Lake Elsinore City Council
April 28, 2026

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Barbara Leibold, City Attorney
Date: April 28, 2026
Subject: Exclusive Negotiation Agreement with C & C Development Co., LLC Recommendation
Approve and authorize the City Manager to execute an Exclusive Negotiation Agreement (ENA) with C & C Development Co., LLC in such final form as approved by the City Attorney.

Background
C & C Development Co., LLC (“Developer”) and City have engaged in negotiations for a Disposition, Development and Loan Agreement (“DDLA”) for the Developer’s acquisition and development of approximately 3.46 acres of City owned real property (APNs 374-062-004, - 005, -006, -015, -016, -020, and -024) located on the west side of N. Spring Street between Pottery Street and Flint Street (“Spring and Flint Site”) as an affordable housing project.

In the interim, the City has also entered into a Purchase and Sale Agreement for the acquisition of additional parcels located at the southwest corner of N. Spring Street and Pottery Street (APNs: 374-072-012, -014, -015, -016, -013, and -024) and a Purchase and Sale Agreement for the acquisition of APN 374-072-013 (the “-013 Property”) (collectively, the “Spring and Pottery Site”).

C & C Development Co., LLC

Following additional discussions with the Developer, City staff proposed evaluating the feasibility of combining the Spring and Flint Site with the Spring and Pottery Site (the “Combined Site”) to enhance the production of affordable rental units and amenities to serve and support project residents as well as businesses and visitors in the downtown area. The Developer concurred with exploring the feasibility of a Combined Site project.

Discussion
The proposed ENA is intended as a starting point for negotiations and evaluation of the Combined Site by the City and the Developer. Neither the City nor the Developer have agreed to or committed itself to move forward with the Combined Site project.

However, assuming the continued feasibility of the Combined Site project, the City and Developer (or an entity formed by the Developer) would negotiate the terms of a Disposition, Development and Loan Agreement for the Combined Site along with any ancillary documents (the “Definitive Agreement”) to enable the Developer to develop the Combined Site project.

The preparation and submittal of any land use applications, subdivision or parcel maps, conditional use permit, density bonus, plan check applications, building permits, or other land use entitlement activities would be the responsibility of Developer. In the event that negotiations for development of the Combined Site fail, the City and Developer will negotiate in good faith to finalize the DDLA for the Spring and Flint Site for presentation to the City Council.

The period for exclusive negotiation is one-year and may be extended by the City Manager for an additional six months, assuming that substantial progress is being made towards the Definitive Agreement. The Developer has also agreed to deposit $20,000 with the City, which will be used towards the purchase the -013 Property. In the event the City fails to acquire the -013 Property within thirty (30) days of the execution of the ENA, the City will return the deposit to Developer and the ENA will terminate. In the event the City acquires the -013 Property and the parties enter into a Definitive Agreement, the City will credit the deposit amount towards the payment of future City permit fees for the project
Fiscal Impact
None at this time. The Developer will contribute $20,000 toward funding for acquisition the - 013 Property.

Attachments
Attachment 1 – Exclusive Negotiations Agreement
Attachment 2 – Combined Project Site Map
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EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (“Agreement”) is dated for the purposes of identification only as of April 28, 2026 (the “Date of Agreement”), by and among the CITY OF LAKE ELSINORE, a municipal corporation (“City”), C & C DEVELOPMENT CO., LLC, a California limited liability company (“Developer”). City and Developer are each individually referred to as a “Party” and collectively as the “Parties.”

R E C I T A L S
The following recitals are a substantive part of this Agreement.

A. Developer and City have engaged in negotiations of a Disposition, Development and Loan Agreement (“DDLA”) for the Developer’s acquisition and development of approximately 3.46 acres of City owned real property (APNs 374-062-004, -005, -006, -015, -016, -020, and -024) located on the west side of N. Spring Street between Pottery Street and Flint Street (“Spring and Flint Site”) as an affordable housing project.

B. City has entered into a Purchase and Sale Agreement for the acquisition of additional parcels comprised of approximately ____ acres located at the southwest corner of N. Spring Street and Pottery Street (APNs: 374-072-012, -014, -015, -016, -013, and -024) and a Purchase and Sale Agreement for the acquisition of APN 374-072-013 (the “-013 Property”) (collectively, the “Spring and Pottery Site”).

C. Prior to the completion of the DDLA for the Spring and Flint Site, the Parties mutually desire to evaluate the feasibility of combining the Spring and Flint Site with the Spring and Pottery Site (the “Combined Site”) to enhance the production of affordable rental units and amenities to serve and support project residents as well as businesses and visitors in the downtown area (the “Project”). This Agreement is intended solely as a starting point for negotiations and evaluation by the Parties and neither Party has agreed to or committed itself by this Agreement to move forward with the Project on the Combined Site as described herein, or at all.

D. The City and Developer, or a new entity to be formed which includes Developer, or entities under the control of or related to Developer (referred to collectively herein as the “Developer”), desire to negotiate the terms of a Disposition, Development and Loan Agreement for the Combined Site (collectively, along with other instruments and covenants to be negotiated in connection therewith, the “Definitive Agreement”) to enable the Developer to develop the Project at the Combined Site. The preparation and submittal of any land use applications, subdivision or parcel maps, conditional use permit, density bonus, plan check applications, building permits, or other land use entitlement activities would be the responsibility of Developer at its cost. In the event that negotiations for development of the Combined Site fail, the Parties will negotiate in good faith to finalize the DDLA for the Spring and Flint Site for presentation to the City Council after termination of this Agreement.

E. Based upon its review to date, and although design, price, rent and financial structure have not been determined, the Developer believes that development of the Combined Site is feasible and that any financing proposed to be obtained by the Developer is obtainable. Accordingly, the City is entering into this Agreement and is thereby affording the Developer the valuable opportunity to negotiate the terms of the Definitive Agreement for a limited period of time as set forth herein. The willingness of the City to enter into this Agreement is based upon: (i) assurances by the Developer that the Developer is experienced in the development and operation of high quality affordable -2-
residential projects, (ii) the desirability of accomplishing the development of the Project consistent with the City’s affordable housing production goals and downtown development concepts, and (iii) the agreement and acknowledgment that the Developer shall be subject to the normal entitlement process of the City in connection with the development of the Combined Site subject to the discretion of the City Council of the City, and that the outcome of any application for the Project may not be predetermined.

F. The Parties intend that during and for the period of negotiations set forth herein (the “Negotiation Period”) each will perform certain actions and responsibilities under this Agreement.

NOW, THEREFORE, the Parties mutually agree as follows:

1. Exclusive Agreement to Negotiate.
(a) Required Actions.
(1) Within one hundred eighty (180) days from the Date of Agreement, Developer shall submit to the City a “Preliminary Development Concept Package,” consisting of the following in addition to an initial project pro forma:
(A) a development proposal generally describing the
improvements, including all development activities proposed to be undertaken in connection with the Project, including a proposed phasing plan that may provide for development of the Spring and Flint Site and the Spring and Pottery Site in separate phases; (B) the identification of the operator or manager of the affordable housing project proposed to be developed on the Combined Site; (C) the identification of potential funding sources, if any, to which Developer has made or will make application as to the proposed development of the Combined Site during the Negotiation Period;
(D) identification of the architect proposed to be used by the Developer for the Project and the entity which will be responsible for on-site management (if other than the Developer);
(E) a statement describing the proposed method of financing, including construction and permanent financing and, if applicable, proposed credit enhancement, the person(s) or companies the Developer expects to provide debt financing or equity, if known, and, if available, the provider of credit enhancement (if applicable), are to be identified by the Developer. It is contemplated that there will be private financing of the Project to be developed on the Combined Site. It is further contemplated that Developer will apply for either 4% or 9% tax credits and other financing sources such as AHSC, AHP, MHSA, and other financing sources to enhance the economic viability of the development of the Combined Site as contemplated herein; (F) a comprehensive draft construction and operation pro forma which identifies all sources and uses of funds including without limitation design of the Project and supporting infrastructure and which includes with reasonable particularity proposed funding sources. The City will provide information to Developer regarding the amount of Low and Moderate Income Housing Asset Funds (“LMIHAF”) that may be available for the Project. In the event any funding by City is requested, Developer acknowledges that any such requests are subject to appropriation decisions by the City Council following conduct of a financial gap analysis to be performed by City or consultants retained -3-
by City for such purpose to determine if provision of funds is warranted and, if so, in what amount; (G) a proposed timeline which includes the submittal for any required allocation for tax credits and/or bonds; and
(H) identification of one or more candidates for the proposed Project Manager, if known.
(2) Within two hundred seventy (270) days from the Date of Agreement, the Developer shall submit a substantially final form of Definitive Agreement that is satisfactory to the City and includes a timeline for submittal of necessary entitlement applications, including Site Plan, Floor Plan and Architectural and Conceptual Landscape Plans, which shall include site amenities including but not limited to: (i) indoor and outdoor amenities; (ii) functional open space; and (iii) parking. In addition, the submittal shall include: (A) an updated pro forma addressing detailed development and operational costs; (B) a draft social services and educational/employment training services plan, which shall include a description of all such services, the entity or entities which will deliver the proposed services, the cost to deliver such services, and the method by which Developer will pay for such services; and (C) a time line with the proposed commencement and completion of construction and the availability of rental units.
(3) During the three hundred sixty-five (365) days from the Date of Agreement, the Parties will continue to negotiate toward the execution within the Negotiation Period of a Definitive Agreement for the development of the Combined Site consistent with the Preliminary Development Concept Package and addressing each and every item that may arise during negotiations.

During the term of the Negotiating Period, the City will negotiate exclusively with Developer concerning the Combined Site. If a Definitive Agreement is signed, it shall supersede this Agreement. (b) Term. The term of the Negotiation Period shall commence on the Date of Agreement and continue for three hundred and sixty-five (365) days thereafter. As of the three hundred and sixty fifth (365th) day after the Date of Agreement, this Agreement shall automatically terminate unless this Agreement has been mutually extended by the City and the Developer. The City Manager of the City (the “City Manager”) is authorized to administratively extend the Negotiation Period up to three times for ninety (90) days, for an aggregate of a maximum of two hundred and seventy (270) days; any such extension shall be made in writing prior to expiration of the Negotiation Period to be effective. If such an administrative extension is not granted, then the Negotiation Period shall end and this Agreement shall automatically terminate, unless extended by action by the City Council.

Notwithstanding the foregoing, if a Definitive Agreement is entered into between the City and the Developer, this Agreement shall be deemed terminated upon the approval of the Definitive Agreement by the City.
(c) Agreement to Negotiate. The City (by and through its staff and consultants) and Developer agree that for the term of the Negotiation Period (whether said period expires or is earlier terminated by the provisions herein) each Party shall negotiate diligently and in good faith to carry out its obligations under this Agreement. The Developer acknowledges that the City intends to acquire title to the 013 Property. The Developer expressly agrees and acknowledges that its rights pursuant to this Agreement are subject to and based upon compliance by the Developer with this Agreement (including without limitation the making of all submittals required in conformity with this Agreement).
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(d) Supplemental Progress Reports. In addition to the information required in the foregoing portion of Section 1, for so long as this Agreement remains in effect Developer agrees to make monthly written reports to the City Manager or his designated representatives of the City advising the City on all matters and all studies being made.
(e) Developer Deposit. Within five (5) business days of its execution hereof, Developer shall deposit Twenty Thousand Dollars ($20,000) (the “Developer Deposit”) with the City, which shall be contributed to the purchase the 013 Property. In the event the City fails to acquire the 013 Property within thirty (30) days of the execution of this Agreement by the Parties, City shall return the Developer Deposit to Developer, and this Agreement shall terminate. In the event the City acquires the 013 Property and the Parties enter into a Definitive Agreement in accordance herewith, City shall credit the amount of the Developer Deposit to payment of future City permit fees for the Project.

2. No Predetermination of City Discretion. The Parties agree and acknowledge that nothing in this Agreement in any respect does or shall be construed to affect or prejudge the exercise of the City’s discretion. The Developer acknowledges in this regard that the feasibility of the Project has not been determined, and further that, at the discretion of the City, an environmental review will be prepared and circulated for comment by the City. Further, nothing in this Agreement in any respect does or shall be construed to affect or prejudge the City’s discretion to consider, negotiate, or undertake the acquisition and/or development of any portion of the Combined Site, or shall affect the City’s compliance with the laws, rules, and regulations governing land uses, environmental review, or disposition of the Combined Site.

3. Environmental and Other Requirements. Certain state and local environmental requirements (including, but without limitation, the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq.) may be applicable to the Project. Pursuant to such requirements, certain environmental documents may be required to be prepared and certified for the Project. The City, by this Agreement, undertakes no obligation to pay any costs associated with such environmental documents nor to supply data and information both to determine the impact of the development on the environment and to assist in the preparation of any necessary environmental documents. In the event the City makes any documents available to the Developer concerning the Combined Site, these shall be deemed to have been provided without warranty.

4. Costs and Expenses. Except as otherwise provided in this Agreement, each Party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with the performance of its obligations under this Agreement.

5. No Change in Developer or its Constituent Members. The qualifications of the Developer are of particular interest to the City. Consequently, except with respect to an assignment to the New Developer, no person or entity, whether a voluntary or involuntary successor of Developer, shall acquire any rights or powers under this Agreement nor shall the Developer assign all or any part of this Agreement to any party other than the Developer without the prior written approval of the City, which approval the City may grant, withhold, condition, or deny at its sole and absolute discretion.

Any other purported transfer, voluntarily or by operation of law, shall be absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee.

6. Lead Negotiators. The City Manager, or his designee, shall be the lead negotiator for the City with respect to the subject matter of this Agreement; provided, however, that the City reserves its rights to consider and approve or disapprove any Definitive Agreement. Todd Cottle shall be the lead negotiator(s) for the Developer with respect to the subject matter of this Agreement. -5-

7. Non-Discrimination. Developer shall not discriminate against nor segregate, any person, or group of persons on account of sex, race, color, marital status, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Combined Site, nor shall the Developer establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.

8. Address for Notices. Any notices pursuant to this Agreement shall be in writing and sent (i) by Federal Express (or other established express delivery service which maintains delivery records), (ii) by hand delivery, (iii) by certified or registered mail, postage prepaid, return receipt requested, or (iv) by electronic mail (email), to the following addresses:

To City: City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attention: City Manager
with copies to: Leibold, McClendon & Mann, P.C.
9841 Irvine Center Drive, Suite 230
Irvine, California 92618
Attn.: Barbara Leibold
To Developer: C & C Development Co., LLC
14211 Yorba Street, Suite 200
Tustin, CA 92780
Attn.: Todd R. Cottle
with copies to: Goldfarb & Lipman, LLP
1300 Clay Street, 11th Floor
Oakland, CA 94612
Attention: Lynn Hutchins

9. Default. Failure by any Party to perform one or more of its duties as provided in this Agreement shall constitute an event of default under this Agreement after expiration of the cure periods described in Section 11 below. The non-defaulting Party or Parties shall give written notice of a default to the defaulting Party (or Parties), specifying the nature of the default and the action required to cure the default.

10. Remedies for Breach of Agreement. In the event of an uncured default under this Agreement, the sole remedy of the nondefaulting Party shall be to terminate this Agreement. Following such termination, no Party shall have any further rights, remedies, or obligations under this Agreement.

No Party shall have any liability to the other for monetary damages or specific performance for the breach of this Agreement, or failure to reach agreement on a Definitive Agreement, and each Party hereby waives and releases any such rights or claims it may otherwise have at law or at equity.

Furthermore, the Developer knowingly agrees that it shall have no right to specific performance for conveyance of, nor to claim any right of title or interest in or to, the Combined Site or any portion thereof.

11. Termination. This Agreement shall: (i) automatically terminate at the time(s) set forth in Section 1(b) above, and (ii) terminate prior to the time(s) set forth in Section 1(b) above in the event -6-
either party hereto shall fail to perform its obligations hereunder to the reasonable satisfaction of the other party; provided that prior to termination under part (ii) of this Section 11, the non-defaulting party shall provide the defaulting party with notice of the failures and thirty (30) days in which to cure.

In addition, the Parties agree that if either Party shall determine, in the exercise of its reasonable discretion, that it is infeasible to proceed with the development of the Combined Site, either Party may, upon ten (10) days’ written notice to the other Party, terminate this Agreement. Upon termination of this Agreement, whether upon expiration of the Negotiation Period or otherwise, both Parties knowingly agree that neither Party shall have any further rights or remedies to the other and the Developer shall have no rights in respect to the Combined Site. In the event of termination pursuant to this Section 11, the Parties agree to proceed in good faith to finalize the draft DDLA for the Spring and Flint Site for the development of an affordable housing project.

12. Time of Essence. Time is of the essence of every portion of this Agreement in which time is a material part. During the Negotiation Period the time periods set forth in this Agreement for the performance obligations hereunder shall apply and commence upon a complete submittal of the applicable information or occurrence of an applicable event. In no event shall an incomplete submittal by the Developer trigger any of the City’s obligations of review, approval and/or performance hereunder; provided, however that the City shall notify the Developer of an incomplete submittal as soon as is practicable and in no event later than the applicable time set forth for the City’s action on the particular item in question. Further, the time periods set forth herein are outside dates of performance. Thus, the Parties agree that the requirements hereunder may occur and be completed in a shorter time frame than set forth herein.

13. Developer Not an Agent; Relationship Among the Parties. Developer is not an agent of the City. Notice given by City to Developer shall be deemed to have been given to Developer.

14. No Press Releases. The Developer shall not publish or permit to be published any press releases without the prior written approval of the City Manager.

15. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof.

16. Agreement Does Not Constitute Development Approval. The City reserves final discretion and approval as to any Definitive Agreement and all proceedings and decisions in connection therewith. This Agreement shall not be construed as a grant of development rights or land use entitlements to construct the Project or any other project. All design, architectural, and building plans for the Project shall be subject to the review and approval of the City. By its execution of this Agreement, the City is not committing itself to or agreeing to undertake the disposition of the Combined Site or other real property to the Developer, or any other acts or activities requiring the subsequent independent exercise of discretion by the City, or any agency or department thereof.

17. No Third-Party Beneficiaries. There shall be no third-party beneficiaries of this Agreement.

18. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California.

19. Interpretation. This Agreement shall be interpreted as a whole and in accordance with its fair meaning and as if each Party participated equally in its drafting. Captions are for reference only -7-
and are not to be used in construing meaning. The recitals are deemed incorporated into this Agreement.

20. No Real Estate Commissions. Each Party represents to the other Party that no real estate commission, broker’s fees, or finder’s fees which may accrue by means of the acquisition by Developer of an interest in the Combined Site or any portion thereof is due to any person, firm, or entity.

Each Party agrees to indemnify and hold the other Parties harmless with respect to any judgment, damages, legal fees, court costs, and any and all liabilities of any nature whatsoever arising from a breach by such Party of such representation.

21. Amendment of Agreement. No modification, rescission, waiver, release, or amendment of any provision of this Agreement shall be made excepting by the prior agreement as executed by each of the Parties.

22. Implementation of Agreement. The City shall maintain authority to implement this Agreement through the City Manager or his or her duly authorized representative. The City Manager shall have the authority to issue interpretations, waive provisions, and/or enter into certain amendments of this Agreement on behalf of the City so long as such actions do not materially or substantially change the City’s objectives set forth herein or add to the costs or risks incurred or to be incurred by the City as specified herein, and such interpretations, waivers and/or amendments may include extensions of time to perform. All other materials and/or substantive interpretations, waivers, or amendments shall require the collective consideration, action, and written consent of the governing board of the City.

NOW THEREFORE, the Parties have executed this Exclusive Negotiation Agreement as of the date and year first set forth above.
(signatures on following pages)
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CITY:

CITY OF LAKE ELSINORE,
a municipal corporation
Dated: By:

Its: Jason Simpson, City Manager
ATTEST:

By:

Candice Alvarez, MMC, City Clerk
APPROVED AS TO FORM:

By:

Barbara Leibold, City Attorney
[Signatures for the Exclusive Negotiating Agreement continue on following page]

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DEVELOPER:

C & C DEVELOPMENT CO., LLC,
a California limited liability company
Dated: By:

Todd R. Cottle, Trustee of the 2007 Todd
R. Cottle and Jennifer N. Cottle Revocable
Trust, its Member
374-062-024
-020
-015
-016
-006
-005
-004
Not a Part

CITY OF A
LAKE 6Lsi_N_O_ _Rl;E
� DREAM E,x'TREME
• Vicinity Map - Spring and Pottery Site
• APN(s): 37 4-072-012,-013, -014,-015,-016,-024
-012

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: April 28, 2026
Subject: Change Order No. 1 to the Public Work’s Construction Agreement with Clearwater Pipeline, Inc. for the Water and Sewer Connection for the New City Hall Project
Recommendation
Approve and authorize the City Manager to execute Change Order No.1 to the Public Work’s Construction Agreement with Clearwater Pipeline, Inc. for an amount not to exceed $143,281.95 for the expanded scope of work for the water and sewer connection in the New City Hall Project (CIP Project No. Z20006).

Background
Clearwater Pipeline Inc has previously been awarded the contract to install water and sewer connections to the new City Hall in accordance with the project civil engineering plan. In the course of pre-construction meetings, Elsinore Valley Municipal Water District notified the City of additional requirements. Those requirements, detailed below, can be accomplished by Clearwater in a timely and cost-effective manner as they will already be on-site in connection with the water and sewer work.

Change Order No.1

Discussion
In addition to the basic scope of work of installing new water and sewer lines, as well as integrating a fire suppression system that complies with local safety codes and regulations, this expanded scope of work will include the following Elsinore Valley Municipal Water District requirements as discussed at the pre-construction meeting and permit conditions:
 Remove and abandon six (6) meter boxes, AMS, rises and plug end of services line with complete disconnect from main services line.
 Remove and abandon six (6) meter boxes, AMS, rises and plug end of services line with complete disconnect from main services line. Additionally, abandon in place six (6) 1-inch meter services and corporation stops as part of the expanded scope of work.  Abandon the existing sewer laterals in place and remove the WYE fitting. Remove and replace with a minimum 5-foot section of 8-inch PVC C-900 pipe, including all necessary adapters. Haul off and dispose of contaminated excess sewer pipe in accordance with project requirements.
 Traffic Control
 Extend 2-inch schedule 80 PVC line from Main Street connection to the back of the building
 Asphalt repairs the trench
Fiscal Impact
Funding costs are included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.

Attachments
Attachment 1 – Change Order No. 1
Exhibit A – Proposal
Attachment 2 – Original Agreement
1 DATE:

QUANTITY UNIT
Lump Sum 1.00
TOTAL
SUM OF
1 Review by: Initials Date Date

PRIOR TO THIS CHANGE ORDER
CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES:

City Manager

ITEM UNIT PRICE EXTENSION
See Attached Proposal Dated 4-15-2026
ITEM

QUANTITIES DECREASED
$143,281.95 $143,281.95

UNIT PRICE
CITY PROJECT #
DATE AWARDED: 1/272026
PROJECT TITLE: City Hall Clearwater Pipeline Company
Z00006
Authorized by: Jason Simpson TOTAL AMOUNT OF CONTRACT
$257,212.00

QUANTITIES INCREASED

CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
(951) 674-3124
April 28, 2026
PROJECT CHANGE ORDER CHANGE ORDER #
THIS CHANGE ORDER IS APPLICABLE TO:

CONTRACT AWARDED TO:

City Manager:
$143,281.95
Approved by:

Contractor
Change Order No.

Assistant City Manager

EXTENSION

THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) BY THE
$143,281.95
None

QUANTITY

REMOVALS
3 EA

REMOVE ABANDONED METER BOX, AMS, RISER &
PLUG END OF SERVICE LINE. DISCONNECT FROM
MAINLINE. 1,155.00$ 3,465.00$
6 EA
ABANDON IN PLACE 1" WATER SERVICE & CORP
STOPS WITH A FULL CIRCLE REPAIR BAND 7,590.00$ 45,540.00$ 6 EA

ABANDON IN PLACE SEWER LATERAL & REMOVE
THE WYE FITTING. REMOVE & REPLACE WITH A 5'
MINIMUM SECTION OF 8" PVC C-900, INCLUDING
ADAPTORS. HAULOFF & DISPOSE OF EX. SEWER
PIPE. 7,590.00$ 45,540.00$
REMOVALS SUB/T: 94,545.00$
1 LS TRAFFIC CONTROL $ 7,500.00 $ 7,500.00
1 LS
ASPHALT REPAIR (TRENCH WIDTH ONLY …
OVERLAYS NOT INCLUDED) INCLUDED -$
TRAFFIC CONTROL & AC REPAIR 7,500.00$
1 LS
EXTEND 2" SCH 80 PVC FROM FRONT OF BUILDING
TO BACK OF BUILDING … HAND WORK REQUIRED 33,517.95$ 33,517.95$ 2" PVC ADDED 33,517.95$
1 LS

PERFORMANCE & PAYMENT BOND (ORIGINAL
CONTRACT) - PREPAID 7,719.00$ 7,719.00$
PERFORMANCE & PAMENT BOND 7,719.00$
CHANGE ORDER TOTAL: 143,281.95$

TRAFFIC CONTROL & ASPHALT REPAIRS
2" PVC (ADDED)

PERFORMANCE & PAYMENT BOND
April 15, 2026
City of Lake Elsinore
121 S. Main Street
Lake Elsinore, Ca. 92530
Attn: Gus Papagolos
Re: Lake Elsinore City Hall / Change Order Request
Thank you for the opportunity to service this project. If there are any questions, please contact us.

Sincerely,
Stephen A. Stewart
Vice President
SS
3838 Brennan Ave., Perris, Ca. 92571 Ph. 951.657.2829 Fax 951.657.1890 Contractor's License No. 505761 3838 Brennan Ave., Perris, Ca. 92571 Ph. 951.657.2829 Fax 951.657.1890 Contractor's License No. 505761 1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Clearwater Pipeline Inc
For the
City Hall Water and Sewer
Connection
CIP PROJECT NO. Z20006
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of January 27, 2026 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Clearwater Pipeline Inc. (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

City Hall Water and Sewer Connection(the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

City Hall Water and Sewer Connection
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being two hundred fifty seven thousand two hundred twelve dollars and no cents ($257,212.00).











 


2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 30 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 










 


3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to











 


4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.











 


5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 










 


6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Clearwater Pipeline Inc.

Attn: Stephen A. Stewart
3838 Brennan Ave
Perris, Ca. 92571

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 










 


7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 










 


8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]











 


9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Clearwater Pipeline Inc.

City Manager
ATTEST:

By: Stephen A. Stewart
Its: Vice President
City Clerk
APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager











 



EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]











 



CN WATER
1 1 EA
2" WATER SERVICE W/ 1.5" METER,
STD W-10 & W-12 & BACKFLOW
PREVENTION ASSY, STD W21B $ 61,776.00 61,776.00 $
2 1 EA
4" DIP CL 350 DOUBLE D.C. ASSY,
STD W-23 W/ 4" PVC FIRE SERVICE
LATERAL, FULLY RESTRAINED $ 52,970.00 52,970.00 $
3 1 EA

FIRE HYDRANT ASSY W/ CHECK
VALVE, STD W7A & W7B & 3X3X4"
SPLASH PAD W/ COLD JOINTS $ 43,032.00 43,032.00 $
4 1 LS 12" DIP CL 350, STD W-3 $ 26,037.00 26,037.00 $
5 4 EA PERMANENT GUARD POST, STD W-26 included - $
140 LF 4" PVC PRIVATE RESTRAINED $ 43,400.00 310.00 $
1 EA PIV/FDC ASSY $ 16,632.00 16,632.00 $
WATER SUB/T: $ 243,847.00

CN SEWER
6 1 EA
6" SDR 35 LATERAL & CLEANOUT,
STD S-12, S-13, S-14 & S-1 $ 13,365.00 13,365.00 $
SEWER SUB/T: $ 13,365.00
GRAND TOTAL $ 257,212.00
Clearwater Pipeline Inc.

January 15, 2026
City of Lake Elsinore
121 S. Main Street
Lake Elsinore, Ca.

Attn: Gus Papagolos
Re: Lake Elsinore City Hall
NOTES:

1. SEWER PRICING INCLUDES IMPORT BEDDING FOR PIPE ZONE, AIR TEST, BALLING, CONNECTION TO EX., SHORING, & RAISING OF MANHOLES.

2. WATER PRICING INCLUDES BEDDING IN PIPE ZONE, FITTINGS, BENDS, CHLORINATION, TESTING, & RAISING OF VALVE CANS. SERVICE ASSY. PRICING INCLUDES SETTING & ADJUSTING METER BOX & CUSTOMER VALVE. METERS ARE NOT INCLUDED. WATER TO BE INSTALLED PRIOR TO THE INSTALLATION OF CURB & GUTTER.

3. BACKFILL

MATERIA L T O BE OBTAINED FROM THE NATIVE EXCAVATED MATERIALS. SCREENING OF ANYKIND, 3838 Brennan Ave., Perris, Ca. 92571
Ph. 951.657.2829 Fax 951.657.1890
e-mail: [email protected]











 



IMPORT & EXPORT IS NOT INCLUDED.

4. PLANS, PERMITS, FEES, ENGINEERING, ROCK & GROUNDWATER REMOVAL ARE NOT INCLUDED.

5. ESTIMATE BASED ON EXCAVATION AND SHORING METHODS FOR GROUND THAT WILL STAND WHILE INSTALLING TRENCH SHIELD AND/OR SHORING.

6. ROCK EXCAVATION IS NOT EXCLUDED. ROCK SHALL BE DEEMED AS ANY MATERIALS WHICH CANNOT BE EXCAVATED AT A RATE OF 65 L.F. PER HOUR UTILIZING A 100,000 LB EXCAVATOR WHICH WILL REQUIRE SPECIALIZED EQUIPMENT FOR REMOVAL INCLUDING RIPPING, BLASTING AND/OR HOE RAMMING.

7. GROUNDWATER REMOVAL IS NOT INCLUDED.

Thank you for the opporturnity to bid this project. If you have any questions, please let us know.

Sincerely,
Stephen A. Stewart
Vice President
SS
3838 Brennan Ave., Perris, Ca. 92571
Ph. 951.657.2829 Fax 951.657.1890
e-mail: [email protected]











 



ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

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

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

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 have ADDITIONAL INSURED provisions or be endorsed.

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
1/26/2026
License # 0757776
(951) 779-8556
23434
Clearwater Pipeline, Inc.

P.O. Box 357
Perris, CA 92572
41394
A 1,000,000
X A0177373004 6/29/2025 6/29/2026 500,000
PD Ded: $2,000 15,000
1,000,000
3,000,000
2,000,000
POLLUTION 1,000,000
A 1,000,000
A0177373001 6/29/2025 6/29/2026
A 4,000,000
A0177373005 6/29/2025 6/29/2026 4,000,000
0 B
99WC0000127801 5/1/2025 5/1/2026 1,000,000 Y 1,000,000
1,000,000
City of Lake Elsinore and its agents, officers and employees are Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CG7125 06/22.

City of Lake Elsinore
Attn: Gus Papagolos
130 S. Main Street
Lake Elsinore, CA 92530
CLEAPIP-01 LMEETER
HUB International Insurance Services Inc.

PO Box 5345
Riverside, CA 92517
Ricardo Oropeza
[email protected]
Middlesex Insurance Company
Benchmark Insurance Company
X
X
X
X
X
X
XX
X
X
X











 



COMMERCIAL GENERAL LIABILITY
CG 71 25 06 22
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTORS BLANKET ADDITIONAL INSUREDS,

PRIMARY & NONCONTRIBUTORY, WAIVER OF

SUBROGATION
This endorsement modifies the coverage provided under the following Coverage Form(s):

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

1. Additional Insureds - Automatic Status for 13
Additional Insured Types
Section II - Who Is An Insured is amended to
include the following as additional insureds when
you have agreed to add that person or
organization as an Additional Insured on your
policy in a written contract or written agreement
with that person or organization, or because of a
permit issued by a state or political subdivision;
provided the injury or damage occurs subsequent
to the execution of the contract or agreement or
issuance of the permit and while the contract,
agreement or permit remains in effect.

A. Owners, Lessees Or Contractors -
Automatic Status When Required In A
Written Construction Agreement With You
1) A person or organization with respect to
liability for "bodily injury", "property
damage" or "personal and advertising
injury" caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting
on your behalf;
in the performance of your ongoing
operations for the additional insured.

With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement.

1. Additional Insureds - Automatic Status for 13 Additional Insured Types A. Owners, Lessees Or Contractors - Automatic Status When Required In A Written Construction Agreement With You
B. Owners, Lessees Or Contractors - Automatic Status When Required In Written Construction Agreement With You (Completed Operations)
C. State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations D. Lessor of Leased Equipment
E. Owners or Other Interests From Whom Land Has Been Leased F. Manager or Lessor of Premise
G. Mortgagee, Assignee, or Receiver
H. Controlling Interest
I. Co-owner Of Insured Premises
J. Executors, Administrators, Trustees Or Beneficiaries K. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises
L. Vendors
M. Grantor of Franchise

2. Primary and Noncontributory - Other Insurance Condition

3. Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CG 71 25 06 22 Page 1 of 5
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0LGGOHVH[,QVXUDQFH&RPSDQ\
3ROLF\
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A person's or organization's status as an
additional insured under this endorsement
ends when your operations for that
additional insured are completed.
2) With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of, or the failure to
render, any professional architectural,
engineering or surveying services,
including:

1. The preparing, approving, or failing
to prepare or approve, maps, shop
drawings, opinions, reports,
surveys, field orders, change orders
or drawings and specifications; or

2. Supervisory, inspection,
architectural or engineering
activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage", or
the offense which caused the "personal
and advertising injury", involved the
rendering of or the failure to render any
professional architectural, engineering
or surveying services.
b. "Bodily injury" or "property damage"
occurring after:

1. All work, including materials, parts
or equipment furnished in
connection with such work, on the
project (other than service,
maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location
of the covered operations has been
completed; or

2. That portion of "your work" out of
which the injury or damage arises
has been put to its intended use by
any person or organization other
than another contractor or
subcontractor engaged in
performing operations for a principal
as a part of the same project.

B. Owners, Lessees Or Contractors -
Automatic Status When Required In Written
Construction Agreement With You
(Completed Operations)
1) Any person(s) or organization(s) with
respect to liability for "bodily injury" or
"property damage" caused, in whole or in
part, by "your work" performed for that
additional insured and included in the
"products-completed operations hazard",
but only when that portion of the
“products-completed operations hazard” is
not excluded by endorsement.
2) With respect to the insurance afforded to
these additional insureds, the following
additional exclusion applies:

This insurance does not apply to:
"Bodily injury" or "property damage"
arising out of the rendering of, or the failure
to render, any professional architectural,
engineering or surveying services,
including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
b. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of
others by that insured, if the "occurrence"
which caused the "bodily injury" or
"property damage" involved the rendering
of or the failure to render any professional
architectural, engineering or surveying
services.

C. State or Governmental Agency or
Subdivision or Political Subdivision -
Permits or Authorizations
Any state or governmental agency or
subdivision or political subdivision, subject to
the following provisions:
1) This insurance applies only with respect to
operations performed by you or on your
behalf for which the state or governmental
agency or subdivision or political
subdivision has issued a permit or
authorization.
2) This insurance does not apply to:

Includes copyrighted material of Insurance Services Office, Inc., with its permission.












 


a. "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the
federal government, state or
municipality; or
b. "Bodily injury" or "property damage"
included within the
"products-completed operations
hazard".

D. Lessor of Leased Equipment
1) Any person(s) or organization(s) with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
2) With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.

E. Owners or Other Interests From Whom
Land Has Been Leased
1) Any person(s) or organization(s) with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by you or those acting on your behalf
in connection with the ownership,
maintenance or use of that part of the land
leased to you by the additional insured
person(s) or organization(s).
2) With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
a. Any "occurrence" which takes place
after you cease to lease that land;
b. Structural alterations, new construction
or demolition operations performed by
or on behalf of the additional insured
person(s) or organization(s).

F. Manager or Lessor of Premise
Any person(s) or organization(s) with respect
to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by you or those
acting on your behalf in connection with the
ownership, maintenance or use of that part of
the premises leased to you by the additional
insured person(s) or organization(s), subject to
the following additional exclusions:

This insurance does not apply to:
1) Any "occurrence" which takes place after
you cease to be a tenant in that premises.
2) Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.

G. Mortgagee, Assignee, or Receiver
Any person(s) or organization(s) with respect
to their liability as mortgagee, assignee or
receiver and arising out of the ownership,
maintenance or use of a premises by you.

This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for such additional
insured person(s) or organization(s).

H. Controlling Interest
1) Any person(s) or organization(s) with
respect to their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these
premises.
2) This insurance does not apply to structural
alterations, new construction and
demolition operations performed by or for
that person or organization.

I. Co-owner Of Insured Premises
Any person(s) or organization(s) with respect
to their liability as co-owner of a premises
co-owned by you and covered under this
insurance.

J. Executors, Administrators, Trustees Or
Beneficiaries
Any executor, administrator, trustee or
beneficiary of your estate or living trust while
acting within the scope of their duties as such.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CG 71 25 06 22 Page 3 of 5











 


K. State Or Governmental Agency Or
Subdivision Or Political Subdivision -
Permits Or Authorizations Relating To
Premises
Any state or governmental agency or
subdivision or political subdivision, subject to
the following additional provision:

This insurance applies only with respect to the
following hazards for which the state or
governmental agency or subdivision or
political subdivision has issued a permit or
authorization in connection with premises you
own, rent or control and to which this
insurance applies:
1) The existence, maintenance, repair,
construction, erection or removal of
advertising signs, awnings, canopies, cellar
entrances, coal holes, driveways,
manholes, marquees, hoist away openings,
sidewalk vaults, street banners or
decorations and similar exposures; or
2) The construction, erection or removal of
elevators; or
3) The ownership, maintenance or use of any
elevators covered by this insurance.

L. Vendors
1) Any person(s) or organization(s) (referred to
throughout this endorsement as vendor),
but only with respect to liability for "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business.

However:
a. The insurance afforded to such vendor
only applies to the extent permitted by
law; and
b. If coverage provided to the vendor is
required by a contract or agreement,
the insurance afforded to such vendor
will not be broader than that which you
are required by the contract or
agreement to provide for such vendor.
2) With respect to the insurance afforded to
these vendors, the following additional
exclusions apply:
a. The insurance afforded the vendor
does not apply to:
1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;
2) Any express warranty unauthorized by you;
3) Any physical or chemical change in the
product made intentionally by the vendor;
4) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the substitution
of parts under instructions from the
manufacturer, and then repackaged in the
original container;
5) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course of
business, in connection with the
distribution or sale of the products;
6) Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendor's premises in
connection with the sale of the product;
7) Products which, after distribution or sale
by you, have been labeled or relabeled or
used as a container, part or ingredient of
any other thing or substance by or for the
vendor; or
8) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(1) The exceptions contained in
Subparagraphs d. or f.; or
Includes copyrighted material of Insurance Services Office, Inc., with its permission.












 


(2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business, in
connection with the distribution or sale
of the products.
b. This insurance does not apply to any
insured person or organization, from whom
you have acquired such products, or any
ingredient, part or container, entering into,
accompanying or containing such
products.

M. Grantor of Franchise
Any person(s) or organization(s) with respect
to their liability as grantor of a franchise to you.

However:

1. The insurance afforded to such additional
insureds 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.

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;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

If there is any difference in coverage afforded
to an additional insured in this endorsement
and that provided under another additional
insured endorsement attached to this policy,
the broader coverage will apply to that
additional insured.

2. Primary And Noncontributory Insurance
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

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.

3. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us (Waiver Of Subrogation) -
Automatic
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 against any
person or organization, because of any payment
we make under this Coverage Part, to whom the
insured has waived its right of recovery in a
written contract or agreement. Such waiver by us
applies only to the extent that the insured has
waived its right of recovery against such person
or organization prior to loss.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CG 71 25 06 22 Page 5 of 5











 



CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
3838 BRENNAN AVE Business Type:

PERRIS, CA 92571
CLEARWATER PIPELINE, INC.

PO BOX 357
PERRIS, CA 92572-0418
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
CLEARWATER PIPELINE, INC.

CLEARWATER PIPELINE, INC.

GENERAL ENGINEERING CONTRACTOR
029879
1/26/2026 1/31/2027
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ 










 



REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Yu Tagai, City Engineer
Damaris Abraham, Community Development Director
Date: April 28, 2026
Subject: Request to Modify Condition of Approval No. 76(c) Related to Ultimate Improvements for Riverside Drive (SR-74) for the Riverside & Lincoln Commercial Project (PA 2020-92)
Recommendation
Approve the applicant's request to modify Condition of Approval No. 76(c) as stated below:

The Developer shall construct a right turn pocket for the project driveway on Riverside Drive in compliance with the Highway Design Manual. Encroachment Permit from Caltrans will be required prior to any work done in the State right-of-way along Riverside Drive (State Route 74).

1. Developer shall comply with Caltrans stormwater quality and hydrology requirements.

2. Developer shall underground the overhead power poles along Riverside Drive.

3. Sidewalks impacted by the right turn pocket shall be constructed consistent with the City’s General Plan roadway cross section.

Background
On April 13, 2021, the City Council adopted Mitigated Negative Declaration (MND) (ER 2020-05) (SCH No. 2021010316) and approved General Plan Amendment (GPA) No. 2020-02, Zone Change (ZC) No. 2020-01, Tentative Parcel Map (TPM) No. 37958, Conditional Use Permit (CUP) No. 2020-09, and Commercial Design Review (CDR) No. 2020-08.

Riverside & Lincoln COA No. 76(c)

Tentative Parcel Map No. 37958 included a subdivision of the 6.36‐acre parcel into four parcels ranging in size from 0.93 acres to 2.88 acres.

CUP No. 2020-09, and CDR No. 2020-08 included a proposal to develop a commercial project consisting of a 4,291 sq. ft. convenience store, 16 gasoline‐dispensing stations with a 4,291 sq. ft. canopy, beer and wine sales (Type 20), self‐storage facility (three (3) buildings that are 38,016 sq. ft. in total), 3,979 sq. ft. self-serve carwash, and 4,456 sq. ft. drive‐thru restaurant 221 parking stalls, landscaping, and related site improvements.

The subject property is currently vacant and is located at the southwest corner of Lincoln Street and Riverside Drive. The project encompasses Assessor Parcel Numbers (APNs) 379-111-017, 018, 019, and 020 (Previous APN: 379-111-014).

On March 3, 2022, Parcel Map No. 37958 was finalized and recorded. However, on April 13, 2023, the CUP and CDR applications expired.

On January 17, 2024, the applicant submitted a new CUP (CUP No. 2023-16) and CDR applications (CDR No. 2023-06) with the same configuration and layout as the original applications.

On April 16, 2024, the Planning Commission reviewed and approved the new CUP and CDR applications. On May 14, 2024, the City Council received and filed the Planning Commission’s action to approve the applications.

On September 24, 2024, the applicant requested to modify condition of approval No. 73 to eliminate undergrounding of overhead power poles. Staff recommended to deny the applicant’s request to modify the Condition of Approval No. 73, and City Council approved staff’s recommendation.

The applicant requested modifications to Condition of Approval No. 76(c) related to the improvements on Riverside Drive. On April 22, 2026, the applicant gave concurrence to the modified language (Attachment 1).

Discussion
Condition of Approval (COA) No. 76(c) requires the construction of ultimate half-width street improvements on Riverside Drive. COA No. 76(c) currently states:

Developer shall construct ultimate half-width street improvements on Riverside Drive, inn conformance to the City General Plan Roadway Cross Sections for an Urban Arterial Highway.

Encroachment Permit from Caltrans will be required prior to any work done in the State right-ofway along Riverside Drive (State Route 74).

1. Note that the sidewalks are required to be 6 feet minimum with the landscape area 6 feet in width consistent with the City’s General Plan roadway cross section.

Riverside & Lincoln COA No. 76(c)

The applicant is requesting that COA No. 76(c) be modified as follows:

Developer shall construct a right turn pocket for the project driveway on Riverside Drive in compliance with the Highway Design Manual. Encroachment Permit from Caltrans will be required prior to any work done in the State right-of-way along Riverside Drive (State Route 74).

1. Developer shall comply with Caltrans stormwater quality and hydrology requirements.

2. Developer shall underground the overhead power poles along Riverside Drive.

3. Sidewalks impacted by the right turn pocket shall be constructed consistent with the City’s General Plan roadway cross section.

Staff has reviewed the applicant’s request to modify COA No. 76(c). Based on the review of the COA and interagency coordination with Caltrans, staff does support the proposed modification.

The proposed right turn pocket provides a deceleration lane, and widening south of the project driveway that provides an acceleration lane is not needed. Construction of a right turn pocket leading into the project driveway would be sufficient for Caltrans and City. The design of the right turn pocket is designed per Highway Design Manual, or as approved by Caltrans, and must be in compliance Caltrans stormwater quality and hydrology requirements. As originally conditioned, the developer shall underground power poles along Riverside Drive. Additionally, any future widening of Riverside Drive just south of the project site would be difficult due to the existing residential homes.

Fiscal Impact
No direct fiscal impact.

Attachments
Attachment 1 – Applicant Correspondence to Modify COA No. 76(c) Attachment 2 – Final Conditions of Approval

Applicant’s Initials: _____ Page 1 of 18

CONDITIONS OF APPROVAL
(new text underlined and deletions in strikethrough)
PROJECT: PA 2020-92/CUP 2023-16/CDR 2023-06
PROJECT NAME: Riverside/Lincoln Commercial
PROJECT LOCATION: APNs: 379-111-017, 018, 019, and 020
(Previous APN: 379-111-014)
APPROVAL DATE: April 16, 2024
EOT APPROVAL DATE: February 26, 2026
EXPIRATION DATE: April 16, 2027

GENERAL

1. Conditional Use Permit (CUP) No. 2023-16 proposes to establish a 16-pump gasolinedispensing station (with anticipated throughput of 1.5 million to 1.7 million gallons of fuel per year) with a 4,291 square foot sq. ft. canopy, beer and wine sales (Type 20), self-storage facility (three (3) buildings 38,016 sq. ft. in total) and a 4,456 sq. ft. drive thru-restaurant.

Commercial Design Review (CDR) No. 2023-06 proposes building design and construction of a 4,650 sq. ft. convenience store, 4,291 sq. ft. canopy, 38,016 sq. ft. self-storage facility, 4,456 sq. ft. drive-thru restaurant, 3,979 sq. ft. self-serve carwash, 221 parking stalls, and landscaping and related site improvements on an approximately 6.36‐acre site. The project site is located at the southwest corner of Lincoln Street and Riverside Drive (APNs: 379‐111- 017, 018, 019, and 020 (Previous APN: 379-111-014)).

2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the approval, implementation, and construction of CUP 2023- 16, and CDR 2023-06, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension, or modification of CUP 2023-16, and CDR 2023- 06 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition.

3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records.

PLANNING DIVISION
Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024 Applicant’s Initials: _____ Page 2 of 18

4. Conditional Use Permit No. 2023-16 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.

5. Commercial Design Review No. 2023-06 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this twoyear period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.

6. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar manner as a new application.

7. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said Conditional Use Permit.

8. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.

9. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy.

10. All future development proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required.

11. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application.

12. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024 Applicant’s Initials: _____ Page 3 of 18
all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m.

Construction activity shall not take place on Sunday, or any Legal Holidays.

13. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. Sign plans submitted to the City for review shall incorporate City identification signs.

14. In accordance with Section 17.112.090.O. of the LEMC, establishments engaged in the concurrent sale of motor vehicle fuel with alcoholic beverages shall abide by the following requirements:
a. No beer or wine shall be displayed within five feet of the cash register or the front door. b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. c. No sale of alcoholic beverages shall be made from a drive-in window. d. No display or sale of beer or wine shall be made from an ice tub. e. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows. f. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine.

15. Graffiti shall be removed within 24 hours.

16. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours.

17. No outside overnight storage of inoperable vehicles shall occur at the site.

18. Since the project is proposed to be completed in phases, unimproved portions of the property should be maintained and kept in good repair as noted on the phasing plan exhibit.

19. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan.

20. The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way.

21. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture.

22. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024 Applicant’s Initials: _____ Page 4 of 18
implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.

Prior to Issuance of Grading Permits/Building Permits

23. The applicant shall pay all applicable City fees, including but not limited to Development Impact Fees (DIF) and MSHCP Fees per LEMC Section 16.85, at the rate in effect at the time of payment.

24. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan.

25. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The plan shall ensure that all exterior on-site lighting are shielded and directed on-site so as not to create glare onto neighboring properties and streets or allow illumination above the horizontal plane of the fixture.

26. Prior to the issuance of a Building Permit, all exterior wall mounted and freestanding light fixtures shall be submitted for review and approval by the Director of Community Development, or their designee. Light fixtures shall compliment the architectural style of the buildings onsite.

27. Prior to the issuance of a Building Permit, the color, finish and pattern of all decorative paving onsite shall be submitted for review and approval by the Director of Community Development, or their designee.

28. Prior to issuance of a building permit, Final Landscaping / Irrigation Detail Plans shall be submitted along with appropriate fees for review and approval by the Community Development Director or designee.
a. All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method.
b. Mature specimen trees shall be planted on locations visible from public views. c. All planting areas shall be separated from paved areas with a six inch (6”) high and six inch (6”) wide concrete curb. Runoff shall be allowed from paved areas into landscape areas.
d. Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twentyfour inches (24”). e. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines.
f. No required tree planting bed shall be less than 5 feet wide. g. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024 Applicant’s Initials: _____ Page 5 of 18
include sidewalks.
h. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. i. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City’s adopted Landscape Guidelines. j. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee.
k. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. l. Final landscape plan must be consistent with approved site plan. m. Final landscape plans to include planting and irrigation details. n. Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City’s landscape plan check consultant.
o. No turf shall be permitted.
p. Final landscape plans shall include plant palate selection that will complement adjacent properties such as the Launch Pointe.

29. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest.

30. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way.

31. Prior to building permit issuance, the applicant shall initiate and complete Covenants, Conditions and Restrictions (CC&Rs) which shall be approved by the City. All CC&R documents that address including, but not limited to, reciprocal easements, shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such documents shall include Covenants, Conditions and Restrictions (CC&Rs).
• All landscaping, all drainage basins, and common areas including but not limited to parking areas and drive aisles, shall be maintained in accordance with the CC&Rs. • Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs for the project.

BUILDING DIVISION
General Conditions
Conditions of Approval PC: April 16, 2024
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32. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal.

33. Compliance with Code. All design components shall comply with applicable provisions of the 2025 edition of the California Building, Plumbing and Mechanical Codes: 2025 California Electrical Code; California Administrative Code, 2025 California Energy Codes, 2025 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code.

34. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as clubhouse, trach enclosure tot lots and picnic areas.

35. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies. Please contact Sonia Salazar at [email protected] or 951-674-3124 X 277.

36. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department evidencing the payment or exemption from School Mitigation Fees.

37. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work.

38. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits.

39. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance.

40. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.

At Plan Review Submittal
Conditions of Approval PC: April 16, 2024
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41. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of Section 5.507 of the 2025 edition of the California Building Code.
c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer.

Prior to Issuance of Grading Permit(s)

42. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval.

43. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project.

Prior to Issuance of Building Permit(s)

44. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division.

Prior to Beginning of Construction

45. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.

ENGINEERING DEPARTMENT

GENERAL

46. All new submittals for plan check or permit shall be made using the City’s online Citizen Self-Service Portal (CSSP).

47. All engineering plans shall be prepared by a Registered Civil Engineer using the City’s standard title block, Design Manual guidance, Lake Elsinore Municipal Code, California Building Code, Riverside County Flood Control Standards, and City and Caltrans Standards unless otherwise noted or approved by City staff.

48. All required soils, geotechnical, hydrology/hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer and Soils Engineer, as applicable.

49. In accordance with the City’s Franchise Agreement for waste disposal and recycling, the developer shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear Conditions of Approval PC: April 16, 2024
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and grubbing or all other phases of construction.

50. All open space landscaping, and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by the property owner or property owner’s association. Documentation of maintenance responsibility shall be recorded prior to occupancy.

51. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer.

52. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans.

53. Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits.

54. The site will accommodate all construction activity, building activity, vehicles, etc. No staging on public streets, or private property belonging to others shall be conducted without the written permission of the property owner.

55. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) as identified by the City shall be implemented by all projects.

FEES

56. Applicant shall pay all applicable permit application and Engineering assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full.

57. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Fees are subject to change. Mitigation and Development Impact Fees include without limitation:
a. Master Drainage Plan Fee – Due prior to Grading Permit issuance. b. Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance c. Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy d. Fair Share/In-Lieu Fees calculated on a project basis.

STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design

58. The project is responsible for complying with the latest Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity.

59. A Final Water Quality Management Plan (WQMP) will be required and shall be prepared using the Santa Ana Region of Riverside County Guidance Document and approved template and submitted for review and approval to the City. The Final WQMP shall be Conditions of Approval PC: April 16, 2024
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approved by the City prior rough grading plan approval or issuance of any permit for construction.

60. The Final WQMP shall document the following:
• Detailed site and project description.
• Potential stormwater pollutants.
• Post-development drainage characteristics.
• Low Impact Development (LID) BMP selection and analysis. • Structural and non-structural source control BMPs.
• Treatment Control BMPs.
• Site design and drainage plan (BMP Exhibit).
• Documentation of how vector issues are addressed in the BMP design, operation and maintenance.
• GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.
• Hydraulic Conditions of Concern (HCOC) – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year, 24- hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre- and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. If HCOC applies, the project shall implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes and channels; and minimize significant impacts from urban runoff. (Note the facilities may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events).
• Operations and Maintenance (O&M) Plan and Agreement (using City approved form and/or CC&Rs) as well as documentation of formation of funding district for long term maintenance costs.

61. The existing Final WQMP shall be resubmitted for plan check and approval through the CSSP.

62. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff.

63. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape.

64. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained.

65. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department.

66. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” Conditions of Approval PC: April 16, 2024
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using the City authorized marker.

67. All restaurants and commercial food handling facilities must provide an area for the washing/steam cleaning of equipment and accessories. The area must be self-contained, equipped with a grease trap, and properly connected to a sanitary sewer. If the wash area is located outdoors, it must be covered, paved have secondary containment, and be connected to the sanitary sewer or other appropriately permitted disposal facility. Plan Requirements: The Owner/Applicant shall incorporate these food facility requirements into project design and depict on plans, including detail plans as needed.

Construction

68. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project.

69. Prior to grading or building permit for construction or demolition and/or weed abatement activity, projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at the project site, updated, and be available for review upon request.

70. Erosion & Sediment Control – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet(s) of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan shall be incorporated into the SWPPP, kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request.

Post-Construction

71. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include:
• Demonstrate that the project has compiled with all non-structural BMPs described in the project’s WQMP.
• Provide signed, notarized certification from the Engineer of Work that the structural BMPs identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational.
• Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R.
• The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall: (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the Conditions of Approval PC: April 16, 2024
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long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used.
• Provide documentation of annexation into a CFD for funding facilities to be maintained by the City.
• Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. • Provide the City with a digital .pdf copy of the Final WQMP.

72. Chemical Management – Prior to the issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the developer shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage emergency response, employee training, spill contingencies and disposal) in a manner meeting the satisfaction of the Manager, Permit Intake, in consultation with the Riverside County Fire Department and wastewater agencies, as appropriate, to ensure implementation of each agency’s respective requirements. A copy of the approved “Chemical Management Plans” shall be furnished to the Fire Marshal prior to the issuance of any Certificates of Use and Occupancy.

UTILITIES

73. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the applicant, property owner, and/or his agent.

Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64).

74. Applicant shall apply for, obtain and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance of a grading permit.

75. Submit a “Will Serve” letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure, volume, etc. Will Serve letters shall be provided prior to issuance of Grading Permit.

IMPROVEMENTS

76. Project will be responsible for the following improvements prior to the issuance of a certificate of use and/or occupancy:
a. The developer shall implement the project design features and mitigation measures identified in Section 10 of the Traffic Impact Analysis dated September 17, 2020, to the satisfaction of the City Engineer:

Conditions of Approval PC: April 16, 2024
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1. Restripe median to provide two-way left turn lane on Lincoln Street between the project driveway and Flannery Street/Robin Drive.

2. Construct the northbound approach to consist of one through lane and one two-way left turn lane on Lincoln Street at project driveway.

3. Construct the southbound approach to consist of one shared through/right turn lane on Lincoln Street at project driveway.

4. Construct the eastbound approach (project driveway) to consist of one inbound lane and one shared left/right turn lane with stop-control on Lincoln Street at project driveway.

5. Construct the southbound approach (project driveway) to consist of one right turn only lane with stop-control at project driveway at Riverside Drive.

6. Construct eastbound approach to consist of one through lane at project driveway at Riverside Drive.

7. Construct westbound approach to consist of one shared through/right turn lane at project driveway at Riverside Drive.

8. Restripe the southbound approach to consist of two left turn lanes and one shared through/right turn lane at Lincoln Street and Riverside Drive.

9. Construct a northbound left turn lane and restripe shared left/through/right turn lane to a shared through/right turn lane at Lincoln Street and Riverside Drive.

10. Convert north-south traffic signal phasing from permitted to protected at Lincoln Street and Riverside Drive.

11. Construct a second receiving lane on the east leg of the intersection at Lincoln Street and Riverside Drive.
b. Developer shall construct ultimate half-width street improvements on Lincoln Street in conformance to the City General Plan Roadway Cross Sections for a Collector Highway.

1. Note that the sidewalks are required to be 5 feet minimum with a landscape area 5 feet in width consistent with the City’s General Plan roadway cross section. c. Developer shall construct ultimate half-width street improvements on Riverside Drive in conformance to the City General Plan Roadway Cross Sections for an Urban Arterial Highway. Encroachment Permit from Caltrans will be required prior to any work done in the State right-of-way along Riverside Drive (State Route 74).

1. Note that the sidewalks are required to be 6 feet minimum with the landscape area 6 feet in width consistent with the City’s General Plan roadway cross section.

Developer shall construct a right turn pocket for the project driveway on Riverside Drive in compliance with the Highway Design Manual.

1. Developer shall comply with Caltrans stormwater quality and hydrology requirements.

2. Developer shall underground the overhead power poles along Riverside Drive.

3. Note that the sidewalks are required to be 6 feet minimum with the landscape area 6 feet in width consistent with the City’s General Plan roadway cross section.
d. Developer shall construct the half-width street improvements for the cul-de-sac on Flannery Street.

Conditions of Approval PC: April 16, 2024
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e. Developer shall construct only one commercial driveway along Riverside Drive in accordance with Caltrans requirements unless otherwise approved by Caltrans and at the discretion of the City of Lake Elsinore.
f. Developer shall provide public street lighting consistent with the City Standards.

Streetlight system shall be designed as an LS-2B system. Streetlight plans shall be submitted for City review and approval through CSSP.

77. Developer shall submit traffic signal, signing and striping plans for City review and approval through CSSP.

78. Improvements shall be designed and constructed to City and Caltrans Standards and City Codes (LEMC 12.04, 16.34), or as directed or approved by the City Engineer.

79. If existing improvements are to be modified, the existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit.

80. Sight distance into and out of the project location shall comply with City of Lake Elsinore and Caltrans Standards.

81. An Encroachment Permit is required for all work to be done in the public right-of-way. Upon approval of engineered plans, the requirements outlined in these COAs and the permit issue letter shall be met prior to Encroachment Permit issuance.

82. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided.

83. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site, show existing and proposed off-site and on-site drainage facilities, and include a capacity analysis verifying the adequacy of the facilities.

The drainage system shall be designed to ensure that runoff from a 10-year storm of 6- hours or 24-hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results.

84. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility.

85. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area.

86. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3).

87. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by the development of the site and/or diversion of drainage.

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88. All existing and new storm drain inlet facilities to which the project discharges shall be fitted with full trash capture devices. The device selected shall be approved by the State of California and City of Lake Elsinore. Off-site facilities shall be maintained by the City with maintenance funded through a CFD or other City authorized assessment.

Permitting/Construction

89. An encroachment permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance.

90. All compaction reports, grade certification, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved.

PRIOR TO GRADING PERMIT
Design

91. A grading plan signed and stamped by a California licensed Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on site. The plan shall include separate sheets for erosion control, haul route and traffic control as applicable.

92. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer.

93. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners.

94. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer.

95. A Soil/Geotechnical Report is required for any land disturbance. In conjunction, a seismic study shall be submitted to identify earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a Registered Geologist or Geotechnical Engineer shall be submitted confirming the absence of this hazard prior to grading permit.

Permitting/Construction

96. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity.

97. All grading shall be done under the supervision of a licensed geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved Conditions of Approval PC: April 16, 2024
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by the City.

98. Applicant shall execute and submit grading and erosion control agreement, post grading security, and pay permit fees as a condition of grading permit issuance.

99. No grading shall be performed without obtaining a grading permit. A grading permit does not include the construction of retaining walls or other structures for which a building permit is required.
100. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC

15.72.065). Prior to commencement of grading operations, a haul route shall be approved prior to issuance of a grading permit.
101. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 102. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with any and all required environmental mitigation triggered by the proposed grading activity.

PRIOR TO BUILDING PERMIT
103. Applicant shall provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 104. All public improvement, traffic signal, signing and striping plans shall be completed and approved by the City Engineer.
105. All required public right-of-way dedications and easements prepared by separate instruments shall be prepared by the applicant or his agent and shall be submitted to the Engineering Department for review and approval prior to issuance of the building permit.

PRIOR TO OCCUPANCY / FINAL APPROVAL
106. All public improvements shall be constructed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer prior to first occupancy. 107. All required signing, striping and traffic control devices on-site and off-site shall be installed. 108. In the event of damage to City roads from hauling or other construction related activity, applicant shall repair or pay the cost of restoring the public roads to the baseline condition. 109. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
110. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certification (with tie notes delineated on 8 ½” X 11” mylar) shall be submitted in .tif format on USB flash drive or electronically to the Engineering Department before final inspection will be scheduled.

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111. As-built plans for all approved plan sets shall be submitted for review and approval by the City. The Developer is responsible for revising the original mylar plans. Once the original mylars have been approved, the applicant shall provide the City an electronic copy of the “as-built” plans in .tif format.
112. All final studies and reports shall be submitted in .tif format on a flash drive or delivered electronically. Studies and reports include, soils, seismic, hydrology, grading, WQMP, etc. 113. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
114. Applicant shall submit documentation pursuant to City’s Security Release handout.

CITY OF LAKE ELSINORE FIRE MARSHAL
115. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. 116. Deferred submittals, for any fire systems, shall be identified on all subsequent plans. 117. If applicable, gates must meet Fire Department Standards at the time of building permit application.
118. The applicant or developer shall provide fire hydrants in accordance with the following:
• Prior to placing any combustibles on site, provide an approved water source for firefighting purposes.
• Required fire flow is estimated to be 2375 GPM at 20 PSI for a 2-hour duration based on 2022 California Fire Code and 31,935 square foot building area with Type V=B construction and buildings having a fire sprinkler system. The minimum fire flow shall be based on the largest single structure on the parcel and the verified construction type. • Fire flow shall be determined by the building of the single largest square footage. The minimum fire flow will be 1500 GPM at 20 PSI for a 2-hour duration, per the 2022 California Fire Code.
119. In all new buildings and structures which are 5,000 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where Sections 903.2.1 – 903.2.21 of the California Fire Code have more restrictive requirements than those listed below, the more restrictive requirements shall take precedence. 120. Prior to issuance of Building Permits, the applicant/developer shall provide the Office of the Fire Marshal with an approved site plan for Fire Lanes and signage. (CFC 501.3) 121. Each parcel shall have independent access to the circulating roadway. Shared access shall be documented, and reciprocal access agreements or dedicated access shall be established.

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122. The fire apparatus access road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW. The fire apparatus access road or temporary access road shall be reviewed and approved by the Office of the Fire Marshal and in place during the time of construction. (CFC 501.4)
123. The minimum inside turning radius for an access road shall be 24 feet. The minimum outside turning radius shall be 45 feet. As fire apparatus are unable to negotiate tight “S” curves, a 60-foot straight leg must be provided between these types of compound-turns or the radii and/or road width must be increased accordingly.
124. Prior to building permit issuance, install the approved water system, approved access roads, and contact the Fire Department for a verification inspection.

DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
125. Prior to issuance of a grading permit, the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services.

Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.

MITIGATION MONITORING AND REPORTING PROGRAM
126. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for the Mitigated Negative Declaration (Environmental Review No. 2020-05; SCH # 2021010316) prepared for the Project.

Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024 Applicant’s Initials: _____ Page 18 of 18
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the Planning Commission of the City of Lake Elsinore on April 16, 2024. I also acknowledge that all Conditions shall be met as indicated.

Date:

Applicant’s Signature:

Print Name: ______
Address: _______________________

Phone Number: _______

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Yu Tagai, City Engineer
Date: April 28, 2026
Subject: Professional Services Agreement with Bucknam Infrastructure Group, Inc. for the 2026 Pavement Management Program
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with Bucknam Infrastructure Group, Inc. in an amount not to exceed $69,400 for the 2026 Pavement Management Program in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $6,940 for uncertainties and adjustments.

Background
The City’s roadways consist of approximately 222 centerline miles of paved streets. The roads are divided into two networks: Arterial/Collector and Local Streets • 59.5 centerline miles of Arterial/Collector roadways
• 161.4 centerline miles of Local residential roads
• Approximately 28,554,418 SF of pavement combined
The last pavement condition survey performed for both the Arterial/Collector and Local roads was in 2021. Since the last inspection, the condition of the pavement network has significantly changed due to weather, wear, and increase in usage. In addition, the roadway segments accepted by the City since the last evaluation and have yet to be rated. To develop a fiscally

2026 Pavement Management Program

efficient 5-year maintenance and rehabilitation strategy, the City must have recent pavement deterioration data.

The Consultant will survey the entire network of pavement in the city and assign a PCI (Pavement Condition Index) rating. Upon completion of the PCI rating, the Consultant will prepare a final pavement management report. The report will include current conditions and recommendations for maintenance and/or repair.

Discussion
Bucknam Infrastructure Group, Inc. (Bucknam) will perform the following scope of services:
• Provide project management and administration, and quality control program • Perform pavement condition surveys – Collect distress type and severity upon inspection of actual surface conditions and physical characteristics of the road segments. • Preparation of PCI reports and PCI GIS maps documenting conditions of all pavement sections.
• Provide PMP mapping and GIS incorporating PCI values for each road section, work history identifications, 5-yr arterial/local rehabilitation and slurry programs and functional classification maps
• Preparation and finalization of multi-year Pavement Management Program report.

Fiscal Impact
The project is budgeted within the adopted CIP budget.

Attachments
Attachment 1 – Agreement
Exhibit A – Proposal

AGREEMENT FOR PROFESSIONAL SERVICES
Bucknam Infrastructure Group, Inc.

Pavement Management Program
This Agreement for Professional Services (the “Agreement”) is made and entered into as of April 28, 2026, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Bucknam Infrastructure Group, Inc., a California corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

Development of the Pavement Management Program
B. Consultant has submitted to City a proposal, dated March 2, 2026, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed SIXTY NINE THOUSAND FOUR HUNDRED dollars ($69,400) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered

by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of

law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.

Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Bucknam Infrastructure Group, Inc.

Attn: Peter Bucknam
3548 Seagate Way, Suite 230
Oceanside, CA 92056

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to

make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
“CONSULTANT”
Bucknam Infrastructure Group, Inc., a
California corporation

By: Peter Bucknam
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
March 2, 2026
Mr. Yu Tagai
Assistant City Engineer
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Subject: Proposal for Pavement Management Program Update – FY 2026 Dear Yu:

It is our pleasure to submit our proposal to the City of Lake Elsinore for the continued, proactive management of your Pavement Management Plan (PMP). Several key PMP factors deliver an accurate PMP:
1) Segment true area accuracy;
2) Up-to-date work history;
3) Reliable PCI’s and
4) Relevant unit costs
With the City seeking to continue the strong development/management of the PMP through advanced inspections, Capital Improvement reporting (CIP), GIS enhancement and County compliance, Bucknam Infrastructure Group, Inc. will again utilize our proactive and cost-efficient method to assist the City in the continued advancement of your PMP. Our team will focus our high-end pavement management knowledge, extensive Riverside County experience, MicroPAVER application and GIS/GPS technologies to optimize the City’s maintenance and rehabilitation revenues.

Bucknam has served as the City’s PMP consultant for the past 15 years (2010 – 2025). Our project staff can be relied upon to provide outstanding service to the City. This will be accomplished by assisting the City in implementing a common-sense neighborhood M&R schedule, formulating a proactive Arterial/Local CIP budget and providing realistic, achievable maintenance recommendations. Our firm is unique in that we provide:
 Relevant and accurate PMP services based on our ongoing work with numerous Riverside, San Bernardino, San Diego, Los Angeles, and Orange local agencies such as:
o 20 Inland Empire/San Diego local agencies (i.e. Murrieta, Menifee, Lake Elsinore, La Cresta); o 38 Los Angeles County local agencies (42%);
o 21 Orange County Local agencies (60%); and
o Army Corps of Engineers ASTM D6433 compliant surveying, reporting and pavement analysis on an annual basis;
 Our project manager has worked within the SoCal Pavement Management industry for over twentyeight (28) years and has worked extensively with MicroPAVER and StreetSaver PMP software’s. This includes turn-key data conversion projects to long-term, proactive pavement CIP scheduling that relies on accurate and cost-efficient bid documentation;  Project/engineering experience that brings the understanding that MicroPAVER results are not set in stone; we proactively use the available data to enhance budget forecasting and CIP/O&M project planning;
 Use of Bucknam’s GIS AC/PCC segment true areas calculations to compare and qualify segment accuracies within the City of Lake Elsinore;
 Cost effective management methodologies, from the project kickoff through final reporting, gained through our Project Manager’s experience and use of Bucknam’s MyRoads® dynamic PMP-GIS link; As Project Manager, my goal is not just to meet the requirements of this project but establish a living document (Arterial & Local pavement CIP submittal) that will be used throughout the term of the CIP as well as implement achievable long-term infrastructure management goals in coordination with City schedules.

Mr. Peter Bucknam (Project Manager) will be providing day-to-day operational and management services; he is authorized to sign the agreement for this contract. He can be contacted at 760-216- 6529 (work) 714-501-1024 (cell) or email at [email protected].

By selecting Bucknam Infrastructure Group, Inc., the City of Lake Elsinore will continue to receive a strong, knowledgeable, innovative, and communicative team with the experience to implement a cost-effective pavement management program. Our handpicked pavement management professionals are committed to delivering quality services to the City. We have already scheduled time for your project and eagerly await our kick-off meeting with City staff and you.

Respectfully submitted,
Bucknam Infrastructure Group, Inc.

Peter J. Bucknam
President/Project Manager
Scope of Work
City of Lake Elsinore 1-1
2026 Pavement Management Program Update
Project Understanding / Approach
We have defined detailed phases to the scope of work;

1. Project Implementation

2. Client Satisfaction

3. Project Schedule

4. Scope of Work (Major Tasks)

5. Optional Services
1) Project Implementation
Task 1.1: Management & Administration – Project Kickoff The first step in implementing a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of Lake Elsinore, it will be essential to establish, up front, the Engineering, Public Works and Street Maintenance/CIP pavement management priorities. Ourteam will set up a Project Kickoff meeting with staff (e.g. Yu Tagai and staff) to further discuss and review in detail the expectations of the project, technical approach and the review of schedule and budget.

This will be scheduled immediately after the NTP / contract is issued.

This effort will build consensus between the Engineering and Public Works / Maintenance departments as well as build stronger ARTERIAL and LOCAL maintenance programs.

Additional items to be discussed will include the review and assessment of the existing MicroPAVER pavement plan/data, survey areas based on recent maintenance work and schedules, new construction, data quality, current pavement procedures, historical expenditure levels, and desired service levels.

Task 1.2: Project Status Meetings – Quality Control Program Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field review and status meetings);
• Monthly progress status reports will be delivered to City project manager.

Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field technician’s work. In this manner, 10 percent of the original 222 miles of surveys will be re-surveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys (this will include 22 miles of arterial / local QC). Our QC process involves checking the field crews’ work in a “blind study” fashion.

Quality control checks will be performed at the end of each survey week. This will ensure that all field personnel are properly collecting distresses and pavement quantities for all Scope of Work
City of Lake Elsinore 1-2
2026 Pavement Management Program Update
street segments. PCI variance reporting will be performed where previous PCI 2022 data will be compared to newly inspected 2026 PCI data; if PCI’s vary more than ten (10) points per year Bucknam staff will assess the potential cause through unrecorded work history, accelerated pavement deterioration, etc.

Since we are collecting distress information on our field Tablets with the Lake Elsinore MicroPAVER database live, our staff will perform several quality control tests within the pavement management software using a sample set of the City of Lake Elsinore’s street distress data.

Over the past two years, Bucknam has submitted over seventy-five (75+) PMP compliant reports for local municipalities, they include:

Every year our staff has attended the OCTA MicroPAVER Distress Training Classes held from 2011 thru 2026.

In February 2026 our staff was acknowledged as “qualified inspectors and firm” to prepare Pavement Management Plans compliant with the OCTA Countywide Pavement Management Guidelines (this compliance runs through June 2028).

Scope of Work
City of Lake Elsinore 1-3
2026 Pavement Management Program Update
2) Client Satisfaction
Task 2.1: Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project deliverables.

Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Engineering and Public Works / Street Maintenance departments. Project success is created by delivering on three main factors; • Adherence to scope tasks and deliverables
• Performing to the standard set by the Project Schedule; and • Controlling costs.

Our Project Manager will follow each of these factors throughout the duration of the project
Deliverable: Project Status Updates, as stated in Task 1.2 3) Project Schedule
Task 3.1: Project Schedule - Management & Administration Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet a proactive schedule. See key milestone dates from the project schedule below (fiscal year will change accordingly):
• Project Kickoff – April, 2026
• Survey Start / Completion – April – July, 2026
• Delivery of draft PMP – July, 2026
• City comments returned to Consultant – July, 2026
• Delivery of City CIP Final Report – August, 2026
 Lake Elsinore’s CIP data/Final Report, reporting and revenue projections will be submitted by August, 2026
4) Scope of Work (Major Tasks)
TASK 4.1: Update Maintenance & Rehabilitation History
Based on the pavement maintenance that has been performed by in-house staff as well as contractual rehabilitation/maintenance, our staff will review all street activities that have been performed since the 2022 PMP update. This data will be entered into Scope of Work
City of Lake Elsinore 1-4
2026 Pavement Management Program Update
MicroPAVER to enhance pavement deterioration analysis, deferred backlog calculations, PCI’s and the recommendations for the upcoming budgetary analysis and CIP reporting.

TASK 4.2: Pavement Condition Surveys
MPAH (Arterial / Collector and Local) Survey
First and foremost, the assessment of the
City’s pavement segmentation is one of the
key priorities for this project. With four
years between major inspections, it will be
essential to verify that all Arterial, Collector
and Local segmentation is up-to-date and
that section true area SF quantities are
verified, accurate and reliable. This will be
completed by utilizing Bucknam’s cloud-based learning technology (AI) to initially quantify square footages for each pavement section (see sample above).

Bucknam’s use of cloud-based learning technology is initiated by providing the AI with the City of Lake Elsinore’s most recent aerial image; in doing so, all AC and PCC pavement true areas are initially calculated. These calculations are possible due to the cloud-based learning tech’s inherent working knowledge of how to recognize edge-of-pavement, surface types, medians, bus pads and AC/PCC surface limits.

This ability will allow Bucknam to review, adjust and obtain the necessary quality control measurements for each defined Lake Elsinore PMP segments and to perform segment true area SF variance reports. This will in turn create more accurate PCI’s, engineering project cost estimations, total centerline / square footages of the network as well as for each unique pavement segments (shown as an optional task).

We will review/assess new and/or missing streets previously excluded from the last PMP update and create the necessary segmentation within the Lake Elsinore PMP database + GIS links.

Once the pavement segmentation has been assessed and verified, the necessary inspections will be performed. Our survey methodology will include the following approach based on ASTM D6433 and the City’s cost / benefit analysis:

1. Walking - All sections are surveyed through “two-pass test” walking methodologies.

AC/PCC distress types will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with ASTM D6433 & the Army Corp of Engineers AC/PCC sampling guidelines while being flexible to current City requirements.

All sample locations are observed through walking surveys; samples areas will typically cover a minimum of 20% of the total section area and will be 2,500 SF +/- 1,000 SF in size.

As defined by the City, the following pavement sections are to be surveyed for the upcoming 2026 PMP update:

Scope of Work
City of Lake Elsinore 1-5
2026 Pavement Management Program Update
• The inspection of approximately 222 centerline miles of Arterial / Collector and Local segments will be performed;
Our use of MicroPAVER-Tablet units allows our
staff to collect pavement data with the City of
Lake Elsinore’s MicroPAVER database live in
the field. At the end of the day all electronic
data is transferred to our office for quality
control and management.

Our Tablet methodology sets us apart from the
competition since we are using a paper-less
inventory process to enter data; this in turn generates cost savings to enhance the project schedule and other portions of the project such as True Area SF calcs, CIP reporting, MicroPAVER training and on-call services.

Roadway Verification Survey - A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below (County survey guidelines will be followed):

2. Field Attribute Data (updated and/or verified)
• Street Name, from/to, indicating the assigned limits of the section, street ID codification
• Street ranking indicating arterial, collector, local, # of lanes, surface type • Historical PCI tracking from previous 2022 inspections and 2026 PCI inspections • Segment quantities, indicating the length, width, and total area of the section

3. Conditional data will be evaluated for all street segments and will include:
• ASTM D6433 20 AC & 19 PCC distresses by type, severity and extent • Sampling/conditional data typically pulled from within edge-of-pavement to edgeof pavement • PCI ratings (0-100), taking into account the surface condition, level of distress We welcome staff members from the City of Lake Elsinore to join our surveys. All pavement data will be entered into the active 2026 MicroPAVER software. Data management will be performed in-house at our Oceanside office.

4. Section Distress and PCI Reporting
Upon 60% and 100% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. This report will provide the conditional/section measurement data, sourced within MicroPAVER, for the City to review and prioritize needed street maintenance/rehabilitation projects. The City and our staff will review the PCI reports to ensure that all inventory data is correct and the project is running smoothly.

Scope of Work
City of Lake Elsinore 1-6
2026 Pavement Management Program Update
Our PCI reporting will include:
• PCI Report – Sorted by Name (A to Z), PCI Order (0-100), Zone (1, 2, 3, etc.); • Work history report; and
• GIS Maps presenting PCI presenting PCI findings by section.

Once the City has reviewed, assessed and commented on the draft report, we will address all comments made and deliver the final conditional reports/maps.

Deliverable: Citywide PCI reports

DEVELOP RECOMMENDED MASTER PLAN OF STREETS
TASK 4.3: Preparation of Multi-Yr Pavement CIP – Final Report With the City desiring to update and develop a comprehensive multi-year Pavement CIP (FY 2026- 2031), our staff will review all pavement treatments that were previously recommended as well as currently being applied in 2026. Through our experience in developing numerous pavement CIP reports on a yearly basis, we will support City staff through each essential phase of the development of the PMP-CIP. These services will include:
• Review and verification of maintenance applications / unit costs per SF; • Review of annual funding sources, availability and status; • Analysis of alternative pavement materials and applications for possible use by the City in upcoming years; and
• Assistance with County Pavement Compliance reporting
We will assist the City by preparing Forecast Maintenance / Rehabilitation (FMR) report in a format that uses the information found in the PCI reports in conjunction with the PMP application/unit cost identified by our team. The FMR report will include:
• Current inventory and pavement conditions indices (PCI) shown in tabular and GIS layouts for all road classes and surface types (pavement condition report, priority listings); • Assessment of current unit costs for PMP applications of AC/PCC treatments as well as future costs over the multi-year CIP program;
• Projected annual maintenance/rehabilitation program for recommended streets, within the defined CIP term, that demonstrate the greatest return on investment on conditions and use of annual revenues;
• Budgetary scenario options will be included in our FMR reporting, they typically include:
 #1 – Model current “actual budget” funding against found 2026 conditions  #2 – Model a recommended report that proactively increases the City’s weighted PCI and lowers deferred backlog of maintenance/rehabilitation Scope of Work
City of Lake Elsinore 1-7
2026 Pavement Management Program Update
 #3 – Model a maintain PCI budget to demonstrate what annual revenues are needed to sustain the PMP asset at today’s conditions
• Identification of potential funding sources for the street rehabilitation projects; • Recommendations for each section and/or neighborhood zones will be identified that will include maintenance type, estimated costs and encumbered inflation; • A distinct and separate section will identify the City’s annual slurry seal program that will cover yearly priority recommendations, neighborhood programs and annual estimated costs;
• A detailed breakdown of deferred maintenance (backlog) which will allow the City to measure and understand its impact based on applied annual funding levels; • Final FMR GIS mapping will include: recommended maintenance year, specific minor/major recommendations, PCI’s; and
Deliverable: One (1) digital copy of the draft Final PMP Report to be reviewed by the City.

One (1) copy of the Final Pavement Management Program Report will be delivered to the City once all comments addressed. Digital copies of project GIS files will also be delivered to the City.

TASK 4.4: PMP Mapping and GIS
As an enhancement and proactive approach to this project, our staff will update the existing 2022 PMP - GIS link between MicroPAVER, MyRoads® and the City’s GIS system (see 2022 Lake Elsinore PCI map to the right). The maps described below will be incorporated into the City’s Final PMP report:
• PCI values for every section
• Work History identifications
• 5-yr Arterial / Local Rehabilitation
and Slurry Seal Programs
• Functional classification maps
Once the City has approved the Pavement
Condition Report, we will update the
necessary MicroPAVER - GIS linkages. By
using the unique ID’s within the PMP and the City’s ESRI street shapefile ID’s, we will create a oneto-one match for each pavement section in the GIS. Our staff will coordinate all project deliveries with Engineering, Public Works and the GIS department to ensure that the most current and accurate PMP - GIS maps are represented within the City’s GIS enterprise.

We can also provide this data to the City’s ESRI ArcGIS Online software (if owned) or can provide these mapping services through Bucknam Web-GIS MyRoads® portal supported through ArcGIS Online. Deliverable: Complete GIS files/themes based on list above (shapefiles).

Scope of Work
City of Lake Elsinore 1-8
2026 Pavement Management Program Update
TASK 4.5: Lake Elsinore MyRoads® PMP Web-Portal
Lake Elsinore MyRoads® PMP WebPortal – Bucknam’s MyRoads® PMP web-portal is a great match for Lake
Elsinore’s PMP today and the future.

Our application brings your PMP data to
life within a dynamic dashboard!
Bucknam now provides all our PMP
clients with a unique and agency driven
“MyRoads®” web-portal that provides
instantaneous access to your pavement
management database. This
“dashboard” allows users to toggle
through individual sections via GIS Lasso
map selections, zone queries, rank
selection and PCI ranges to review all
section metrics, latest/previous
inspections, work histories and filtered PCI reports. To cap it off, your selections/queries also generate preliminary engineering costs estimations for slurry, overlay and reconstruction projects and provides you with the predictive PCI as if the work is complete.

Bucknam has shown the 2026 Lake Elsinore MyRoads® account in active use! This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the Lake Elsinore PMP database the MyRoads® dataset is changed to reflect work history edits, PCI inspections and section changes.

In summary, MyRoads® allows the user perform the following dynamic functions:
• Query specific pavement segment(s) to view current/historic PCI, work history inspection; • Filter for pavement sections within a defined zone, PCI range and/or functional class; • Select a pavement section or grouping of section through the on-board GIS tool; • Enter slurry, overlay & reconstruction unit costs to determine preliminary cost of maintenance and resulting citywide PCI
o Display critical street / sidewalks / signs / ROW assets along pavement section(s) that are critical to Engineering Bid development and solicitation (ADA ramps, utilities, manholes, trees, etc.
• Displays all final GIS project maps (PCI, work history, 5-yr forecasted maintenance, etc.) • Bucknam will train Lake Elsinore staff on the simple use of the MyRoads® dashboard.

Scope of Work
City of Lake Elsinore 1-9
2026 Pavement Management Program Update
5) Optional Services
TASK 4.6: As-Needed PMP Support Services
Pavement Management Program Support
With the City utilizing a triennial management schedule for PMP street inspections, in between surveys, Bucknam will provide annual as-needed PMP support services. Additional As-Needed services typically include:
• Annual pavement section work history data entry/publication • Additional budget scenarios, general reporting, deterioration studies • Additional visual inspections above the mileage amount indicated in Task 4.2 • Additional pavement management – GIS mapping
• Additional MyRoads® / MicroPAVER training
The agreement will continue to include the provision of onsite and telephone support for the City staff.

Scope of Work
City of Lake Elsinore 1-10
2026 Pavement Management Program Update
Proposed Fee
Task items 1 through 4 can be accomplished on a time and materials, not-to-exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be $69,400 for an five-month term. We have included our fee schedule below for the City consideration.

Should the City desire to increase the service level above the hours outlined above for the Task items 1 through 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties.

Scope of Work
City of Lake Elsinore 1-11
2026 Pavement Management Program Update
Standard Hourly Rate Schedule
Category Rate

Principal $ 331
Pavement Management Project Manager 239
Senior Project Manager 230
Management Analyst 190

Project Engineer / Planner 180
Sr. Engineer / GIS Manager / Sr. Inspector 178
Assistant Engineer / Sr. Technician / GIS Analyst 165
CADD Operator 125
Field / GIS Technician 117
Administrative Assistant 107
Clerical / Word Processing 107

Reimbursables
Mileage $0.83/mile

Subconsultant Services Cost + 15%
Reproduction Cost + 15%
Travel & Subsistence Cost + 15%
Fees & Permits Cost + 15%
Computer Services (External) Cost + 15%
Rates Effective 1/1/26

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: April 28, 2026
Subject: Agreement with the City of Canyon Lake to Provide Support for Emergency Traffic Control and Road Closures
Recommendation
Approve and authorize the City Manager to execute an Agreement with the City of Canyon Lake for municipal services, including emergency traffic control, road closures, detours, and related restrictions in an hourly rate and in such final form as approved by the City Attorney.

Background
The City of Canyon Lake periodically requires support for traffic control operations during emergencies, construction, special events, and other situations that require temporary roadway restrictions. The City of Lake Elsinore Public Works Department possesses the staffing, equipment, and operational capacity to provide such service on an as-needed basis.

Discussion
Under the proposed Agreement, the City of Lake Elsinore Public Works Department will provide traffic control services to the City of Canyon Lake when requested. Services may include, but are not limited to:

City of Canyon Lake Municipal Services Agreement

• Implementing partial or complete road closures, including no-access conditions. • Restrict street access for construction, emergencies, or special events. • Installing and removing traffic control devices such as barricades, cones, delineators, and warning signs.
• Developing and overseeing detour routes to ensure safe and efficient traffic movement. • Coordinating with law enforcement, fire, and emergency services to ensure public safety. • Providing on-site monitoring and adjusting traffic control plans as conditions change.

Fiscal Impact
The City of Canyon Lake will reimburse costs for traffic control services according to the hourly rate schedule (Exhibit B).

Attachments
Attachment 1 – Agreement
Exhibit A – Scope of Work
Exhibit B – Hourly Rate Schedule
Exhibit C – Insurance Requirements
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AGREEMENT FOR MUNICIPAL SERVICES
(City of Canyon Lake – Public Works Services)
This Agreement for Municipal Services (“Agreement”) is entered into for identification purposes as of March 24, 2026, by and between the City of Canyon Lake, a municipal corporation (“Canyon Lake”) and the City of Lake Elsinore, a municipal corporation (“Lake Elsinore”). Canyon Lake and Lake Elsinore are individually referred to herein as a “Party” and collectively as the “Parties”. In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. TERM
This Agreement shall commence on March 24, 2026 and shall, unless sooner terminated pursuant to the provisions of this Agreement, expire on June 30, 2028.

2. SERVICES
Lake Elsinore shall furnish and pay all properly skilled personnel, labor, necessary tools, expendable equipment, and all taxes, utility and transportation required to perform the services and related work as described in the Scope of Work (Exhibit “A”).

3. PERFORMANCE
a. Lake Elsinore represents that Lake Elsinore possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions set forth herein and Canyon Lake has relied upon that representation as a material inducement to enter into this Agreement. Lake Elsinore shall employ, at a minimum, generally accepted industry standards and practices utilized by persons engaged in providing same or similar services. b. Time is of the essence in the performance of this Agreement. Lake Elsinore shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement within the time periods established in the Scope of Work (Exhibit “A”).

4. PAYMENT
a. Canyon Lake agrees to pay Lake Elsinore in accordance with the fully burdened hourly rate for the assigned City employees performing the work as set forth in the Hourly Rate Schedule for fiscal year 2026-27 (Exhibit “B”), plus a 10% administrative charge. The Hourly Rate Schedule shall be updated each fiscal year during the Term. b. Lake Elsinore shall not be compensated for any non-contemplated services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by Canyon Lake. Lake Elsinore shall only be compensated for any additional services in the amounts and in the manner as agreed to in writing by Canyon Lake and Lake Elsinore.
c. Lake Elsinore will submit invoices not less than monthly for actual service performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made 2 of 8
within thirty (30) days of receipt of each invoice as to all non-disputed fees. If Canyon Lake disputes any of Lake Elsinore’s fees, it shall give written notice to Lake Elsinore within fifteen (15) days of receipt of an invoice of any disputed fees set forth on the invoice. Payment by Canyon Lake under this Agreement shall not be deemed a waiver of defects, even if such defects were known to Canyon Lake at the time of payment.
d. Lake Elsinore agrees to notify Canyon Lake of business status change and agrees to submit a new W-9 form within (3) business days. Lake Elsinore also agrees to notify Canyon Lake representative of changes to contract and billing address or phone number.

5. CONTRACT ADMINISTRATION
Canyon Lake’s designated representative shall represent Canyon Lake in all matters pertaining to the administration of this Agreement, including review and acceptance of services and non-monetary changes in the Scope of Work (Exhibit “A”). The City Manager is authorized to act on Canyon Lake’s behalf and to execute all necessary documents, including amendment(s) hereto, relating to (i) extensions of time, (ii) name changes, and/or (iii) suspension or termination of this Agreement. Notwithstanding the foregoing, the City Manager in his/her sole discretion may elect to present any proposed amendment, suspension or termination of this Agreement to the City Council for approval.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. Canyon Lake may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portions hereof, by serving upon Lake Elsinore at least thirty (30) calendar days prior written notice. Upon receipt of said notice, Lake Elsinore shall immediately cease all work under this Agreement, unless the notice provides otherwise. If Canyon Lake suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, Canyon Lake shall pay Lake Elsinore for services and related work performed up to the time of termination.

Upon termination of this Agreement, Lake Elsinore shall submit a final invoice in accordance with Section 4.

7. DEFAULT OF LAKE ELSINORE
a. Lake Elsinore’s failure to comply with the provisions of this Agreement shall constitute a default.
b. If Canyon Lake determines that Lake Elsinore is in default in the performance of any of the terms or conditions of this Agreement, there shall be cause to serve upon Lake Elsinore a written notice of default. Lake Elsinore shall have fifteen (15) calendar days after service of said notice in which to cure the default by rendering a satisfactory performance. c. In the event that Lake Elsinore fails to cure its default within such period of time, Canyon Lake shall have no obligation or duty to compensate Lake Elsinore for any work performed after expiration of such cure period and shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 3 of 8

8. OWNERSHIP OF DOCUMENTS
a. Lake Elsinore shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by Canyon Lake that relate to the performance of services under this Agreement. Lake Elsinore shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Lake Elsinore shall provide free access to the representatives of Canyon Lake or its designees at reasonable times to such books and records; shall give Canyon Lake the right to examine and audit said books and records; shall permit Canyon Lake to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared, with the exception of this Agreement, invoices, and payments, in the course of providing the services to be performed will remain the property of Lake Elsinore. c. Canyon Lake shall have sole determination of the public’s rights to documents under the Public Records Act (California Government Code Section 6250 et seq.), and any thirdparty requests made to Lake Elsinore shall be immediately referred to Canyon Lake, without any other actions by Lake Elsinore.

9. INDEMNIFICATION
Lake Elsinore shall indemnify, defend, and hold harmless Canyon Lake, it elected officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by Lake Elsinore's negligent acts, errors, omissions, or willful misconduct in the performance of this Agreement.

Canyon Lake shall indemnify, defend, and hold harmless Lake Elsinore, its elected officials, officers, agents, employees and volunteers, from and against any and all losses, liability, claims, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by Canyon Lake's negligent acts, errors, omissions, or willful misconduct in the performance of this Agreement.

10. INSURANCE
Prior to the commencement of services and related work hereunder, Lake Elsinore shall provide certificates of insurance with original endorsements to Canyon Lake of the insurance coverage as specified in Exhibit “C," or evidence that Lake Elsinore is self-insured or participates in a joint powers authority for insurance purposes. Lake Elsinore shall maintain such insurance for the duration of this Agreement. By executing this Agreement, Lake Elsinore confirms that it has reviewed and approved the requirements of Exhibit “C”. 4 of 8

11. INDEPENDENT CONTRACTOR AND NO JOINT VENTURES
a. Lake Elsinore is and shall at all times remain as to Canyon Lake a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Lake Elsinore shall at all times be under Lake Elsinore’s exclusive direction and control. Neither Canyon Lake nor any of its officers, employees, or agents shall have control over the conduct of Lake Elsinore or any of Lake Elsinore’s officers, employees, or agents, except as set forth in this Agreement. Lake Elsinore shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of Canyon Lake.

Lake Elsinore shall not incur or have the power to incur any debt, obligation, or liability whatsoever against Canyon Lake, or bind Canyon Lake in any manner. b. No employee benefits shall be available to Lake Elsinore or its personnel in connection with the performance of this Agreement. Except for the fees paid to Lake Elsinore as provided in this Agreement, Canyon Lake shall not pay salaries, wages, or other compensation to Lake Elsinore for performing services hereunder. Canyon Lake shall not be liable for compensation or indemnification to Lake Elsinore for injury or sickness arising out of performing services hereunder.
c. It is agreed, nothing in this Agreement or in Lake Elsinore’s performance of the services under this Agreement shall be construed as forming a partnership or joint venture between Canyon Lake and Lake Elsinore. Lake Elsinore and Canyon Lake shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements, debts or obligations not expressly provided for herein.

12. PERS ELIGIBILITY INDEMNIFICATION.

Lake Elsinore’s employees and personnel performing services pursuant to this Agreement are eligible participants in the City of Lake Elsinore’s Public Employees Retirement System (PERS) retirement plan and are ineligible for enrollment in PERS as an employee of Canyon Lake. In the event that any employee, agent, or subcontractor of Lake Elsinore claims or is determined by PERS or a court of competent jurisdiction to be eligible for PERS enrollment as an employee of Canyon Lake, Lake Elsinore shall indemnify, defend, and hold harmless Canyon Lake for the payment of any employee and/or employer contributions for PERS benefits as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Canyon Lake.
a. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Lake Elsinore and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by Canyon Lake.

13. LEGAL RESPONSIBILITIES
Lake Elsinore shall keep informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Lake Elsinore shall at all times observe and comply with all such laws and regulations. Canyon Lake, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Lake Elsinore to comply with this Section. 5 of 8

14. NOTICES
Any notices which either Party may desire to give to the other Party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice:

To Canyon Lake: City of Canyon Lake
31516 Railroad Canyon Road
Canyon Lake, CA 92587
Attention: City Manager
To Lake Elsinore: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attention: City Manager

15. LICENSES
Lake Elsinore represents and warrants to Canyon Lake that it has and shall maintain at all times during the Term of this Agreement, the licenses, permits, qualifications, insurance and approvals which are legally required of Lake Elsinore to perform the services under this Agreement.

16. BACKGROUND CHECKS
Lake Elsinore performs background investigations of all employees and personnel providing services to Canyon Lake pursuant to this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service and do not pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered.

17. GOVERNING LAW
Canyon Lake and Lake Elsinore understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over Canyon Lake.

18. PROHIBITED INTERESTS
Lake Elsinore maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Lake Elsinore, to solicit or secure this Agreement. Further, Lake Elsinore warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Lake Elsinore, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Canyon Lake shall have the right to rescind this Agreement without liability. For the term of this 6 of 8
Agreement, no member, officer or employee of Canyon Lake, during the term of his or her service with Canyon Lake, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

19. EQUAL OPPORTUNITY EMPLOYMENT
Lake Elsinore represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

20. PREVAILING WAGES
Lake Elsinore is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Lake Elsinore agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or services provided pursuant to this Agreement, Lake Elsinore shall bear all risks of payment or non-payment of prevailing wages under California law, and Lake Elsinore hereby agrees to defend, indemnify, and hold Canyon Lake, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

21. ASSIGNMENT AND SUBCONTRACTING
The Parties recognize that a substantial inducement to Canyon Lake for entering into this Agreement is the reputation, experience and competence of Lake Elsinore. Lake Elsinore shall not subcontract or assign any portion of the services or related work to be performed under this Agreement without the express written authorization of Canyon Lake. If Canyon Lake consents to such subcontract or assignment, Lake Elsinore shall be fully responsible to Canyon Lake for all acts or omissions of those subcontractors or assignees. Nothing in this Agreement shall create any contractual relationship between Canyon Lake and any subcontractor or assignee nor shall it create any obligation on the part of Canyon Lake to pay any monies to any such subcontractor or assignee other than as otherwise is required by law.

22. MEDIATION
The Parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and share the costs of mediation equally. If the Parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the Parties with the names of five qualified mediators. Each Party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either Party may commence litigation.
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23. LITIGATION EXPENSES AND ATTORNEYS' FEES
If either Party to this Agreement commences any legal action against the other Party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

24. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

25. INCORPORATION OF EXHIBITS
The Parties agree that the Exhibits attached hereto are a part of this Agreement and are hereby incorporated by reference herein as though set forth in full. Notwithstanding the foregoing, to the extent that Exhibit “A” is a proposal from Lake Elsinore, such proposal is incorporated only for the description of the scope of work and the schedule of performance, as applicable, and no other terms or conditions set forth in such proposal shall be binding on Canyon Lake unless explicitly and separately agreed to herein.

26. ENTIRE AGREEMENT; AMENDMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each Party is entering into this Agreement based solely upon the representations set forth herein and upon each Party’s own independent investigation of any and all facts such Party deems material. Any amendments to this Agreement must be in a writing of equal dignity.

27. AUTHORITY TO EXECUTE THIS AGREEMENT
a. Lake Elsinore has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. The person or persons executing this Agreement on behalf of Lake Elsinore warrants and represents that he/she has the authority to execute this Agreement on behalf of Lake Elsinore and has the authority to bind Lake Elsinore to the performance of its obligations hereunder.
b. This Agreement may be executed in counterparts. Facsimile and transmitted signatures indicating concurrence or electronic signatures shall be binding as original signatures. 8 of 8
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year set forth below.
“LAKE ELSINORE”
CITY OF LAKE ELSINORE, a municipal
corporation
Jason Simpson, City Manager
Date:

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
“CANYON LAKE”
CITY OF CANYON LAKE, a municipal
corporation
Arron Brown, City Manager
Date:

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

EXHIBIT A
EXHIBIT “A”

SCOPE OF WORK
The services described herein shall be performed on an as-needed basis upon Canyon Lake's written request. Canyon Lake shall have no obligation to utilize Lake Elsinore's services or to guarantee any minimum amount of work. Each specific road closure or traffic control project shall be authorized by a separate writing issued by Canyon Lake's City Manager or designee.

Lake Elsinore will assist Canyon Lake with road closures or similar highway restrictions as requested by Canyon Lake. Such work includes, but is not limited to, restricting access to a street for construction, emergencies, or events, installing barriers, detour signage, traffic control devices, and coordinating with utilities, emergency services and law enforcement to ensure safety and manage traffic flow, ranging from partial lane closures to full closures with no access. Lake Elsinore shall obtain all necessary permits and approvals from applicable agencies prior to implementing road closures. All work shall be performed in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD), applicable Caltrans standards, and all applicable OSHA requirements.

Elsinore Canyon Lake PW Agreement Final EXHIBIT B
EXHIBIT “B”

HOURLY RATE SCHEDULE
Fiscal Year 2026-27 (subject to change each fiscal year) Position Hourly Min Hourly Mid Hourly Max
Lead Worker $32.9361 $37.2199 $42.0357
Maintenance Worker I $26.3687 $29.7983 $33.6539
Maintenance Worker II $29.0037 $32.7760 $37.0169
Maintenance Worker III $31.2039 $35.2624 $39.8250
Public Works Supervisor $42.0055 $47.4689 $53.6108
In the event that employee positions other than those listed above are utilized in connection with the Scope of Work, Lake Elsinore shall notify Canyon Lake prior to deploying such personnel, and upon written approval, Canyon Lake shall pay the applicable fully burdened rate for such employees as mutually agreed upon in writing.

Elsinore Canyon Lake PW Agreement Final EXHIBIT C
EXHIBIT “C”

INSURANCE REQUIREMENTS
Lake Elsinore is a California public entity, the parties acknowledge that Lake Elsinore maintains self-insurance and/or participates in a joint powers authority for risk management purposes in accordance with California Government Code Section 990 et seq. Lake Elsinore shall provide Canyon Lake with a certificate of self-insurance or evidence of coverage through its risk pool prior to commencement of services.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Yu Tagai, City Engineer
Date: April 28, 2026
Subject: Approval of Tract Map No. 33725 for Tuscany Crest Recommendation
Approve Final Tract Map No. 33725, subject to City Engineer’s acceptance as being true and correct, authorize the City Clerk to sign the map and arrange for recordation, and approve and authorize the City Manager to execute the Construction of Improvement Agreements for Street Improvements and Monumentation for the Tuscany Crest project.

Background
Tuscany Crest (Project) is located south of Little Valley Road and west of Greenwald Avenue.

With Tract Map No. 33725, the Project proposes to subdivide a 51.8 gross acre site into 204 single family residential lots, three (3) water quality basins, two (2) lots for park purposes, and 16 lots for open space purposes, and the 17 lettered lots dedicated to the public for street and public utility purposes.. All future improvements have been secured.

Discussion
Per Subdivision Map Act 66474.1, Tract Map No. 33725 has been reviewed and determined that it is in substantial conformance to the previously approved Tentative Tract Map No. 33725. All Conditions of Approval relative to the final tract map approval have been satisfied.

Final Tract Map No. 33725

Fiscal Impact
Public improvements are to be constructed by the developer. The security posted is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents.

Attachments
Attachment 1 – Final Index Map
Attachment 2 – Vicinity Map
Attachment 3 – Construction Agreements
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VICINITY MAP

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan O. Skinner, Director of Recreation Date: April 28, 2026
Subject: July 4th Fireworks Celebration on the Lake
Recommendation
Approve and authorize the City Manager to execute a Special Production Agreement with Pyro Spectacular for the July 4th fireworks show in an amount not to exceed $55,000 for the Annual Fireworks Show on Lake Elsinore in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $5,500 for uncertainties and adjustments, and the recommended traffic detour map as approved by the City Engineer.

Background
For years, the City held an Annual Fireworks Spectacular on Lake Elsinore, which included a “View by Boat” fireworks show over the lake. Pyro Spectaculars, Inc. located in Rialto, California provided services. Pyro Spectaculars also performs the same service for many surrounding communities including Diamond Stadium.

Each year, more and more attendees enjoy the production, and KOLA Radio 99.9 broadcast a radio simulcast for the Fireworks show, which lasted approximately 20 minutes. As part of the festivities, a “Party in the Park” is held at Summerly Park, which included games, food, and a Bike Parade.

2026 FIREWORKS SHOW

Due to the popularity of the downtown area as a viewing location for the firework show a traffic detour plan was implemented several years ago in an effort to expedite the egress of the thousands of visitors. The detour plan has proven successful and is being recommended to be implemented for the 2026 show by public safety.

Discussion
The Sherriff’s Department, Fire Department, Public Works Department and Recreation Department will coordinate resources to ensure the festivities of the Fireworks Show is a fun and safe event. As the program has expanded year after year, in order to ensure the safety of the participants, staff is recommending the street closures identified in the attachment that will be enforced with a combination of City Public Works staff and Law Enforcement.

Fiscal Impact
The Fireworks Show and related public safety and personnel costs are budgeted in the Fiscal Year 2025-2026 and Fiscal Year 2026-2027. Pyro Spectaculars is the only supplier of such services in this region; therefore, staff bypassed the normal bid procedures and chose Pyro Spectaculars, Inc. The Fireworks Show is a line item in the Recreation Department budget. If approved, an agreement will be signed and a 50% deposit of $27,500.00 will be required for Pyro Spectacular to secure the fireworks show. The balance would be due after the fireworks event.

Attachments
Attachment 1- Pyro Spectaculars Agreement
Exhibit A- Pyro Spectaculars Proposal
Exhibit B- Pyro Spectaculars COI
Attachment 2 – 2026 4th of July Traffic Control Plan Map Pyro Spectaculars, Inc. City of Lake Elsinore
P.O. Box 2329 Program A, Rev. # 6
Rialto, CA 92377 July 4, 2026
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 1 of 4
PSI V-2021-2

PRODUCTION AGREEMENT
(Special)
This agreement ("Agreement") is made this day of , 2026 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as (“PYRO”), and City of Lake Elsinore, hereinafter referred to as (“CLIENT”). PYRO and CLIENT are sometimes referred to as “Party” or collectively as “Parties” herein.

1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production (“Production”), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in PYRO’s January 23, 2026, proposal, Scope of Work, and Program “A”, attached hereto and incorporated herein by this reference.

1.1 PYRO Duties – PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed, including preproduction services, as more specifically set forth below in this Agreement and in the PYRO’s August 14, 2024 proposal, and Scope of Work (“Scope of Work”), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.

1.2 CLIENT Duties – CLIENT shall provide to PYRO a suitable site (“Site”) for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO’s reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.

2. Time and Place - The Production shall take place on July 4, 2026, at approximately 9:00 PM, at Lake Elsinore Levee, 500 Diamond Dr., Lake Elsinore, CA, Site. The Production shall be approximately 5-6 minutes in duration.

3. Fees, Interest, and Expenses -

3.1 Fee - CLIENT agrees to pay PYRO a fee of $55,000.00 USD (FIFTY-FIVE THOUSAND DOLLARS) ("Fee") for the Production.

CLIENT shall pay to PYRO an initial payment (“Initial Payment”) equal to 50 % of the Production Fee of $27,500.00 USD (TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of $27,500.00, upon the execution of this Agreement by both parties but no later than April 1, 2026. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work (“Preproduction Services and Costs”). The balance of the Fee shall be paid no later than June 5, 2026. CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The “PRICE FIRM” date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.

3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys’ fees.

3.3 Expenses – PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO’s responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT’s responsibility in this Agreement and Scope of Work.

4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT-owned material or third-party-owned material that has been included in the Production, if any, requested by CLIENT, and as to such CLIENT-owned and third-party-owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited.

5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.

6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT’s other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.

7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean-up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean-up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.

Pyro Spectaculars, Inc. City of Lake Elsinore
P.O. Box 2329 Program A, Rev. # 6
Rialto, CA 92377 July 4, 2026
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 2 of 4
PSI V-2021-2

8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the LAKE ELSINORE FIRE PROTECTION PLANNING, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.

9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO’s performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers’ compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO’s performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT’s negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.

The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services.

10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.

11. Limitation of Damages for Ordinary Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits. PYRO shall not be entitled to claim or recover monetary damages from CLIENT beyond the amount CLIENT has paid to PYRO under this Agreement, and in accordance with the percentages set forth in Section14 and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.

12. Force Majeure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.

13. Rescheduling Of Event - If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all reasonably incurred additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.

14. Right To Cancel – CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 or more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO’s damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production.

15. No Joint Venture - It is agreed, nothing in this Agreement or in PYRO’s performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.

16. Applicable Law - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.

It is further agreed that the Central Judicial District of Riverside County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.

17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO – Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.

Locust Avenue, Rialto, California 92377. CLIENT – City of Lake Elsinore, 130 South Main St. Lake Elsinore, CA 92330.

Pyro Spectaculars, Inc. City of Lake Elsinore
P.O. Box 2329 Program A, Rev. # 6
Rialto, CA 92377 July 4, 2026
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 3 of 4
PSI V-2021-2

18. Modification of Terms – All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.

19. Severability – If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT’s obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO’s offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.

20. Price Firm – If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.

PRICE FIRM through April 1, 2026
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.

See PRICE FIRM conditions, paragraph 20, above.

EXECUTED as of the date first written above:

PYRO SPECTACULARS, INC. CITY OF LAKE ELSINORE
By: By:

Its: Vice President Its:

Date:

Print Name
Date:

SHOW PRODUCER: Jeff Martin
Pyro Spectaculars, Inc. City of Lake Elsinore
P.O. Box 2329 Program A, Rev. # 6
Rialto, CA 92377 July 4, 2026
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 4 of 4
PSI V-2021-2

SCOPE OF WORK
PYRO SPECTACULARS, INC. (“PYRO”)
and
CITY OF LAKE ELSINORE (“CLIENT”)

Pyro shall provide the following goods and services to CLIENT:
 One Pyro Spectaculars, Inc., Production on July 4, 2026, at approximately 9:00 PM at Lake Elsinore Levee, 500 Diamond Dr., Lake Elsinore, CA.
 All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product.  Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance.  Application for specific pyrotechnic permits relating to the Production.  Insurance covering the Production as set forth in the Agreement with the following limits:

CLIENT shall provide to PYRO the following goods and services:
 All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
 Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production.
 Costs of all permits required for the presentation of the Production and the event as a whole.  Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all setup and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.  General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary.

Insurance Requirements Limits
Commercial General Liability $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage)
Business Auto LiabilityOwned, Non-Owned and Hired Autos $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage)
Workers’ Compensation Statutory
Employer Liability $1,000,000 Per Occurrence

CITY OF LAKE ELSINORE

PROPOSAL FOR SPECIAL EVENT

PREPARED BY
Jeff Martin

PREPARED FOR
Johnathan O.skinner
March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 1 of 9
January 23, 2026

CITY OF LAKE ELSINORE
Johnathan O.skinner
130 S. Main St.

Lake Elsinore, CA 92330
Pyrotechnics Close Proximity Display Fireworks Firecrackers Theatrical Effects Spark Machines Flames CO2 Cryo Jets Confetti/Streamers Lights Foggers Drones Light Animations Accents
Dear City of Lake Elsinore,
Enclosed you will find three important documents that outline our Special Event proposal in detail:

1. Product Synopsis - Proposal: Provides the specifications of the devices and products to be used in your event.

2. Production Agreement: Presents the terms and conditions for the production of your event, including engagements, duties, and payment dates and amounts..

3. Scope of Work: Outlines the responsibilities and services to be provided by both Pyro Spectaculars, Inc. and City of Lake Elsinore that will be necessary for the execution of the production of your event, along with insurance limits and requirements.

Pre-production: To confirm your program, kindly submit the fully executed Production Agreement to our office by the stipulated firm price date, Wednesday, April 01, 2026. Your initial payment is due at our office by Wednesday, April 01, 2026. The final payment is required by Friday, June 05, 2026. Please be advised that program availability, pricing, and show dates may be subject to alteration if the agreement and payments are not remitted promptly.

If you have any questions, or wish to discuss your program in detail, please do not hesitate to contact me or your dedicated Customer Service Representative, Luis Ruiz at (909) 355-8120.

Sincerely,
Jeff Martin
[email protected]
(909) 831-9985
Pyro Spectaculars, Inc.

March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 2 of 9

PYROTECHNIC PROPOSAL

CITY OF LAKE ELSINORE
SPECIAL EVENT | SATURDAY, JULY 04, 2026
$55,000.00
MAIN DISPLAY (4 ITEMS)

DEVICE NAME QTY TOTAL SHOTS
4" Designer Bombardment Shells 4 200
5" Designer Bombardment Shells 3 72
6" Designer Bombardment Shells 5 75
8" Designer Bombardment Shells 21 21
Main Display Totals 33 368
LOW LEVEL (1 ITEMS)

DEVICE NAME QTY TOTAL SHOTS
Gold Line Multishot Device 2 200
Low Level Totals 2 200
GRAND FINALE (5 ITEMS)

DEVICE NAME QTY TOTAL SHOTS
Aerial Display Shells Multishot Device 3 75
3" Designer Bombardment Shells 36 180
4" Designer Bombardment Shells 12 60
5" Designer Bombardment Shells 3 9
6" Designer Bombardment Shells 2 6
Grand Finale Totals 56 330
📦 Total Items: 10 🔢 Total Quantity: 91 🎆 Total Shots: 898 📂 Product Types: 2 March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 3 of 9
Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style.

March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 4 of 9
PYRO SPECTACULARS, INC.

PRODUCTION AGREEMENT
This agreement and scope of work, hereinafter referred to as "Agreement," is made this ________ day of ______________________, 20________, by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as "Pyro," and City of Lake Elsinore, hereinafter referred to as "Client." Pyro and Client are sometimes collectively referred to as "Parties" or individually as "Party."

SCOPE OF WORK

1. Engagement – Client hereby engages Pyro to provide to Client a production or series of productions that includes the following checked elements ("Production"), and Pyro accepts such engagement upon all of the promises, terms, and conditions hereinafter set forth ("Scope of Work"). The Production shall be substantially as outlined in the proposal from Pyro to Client dated January 23, 2026, attached hereto and incorporated herein by this reference.

2. Elements of the Production as described in the Proposal Pyrotechnics Theatrical Effects Drones / Other
☐ Close Proximity
☒ Display Fireworks
☐ Firecrackers
☐ Spark Machines
☐ Flames
☐ CO2 Cryo Jets
☐ Confetti/Streamers
☐ Lights
☐ Foggers
☐ Light Animations
☐ Accents
☐ Other

3. Fees, Interest, and Expenses – Client agrees to pay Pyro a fee of $55,000.00 USD ("Fee") plus permit and standby expenses for the Production as follows:

Initial Payment. A payment in the amount of $27,500.00, plus estimated expenses of $0.00 is due upon execution of this Agreement by both Parties but no later than Wednesday, April 01, 2026.

Final Payment. A final payment of $27,500.00 plus any remaining outstanding amounts (e.g., estimate expenses) is due on Friday, June 05, 2026.

4. Pyro shall provide the following Services to Client:

Time and Place – The Production(s) shall take place as follows:

Date Approx. Time Location
Saturday, July 04, 2026 09:00 PM Lake Elsinore Levy
a.

Pyro Services – Pyro shall provide all services, trained technicians, equipment, products, shipping, application for specific permits covering Pyro services only, insurance covering the Production, and the other things on its part to be performed, including preproduction services, (hereinafter, collectively, "Services") as more specifically set forth in this Production Agreement and Scope of Work for each Production.
b.

Expenses – Pyro shall pay all normal expenses directly related to the Production, including freight, insurance as specified herein, and qualified personnel to set up and perform the Production. Client shall pay all costs related to the Production not supplied by Pyro, including, but not limited to, those items outlined as Client's responsibility in this Agreement and Scope of Work. c.

Preproduction – Pyro shall provide preproduction Services and Costs for the Production as applicable, including advance acquisition of materials and products; design, engineering, programming, handling, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance and MCS90 explosives transportation coverage.
d.

March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 5 of 9

5. Client shall provide the following to Pyro:

Permits – Pyro shall make application only for specific fireworks related permits applicable to its Services only in the Production, including the to the local fire department and notices to FAA and USCG, if required. Client shall pay the costs of all permits in addition to the Fee.
e.

Site Arrangements – Client shall provide a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 8 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
a.

On-Site Labor - All on-site labor costs, if any, not provided or performed by Pyro personnel, including, but not limited to, local union requirements, all Site security, Police and Fire Department standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, and clean-up crew. All these additional personnel and services shall be fully insured by and the sole responsibility of Client.
b.

Permitting - Coordination and any applicable event permitting with the local, state or federal government that may hold authority within the Site and Production venue other than permitting expressly provided by Pyro. Costs of all permits required for the presentation of the Production and the event as a whole. c.

Safety Zone - Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that Pyro is at the Site and the load site (if different) on the date(s) of the Production and all set-up and load-out dates, including land and water security to keep unauthorized people, vehicles, vessels, and aircraft from entering the Safety Zone.
d.

General Services - General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for Pyro personnel within the venue, secure parking for Pyro vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. e.
f. On-Site Security – 24-hour on-site security for any time that pyrotechnic worksites are unattended by PYRO personnel.

GENERAL TERMS AND CONDITIONS

6. Proprietary Rights – Pyro represents and warrants that it owns all copyrights, including performance rights, to this Production, except that Pyro does not own Client-owned material or third-party-owned material that has been included in the Production, and as to such Client-owned and third-party-owned material, Client assumes full responsibility therefore. Client agrees that Pyro shall retain ownership of, and all copyrights and other rights to, the Production, except that Pyro shall not acquire or retain any ownership or other rights in or to Client-owned material and third-party-owned material and shall not be responsible in any way for such material.

If applicable, Client consents to the use of Client-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. Pyro reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission of Pyro is prohibited.

7. Safety – Pyro and Client shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within Pyro's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by Pyro for fireworks and confetti to fail or malfunction, or for Pyro to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of Pyro.

8. Security – Client shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by Pyro from entering an area to be designated by Pyro as the area for the set-up and discharge of the Production, including a fallout area satisfactory to Pyro where the fireworks and confetti may safely rise and any debris may safely fall. Pyro shall have no responsibility for monitoring or controlling Client's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.

9. Cleanup – Pyro shall be responsible for the removal of all equipment provided by Pyro and clean up of any live pyrotechnic debris made necessary by PYRO. Client shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.

10. Permits – Pyro agrees to apply for permits for the firing of pyrotechnics only from the Local Fire Department, FAA, and USCG, if required. Client shall be responsible for any fees associated with these permits including standby fees. Client shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 6 of 9
other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.

11. Insurance – Pyro shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with Pyro's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect Client from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from Pyro's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from Client's negligence or willful conduct or from failure of Client to perform its obligations under this Agreement, coverage for which shall be provided by Client.

The coverage of these policies shall be subject to reasonable inspection by Client. Certificates of Insurance evidencing the required general liability coverage shall be furnished to Client prior to the rendering of services hereunder and shall include the following: that the following are named as additionally insured: Client; Sponsors, Landowners, Barge Owners, if any; Permitting Authorities, with respect to the operations of Pyro at the Production; Subcontractors or providers, if any, not covered under their own policies of insurance required hereby

12. Indemnification – Pyro represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, Pyro shall indemnify, hold harmless, and defend Client and the additional insureds from and against any claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of Pyro, their officers, agents, contractors, providers, or employees. Client shall indemnify, hold harmless, and defend Pyro from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of Client, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.

13. Limitation of Damages for Ordinary Breach – – Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 11 and 12, above, in the event Client claims that Pyro has breached this Agreement or was otherwise negligent in performing the production provided herein Client shall not be entitled to claim monetary damages from Pyro beyond the amount Client has paid to Pyro under this Agreement, and shall not be entitled to claim or recover any consequential damages from Pyro including, without limitation, damages for loss of income, business or profits.

14. Force Majeure – Client agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of Pyro and Pyro which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which Client has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, Pyro is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which Client has purchased the Production be canceled as a result of such causes, Client may (i) reschedule the Production and pay Pyro such sums as provided in Paragraph 15, or (ii) cancel the Production and pay Pyro such sums as provided in Paragraph 16, based upon when the Production is canceled.

15. Rescheduling Of Event – If Client elects to reschedule the Production, Pyro shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. Client and Pyro shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks or confetti production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless Pyro agrees that such rescheduling will not adversely affect normal business operations during those periods.

16. Right To Cancel – Client shall have the option to unilaterally cancel the Production prior to the scheduled date. If Client exercises this option, Client agrees to pay to Pyro, as liquidated damages, the following percentages of the Fee as set forth in the Scope of Work, Paragraph 3.1. 1) 50% if cancellation occurs 30 or more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event Client cancels the Production, it will be impractical or extremely difficult to fix actual amount of Pyro's damages. The foregoing represents a reasonable estimate of the damages Pyro will suffer if Client cancels the Production.

17. No Joint Venture – It is agreed, nothing in this Agreement or in Pyro's performance of the Production shall be construed as forming a partnership or joint venture between Client and Pyro. Pyro shall be and is an independent contractor with Client and not an employee of Client. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.

March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 7 of 9

18. Applicable Law – This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.

19. Notices – Any Notice to the Parties permitted or required under this Agreement may be given by tracked overnight courier requiring a signature which is effective the next business day, or by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows:

Pyro – Pyro Spectaculars, Inc., PO Box 2329, Rialto, CA, 92377, US, or for overnight delivery to 3196 N. Locust, Rialto, CA, 92377, US. With an email copy to General Counsel: [email protected].

Client – City of Lake Elsinore, 130 S. Main St., Lake Elsinore, CA, 92330, US.

20. Modification of Terms – All terms of this Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.

21. Severability – If there is more than one Client, they shall be jointly and severally responsible to perform Client's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by Client and after it is executed and accepted by Pyro at Pyro's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.

22. Price Firm - EXECUTED AGREEMENT MUST BE DELIVERED TO Pyro BY Wednesday, April 01, 2026. See Scope of Work, paragraph 3 b).
[Signatures on next page]
March 04, 2026 | Confidential Order ID#: 252248-26-30A | City of Lake Elsinore Page 8 of 9

LEGEND
Detour Route
Road Closure

TRAFFIC FLOW
From Lakepoint Park
• Exit Right Only on Lakeshore Dr towards Diamond Dr
From Elm Grove Beach, Swick & Matich Park
• Exit towards Poe St
• Turn Right on Limited St
• Turn Left on Main St towards freeway
From Graham Avenue
• Turn Left on Spring St towards Collier Ave & Central Ave Westbound Lakeshore Dr
traffic take Avenue 6
detour towards Main St
July 4
th Post-Firework Exit Detour Plan
From 8:45PM until 10:30PM

REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, City Clerk
Date: April 28, 2026
Subject: Minutes of the Regular Successor Agency Meeting of April 14, 2026 Recommendation
Approve the Minutes.

Attachments
Attachment 1 – Draft Minutes
City of Lake Elsinore Meeting Date:

City Council Meeting April 14, 2026
Minutes - Draft
Meeting Time:

Closed Session: 6:00 P.M.

Mayor Magee Open Session: 7:00 P.M.

Mayor Pro Tem Sheridan
Council Member Tisdale Cultural Center
Council Member Manos 183 N. Main Street
Council Member Carroll Lake Elsinore, CA 92530

1. CALL TO ORDER
The Regular Meeting of the City Council was called to order at 6:00 p.m.

2. ROLL CALL

Present: 5 - Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee

Absent: 0 - None

3. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There were no speakers.

4. CLOSED SESSION – 6:00 P.M.

4.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: DS & RS Investment LLC, et al. v. City of Lake Elsinore, et al.; Riverside Superior Court Case No. CVME2402627

5. RECESS
The City Council recessed into Closed Session at 6:01 p.m.

6. RECONVENE/CALL TO ORDER - 7:00 P.M.

The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.

7. PLEDGE OF ALLEGIANCE
Mayor Magee led the Pledge of Allegiance.

City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 2

8. ROLL CALL

Present: 5 - Council/Agency Members Tisdale, Manos, and Carroll; Mayor Pro Tem/Vice Chair Sheridan; and Mayor/Chair Magee

Absent: 0 - None

9. CLOSED SESSION REPORT
City Attorney Leibold reported that one item was discussed; however, no reportable action was taken.

10. PRESENTATIONS/CEREMONIALS

10.1 Proclamation Recognizing Fair Housing Month, April 2026 Proclaim the month of April 2026 as ”Fair Housing Month" in the City of Lake Elsinore and present the proclamation to the Southwest Riverside County Association of Realtors.

Mayor Magee presented the Proclamation to Julie Paulie, Dennell Winston, Helen Jeong, Victor Carrillo, and Clara Asimakopoulos.

10.2 Proclamation Recognizing Municipal Clerks' Week, May 3-9, 2026 Proclaim the week of May 3-9, 2026, as Municipal Clerks Week in the City of Lake Elsinore and present the proclamation to the City Clerk’s Office in recognition of their services to the community.

Mayor Magee presented the Proclamation to City Clerk Candice Alvarez, Deputy City Clerk Luz Reyes, and Administrative Assistant Dunelle Longoria.

10.3 Riverside County Sheriff’s Office 2026 First Quarter Statistical Update This item was continued to the next Council meeting.

11. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Nathan Garcia was called to speak.

Carson Gray was called to speak.

Julie Paule was called to speak.

Kristen Spoon was called to speak.

City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 3

12. CITY COUNCIL CONSENT CALENDAR
Moved by Council Member Manos, Seconded by Council Member Tisdale to approve the City Council Consent Calendar. The motion carried by the following vote:

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)

12.1 Minutes of the Regular City Council Meeting of March 24, 2026 Approve the Minutes.

This item was approved on the City Council Consent Calendar.

12.2 CC Warrant Report Dated March 09, 2026 to March 15, 2026 Receive and file.

This item was approved on the City Council Consent Calendar.

12.3 CC Warrant Report Dated March 16, 2026 to March 22, 2026 Receive and file.

This item was approved on the City Council Consent Calendar.

12.4 Second Reading of an Ordinance Authorizing the Levy of Special Taxes for Annexation Proceedings for Annexation No. 28 into Community Facilities District No. 2015-2 (Maintenance Services) for Assessor’s Parcel Numbers (APNs) 381-320-020 and 381-320-026 (Bamiyan Marketplace) Adopt by title only and waive further reading of AN ORDINANCE AMENDING ORDINANCE NO. 2016-1359 OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF

LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 4

12.5 Adoption of Amendments to Council Policy Nos. 200-1 and 200-2 and Adoption of New Council Policy No. 200-12 Implementing SB 707 Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING COUNCIL POLICY NO. 200-1

REGARDING CITY COUNCIL MEETING RULES & PROCEDURES, AMENDING COUNCIL POLICY NO. 200-2 REGARDING OPEN MEETINGS-BROWN ACT, AND ADOPTING COUNCIL POLICY NO. 200-12 REGARDING REMOTE

PARTICIPATION, DISRUPTIONS, AND TRANSLATION/LANGUAGE ACCESS FOR CITY COUNCIL MEETINGS.

This item was approved on the City Council Consent Calendar.

12.6 Public Works Agreement with SAS Construction for the Bid Set ‘E’, on the new City Senior Housing Project (CIP Project No. Z20026) Approve and authorize the City Manager to execute a Public Works Construction Agreement with SAS Construction in an amount not to exceed $4,273,400.00 for bid set ‘E’ on the new City Senior Housing Project located on Riley Street in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $427,340.00 for uncertainties and adjustments; and authorize the City Clerk to record the Notice of Completion once work is completed.

This item was approved on the City Council Consent Calendar.

12.7 Launch Pointe Camp Host Program
Approve and authorize the City Manager to implement a Camp Host Program at Launch Pointe in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

12.8 General Plan and Housing Element Annual Progress Reports for Calendar Year 2025 and Housing Successor Annual Report for Fiscal Year 2024-25 Receive and file the City’s General Plan and Housing Element Annual Progress Report (APR) for Calendar Year 2025 and the Housing Successor Annual Report (SB 341) for Fiscal Year 2024-25 and acknowledge submittal of the reports to the Governor's Office of Land Use and Climate Innovation and the Department of Housing and Community Development.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 5

13. SUCCESSOR AGENCY CONSENT CALENDAR
Moved by Agency Member Tisdale, Seconded by Vice Chair Sheridan to approve the Successor Agency Consent Calendar. The motion carried by the following vote:

Yes (5): Agency Members Tisdale, Manos, and Carroll; Vice Chair Sheridan; and Chair Magee
Absent (0): None
Carried (5 to 0)

13.1 Minutes of the Regular Successor Agency Meeting of March 24, 2026 Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

13.2 SA Warrant Report Dated March 09, 2026 to Mar 15, 2026 Receive and file.

This item was approved on the Successor Agency Consent Calendar.

13.3 SA Warrant Report Dated March 16, 2026 to Mar 22, 2026 Receive and file.

This item was approved on the Successor Agency Consent Calendar.

13.4 Amendment No. 1 to the Agreement with Hemet Fence for Removal and Installation of New Posts and a Windscreen at Lake Elsinore Diamond Stadium
Approve and authorize the Executive Director to execute Amendment No. 1 to the Agreement with Hemet Fence for the removal and installation of new posts and a windscreen at Lake Elsinore Diamond Stadium to increase compensation by an additional $9,300 for a total amount not to exceed $54,300 in such final form as approved by the Agency Attorney.

This item was approved on the Successor Agency Consent Calendar.

14. PUBLIC HEARINGS
City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 6

14.1 Election for Annexation Proceedings for Annexation No. 29 Into Community Facilities District No. 2015-2 (Maintenance Services) for Tentative Tract Map (TTM) 34249 (Canyon Hills Heights)

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX

WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
(ANNEXATION NO. 29);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE
SERVICES) (ANNEXATION NO. 29); and

3. Introduce by title only and waive further reading of AN ORDINANCE AMENDING ORDINANCE NO. 2016-1359 OF THE CITY COUNCIL OF THE

CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES.

The Public Hearing was opened at 7:18 p.m.

City Clerk Alvarez noted that no written requests were received.

There were no speakers.

The Public Hearing was closed at 7:20 p.m.

Moved by Council Member Manos, Seconded by Council Member Carroll to adopt the Resolution in Recommendation No. 1. The motion carried by the following vote:

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 7
Moved by Council Member Manos, Seconded by Council Member Carroll to adopt the Resolution in Recommendation No. 2. The motion carried by the following vote:

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
Moved by Council Member Carroll, Seconded by Council Member Manos to introduce the Ordinance in Recommendation No. 3. The motion carried by the following vote:

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)

14.2 Election for Change Proceedings for Community Facilities District No. 2025- 1 (Canyon Hills Heights)

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE CITY OF LAKE

ELSINORE (CANYON HILLS HEIGHTS), APPROVING AN AMENDED AND

RESTATED RATE AND METHOD OF APPORTIONMENT AND CALLING AN ELECTION THEREIN;

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE CITY

OF LAKE ELSINORE (CANYON HILLS HEIGHTS), CERTIFYING THE RESULTS OF THE APRIL 14, 2026, SPECIAL ELECTION; and

3. Introduce by title only and waive further reading of AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE CITY OF LAKE ELSINORE (CANYON HILLS HEIGHTS) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT.

The Public Hearing was opened at 7:23 p.m.

City Clerk Alvarez noted that no written requests were received.

There were no speakers.

The Public Hearing was closed at 7:25 p.m.

City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 8
Moved by Mayor Pro Tem Sheridan, Seconded by Council Member Tisdale to adopt the Resolution in Recommendation No. 1. The motion carried by the following vote:

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
Moved by Council Member Tisdale, Seconded by Council Member Carroll to adopt the Resolution in Recommendation No. 2. The motion carried by the following vote:

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)
Moved by Council Member Tisdale, Seconded by Council Member Manos to introduce the Ordinance in Recommendation No. 3. The motion carried by the following vote:

Yes (5): Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee
Absent (0): None
Carried (5 to 0)

15. BUSINESS ITEMS

16. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
There were no speakers.

17. CITY MANAGER COMMENTS
City Manager Simpson called Battalion Chief Reed, who introduced Riverside County Fire Chief Robert Fish.

18. CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.

19. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Carroll spoke on his participation in the Lake Elsinore Color Run; shared photos from Lake Elsinore Girls Softball night at Diamond Stadium; and announced that the Food Truck Festival has moved to Launch Pointe on Thursday evenings.

City Council Minutes - Draft April 16, 2026
City of Lake Elsinore Page 9
Council Member Tisdale reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on April 6, 2026 and advised that he will attend the General Assembly on June 18, 2026; reminded residents to contact the Northwest Mosquito and Vector Control District if they notice an increase in mosquitoes around their home; and spoke on Riverside County Fire Chief Fish's appointment.

Council Member Manos reported on his attendance at the Riverside County Airport Land Use Commission meeting on April 9, 2026; spoke on Storm Opening Night; and shared his participation in the Lake Elsinore Color Run.

Mayor Pro Tem Sheridan shared the Riverside Transit Agency's Customer Information Center's hours and availability, the success of the Lake Elsinore Historical Society's fourth Speaker Series Event, his attendance at the Boys & Girls Club Great Futures Breakfast, and that he participated in the Riverside County Film Commission Greater Lake Elsinore FAM Tour; congratulated Students of the Month; reported on the Lake Elsinore Storm's Opening Day; and invited community members to participate in the COPS for Kids Golf Classic on May 1, 2026 at the Glen Ivy Golf Club and Habitat for Humanity Hit FORE Homes Golf Classic on June 15, 2026 at the Bear Creek Golf Club.

Mayor Magee reported on his attendance at the Riverside County Transportation Commission Executive Committee meeting on April 8, 2026; invited the community to participate in the 13th Annual Lake Elsinore Dream Extreme Fishing Derby on May 16, 2026 from 5:00 a.m. - 2:00 p.m. at Launch Pointe and 2nd Annual Carp Quest on May 17, 2026 from 6:00 a.m. - 2:30 p.m. at Launch Pointe; and spoke on the response to the Ontario warehouse fire, stressing the effects the incident will have on new legislation.

20. ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:58 p.m. to the next Regular meeting of Tuesday, April 28, 2026 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

Candice Alvarez, MMC
City Clerk