Owner had complied with all reasonable obligations to protect the Artwork.

3. Decennial Review and Deaccessioning: To ensure that Artwork remains compatible with the evolving site context, architectural standards, and the City’s long-term aesthetic goals, the Property Owner may request a formal review of the Artwork’s status.
a. Timing of Request. No such request shall be accepted or processed until the Property Owner has paid an application fee, if any, set by Council resolution and at least ten (10) years have elapsed from the date of the issuance of the original Certificate of Compliance for the Artwork.

Following this initial ten-year period, the Property Owner may submit a request for review at any time, provided that no more than one (1) such request may be filed for the same Artwork within any twelve (12) month period.
b. Standards for Removal or Relocation. The City Council may authorize the removal or relocation of the Artwork if the Property Owner

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demonstrates that: (1) the Artwork has reached the end of its functional life or requires significant repairs; (2) the redevelopment or substantial remodeling of the project site renders the current location of the Artwork physically or aesthetically untenable; or (3) the City Council may, in the exercise of its legislative and aesthetic discretion, authorize the removal or relocation of the Artwork if it finds that the work is no longer compatible with the City’s desired community character, the evolving architectural identity of the project site, or the visual environment of the surrounding neighborhood. Such a finding may be based on the Council’s subjective evaluation of the Artwork’s ongoing contribution to the public realm and its harmony with the current aesthetic goals of the community, regardless of whether the Artwork violates any specific or codified design standard.
90-1509 Submittal; Review; and Approval Process.

A. Public Art Plan Requirements. For all projects electing the On-Site compliance path, the Developer must submit a comprehensive Public Art Plan to the Administrator. The Plan shall be submitted in two phases (Preliminary and Final) to ensure coordination with the project's overall design. The Public Art Plan shall include, at a minimum:

1. Artist Qualifications: A resume and portfolio of the Qualified Artist, demonstrating experience with projects of similar scale and complexity.

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2. Conceptual Design: Schematic drawings, 3D renderings, or models showing the scale, color, and materials of the proposed Artwork. Where appropriate, the design should reflect or complement the history, heritage, and cultural character of the San Jacinto Valley.

3. Site Plan: A detailed site plan showing the exact location of the Artwork, including visibility from the public right-of-way, proposed lighting, and landscaping. The site plan shall demonstrate compliance with siting standards in Section 90-1508.C, including context-appropriate placement and materials appropriate to location.

4. Budget Verification: A certified budget prepared by the Artist or Developer, including artist fees, fabrication costs, transportation, installation, and specialized insurance.

5. Technical Specifications: A description of the materials used, focusing on durability, UV resistance, and anti-graffiti coatings.

6. Structural Integrity: For sculptures or large-scale works, preliminary structural calculations or a letter from a California-licensed structural engineer confirming the feasibility of the installation.

7. Maintenance Plan: A detailed schedule for routine cleaning and professional conservation, including anti-vandalism measures.

B. Review and Approval Authority.

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1. Administrative Review: The Administrator shall review the Public Art Plan for technical compliance with this Chapter, including safety, siting, materials appropriate to location, and artist qualifications.

2. Committee Review (Planning Commission): The Planning Commission, acting as the Art in Public Places Committee, shall review the proposed Public Art Plan for aesthetic compatibility with the surrounding environment and consistency with the City's design goals and General Plan, and appropriateness to the cultural character of the community. The Committee’s review shall be advisory to the City Council.

3. Final Approval:
a. Minor On-Site Projects: For projects where the Public Art Contribution is less than $50,000, the Administrator is authorized to issue final approval. b. Major On-Site Projects: For projects where the Public Art Contribution exceeds $50,000, the City Council, after receiving a recommendation from the Planning Commission, shall have final approval authority.

4. Standard of Review: Review shall be conducted in a content-neutral manner, focusing on the quality of materials, scale, professionalism of the artist, and consistency with the City’s aesthetic and cultural goals rather than the artistic message or viewpoint.

C. Process Coordination. To avoid development delays, the public art review process shall run concurrently with the standard entitlement and design review process.

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1. Preliminary Plan: Should be submitted with the initial application for a Discretionary Permit or Design Review.

2. Final Plan: Must be approved prior to the submittal of construction documents for a building permit.

3. Modifications: Any material change to an approved Public Art Plan (e.g., change in artist, material, or location) requires a formal amendment approved by the Administrator.

D. Selection Methods. The Developer may utilize any of the following selection methods, provided the process results in the selection of a Qualified Artist as defined in Section 90-1502:

1. Open Competition: A public call for portfolios or proposals.

2. Limited Invitational: Soliciting proposals from a pre-selected list of professional artists.

3. Direct Purchase: The purchase of an existing, original work of art (e.g., from a gallery or studio), provided it meets the site-specific and durability requirements of this Chapter.

4. Community Partnership: Partnership with local community organizations for artist selection and artwork installation. The City may give priority consideration to proposals that involve local community organizations in the selection and creation process.
90-1510 Alternatives; Waivers/Adjustments.

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A. Alternative Compliance Methods. The Administrator or City Council may authorize an alternative compliance method if the Developer demonstrates that on-site installation is technically infeasible or that an alternative provides a superior community benefit. Authorized alternatives include:

1. Off-Site Installation. Installation of Artwork on a City-approved site within the public right-of-way or on other public property within the City. The Developer shall remain responsible for all costs of design, fabrication, and installation, as well as a pre-paid maintenance endowment if the City assumes ownership.

2. Cultural Facility Improvements. The construction of, or significant capital contribution to, a permanent cultural facility (e.g., a gallery, theater, or museum space) that is open and accessible to the general public. Such facility must be of equal or greater value than the required Public Art Contribution.

3. Restricted Donation. A donation to the City’s permanent art collection of a pre-existing work of significant historical or cultural value, subject to the review and acceptance criteria set forth in Section 90-1504.

B. Constitutional Waiver and Adjustment.

1. Application for Relief. An applicant for a Development Project may apply for a waiver, reduction, or adjustment of the requirements of this Chapter. Such