Every attempt will be made to award the Agreement for Contractor Services within sixty (60) calendar days after the opening of the Proposals.
F. EXECUTION OF AGREEMENT
A Contractor Service Agreement shall be signed by the successful Contractor in duplicate and returned within ten (10) calendar days after the date of the award of the Agreement for Contractor Services by the City Council. The Agreements shall be returned together with:
- City of Lake Elsinore Business License
- Fidelity Bond - - Insurance certificate(s)
In the event that the successful Contractor to whom the Agreement for Contractor Services is awarded defaults in executing the required Agreement or fails to submit the required documents to the City within ten (10) calendar days after the date of the Award of the Agreement for Contractor Services, acceptance of the Proposal and award of the Agreement for Contractor Services may be considered null and void. The Agreement for Contractor Services may then be awarded to the next lowest responsible Contractor.
G. CONTRACTOR INDEBTEDNESS AND INDEMNIFICATION
Contractor shall be required to indemnify, defend and hold the City harmless as provided in the Agreement for Contractor Services.
H. DEFAULT BY CONTRACTOR
In case of default by the awarded Contractor, the City may procure the work, materials or service from other sources. The City may deduct any excess cost from any unpaid balance due to the Contractor or may bill for same at the City's discretion. The prices in such events shall be the prevailing market price at the time of purchase.
I. MATERIAL, EQUIPMENT AND SAFETY REGULATIONS
The work, labor, and materials which the Contractor proposes to furnish to the City must comply in all respects with the appropriate equipment and safety regulations of all Federal, State, and local regulatory commissions whether such equipment or safety features have been outlined or required in these specifications or not. Contractor shall assume full responsibility for any violations and/or noncompliance with such regulations.
In compliance with California state law, Contractor shall have an active ongoing Injury and Illness Prevention Program in place. Evidence of such shall be submitted with the Contractor shall use only biodegradable cleaning products that will return to a natural state within fifteen (15) days after entering the sewage system. The City reserves the right to request a list of all products being used by the awarded Contractor. Samples may also be requested by the City at any time during the contract period. Should any products normally require an MSDS, such documentation shall be provided by the Contractor.
Contractor shall furnish and maintain in good condition all equipment and supplies, except for consumables, required for the performance of this Agreement. The equipment and supplies shall meet all requirements, ordinances, and laws. All vacuum cleaners shall have HEPA filters.
J. CONFLICT OF INTEREST
Submission of a Proposal certifies that no City employee, whose position in City service enables him or her to influence any award of a contract hereunder, is employed by the submitter or has any direct or indirect financial interest in any transaction resulting from this RFP.
K. INSURANCE REQUIREMENTS
The Contractor will comply with the insurance requirements as set forth in the Agreement for Contractor Services
L. LICENSES AND PERMITS
The Contractor shall obtain and incur all costs for certificates, licenses, and permits necessitated by their operations. Prior to starting any work, the Contractor and any approved subcontractor shall obtain and maintain a City of Lake Elsinore business license throughout the life of the Agreement for Contractor Services.
The Contractor shall, upon demand, present to the City all necessary certificates, licenses, and permits as required by Federal, State, and local regulations as necessary to perform the work and deliver materials provided to the City.
M. LABOR, LABOR CODE AND MINIMUM WAGE
The Contractor and all approved subcontractors shall be required to comply fully with Federal and State Minimum Wage guidelines. All requirements regarding labor are further set forth in the Agreement for Contractor Services.
N. EXAMINATION OF SITE AND WORK
Contractors are responsible for determining the square footage and boundaries of each site, examining the physical conditions and surroundings of the proposed work, and judging for themselves the extent to which these factors will influence the performance of the contract work. The existing condition of each proposed work location is not intended, nor to be inferred, as a representation of satisfactory maintenance or performance, whether expressed or implied by the City or its employees. The Contractor shall not be relieved of liability under the Contract, nor shall the City be liable for any loss sustained by the Contractor, as a result of any variance between conditions as referred to in the specifications and the actual condition revealed during the examination of the locations of the proposed work. No additional compensation or relief from any obligations of the Contract will be granted because of lack of knowledge of the work sites or conditions under which the work will be accomplished.
O. PRE-JOB MEETING
Prior to the beginning of any actual work being performed, the Contractor to whom the award is made will be required to meet with City representatives for the purpose of reviewing the specifications, instructions, and procedures.
P. DISPLACED JANITOR OPPORTUNITY ACT
The Displaced Janitor Opportunity Act, enacted by Senate Bill 20, Chapter 795, and effective for contracts awarded on or after January 1, 2002, requires the City to identify the following requirements of the statute in its initial Proposal package. The statutory obligations apply only to contractors with 25 or more employees.
The requirements include notice to a new contractor that they must retain for sixty (60) days any employees employed at the same site for at least the preceding four (4) months by the previous contractor, absent "reasonable and substantiated cause" not to hire based on the employee's performance or conduct. The City, when awarding a replacement contract, will provide, in a timely manner, the name and address of the new contractor to the previous contractor.
The new contractor is not required to pay the same wage or offer the same benefits, but the new contractor must make a written offer of employment to each non-management, non-supervisory service employee in a language in which the employee is literate. The offer shall state the time (of no less than 10 days) within which the employee must accept the offer. The new contractor may not discharge any holdover employees during the first 60 days of their new employment, except for cause. At the end of 60 days, the new contractor must provide a written performance evaluation to each retained employee and
must offer the employee continued employment if the performance was satisfactory.
Employment thereafter may be at will.
ATTACHMENTS
Attachment A: City of Lake Elsinore Standard Agreement for Professional Services
AGREEMENT FOR PROFESSIONAL SERVICES
Click or tap here to enter text.
Click or tap here to enter text. This Agreement for Professional Services (the Click or tap to enter a date. Click or tap here
to enter text., a Click or tap here to enter text. ("Consultant").
RECITALS A. The City has determined that it requires the following professional services:
Click or tap here to enter text. B. Consultant has submitted to City a proposal, dated Click or tap to enter a date., attached hereto as Exhibit A 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 hat 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 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 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
3. Compensation. Compensation to be paid to Consultant shall be in accordance herein by reference. Click or tap here to enter text.
dollars (Click or tap here to enter text.) without additional written authorization from the 2 City.
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.
applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides 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 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 e, 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,
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.
expense, provide such reports, plans, studies, documents and other writings to City upon written request.
under the Public Records Act, and any third-party 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, 32 years
3 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
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.
gazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent of City.
8. . 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 ddress 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 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, -in-interest.
32 4
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 Consul exclusive direction and control. Neither City nor any of its officers, employees, or agents 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 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 5 be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to
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.
Manager, the following
insurance policies.
i. .
laws of the State of California. In addition, Consultant shall require each subcontractor to employees. Any notice of cancellation or non- nsation 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 6 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.
No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions 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 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, 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.
7 v. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
vi. 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.
vii. 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.
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: Click or tap here to enter text.
Attn: Click or tap here to enter text.
Click or tap here to enter text. Click or tap here to enter text.
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. 8 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. . 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 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 nondiscrimination 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 9 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.
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. 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
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]
Or
10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF LAKE ELSINORE, a municipal
corporation
_________________________________ City Manager
ATTEST: __________________________________ City Clerk
APPROVED AS TO FORM: _________________________________ City Attorney _________________________________ Assistant City Manager Click or tap here to enter text., a Click or tap here to enter text. ___________________________________ By: Click or tap here to enter text.
Its: Click or tap here to enter text.
Attachments: Exhibit A
Exhibit B List of Subcontractors
Manywork si Many
4 Type text here
EXHIBIT A
PROPOSAL DOCUMENTS
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
PROPOSAL BID SCHEDULE CONTRACTOR: _____________________________________________________ All Park restrooms to be serviced (7) seven days per week and all holidays with the exception of Rosetta Sports Park.
NOTE: The Proposal shall include, but not be limited to, sales tax and all other applicable taxes and fees.
PROPOSAL SCHEDULE
CONTRACTOR: ______________________________________________
SITE ADDRESS SERVICE DAYS LOCK GATE
MONTHLY
COST
1. Alberhill Community Park 28200
Lake Street
Monday-Sunday and all
Holidays
2. Canyon Hills Community
Park
34360 Canyon Hills Road
Monday-Sunday and all
Holidays
Lock (1) Gate
Monday Sunday
and all Holidays
3. Creekside Park 3200
Lost Road
Monday-Sunday and all
Holidays
Lock (1) Gate
Monday Sunday
and all Holidays
4. Lakepoint Park 420
E. Lakeshore Drive
Monday-Sunday and all
Holidays
Lock (1) Gate
Monday Sunday
and a ll Holidays
5. Machado Park
15150 Joy Street
Monday-Sunday and all
Holidays
6. McVicker Canyon Community
Pk. 29355 Grand Avenue
Monday-Sunday and all
Holidays
Lock (1) Gates
Monday-Sunday and
all Holidays
7. McVicker Canyon Skate Pk.
29355 Grand Avenue
Monday-Sunday and all
Holidays
Lock (1) Gates
Monday-Sunday and
all Holidays
8. Rosetta Canyon Community
Park
and Rosetta Office
39423 Ardenwood Way
Monday-Sunday and all
Holidays
Lock (1) Gates
Monday-Sunday and
all Holidays
9. Rosetta Sports Park
44419 Ardenwood Way
Monday-Sunday and all
Holidays
Lock (2) Gates
Monday-Sunday and
all Holidays
10. Serenity Park
19685 Palomar Street @
Silverwood
Drive
Monday-Sunday and all
Holidays
Lock (1) Gate
Monday-Sunday and
all Holidays
11. Summerhill Park
31613 Canyon Estates Dr.
Monday-Sunday and all
Holidays
Lock (1) Gates
Monday-Sunday and
all Holidays
Alvarez Enterprise Services
$570.43
$770.08
$570.43
$570.43
$570.43
$570.43
$1140.86
$570.43
$570.43
$570.43
$570.43
12. Summerlake Park
900 W. Broadway
Monday-Sunday and all
Holidays
13. Summerly Park
18505 Malaga
Monday-Sunday and all
Holidays
Lock (1) Gates
Monday-Sunday and
all Holidays
14 . Swick & Match Park
Concession Stand
402 Limited Street
Monday-Sunday and all
Holidays
Lock (1) Gates
Monday-Sunday and
all Holidays
15. Swick & Match Park
Ballfield
402 Limited Street
Monday-Sunday and all
Holidays
16. Tuscany Hills Park
30 Summerhill Drive
Monday-Sunday and all
Holidays
Lock (3) Gates
Monday-Sunday and
all Holidays
17. Yarborough
Park 419 N. Poe
Street
Monday-Sunday and all
Holidays
18. Seaport Boat Launch
500 W. Lakeshore
Drive
Monday-Sunday and all
Holidays
Lock (2) Gate
Monday-Sunday and
all Holidays
19. Christensen Park
36300 Piedmont Dr.
Monday-Sunday and all
Holidays
Lock (1) Gate
Monday-Sunday and
all Holidays
MONTHLY COST PROPOSAL TOTAL
Total Amount of Base Bid in NUMBERS: $________________________________________ Total Amount of Base Bid in WORDS: _____________________________________________ B
Total Amount of Base Bid in NUMBERS: $_________________________________________ Total Amount of Base Bid in WORDS: ____________________________________________ Orange county Orang
Type text here
$570.43
$570.43
$570.43
$570.43
$570.43
$570.43
$550.43
$162.61
with consumables included
11180.51
eleven thousand one hundred eighty dls. and fifty one cents
SERVICE UNIT COST
Wash and polish light fixtures, lamps, and reflectors Per Fixture Machine carpet cleaning, other than scheduled
requirement
Per Sq. Ft
Special Event Cleaning of one Meeting Room at
Cultural Center
Per Event
Special Event Cleaning of the Kitchen at Lake
Community Center
Per Event
Special Event Cleaning at Senior Center Per Event
Labor for On-Call Services (Day) 8
a.m. 5 p.m.
Per Hour
Labor for On-Call Services (Evening/Night) 5
p.m. 8 a.m.
Per Hour
Labor for On-Call Services Holidays Per Hour
INFORMATION ON CONTRACTOR/STATEMENT OF EXPERIENCE
The Contractor is required to supply the following information. Additional sheets may be attached, if necessary. The Contractor shall furnish references and other information sufficiently comprehensive to permit an appraisal of his ability to provide the City with quality service.
Submitted by: Corporation
Partnership
Individual
Joint Venture
If a corporation, organized under the laws of what state? Address of Principal Office: _______________________________________ _______________________________________________ Telephone: ________________________ Web Site:
The signatory of the Statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to accurately complete this Statement, or the making of any false statement therein, may render a Proposal non-responsive at the sole discretion of the Director of x
40974 Bankhall st. Lake Elsinore, CA, 92532
951-387-0051
alvarezenterpriseservices.com
$14.00
$0.35
$42.34
$42.34
$42.34
$42.34
$150.00
$150.00
Administrative Services. All portions must be completed. Contractors who do not thoroughly complete and return this form will be deemed non-responsive and will be excluded from submitting a Proposal.
1. How many years has your firm been in business under its present business name? 2.
3. Please list all other or former names under which your firm has operated.
4. How many years of similar janitorial services experience does your firm have?
5. On a separate piece of paper, please list at least five public agencies that your firm has performed janitorial services for within the past five years. If you have not performed service for four public agencies, list at least four references, including all public agencies for which you have performed service. Provide the following information for each reference:
Dates Type of Contract Location Contact Person
Worked Work Amount of Work (Name and Phone No.)
5. Have you, your firm, or any officer or partner thereof, ever failed to complete a janitorial service contract? Yes No
If yes, give details, including dates: (Use another sheet of paper, if necessary)
6. Has your firm ever been assessed damages or penalties for failing to perform janitorial services in a satisfactory manner or for failing to complete a contract within the scope of work specified in the contract documents?
Yes No If yes, give details:
7. In what other lines of business do you, your firm, or any partner thereof have a financial interest?
8. Use additional paper if needed to describe the janitorial services/maintenance experience of the principal individuals in your firm by furnishing the following information:
Name:
Present Position or Office Held in Your Organization:
9 years
n/a
34 years
x
x
Adan Alvarez
Manager
Years of Janitorial Service Experience:
Magnitude and Type of Work:
In What Capacity?
9. Use additional paper if needed to describe the janitorial services/maintenance experience of the individual in your firm who will act as the Contract Supervisor for the Agreement by furnishing the following information:
Name:
Present Position or Office Held in Your Organization:
Years of Janitorial Service Experience:
Magnitude and Type of Work:
In What Capacity? ______ Use additional paper if needed to describe the janitorial services/maintenance experience of the individual in your firm who will act as the Contract Supervisor for the Agreement by furnishing the following information:
Name:
Present Position or Office Held in Your Organization:
Years of Janitorial Service Experience:
Magnitude and Type of Work:
In What Capacity?
Use additional paper if needed to describe the janitorial services/maintenance experience of the individual in your firm who will act as the Contract Supervisor for the Agreement by furnishing the following information:
Name:
Present Position or Office Held in Your Organization:
32 Many work sites Many
Orange, Los Angeles, Riverside counties
Erik Alvarez
Manager
9 years
worked in many job sites and projects
Across the Riverside County
Laura Reyes
Janitor / lead
7 years
worked in many job sites and projects
Across the Riverside county
Madeiny Arroyo
Janitor / lead
Type text here
$5.43
Years of Janitorial Service Experience:
Magnitude and Type of Work:
In What Capacity? Use additional paper if needed to describe the janitorial services/maintenance experience of the individual in your firm who will act as the Contract Supervisor for the Agreement by furnishing the following information:
10. Does your firm have any ongoing investigations by any agency regarding violations of the State Labor Code, California Business and Professions Code, or other laws? Yes No If yes, please explain:
11. Does your firm have any outstanding judgments, demands or liens resulting from violations of the Business and Professions Code, the State Labor Code, Civil or Criminal decisions?:
Yes No If yes, please explain:
12. Has your firm been cited for violations of OSHA Standards and Requirements within the past five (5) years? Yes No If yes, please explain:
13. Name and Title:
Date(s) Inspected:
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was subscribed at (location):
, State of California on
. (Date)
(Individual, Partner, or Officer must sign here)
City of Lake Elsinore Preferred Product List
4 years
worked in many job sites and projects
Across the Riverside County
x
x
x
Fidel Alvarez
9/23/2023
Lake Elsinore
9-28-2023
Item Number Description
Waxie Products:
160286 WAXIE REMINDAIR CARVE AIR FRESH MANGO 10/BX 6BX/CS 160287 WAXIE REMINDAIR CARVE AIR FRESH COTTON BLOSS 10/BX 6BC/CS 160288 WAXIE REMINDAIR CARVE AIR FRESH CUMCUMBER MEL 10/BX 6BX/CS 161362 WAXIE WAVE 3D URINAL DEODORANT SCREEN MANGO 10/BX 6BX 163500 FALCON CARTRIDGE SINGLE
170018 WAXIE GERMICIDAL ULTRA BLACH GL 3/CS
170254 WAXIE KLEEN PINE #5 GL 4/CS
380254 WAXIE LAN-0-TON LANOLIN-BASED HAND SOAP ALMON GL 4/CS 386312 WAXIE-GREEN CLEAN TOUCH BOTANIC
702490 WAXIE 23X42 1.15
703075 WAXIE 33X39 2 MIL BLACK MAX LINER 150/CS
704515 WAXIE 24X33 8 MIC NAT CORELESS ROLL LINER 20/50 (1000/CS) 820715 WAXED PAPER LINER FOR WAL UNIT -250 PER CASE
850232 WAXIE 2001 CLEAN & SOFT WHITE MUL TIFOLD TOWEL EPA CPG 16X250 850550 89480 ENMOTION BROWN ECO LOGO HIGH-CAPACITY ROLL TOWEL 6X800 851178 WAXIE 1855 CLEAN & SOFT WHITE 2-PLY BATH TISSUE 80/550 851443 WAXIE 5100 CLEAN & SOFT 2-PLY FACIAL TISSUE FLAT BOX 30/100 851530 WAXIE 041 TOILET SEAT COVERS 20/250 (5000/CS) CASE ONLY 19375 COMPACT TOILET TISSUE
1 REQUEST FOR PROPOSALS (RFP) FACILITIES JANITORIAL SERVICES Prepared for
CITY OF LAKE ELSINORE
Public Works Department
130 S. Main Street
Lake Elsinore, California, 92530 Prepared by
Fidel Alvarez
Alvarez Enterprise Services
40974 Bankhall St, Lake Elsinore CA, 92532
951-387-0051
[email protected]
Submitted on
9/28/2023
2 TABLE OF CONTENT
Cover Letter - - - - - - - - - - 1
Table of content - - - - - - - - - 2
Mission Statement - - - - - - - - - 3
List of Representative Projects & References - - - - - 4 Understanding of Project and Project Approach - - - - 5 Daily Service - - - - - - - - - 6
Why Choose Alvarez Enterprise Services- - - - - - 7
Personnel - - - - - - - - - - 8
Cost Proposal - - - - - - - - - 9
Conclusion - - - - - - - - - - 10
City of Lake Elsinore RFP/BID 2019 Attachment
3 Mission Statement
The business world is extremely fast paced because, as the saying goes, time is money.
Unfortunately, because of this mind-set we have lost some of the most important aspects of human interaction. That is why at Alvarez Enterprise Services makes the time for our clients. We want our clients to know that when you deal with our company it is not business as usual. We take the time necessary not only to get the job done, but also to get to know our clients and provide them with an atmosphere conducive to their needs.
We encourage our clients to speak freely with us so that we can make sure that their expectations are met and exceeded.
4 List of Representative Projects & References
We have provided excellent service to different customers in the following areas:
Commercial and Residential cleaning
Post-construction cleanup
Deep cleaning
Window cleaning/washing
Pressure Washing
Carpet cleaning
Floor Striping and Waxing
Graffiti Removal (Providing this Service to EVMWD)
We count within our clientele entities as:
Elsinore Valley Municipal Water District
Daryl Conner 951-258-9316 [email protected]
J. Lewis & Associates
Robin Lewis 951-329-0379 [email protected]
ProWall Painting
Travis Campbell 951-818-2245 [email protected] Grace Point Nazarene Church
Pastor Juan Castro 909-210-1251 [email protected]
Esparza Realty
Alejandro Guerrero 562-810-6200 [email protected]
5 Understanding of Project and Project Approach
Alvarez Enterprise Services is pleased to present to CITY OF LAKE ELSINORE with this proposal for Janitorial Services. We understand the fast and efficient cleaning needs that CITY OF LAKE ELSINORE are faced with and recognize the unique opportunity to provide you with professional cleaning services.
Having duly examined your requirements, we are confident that our proposed services will effectively meet your cleaning and sanitizing needs as stated in RFP/ BID 2019 Our goals is to provide excellent janitorial services that does not only clean for appearance that most traditional cleaning services use, but to provide a service that reduces the spread of illness caused by germs in the place where people work and to complete this tasks in a daily basis.
Facilities included are:
All city Parks
Lakepoint Park 420 E. Lakeshore Dr.
McVicker Park Upper 1 29355 Grand Avenue
McVicker Park Lower 1 29355 Grand Avenue
Summerly Park 18505 Malaga
Summerhill Park 31613 Canyon Estates Dr.
Summerlake Park 900 W. Broadway
Swick-Matich Park Ballfield 1 402 Limited Street
Swick-Matich Park Concession 1 402 Limited Street
Tuscany Hills Park 30 Summerhill Drive
Yarborough Park 419 N. Poe St.
Machado Park 15150 Joy St.
Creekside Park 32000 Lost Rd.
Alberhill Park 28200 Lake St.
Rosetta Park 1 39423 Ardenwood Way
Rosetta Sports Park 1 44419 Ardenwood Way
Seaport Boat Launch 500 West Lakeshore Dr.
Serenity Park 19685 Palomar St. at Silverwood Dr.
Christensen Park 36300 Piedmont Dr.
Canyon Hills Park 34360 Canyon Hills Road
6 By availing yourself to our services City of Lake Elsinore will:
Have access to high quality professional cleaning services Enjoy friendly service, reliable quality, and communication that is second to none Have access to janitorial services that has been proved to eliminate the spread of infections virus and bacteria plus a clean feeling appearance.
Enjoy clean looking office
Clean looking carpets and shiny floors performed by the latest technology on cleaning equipment
The intent of this specification is to ensure a High Standard of Janitorial service for
DAILY SERVICE
Sweep and mop all hard-surfaced floors.
Empty all waste containers and place trash in pick- up areas.
Spot clean door and partition glass.
Remove smudges from doors, door frames, and counters.
Replace wastebasket liners as necessary.
Clean flat surfaces, countertops.
Wipe clean and sanitize all banisters with disinfectant.
7 WHY CHOOSE ALVAREZ ENTERPRISE SERVICES
Benefits of proposed plan
When comparing our capabilities and proposed solution to that of the competitors, the benefits of choosing Alvarez Enterprise Services are:
Trusted and professional
Many Years of Experience
Available as early as tomorrow
Friendly, 24/7 customer service
We are a local company
Satisfaction guaranteed
Competitive Advantage
The following are competitive advantages that differentiate Alvarez Enterprise Services from other providers:
Expertise and Stability: high knowledgeable workforce, skilled Personnel, technological skill, power house solution, high level standard and stability.
Technology: Performance, flexibility, scalability, reliability.
History of Success: 29 years in the business, successful track record, adaptability, loyal client base.
We are a local company
Customer Service: first class customer support, 24/7 support, client input. 8 Personnel
Founded in 1993 by Fidel Alvarez, and now known as Alvarez Enterprise Services, (www.alvarezenterpriseservices.com) the company offers professional janitorial services. Our service is known for professionalism and integrity. We have been successful in the industry and notably in providing quality service always.
The following is our management team:
Fidel Alvarez 30 Years of Experience Service and Management Adan Alvarez 28 Years of Experience Service and Management Erik Alvarez 5 Years of Experience Service and Management Laura Reyes 3 Years of Experience Service / Supervisor
Alvarez Enterprise Services currently employs people in different cities in southern California. If contract gets awarded to us, we plan to provide you with 4 people for the bathroom cleaning in parks.
All employees have experience serving facilities big and small and had proved to be great in the following areas:
Regular Cleaning & Maintenance, Full Detailing, Post construction and deep cleaning, window washing, floor waxing and carpet cleaning to commercial and residential customers.
*Names of employees to service your facilities will be provided at later date 9 COST PROPOSAL / COST BREAKDOWN
Based on our analysis of your needs and the nature of our proposed solution, the total monthly funds required are estimated at:
Cost Element Monthly Amount
Monthly charge for all city parks
Yearly charge for all city parks
Monthly price includes all consumables and equipment.
$11180.51
$134166.12
Due to minimum wage increase in California the monthly charge for each year will change to comply with state regulations PAYMENT TERMS
This proposal provides an estimate of total costs. All amounts exceeding this quotation are subject to the approval of the City of Lake Elsinore.
The above charges are a total figure including wages, cleaning supplies and equipment, payroll taxes, insurance, vacation, health and welfare, and supervision costs.
There may be an extra charge of 3% for debit card payments.
SPECIAL SERVICES UPON REQUEST AT A SEPARATE PRICE.
Carpet cleaning / steam / Shampoo Floor stripping and waxing Window washing interior and exterior Day Porter Service Pressure wash - sidewalks- entrances walls Graffiti Removal 10 CONCLUSION
Alvarez Enterprise Services is confident that our proposed professional cleaning service strategies will successfully address your cleaning needs. We sincerely hope that City of Lake Elsinore will consider us as a long term partner and allow us to enter into a mutual beneficial relationship. We are available to answer any questions you may have and look forward to discuss this opportunity further.
After reviewing this document, the following steps should be performed in order to come to a final agreement.
Submission of questions/suggestions
Counter proposal or approval
Negotiation of fees, terms, clauses and conditions
We declare the offer to be binding and free of errors or omissions. Due diligence has been performed in order to ensure compliance with your requirements and particular situation.
We agreed to hold our proposal open for acceptance.
Thank you for your interest in our Business
Sincerely
Fidel Alvarez
Alvarez Enterprise Services - 951-387-0051
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC # NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS: PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$ N / A
SUBR WVDADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT EROTH- STATUTE
PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date:
Description:
Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE NOT TRANSFERABLE
40974 BANKHALL ST Business Type:
LAKE ELSINORE, CA 92532-1641
ALVAREZ ENTERPRISE SERVICES
40974 BANKHALL ST
LAKE ELSINORE, CA 92532-1641
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
ALVAREZ ENTERPRISE SERVICES
FIDEL ALVAREZ
RESIDENTIAL BUSINESS/OFFICE USE
ONLY
JANITORIAL / GRAFFITI REMOVAL
022262
7/1/2023 6/30/2024
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: Rick De Santiago, Public Works Manager
Date: October 13, 2026
Subject: Annual On-Call Services Agreement with BluSky Restoration in Support of City of Lake Elsinore Public Works Operations
Recommendation
Approve and authorize the City Manager to execute an On-Call Contractor Services Agreement with BluSky Restoration to support the City of Lake Elsinore Public Works Operations in an amount not to exceed $200,000 in such final form as approved by the City Attorney.
Background
The City of Lake Elsinore routinely encounters facility impacts requiring specialized restoration services, including water intrusion, structural drying, mold remediation, hazardous material cleanup, and emergency response for unplanned incidents.
BluSky Restoration is a nationally recognized restoration firm with demonstrated expertise in facility recovery, water damage mitigation, and environmental remediation. Their capacity, responsiveness, and technical qualifications make them well-suited to support the City’s operational needs.
Discussion
The proposed agreement with BluSky Restoration will provide labor, materials, equipment, and technical services as needed. Work will be assigned via work orders that define the scope, schedule, and cost for each project.
BluSky Restoration Agreement
Services include:
• Water extraction & structural drying – rapid response to plumbing failures, storm impacts, or facility flooding.
• Mold assessment & remediation – identification, containment, and removal of moldaffected materials. • Fire, smoke & odor mitigation – cleanup and restoration following fire-related incidents. • Biohazard & hazardous material cleanup – safe removal of contaminants in compliance with regulatory standards.
• Emergency response – immediate mobilization for facility impacts requiring urgent attention.
• Restoration of interior finishes and building components – repair and replacement of damaged materials to restore facility functionality.
Fiscal Impact
Funds are available in the City’s FY26-27 Annual Operating & Capital Improvement Budgets Attachments
Attachment 1 – Agreement
Exhibit A – Schedule of Fees
AGREEMENT FOR CONTRACTOR SERVICES
BluSky Restoration
ON-CALL SERVICES
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of October 13, 2026, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and BluSky Restoration, a Corporation ("Contractoor").
RECITALS
A. The City has determined that it requires the following contractor services:
On-Call minor construction and repair services.
B. Contractor has submitted to City a proposal, dated August 18, 2026, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.
C. Contractor 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 Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor 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 Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on October 13, 2026, and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractors’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s compensation exceed Two Hundred Thousand dollars ($200,000) without additional written authorization from the City.
Notwithstanding any provision of Contractor’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. Contractor 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. Contractor’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 Contractor provides services. Contractor’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 Contractor 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 Contractor’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 Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor 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 Contractor 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 Contractor 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 Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’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 Contractor shall be immediately referred to City, without any other actions by Contractor.
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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’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. Contractor’s Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor 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 Contractor’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 Contractor’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 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor as provided in the Agreement, Contractor 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 Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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 Contractor. Contractor (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 Contractor’s services hereunder. Contractor 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.
Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
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 Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor 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 Contractor’s field of expertise.
13. Compliance with Laws.
a. Contractor 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 Contractor and/or its employees, officers, or board members.
b. Contractor 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. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. 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.
15. Indemnity. Contractor 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 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 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.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’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. 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. 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.
iv. 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 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, 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 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 Contractor: BluSky Restoration
Attn: Danielle Jones
21800 Barton Rd.
Grand Terrace, CA 92313
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 Contractor and the subcontractors listed in Exhibit B. Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. Contractor 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, Contractor 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. 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.
23. 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.
24. Prevailing Wages. Contractor 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.
Contractor 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, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor 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. 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) 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. Contractor’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 Contractor’s Proposal.
30. 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. [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
“CONTRACTOR”
BluSky Restoration, a corporation
By: Danielle Jones
Its: Business Development Manager
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
PW California Schedule of Fees 1/2/2025 - Pg. 1
Labor
1. The labor rates shall apply to all personnel working on a BluSky project. All rates are per person, per hour.
Labor Classification Prevailing Wage
California Rates
PROJECT MANAGEMENT
Project Director $173.65
Senior Project Manager $149.50
Project Manager $136.85
Superintendent / Assistant Project Manager $87.50
CERTIFIED TRADES
Restoration Supervisor $175.00
Restoration Technician $165.00
Mold / Biohazard Supervisor $184.00
Mold / Biohazard Technician $174.00
Asbestos / Lead / Hazmat Supervisor $189.00
Asbestos / Lead / Hazmat Technician $179.00
Certified Healthcare Supervisor $189.00
Certified Healthcare Technician $179.00
GENERAL LABOR
Labor Foreman $175.00
General Labor $165.00
Resource Coordinator / Loss Control Specialist $77.05
SPECIALTY LABOR
Equipment Technician / Equipment Operator $219.00
Health & Safety Officer $115.00
Security / Fire Watch Guard $119.60
PROJECT ACCOUNTING
Field Accountant $75.00
Billing Analyst / Project Auditor $72.00
CONSTRUCTION SERVICE TRADES
Skilled Tradesman - Carpenter / Framer / Structural Demolition $199.00 Skilled Tradesman – Drywaller $199.00
Skilled Tradesman – Electrician $239.00
Skilled Tradesman - Flooring Installer $239.00
Skilled Tradesman – HVAC $239.00
Skilled Tradesman - Painter $199.00
Skilled Tradesman - Plumber $239.00
Skilled Tradesman - Roofer / Tarper / Steel Worker $239.00 a. Other Labor Considerations
i. Invoicing will include portal-to-portal travel time, mobilization and demobilization. ii. Standard, Overtime, After Hours and Double Time Rates
1. Standard Rates
a. Apply from 6:00 AM to 6:00 PM, Monday through Friday.
2. Overtime Rates
PW California Schedule of Fees 1/2/2025 - Pg. 2
a. Hours exceeding 12 hours in a single day (or 8 hours based on local labor regulations) or 40 hours in a week will be invoiced at 1.5 times the standard scheduled rates. b. If at any time laws require BluSky to pay overtime differently than stated herein, the parties agree the applicable law shall govern. Example: Double-time in California and Colorado after 12 hours.
3. After Hours Rates
a. A rate of 1.5 as the standard rate will be charged Monday through Friday, before 6:00 AM and after 6:00 PM and on weekends.
4. Double-Time Rates
a. All Federally recognized holidays will be billed 2 times the scheduled rate. iii. BluSky may invoice a minimum of 4 hours for emergency service requests. If circumstances beyond BluSky’s control require personnel to standby, a minimum charge of 6 hours per person, per day will be charged. These hours will be included in overtime billing amount calculations. All reimbursable expenses associated with the standby will be invoiced according to this fee schedule and including markup. iv. If BluSky is required to comply with the Davis-Bacon Wage Act, prevailing wages, or other collective bargaining wage and hour agreements, required by owner or certified professional to comply with additional or alternative safety procedures, BluSky in its reasonable discretion will adjust hourly rates, overtime practices and/or labor considerations.
v. If BluSky is asked to supervise workers provided by the client, BluSky may charge $4.00 per hour, per worker supervised. Client remains responsible for their employees’ payroll, taxes, workers compensation, burden, and benefits.
vi. If BluSky’s scope of work includes labor classifications outside of this schedule, rates for that labor will be negotiated prior to commencement of work.
b. Travel, Per Diem and Lodging
i. BluSky charges for travel (e.g., Taxi, Rental Cars, Airfare, etc...)
1. All travel expenses, including lodging and rental vehicles, will be deemed “Reimbursables” and subject to 20% markup.
2. Per Diem is charged based on government approved GSA rates per zip code. a. Per Diem rates are charged for all personnel listed in the labor schedule above when traveling and staying overnight. BluSky incurs, and therefore charges, Per Diem expenses whether the Per Diem is paid directly to the employee, is charged to BluSky as a separate charge or is included in other compensation considerations.
c. Labor rates apply for prevailing wage projects within the State of California. BluSky in its reasonable discretion may further adjust hourly rates, overtime practices and/or labor considerations. d. Labor Classification Clarifications
i. Asbestos / Lead / Hazmat Supervisor and Technician - Certified and trained in asbestos abatement, lead abatement and/or HAZWOPER.
ii. Billing Analyst / Project Auditor - On-site auditor or remote bill file auditor. iii. Construction Service Trades - Skilled tradesperson in their trade/classification and/or licensed as required by law.
iv. Equipment Technician / Equipment Operator - Trained to service and operate heavy and/or specialty equipment and set power distribution, desiccants, chillers and other temporary HVAC equipment. v. Field Accountant – On-site or remote personnel responsible for validation, completeness of documentation and complying bill file.
vi. General Labor - Has general construction experience in the restoration environment, can conduct fire cleaning, water mitigation, mold cleaning, content handling, general cleaning, packing and post remediation cleaning under supervision of certified personnel were required and/or allowed by law. vii. Health and Safety Officer - Responsible for project safety oversite and OSHA compliance. viii. Healthcare Supervisor and Technician - Certified and trained as a Certified HealthCare Technician or “CHRT”.
ix. Labor Foreman - Responsible for ensuring safety, labor efficiency and scope compliance. No certification required.
x. Mold / Biohazard Supervisor and Technician - Certified and trained in mold remediation and biohazard PW California Schedule of Fees 1/2/2025 - Pg. 3
cleanup.
xi. Project Director - Responsible for contracting, scoping, pricing, and overall project oversite. xii. Project Manager / Superintendent / Assistant Project Manager will be utilized as stated above for smaller, less complex projects.
xiii.Resource Coordinator / Loss Control Specialist - Responsible for tracking the use of consumables and/or equipment reducing shrink.
xiv.Restoration Supervisor and Technician - Certified and trained in a restoration-related trade such as an IICRC or RIA certification.
xv. Security / Fire Watch Guard - Unarmed security personnel, completing rounds and completing security and fire log.
xvi.Senior Project Manager - May be utilized on large or complex projects as an onsite Project Manager for overall project oversight, critical path management, labor efficiency, safety compliance and cost tracking. e. Small Tools
i. 3% of labor, excluding labor in the Project Management and Project Accounting categories, is charged to cover small tools such as the items listed below.
Small Tools
Accounting Package (Computer, Printer, Software) Ladder – Extension Ladder Batteries Matterport Camera
Blades – Sawzall Blade Moisture Meter – Thermal Imaging Camera O2 Gas Meter
Box Cutter (Utility Knife) Plastic Cutter – Pliers – Nipper Scissors – Shears – Shovel – Utility Bolt Cutters
Broom (Push) – Bucket – Duster – Dustpan
Mop – Squeegee – Trash Can – Unger Pole – Wire Brush Pump – Water Genie – Hose – Water Level Carpenter Pencil – Caulk Gun
Lumber Crayon Marker
Putty Knife – Scraper – Scrape Away Tool
Scrub Brush
Chalk Line – Chalk Chipping Hammer – Chisel Roofing Torch Clamp Ruler – Tape Measure
Crowbar – Flat Bar Sander (Handheld) – Sanding Block
Dolly – Dolly (Appliances) – Wheelbarrow Saw – Miter (Electric) – Long Reach Kett, Reciprocating Skill, Chain, Demo, Drywall, Hack, Table
Drill – Drill (Cordless) – Drywall Drill
Hammer (Rotor) Drill – Right Angle Drill
Drill Bits & Set – Chuck
Small Power Tools
Drip Pan Socket Extension – Socket Set & Bits – Stapler – Staples – Tape Gun
First Aid Kit – Flashlight – Folding Chair – Folding Table – Funnel Plastic Furniture Band – Grabbers – Safety Cone Tie Bar Grinder – Hammer (Handheld) – Ratchet Screwdriver – Screw Gun – Wrench Tin Snips – Tweezers – Wire Stripper
Hard Hat – Safety Vest – Eye Protection Washers
PW California Schedule of Fees 1/2/2025 - Pg. 4
Equipment
2025 Equipment Description Daily Rate Weekly Rate Monthly Rate Air Movers – Axial $40.21 $201.07 $603.20
Air Movers – Centrifugal $31.07 $155.33 $465.98
Air Sampler Pump – Personal (excl. lab test) $23.10 $115.50 $346.50 Air Sampler Pump (excl. lab test) $23.10 $115.50 $346.50 Air Scrubber/Neg. Air Exhaust Machine – 400 CFM $112.29 $561.45 $1,684.35 Air Scrubber/Neg. Air Exhaust Machine – 500 CFM $112.29 $561.45 $1,684.35 Air Scrubber/Neg. Air Exhaust Machine – 600 CFM $112.29 $561.45 $1,684.35 Air Scrubber/Neg. Air Exhaust Machine – 700 CFM $119.23 $596.13 $1,788.38 Air Scrubber/Neg. Air Exhaust Machine – 1450 CFM $136.23 $681.15 $2,043.45 Air Scrubber/Neg. Air Exhaust Machine – 2000 CFM $153.33 $766.65 $2,299.95 Airless Sprayer / Acoustic Sprayer / Drywall Texturer $130.81 $654.05 $1,962.15 Articulating Boom Manlift – < 40' $650.84 $3,254.18 $9,762.55 Articulating Boom Manlift – 40' to 60' $863.97 $4,319.87 $12,959.61 Articulating Boom Manlift – 61' to 80' $1,309.74 $6,548.69 $19,646.07 Compressor – Small, Portable $50.17 $250.85 $752.55
Compressor – Tow Behind, up to 325 CFM $735.00 $3,675.00 $11,025.00 Decon Chamber/Shower $134.20 $671.00 $2,013.00
Dehumidifier – Desiccant, 0 to 1,000 CFM $582.62 $2,913.08 $11,652.30 Dehumidifier – Desiccant, 1,001 to 3,000 CFM $1,011.18 $5,055.91 $15,167.73 Dehumidifier – Desiccant, 3,001 to 7,500 CFM $1,591.33 $7,956.64 $23,869.91 Dehumidifier – Desiccant, 7,501 to 10,000 CFM $2,899.45 $14,497.25 $43,491.75 Dehumidifier – Desiccant, 10,001 to 15,000 CFM $3,638.94 $18,194.72 $54,584.15 Dehumidifier – Small, up to 69 PPD $119.54 $597.72 $1,793.16 Dehumidifier – Large, 70 to 109 PPD $139.87 $699.34 $2,098.03 Dehumidifier – X-Large, 110 to 159 PPD $152.05 $760.24 $2,280.71 Dehumidifier – XX-Large, > 160 PPD $158.62 $793.11 $2,379.32 Dry Ice Blasting Machine – AERO 30 (excl. mat.) $890.95 $4,454.75 $13,364.25 Ducting – Flex / Semi-Rigid (per 25 ft. section) $28.00 $140.00 $420.00 DX Spot Cooling – 1 Ton $248.23 $1,241.15 $3,723.45
DX Unit (A.C.) – up to 10 Ton $944.10 $4,720.50 $14,161.50 DX Unit (A.C.) – up to 25 Ton $1,369.90 $6,849.50 $20,548.50 DX Unit (A.C.) – up to 50 Ton $2,007.50 $10,037.50 $30,112.50 Electrical – Cord, 15 & 20amp, 110v $7.21 $36.05 $108.15 Electrical – Cord, 480-volt, 50 ft. $57.94 $289.69 $869.06 Electrical – Cord, 480-volt, 100 ft. $61.80 $309.00 $927.00 Electrical – Cord, 50amp 220v, 50 ft. $32.53 $162.64 $487.91 Electrical – Cord, 50amp 220v, 100 ft. $56.00 $280.01 $840.02 Electrical – Distribution Panel, 200 amp $180.05 $900.27 $2,700.81 Electrical – Distribution Panel, 400 amp $224.90 $1,124.50 $3,373.51 Electrical – Light String, 100 ft. $26.84 $134.21 $402.63 Electrical – Lights, Tree Stand/Wobble $39.22 $196.11 $588.34 PW California Schedule of Fees 1/2/2025 - Pg. 5
2025 Equipment Description Daily Rate Weekly Rate Monthly Rate Electrical – Spider Box for Elect. Dist. (excl. cords) $96.03 $480.13 $1,440.40 Electrical – Spider Box Pig Tail $11.10 $55.52 $166.55
Electrical – Transformer, 225 kVA, 480v-208v $525.30 $2,626.50 $7,879.50 Electrical – Transformer, Small, 75 kVA $434.66 $2,173.30 $6,519.90 Electrical – Transformer, Large, 125 kVA $655.08 $3,275.40 $9,826.20 Electrostatic Sprayer $149.35 $746.75 $2,240.25
Extractor – Truck/Trailer Mounted $453.20 $2,266.00 $6,798.00 Fencing – Temporary (per LF)
(incl. clamps, stands, sandbags) – – $8.50
Floor Buffer / Polisher / Scraper $69.79 $348.96 $1,046.89 Floor Carpet Cleaner – Portable $166.73 $833.65 $2,500.95 Floor Extractor – Portable $166.73 $833.65 $2,500.95
Floor Extractor Attachment – Weighted, Rover, Claw, etc. $28.00 $140.00 $420.00 Floor Extractor/Scrubber – Ride On $856.00 $3,424.00 $8,560.00 Floor Scrubber – Walk Behind $543.60 $2,174.40 $5,436.00 Floor Stripper – Ride On $1,287.50 $6,437.50 $15,450.00 Fuel Tank – 50 to 150 gallons (incl. pump) $55.11 $275.53 $826.58 Fuel Tank – 500 gallons $471.74 $1,886.96 $2,830.44
Fuel Tank – 750 to 1000 gallons $840.48 $3,361.92 $5,042.88 Generator – Portable $154.35 $771.73 $2,315.18
Generator – up to 25 kW (excl. fuel) $524.76 $2,623.82 $7,871.47 Generator – up to 50 kW (excl. fuel) $716.22 $3,581.10 $10,743.31 Generator – up to 100 kW (excl. fuel) $943.46 $4,717.30 $14,151.89 Generator – up to 125 kW (excl. fuel) $967.16 $4,835.80 $14,507.40 Generator – up to 150 kW (excl. fuel) $1,125.70 $5,628.49 $16,885.46 Generator – up to 220 kW (excl. fuel) $1,455.32 $7,276.59 $21,829.77 Generator – up to 300 kW (excl. fuel) $2,094.27 $10,471.34 $31,414.02 Generator – up to 500 kW (excl. fuel) $3,021.33 $15,106.65 $45,319.95 Generator – up to 650 kW (excl. fuel) $4,199.23 $20,996.14 $50,390.73 Generator – up to 1000 kW (excl. fuel) $6,562.94 $32,814.72 $78,755.32 Generator – up to 1500 kW (excl. fuel) $8,556.92 $42,784.60 $102,683.05 Generator – up to 2000 kW (excl. fuel) $15,830.00 $79,150.00 $189,960.00 Hammer – Jack $47.74 $238.70 $716.11
Hard Containment (per 4 ft. panel) (incl. door) $23.88 $119.38 $358.13 Harness with Lanyard $10.82 $54.08 $162.23
Heater – Direct Fire 1M BTU $1,076.35 $5,381.75 $16,145.25 Heater – EB1400 (DRI-EAZ), Heating/Cooling Unit $185.40 $927.00 $2,781.00 Heater – Electric, up to 15kW $178.19 $890.95 $2,672.85 Heater – Electric, up to 30kW $286.34 $1,431.70 $4,295.10 Heater – Phoenix Firebird Compact 20 (20k BTU) $255.44 $1,277.20 $3,831.60 Heater – Thermal Heat Drying (ETES Heat Unit) $228.09 $1,140.47 $3,421.40 Heater – Torpedo 200k BTU $99.91 $499.55 $1,498.65
HVAC Cleaning Unit $634.48 $3,172.40 $9,517.20
HVAC Remote Video Camera $444.96 $2,224.80 $6,674.40
Hydroxyl Odor Processor $227.83 $1,139.13 $3,417.39
Industrial Forklift $689.59 $2,758.34 $6,895.85
PW California Schedule of Fees 1/2/2025 - Pg. 6
2025 Equipment Description Daily Rate Weekly Rate Monthly Rate Injectidry System $136.26 $681.29 $2,043.88
Kett/Low Dust Drywall Saw $47.98 $239.89 $719.66
Leister Triac Handwelder (incl. hand roller) $49.44 $247.20 $741.60 Leister Variant 40mm Robotic Welder $203.94 $1,019.70 $3,059.10 Manometer – Omniguard III (recording) $93.02 $465.10 $1,395.29 Media Blaster – After Cooler $169.22 $846.09 $2,538.28
Mobile Internet – Starlink or Similar $15.45 $77.25 $231.75 Mobile Water Transfer Trailer $356.67 $1,783.33 $5,350.00 Nail Gun with Hose $25.75 $128.75 $386.25
Omni-Dry Wall & Cavity Dryer $149.35 $746.75 $2,240.25
Ozone Machine – Portable, Small $166.48 $832.39 $2,497.18 Ozone Machine – Portable, Large $168.54 $842.69 $2,528.08 Perimeter Warning Line with Stand (per 100 ft.) $51.50 $257.50 $772.50 Power Washer – Electric $105.58 $527.88 $1,583.63
Power Washer – Gas $123.40 $617.02 $1,851.06
Power Washer – Hot $209.01 $1,045.04 $3,135.11
Powered Air Purifying Respirator (PAPR) $89.95 $449.75 $1,349.25 Pump – 2” Submersible with Hose $35.05 $175.25 $525.76
Pump – Trash / Water with Hose, Gas $154.81 $774.05 $2,322.14 Pump Sprayer $5.30 $26.52 $79.57
Pump, Sump – 3/4", Electric $47.74 $238.70 $716.11
Pump, Trash – 3-4", Diesel $201.17 $1,005.85 $3,017.54
Ramps, Cable $20.98 $104.91 $314.72
Raptor Cart (Mobile Fall Arrest) $206.00 $1,030.00 $3,090.00 Respirator Half Face (1/2 Face Mask) $26.52 $132.61 $397.84 Respirator Full Face Mask $53.05 $265.23 $795.68
Scaffold – Aluminum (per section) $53.05 $265.23 $795.68 Scaffold – Baker (per section) $37.56 $187.82 $563.46
Scaffold – Mini Steel (per section) $37.13 $185.66 $556.97 Scissor Manlift – <30' $305.27 $1,526.36 $4,579.07
Scissor Manlift – 30' to 40' $406.55 $2,032.76 $6,098.27 Self-Retracting Lifeline with Anchor Point $51.50 $257.50 $772.50 Skid Steer – 2500 lbs $602.55 $3,012.75 $9,038.25
Skid Steer Attachment – Grapple, Broom, Forks, etc. $200.85 $1,004.25 $3,012.75 Soda Blaster with Compressor (excl. mat.) $79.57 $397.84 $1,193.51 Straight Manlift – 41' to 60' $648.90 $3,244.50 $9,733.50 Straight Manlift – 61' to 80' $901.25 $4,506.25 $11,716.25 Straight Manlift – 81' to 100' $1,302.95 $6,514.75 $13,029.50 Straight Manlift – 100' to 120' $2,798.51 $11,194.04 $27,985.10 Street Sweeper $841.65 $3,366.62 $8,416.54
Telehandler – <7K $527.00 $2,635.00 $7,904.99
Telehandler – 7K to 9K $634.96 $3,174.82 $9,524.46
Telehandler – 10K to 12K $1,030.64 $5,153.19 $15,459.58 Telehandler – 13K to 17K $2,001.81 $10,009.03 $30,027.08 Telehandler Attach. - Dumpster Hopper, Work Platform, etc. $132.00 $660.00 $1,980.00 Temporary Lighting Cart 2000W $206.00 $1,030.00 $2,472.00 PW California Schedule of Fees 1/2/2025 - Pg. 7
2025 Equipment Description Daily Rate Weekly Rate Monthly Rate Tent – 20' x 20' $180.25 $901.25 $2,163.00
Tent – Pop Up $33.99 $169.95 $509.85
Thermo Fogger $85.58 $427.91 $1,283.74
Torch – Acetylene/Oxygen $37.13 $185.66 $556.97
Trash Cart $31.83 $159.14 $477.41
Ultra Low Volume Sprayer $25.75 $128.75 $386.25
Utility Vehicle / Golf Cart $164.80 $824.00 $2,472.00
Vacuum – HEPA, Backpack / Canister $79.06 $395.31 $1,185.94 Vacuum – Insulation Remover $368.23 $1,841.13 $5,523.38 Vacuum – Shop-Vac, Wet/Dry $37.91 $189.57 $568.71
Vacuum – Upright $27.04 $135.19 $405.56
Vaportek – Industrial (200K cf.) $190.96 $954.81 $2,864.43 Vaportek – Restorator, Small (20K sf) $69.30 $346.49 $1,039.48 Vaportek – VaporSHARK, Large Unit (50K sf) $84.87 $424.36 $1,273.08 Wall Brace – B-2 – – $53.77
Wall Brace – B-4 – – $55.62
Wall Brace – B-5 – – $60.87
Wall Brace - B-12 – – $88.50
Water Filtration Unit $37.13 $185.66 $556.97
Water Heater $26.78 $133.90 $401.70
Zip Wall Poles (each per day) $14.42 $72.10 $216.30
a. Equipment Considerations
i. Daily rate is the minimum charge (e.g., 3 hoursis charged as one day). ii. For Power Generation only, the weekly rate is the minimum charge.
1. If power generation is ordered but power is restored prior to arrival, owner shall pay the weekly rate as well as any freight charges.
iii. If equipment not listed herein is purchased to fulfill a contract, then the client will be charged a daily rental rate of 5% of the purchase price.
iv. In the event the client damages a piece of equipment beyond repair, client will be charged the cost of replacement plus 20% markup.
v. Freight/Transportation Charges
1. BluSky may charge for the cost of shipping equipment and materials to and from the project. All common freight charges are subject to 20% markup.
Vehicles
1. Vehicle rates below apply to all vehicles, whether owned or leased by BluSky. Rates include any fuel, restocking and cleaning costs. 2025 Vehicle Description Rate Unit
AQMD – Notification/Filing –
Minimum $650.00 EA
Disposal Services – Hazardous –
Minimum $990.00 EA
Disposal Services – Minimum $227.50 EA
Car / SUV / Pick-Up $115.20 DA
Dump Truck $385.00 DA
Moving / Box Truck – up to 18' $204.75 DA
Moving / Box Truck – up to 26' $256.47 DA
2025 Vehicle Description Rate Unit
Trailer – 53’ $250.00 DA
Trailer – Dump $250.00 DA
Trailer – Mobile Command Center $669.50 DA
Trailer – up to 20' $80.00 DA
Trailer – up to 40' $195.70 DA
Truck – Stake Bed $238.35 DA
Utility / Service Van $165.00 DA
Van – Large Service / 11 Passenger $212.40 DA
PW California Schedule of Fees 1/2/2025 - Pg. 8
Consumables
2025 Consumables Description Rates Unit
Abrasive/Stripping Pads $10.63 EA
Absorption Pad / Pig Blanket (5x5) $14.11 EA
Adhesive Remover $95.97 GL
Aluminum Termination Bar – 10' length $43.85 EA
Bag for Vacuum Backpack (10 pack) $45.83 EA
Blades – Specialty Saw Blade $58.71 EA
Blankets – Furniture $32.99 EA
Bolts – Anchor $9.93 EA
Bolts – Carriage $6.20 EA
Boots – Boot Cover (waterproof) $42.90 PR
Boots – Booties (shoe covers) $2.00 PR
Boots – Rubber $67.90 PR
Bottled Water 16.9 oz (case of 24) $17.31 CS
Box – Sm. (incl. packing supplies) $5.18 EA
Box – Med. (incl. packing supplies) $7.09 EA
Box – Lg. (incl. packing supplies) $9.86 EA
Bubble Wrap – 1/2 " x 48" x 250' $393.07 RL
Bubble Wrap – 3/16" x 24" x 300' $169.87 RL
Bubble Wrap – Foam 1/2" x 12" x 250' $89.99 RL
Buffer Black Floor Pad 19” $13.85 EA
Buffer Wire Wheels $260.63 EA
Carpet Cleaning Concentrate $93.75 GL
Carpet Mask – 24" x 200' $75.89 RL
Carpet Mask – 36" x 250' $138.74 RL
Cassettes 25 mm Asbestos $2.70 EA
Cassettes 37 mm Lead $3.52 EA
Caulk – Acrylic $7.99 EA
Caulk – Clear Silicone All Purpose (10 oz.) $19.30 EA
Chain – 3/8" $11.72 LF
Coverall/Suit – Lightweight $9.78 EA
Coverall/Suit – Poly Coated/Water
Resistant $22.22 EA
Coverall/Suit – Tyvek Type, Particulate
Protection $18.51 EA
Debris Bag $14.82 EA
Degreaser – RTU $69.23 GL
Degreaser – Botanical RTU $77.72 GL
Degreaser – Botanical Concentrate $106.24 GL
Dish Soap – 16 oz. Bottle $18.08 EA
Disinfectant – Botanical RTU $74.90 GL
Disinfectant – Concentrate $89.68 GL
Duct – Disposable flex (8"/12" wire
reinforced) $4.19 LF
Duct – Layflat $0.44 LF
Encapsulant – Fungicidal Coating $108.33 GL
2025 Consumables Description Rates Unit
Encapsulant – Sealer, Foster’s 40-20 (1 gallon) $147.77 GL Encapsulant – Smoke/Odor $83.87 GL
Encapsulant (Asbestos) – Fosters 32-32 $143.78 GL
Expansion Foam $21.53 CN
Fabric Protector $133.36 GL
Fence Panel Clamps (for purchase) $8.11 EA
Fence Pipe Ties (for purchase) $10.67 EA
Fence Privacy Screen (for purchase) $487.24 RL
Fencing – Base Stand (for purchase) $87.47 EA
Fencing – Panel, 10 ft. length (for purchase) $397.38 EA Filter – Activated Carbon $110.16 EA
Filter – Dehumidifier, Specialty $43.40 EA
Filter – Dehumidifier/Air Scrubber/Neg. Air,
Pleated/Sock $26.09 EA
Filter – HEPA, Backpack Vacuum $266.25 EA
Filter – HEPA, Canister Vacuum, Large $391.39 EA
Filter – HEPA, Canister Vacuum Small $266.25 EA
Filter – HEPA, Neg Air (400-750 CFM) $420.68 EA
Filter – HEPA, Neg Air (2000 CFM) $266.25 EA
Filter – Neg Air, Filter Material $10.63 EA
Filter – Neg Air, Carbon Pleated $44.73 EA
Floor Sweep $57.80 BG
Foam Furniture Blocks (1008 box) $0.12 EA
Furring Strips (1x2) $4.79 EA
Global Wrap (per roll) $662.78 EA
Global Wrap Tape $59.04 RL
Gloves – Chemical Resistant, Disposable $8.23 PR
Gloves – Latex/Nitrile (exam type) $40.09 BX
Gloves – Leather Work $15.00 PR
Gloves – Nylon w/ Coated Palm $2.80 PR
Grass/Lag Cloth $5.31 SF
Grid Clips – Containment Suspension $3.36 EA
Grid Clips – Poly Containment Hangers $8.52 EA
Hasp $13.38 EA
High Solids Silicone (coat) (5-gallon bucket) $796.95 EA Hinges $18.18 EA
Insulation Removal Bag $35.33 EA
Inventory Tags $66.65 BX
Labels – Asbestos $0.50 EA
Lock – Combination Key Box $77.37 EA
Lock – Padlock $29.15 EA
Lumber – 2” x 4” x 8’ $6.20 EA
Lumber – 2” x 4” x 10’ $6.60 EA
Lumber – 2” x 4” x 12’ $8.12 EA
Lumber – 2” x 6” x 8’ $8.60 EA
PW California Schedule of Fees 1/2/2025 - Pg. 9
2025 Consumables Description Rates Unit
Lumber – 2” x 6” x 12 $13.00 EA
Lumber – 4” x 4” x 8’ $20.00 EA
Lumber – 4” x 4” x 12’ $36.00 EA
Lumber – 6" x 6" x 16` $266.00 EA
Lumber – 8" x 8" x 16` $500.00 EA
Lumber – Plywood – 1/2" $52.00 SH
Mask – Disposable Dust (N95) $5.48 EA
Mask – Disposable Dust (N100) $28.18 EA
Mastic Remover (5-gallon drum) $282.23 EA
Modified Bitumen Membrane (100
sf. roll) $298.89 RL
Mop Head Replacement $13.32 EA
Nail Pins P20 $24.35 BX
Nail Shots P20 $26.79 BX
Nails / Screws (per pound) $25.56 LB
Newsprint $61.46 BX
Odor Counteractant –
Disc/Block/Crystal $18.97 EA
Odor Remover Counteractant and
Deodorant $136.13 GL
Odor Remover – Last Resort $116.83 QT
Odor Sealer – Unsoot #1 $105.87 GL
Paint Brush $9.79 EA
Painters Plastic (.35mil) $65.18 RL
Paper – Rosin $34.61 RL
PAPR Respirator Cartridge, HEPA $29.63 EA
Peroxide Cleaner $79.88 GL
Plastic Sheeting – 4mil, 10/12 x 100 $118.00 RL
Plastic Sheeting – 4mil, 20 x 100 $138.00 RL
Plastic Sheeting – 6mil, 10/12 x 100 $189.00 RL
Plastic Sheeting – 6mil, 10/12 x
100, fire rated $245.00 RL
Plastic Sheeting – 6mil, 20 x 100 $229.00 RL
Plastic Sheeting – 6mil, 20 x 100,
fire rated $321.00 RL
Plexi-Glass Window (2x2) $79.88 EA
Polyester Fabric (3 Course Repairs)
– 6" x 300' $272.16 RL
PVC Containment – 1.5" Pipe $2.43 LF
PVC Containment – 3/4 Way
Fittings $4.32 EA
Ram Board – 100 ft. $110.28 RL
Red Head Anchor $3.30 EA
Resp. Cartridges – HEPA Only $16.10 PR
Resp. Cartridges – HEPA/OV/AG $28.68 PR
Respirator Wipes $18.45 BX
Roof Mastic – "Wet-Patch" $37.87 GL
Roofing Adhesive (incl. seam
primer) – Pail $792.24 EA
2025 Consumables Description Rates Unit
Roofing Metal Plates (1000 count) $1,132.99 EA
Roofing Screw #15 up to 5" (1000 count) $1,302.82 EA
Roofing Screw #15 – 6" to 8" (500 count) $1,447.49 EA
Roofing Screw #15 – 9"+ (500 count) $2,906.48 EA
Sandbag (filled) $13.70 EA
Sandpaper (sheet) $2.24 EA
Scraper 3” $18.18 EA
Sealer – Primer $61.51 GL
Sealer – Primer (spray can) $21.47 EA
Sealer – Primer, Shellac (1 gallon) $143.44 GL
Self-Adhering Vapor Barrier (5 sq. roll) $1,032.50 RL
Self-Adhering Roofing Base Sheet $214.70 RL
Serum 1000 $74.02 GL
Serum 2000 $185.04 GL
Shower Towel $9.50 EA
Shrink Wrap 20" x 1000' $94.52 RL
Signage / Warning $19.85 EA
Signs – Asbestos Danger $1.38 EA
Signs – Lead Danger $1.38 EA
Single Ply Detail Membrane (100' roll) $989.36 RL
Soda (Blasting Material) $77.72 BG
Soda with Abrasive (garnet, cob) $89.46 BG
Sponge $3.36 EA
Sponge – Chem/Dry Cleaning $4.76 EA
Spray Adhesive $13.05 CN
Synthetic Felt $227.28 RL
T-13 Coil Anchor – Tang Only $5.31 EA
T-13 Coil Anchor – Tang & Washer $32.43 EA
Tape – 2-sided, High/Low Adhesion $31.31 RL
Tape – 2-sided, High Adhesion $38.44 RL
Tape – Caution $27.65 RL
Tape – Duct $12.12 RL
Tape – Painter's $15.40 RL
Tape – Vinyl $16.50 RL
Tape (Barricade) – Asbestos/Lead 3" x 1000' $41.70 RL
Tarp - Roofing Membrane – TPO or similar
(10x100) $2,096.72 RL
Tarp 18 x 24 (Medium Duty) $88.07 EA
Tarp 20 x 30 (Medium Duty) $108.60 EA
Tarp 30 x 40 (Medium Duty) $320.00 EA
Tarp 30 x 50 (Medium Duty) $307.03 EA
Tarp 40 x 60 (Medium Duty) $464.60 EA
Thermal Fog – Oil Based $118.45 GL
PW California Schedule of Fees 1/2/2025 - Pg. 10
2025 Consumables Description Rates Unit
Thermal Fog – Water Based $173.16 GL
Tie Wire $28.78 RL
Tile Bar Blades $24.20 EA
Towels/Rags – 100% Cotton Terry
(50 lb.) $202.58 BX
Towels/Rags – Cloth $118.25 RL
Towels/Rags – Microfiber $2.93 EA
Towels/Rags – White Towels (20 lb.) $123.01 BX
Towels/Rags – White Towels (40 lb.) $219.39 BX
Towels/Rags – Yellow Dust Cloth $97.44 BX
Trash Bag – 3.5 mil (each) $1.42 EA
Trash Bag – Asbestos Bags 6 mil
(each) $2.99 EA
2025 Consumables Description Rates Unit
Trash Bag – Bio Contamination $5.60 EA
Trash Bag – Heavy Duty 6 mil (each) $2.52 EA
Trash Box – Bio Contamination $8.11 EA
Vaportek – Cartridge $197.10 EA
Vaportek – VaporSHARK Membrane $86.11 EA
Walk Off / Tack Mat $120.21 EA
Wall Brace Hardware (incl. anchor
pins, etc.) $15.94 EA
Water Filter $28.23 EA
Zip Ties (25 pack) $19.37 EA
Zip Ties (100 pack) $50.88 EA
Zipper $13.32 EA
Construction Services
1. Construction services will be charged at the Scheduled Rate plus 20% markup. This will apply to all labor classifications under construction services heading. For construction only projects all equipment, consumables, labor and vehicles will incur this charge.
Additional Considerations and Conditions
1. A CAT Fee of 5% will be charged for services in response to a named or widespread weather event. This fee covers indirect expenses incurred for logistics and off-site administrative resources that support the project.
2. Taxes will be billed per state and federal law.
3. Permits and bonds will be charged at cost plus 20% markup.
4. Rates are subject to adjustment at BluSky’s reasonable discretion.
5. The terms of this Time & Material Schedule of Fees are material to any agreement to which they are attached, in which they are referenced, or out of which BluSky performs any restoration services, and as such shall not be abridged, abrogated or superseded unless agreed by the parties in a mutually executed writing referring to this document specifically by title.
6. Owner understands they are ultimately responsible for paying for BluSky’s service.
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: October 13, 2026
Subject: Annual On-Call Services Agreement with Hellas Construction, Inc. for Cork Replenishment, Clean Sweep Sanitation Services, and GMAX Testing at Rosetta Canyon Sports Park and Canyon Hills Park
Recommendation
Approve and authorize the City Manager to execute an On-Call Contractor Services Agreement with Hellas Construction, Inc. for cork infill replenishment, clean sweep sanitation services, and GMAX safety testing at Rosetta Canyon Sports Park and Canyon Hills Park in an amount not to exceed $50,000 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 amount of $5,000 for uncertainties and adjustments.
Background
The City maintains synthetic turf athletic fields at Rosetta Canyon Sports Park and Canyon Hills Park. These fields require routine maintenance to ensure safe playing conditions, compliance with industry standards, and the longevity of the turf systems.
Public Works staff identified the need for:
• Replenishment of cork infill to maintain proper shock absorption. • Sanitation services to remove debris, contaminants, and organic buildup. • GMAX testing to verify that field impact attenuation meets safety thresholds These services are essential to maintaining high-use sports facilities and ensuring safe conditions for youth and adult athletic programs.
Agreement with Hellas Construction, Inc.
Discussion
The scope of work under the On-Call Agreement includes:
• Cork Replenishment – restoring infill depth and distribution to manufacturerrecommended levels. • Clean Sweep Sanitation Services – mechanical sweeping, debris removal, sanitation treatment, and grooming.
• GMAX Testing – annual impact attenuation testing to ensure compliance with safety standards.
Hellas Construction was the company that installed the turf, and is familiar with the fields, and holds expertise in athletic field maintenance. For that reason, staff concluded that Hellas provides the City with the highest quality and cost effective services such that additional open market bidding is not in the best interest of the City. (LEMC 3.08.305.) For those reasons, contracting with Hellas Construction is in the best interest of the City and staff recommends the City Council approve the proposed agreement and authorize the City Manager to bypass the request for proposal procedures under section 3.08.300 et seq.
Fiscal Impact
Funds are available in the City’s FY26-27 Capital Improvement Budget.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
AGREEMENT FOR CONTRACTOR SERVICES
Hellas Construction, Inc.
Cork Replenishment, Clean Sweep Sanitation Services, and GMAX Testing at Rosetta Canyon Sports Park and Canyon Hills Park
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of October 13, 2026, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Hellas Construction, a Corporation ("Contractoor").
RECITALS
A. The City has determined that it requires the following contractor services:
Cork replenishment, clean sweep sanitation services, and GMAX testing at Rosetta Canyon Sports Park and Canyon Hills Park.
B. Contractor has submitted to City a proposal, dated September 21, 2026, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.
C. Contractor 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 Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor 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 Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on October 13, 2026, and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractors’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s compensation exceed Fifty Thousand dollars ($50,000) without additional written authorization from the City.
Notwithstanding any provision of Contractor’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. Contractor 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. Contractor’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 Contractor provides services. Contractor’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 Contractor 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 Contractor’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 Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor 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 Contractor 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 Contractor 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 Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’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 Contractor shall be immediately referred to City, without any other actions by Contractor.
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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’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. Contractor’s Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor 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 Contractor’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 Contractor’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 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor as provided in the Agreement, Contractor 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 Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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 Contractor. Contractor (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 Contractor’s services hereunder. Contractor 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.
Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
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 Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor 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 Contractor’s field of expertise.
13. Compliance with Laws.
a. Contractor 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 Contractor and/or its employees, officers, or board members.
b. Contractor 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. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. 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.
15. Indemnity. Contractor 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 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 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.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’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. 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. 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.
iv. 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 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, 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 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 Contractor: Hellas Construction, Inc.
Attn: Olivia Childs
22 Sunpac Ave.
Henderson, NV 89011
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 Contractor and the subcontractors listed in Exhibit B. Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. Contractor 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, Contractor 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. 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.
23. 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.
24. Prevailing Wages. Contractor 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.
Contractor 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, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor 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. 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) 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. Contractor’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 Contractor’s Proposal.
30. 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. [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
“CONTRACTOR”
Hellas Construction, Inc, a corporation
By: Olivia Childs
Its: Maintenance Division Manager
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
PROPOSAL
VALID FOR 60-DAYS
Hellas
12000 W. Parmer Lane
Cedar Park, TX 78613
TO Chris Erickson
City of Lake Elsinore
44419 Ardenwood Way
Lake Elsinore, CA 92532
951-674-5170
[email protected]
DATE SALESPERSON SERVICE TYPE PAYMENT TERMS SUGGESTED DATE
FOR SERVICE
09/21/2026 Olivia Childs Clean Sweep Upon Completion TBD
QTY DESCRIPTION UNIT PRICE LINE TOTAL
1 Rosetta Canyon Sports Park -Standard Clean Sweep
(5)SB fields
(1)FB field
$ 10,972.50 $ 10,972.50
1 3rd party GMAX Test -FB Field $ 2,000.00 $ 2,000.00
8 O3 Covo Killer Disinfectant Spray $ 1,650.00 $ 9,900.00 1 Canyon Hills Park
(1)FB Field
(1)Soccer Field
$ 10,450.00 $ 10,450.00
*Prevailing Wage Rates Included
FIELD NOTES: Field is to be closed during entire
maintenance service. Please schedule all activities for before or after our scheduled services.
All equipment needs to be removed from field-failure
to remove will result in that area not being serviced.
TOTAL $
Hellas Contact: Olivia Childs, Maintenance Division Manager 760-690-7063 /[email protected]
ACCEPTANCE OF PROPOSAL: The prices, specifications, and conditions are satisfactory and hereby accepted.
Hellas Construction, Inc. is authorized to do the work as specified. Payment will be made upon completion of services.
To accept this quotation, sign here and return: ________________________________ Date: ____________ PO# if needed: ________________
THANK YOU FOR YOUR BUSINESS!
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: October 13, 2026
Subject: Minutes of the Regular Successor Agency Meeting of September 22, 2026 Recommendation
Approve the Minutes.
Attachments
Attachment 1 – Draft Minutes
City of Lake Elsinore Meeting Date:
City Council Meeting September 22, 2026
Minutes - Draft
Meeting Time:
Closed Session: 5:30 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 5:30 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 – 5:30 P.M.
4.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN’s: 365-280-022 and 373-210-041
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Civic Partners Under negotiation: Price and terms of payment
4.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 374-173-005
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Lake Elsinore Historical Society Under negotiation: Price and terms of payment
City Council Minutes - Draft September 22, 2026
City of Lake Elsinore Page 2
5. RECESS
The City Council recessed into Closed Session at 5:31 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.
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 two items were discussed; however, no reportable action was taken.
10. PRESENTATIONS/CEREMONIALS
10.1 Business in Action Monthly Spotlight for September 2026 – Longtin’s Auto Supply
Recognize Longtin's Auto Supply as the City of Lake Elsinore’s Business in Action Monthly Spotlight for September 2026.
Mayor Magee presented the Certificate to Andrew Longtin.
11. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Glen Hodges, Paulie Tehrani, Ace Vallejos, and Maliha Williamson were called to speak.
City Council Minutes - Draft September 22, 2026
City of Lake Elsinore Page 3
12. CITY COUNCIL CONSENT CALENDAR
Moved by Council Member Carroll, seconded by Mayor Pro Tem Sheridan to approve the City Council Consent Calendar with Agenda Item No. 12.10 being removed for discussion. 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 September 8, 2026 Approve the Minutes.
This item was approved on the City Council Consent Calendar.
12.2 CC Warrant Report Dated August 10, 2026 to August 16, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
12.3 CC Warrant Report Dated August 17, 2026 to August 23, 2026 Receive and file.
This item was approved on the City Council Consent Calendar.
12.4 CC Investment Report for August 2026
Receive and file the Investment Report for August 2026.
This item was approved on the City Council Consent Calendar.
12.5 Annexation No. 33 Into Community Facilities District No. 2015-2 (Maintenance Services) for APNs 377-232-006, 377-232-007, & 377- 232-009 (Fleming & Sons)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 33) AND
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft September 22, 2026
City of Lake Elsinore Page 4
12.6 Annexation No. 34 Into Community Facilities District No. 2015-2 (Maintenance Services) for PM 20268 (Tommy’s Carwash)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 34) AND
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
12.7 Annexation No. 35 Into Community Facilities District No. 2015-2 (Maintenance Services) for PM 20208 (Lakefront Plaza)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 35) AND
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
12.8 Annexation No. 36 Into Community Facilities District No. 2015-2 (Maintenance Services) for PM 28524 (Collier Avenue Shops) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 36) AND
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
12.9 Approval of Community Development Block Grant (CDBG) Supplemental Agreement 2026-2027 Program Year
Approve and authorize the Mayor to execute the Supplemental Agreement between the County of Riverside and the City of Lake Elsinore for the use of 2026- 2027 Community Development Block Grant Funds.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft September 22, 2026
City of Lake Elsinore Page 5
12.10 Amendment No. 1 to the Professional Services Agreement with LSA Associates, Inc. for Environmental Documentation for the Baker Street Industrial Project
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with LSA Associates, Inc. (LSA) to increase the contract amount for an additional $27,332.75 for a total contract amount not to exceed $337,682.75, in such final form as approved by the City Attorney.
This item was removed from the City Council Consent Calendar for discussion.
12.11 Assignment of Easement Deed to Elsinore Valley Municipal Water District Related to the Temescal Canyon Bridge Over Temescal Wash Replacement Project
Approve and authorize the City Manager to process the easement documents and instruct staff to forward the document to Elsinore Valley Municipal Water District for recordation.
This item was approved on the City Council Consent Calendar.
12.12 Consideration of Annual Reporting of Completed State Mandated Fire and Life Safety Inspections by the City of Lake Elsinore in Compliance with SB 1205 for Fiscal Year 2026-2027
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE
BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT
REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING
ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146, AND 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
This item was approved on the City Council Consent Calendar.
12.13 Road Closures for Fall and Winter 2026 Events
Approve temporary road closures for Trunk or Treat on Saturday, October 10th, Dia de Los Muertos on October 24th, and Winterfest on December 5th to Historic Downtown and adjacent streets as outlined in the attached traffic control plans with adjustments permitted as necessary and approved by the City Engineer.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft September 22, 2026
City of Lake Elsinore Page 6
ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION
12.10 Amendment No. 1 to the Professional Services Agreement with LSA Associates, Inc. for Environmental Documentation for the Baker Street Industrial Project
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with LSA Associates, Inc. (LSA) to increase the contract amount for an additional $27,332.75 for a total contract amount not to exceed $337,682.75, in such final form as approved by the City Attorney.
Paulie Tehrani, Ace Vallejos, Linda Slocum, Adela Gonzales, and Sharon Gallina were called to speak.
Moved by Council Member Tisdale, seconded by Council Member Manos to approve staff’s recommendation. 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)
13. SUCCESSOR AGENCY CONSENT CALENDAR
Moved by Agency Member Manos, seconded by Agency Member Carroll 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 September 8, 2026 Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
13.2 SA Warrant Report Dated August 10, 2026 to August 16, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft September 22, 2026
City of Lake Elsinore Page 7
13.3 SA Warrant Report Dated August 17, 2026 to August 23, 2026 Receive and file.
This item was approved on the Successor Agency Consent Calendar.
13.4 SA Investment Report for August 2026
Receive and file the Investment Report for August 2026.
This item was approved on the Successor Agency Consent Calendar.
14. PUBLIC HEARINGS
15. BUSINESS ITEMS
16. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Tim Donofrio, Paulie Tehrani, Jennifer Douglas, Norman Floyd, and Kimberly Ryan were called to speak.
17. CITY MANAGER COMMENTS
City Manager Simpson had no comments.
18. CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
19. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Carroll invited the community to attend the Trunk-or-Treat event from 5:00 to 8:00 p.m. on Saturday, October 10, 2026 in Downtown.
Council Member Tisdale provided information from the Northwest Mosquito & Vector Control District; shared information regarding the November 3, 2026 General Municipal Election; and invited the community to attend the Oktoberfest event from 4:00 to 9:00 p.m. on October 17, 2026 at Launch Pointe.
Council Member Manos announced that Handel's Homemade Ice Cream and Boot Barn will be opening in early Fall 2026 in the Central Marketplace; and shared his attendance at Construction Day at Perris High School.
Mayor Pro Tem Sheridan reported on his attendance at the Riverside Transit Agency meeting on September 17, 2026; announced that the Lake Elsinore Storm are the 2026 California League Champions; shared that he and Council Member Carroll attended the LEGS Opening Ceremonies on Friday, September 11, 2026 at Tuscany Hills Park; and announced that Aura Fusion will be opening soon on Main Street.
City Council Minutes - Draft September 22, 2026
City of Lake Elsinore Page 8
Mayor Magee invited the community to celebrate the grand opening of the new Lake Elsinore Civic Center at 4:00 p.m. on October 1, 2026; encouraged the community to attend the So Cal Sand Drag Association Fall Nationals on October 2-4, 2026 at the Lake Elsinore Raceway and the SCCA Autocross on October 4, 2026 at the Lake Elsinore Diamond Stadium; announced the State of the City on October 8, 2026 at the new City Hall; and invited the community to attend the EMR E-Bike Races at 7:00 a.m. on October 3, 2026 at the Lake Elsinore Raceway, E-Bike Safety Town Hall at 6:00 p.m. on October 15, 2026 in the Cultural Center, and the SCCA Autocross on Saturday, October 26, 2026 at the Lake Elsinore Diamond Stadium.
20. ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:11 p.m. to the next Regular meeting of Tuesday, October 13, 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
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: October 13, 2026
Subject: SA Warrant Report Dated August 24, 2026 to August 30, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
AUG 24, 2026
TO AUG 30, 2026
CITY OF LAKE ELSINORE SA WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 143,548.25 $
540 SARDA DIAMOND STADIUM 6,250.00
GRAND TOTAL 149,798.25 $
Attachment 1 1 OF 1
AUG 24, 2026
TO AUG 30, 2026
CITY OF LAKE ELSINORE SA WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA27000372 LAKE ELSINORE STORM, LP 101,626.25 $
12322 AK SECURITY ALARM LLC 6,250.00 $
12365 KPA SERVICES, LLC 1,100.00 $
12367 LEIBOLD, MCCLENDON & MANN, PC 40,822.00 $
GRAND TOTAL 149,798.25 $
Attachment 2 1 OF 1
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: October 13, 2026
Subject: SA Warrant Report Dated August 31, 2026 to September 06, 2026 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
AUG 31, 2026
TO SEP 06, 2026
CITY OF LAKE ELSINORE SA WARRANT SUMMARY
FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 981.57 $
540 SARDA DIAMOND STADIUM 191.77
GRAND TOTAL 1,173.34 $
Attachment 1 1 OF 1
AUG 31, 2026
TO SEP 06, 2026
CITY OF LAKE ELSINORE SA WARRANT LIST
WARRANT NO. VENDOR NAME AMOUNT
APA27000411 HDL COREN & CONE 981.57 $
APA27000423 SOUTHERN CALIFORNIA EDISON CO. 191.77
GRAND TOTAL 1,173.34 $
Attachment 2 1 OF 1
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Gina Gonzalez, Director of Economic Development and Legislative Affairs Date: October 13, 2026
Subject: Development Agreement and License Agreement for the Construction, Operation, and Maintenance of an Electronic Message Center on City-Owned Property Located Adjacent to Interstate 15 near the Central and Dexter Avenues Intersection
Recommendation
1. Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects);
2. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH VALLEY OUTDOOR MEDIA GROUP, INC. FOR
THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF AN ELECTRONIC
MESSAGE CENTER ON CITY-OWNED PROPERTY LOCATED AT ASSESSOR PARCEL NUMBER 377-040-024; and
3. Approve a License Agreement with Valley Outdoor Media Group. Inc. in substantially the form attached and in such final form as approved by the City Attorney.
Background
The proposed Development Agreement and accompanying License Agreement represent a strategic public-private partnership between the City of Lake Elsinore and Valley Outdoor Media Group, Inc. (VOMG) to develop, operate, and maintain a state-of-the-art Electronic Message Center (EMC) on City-owned property located adjacent to Interstate 15 near the Central Avenue and Dexter Avenue intersection near the Central Interchange. The project transforms an underutilized City-owned parcel into a long-term economic asset that generates recurring municipal revenue while providing significant public communication and business promotion benefits.
Development and License Agreements with VOMG, Inc.
The Development Agreement establishes the regulatory framework under Government Code Sections 65864 et seq., providing certainty for the long-term investment while requiring compliance with applicable federal, state, and local regulations.
In conjunction with the Development Agreement, the proposed License Agreement authorizes VOMG to utilize a designated portion of the City's property for the construction, operation, and maintenance of the Electronic Message Center while preserving City ownership of the land. The initial agreement term is twenty-five (25) years with two optional five-year extensions.
The proposed project is anticipated to provide substantial public benefits, including:
A one-time $150,000 Development Agreement Fee payable to the city with $25,000 of the fee paid at execution and the remaining $125,000 tied to permitting of the billboard. Design, engineer, fabricate, permit, construct, operate, monitor and maintain the Electronic Message Center at its sole cost of up to $ one (1) million in design features to be approved by City planning and engineering.
Ongoing annual revenue equal to the greater of 35% of net advertising revenue or a guaranteed minimum annual license fee of $100,000, adjusted annually by the Consumer Price Index. Based on current market assumptions, projected annual revenues could exceed the guaranteed minimum and provide a significant long-term revenue source for the city.
Dedicated Electronic Message Center displays time at no cost to the city for emergency notifications, public safety messaging, community events, tourism promotion, economic development initiatives, and other public service announcements. VOMG will display approximately eight (8) message per minute, providing a minimum of one (1) rotation during non-peak hours on at least one side to qualified nonprofit organizations grossing under $1M annually- located within Lake Elsinore can receive up to a 50% discounted advertising opportunity on the Electronic Message Center from the normal (full rack) Electronic Message Center display rates, increasing visibility for community organizations and local events. In addition, the city retains the opportunity for City events and advertisements.
The City is entitled to post up to eight (8) second Public Service Messages on each face of the Electronic Message Center (8,640 seconds total) every day on a continuous basis, enhancing visibility for Lake Elsinore businesses, visitor attractions, special events, and tourism destinations along one of Southern California's busiest freeway corridors. Long-term maintenance, operational, and design standards ensuring the Electronic Message Center remains an attractive and professionally maintained community asset.
The Development Agreement also establishes operational safeguards by requiring compliance with the California Outdoor Advertising Act, California Department of Transportation (Caltrans) regulations, City maintenance standards, automatic brightness controls, graffiti removal requirements, and restrictions on advertising content, including prohibitions on tobacco, adultoriented businesses, and political advertising.
Staff has reviewed the proposed agreements and finds that the project is consistent with the City's General Plan goals related to economic development, fiscal sustainability, business attraction and retention, and effective utilization of public assets.
Development and License Agreements with VOMG, Inc.
Project Location
The proposed project is located on approximately 0.24 acres of City-owned property, identified as Assessor Parcel Number (APN) 377-040-024, adjacent to Interstate 15 near Dexter Avenue (State Route 74) and Central Avenue interchange in the City of Lake Elsinore. The site is designated Business District by the Lake Elsinore General Plan and is zoned General Commercial (C-2). The property is currently vacant and, due to its size, configuration, and proximity to the freeway interchange and incoming interchange, and also has limited development potential for traditional commercial uses and, after the completion of Central Interchange this parcel will be a remnant piece of land left over from the project. The total size of the sign is no larger the 10 feet in diameter, but is subject to Community Development and Engineering approvals for design, location and specifications, and comply with all city, and multi-agency standards and approvals.
Project Vicinity
North: Interstate 15 freeway corridor
South: Central Avenue/State Route 74 interchange
East: Commercial development along Dexter Avenue
West: Interstate 15 right-of-way and transportation facilities Project Description
The proposed Electronic Message Center (EMC) will be located within a designated licensed area on the City-owned parcel and will be highly visible to motorists traveling on Interstate 15, providing a strategic location for business advertising, tourism promotion, emergency messaging, and City public service announcements. The project will be designed to comply with applicable City standards, the California Outdoor Advertising Act, and Caltrans regulations prior to construction and operation.
Environmental Determination
The Development Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects), as the project is located on a site of less than five acres within an urbanized area, is consistent with applicable General Plan and zoning designations, is adequately served by utilities and public services, and will not result in significant environmental impacts.
Public Notice
Public Notice Notice of the public hearing for this application has been published in the PressEnterprise newspaper and mailed to property owners within 900 feet of the subject property. As of the writing of this report, no written comments concerning this application have been received by staff.
Development and License Agreements with VOMG, Inc.
Fiscal Impact
Financial benefits include:
$150,000 one-time Development Agreement Fee payable at effective date of agreement and at time of permits received.
Ongoing quarterly License Fee equal to the greater of:
o 35% of Net Advertising Revenue, or
o $100,000 annual guaranteed minimum payment, adjusted annually by CPI.
Based upon current market assumptions, projected revenues are estimated as follows:
Year Estimated City Revenue
Activation $150,000
Year 1 $228,000–$240,000
Year 2 $381,000–$401,000
Year 3 $560,000–$589,000
Total 3 year revenue projections range from $450,000 (minimum) to $1,380,000.
However, these projections are provided by VOMG based on the Central Avenue location of the advertising association and demand rates of the car volume and area.
The project also has the potential to increase local sales tax revenues by enhancing visibility for Lake Elsinore businesses and encouraging additional customer visits.
Attachments
Attachment 1 – Ordinance
Exhibit A – Development Agreement
Attachment 2 – License Agreement
Attachment 3 – GIS Exhibits
Attachment 4 – Public Notice Materials
ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND VALLEY OUTDOOR MEDIA GROUP, INC.
FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF AN
ELECTRONIC MESSAGE CENTER ON CITY-OWNED PROPERTY LOCATED AT ASSESSOR PARCEL NUMBER 377-040-024
Whereas, Government Code Sections 65864 through 65869.5 authorize local agencies to enter into development agreements with persons having a legal or equitable interest in real property to establish certainty regarding the development of property; Whereas, the City of Lake Elsinore (City) has adopted procedures governing Development Agreements pursuant to Chapter 19.12 of the Lake Elsinore Municipal Code (LEMC);
Whereas, Valley Outdoor Media Group, Inc. (Applicant) has submitted an application requesting approval of a Development Agreement to allow the construction, operation, and maintenance of an Electronic Message Center (EMC) on approximately 0.24 acres of City-owned property located adjacent to Interstate 15 near the Riverside Drive/Dexter Avenue interchange, identified as Assessor Parcel Number 377-040-024;
Whereas, the property is designated Business District by the Lake Elsinore General Plan and zoned General Commercial (C-2);
Whereas, the proposed Development Agreement establishes the terms and conditions governing the development, operation, maintenance, and long-term use of the Electronic Message Center, including operational standards, maintenance obligations, public service messaging, emergency communications, and revenue sharing with the City; Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria;
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives;
Whereas, the proposed project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (Class 32 – InFill Development Projects); Whereas, pursuant to Chapter 19.12 (Development Agreements) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of reviewing and making a recommendation to the City Council (Council) whether the development agreement is consistent with the City’s General Plan and whether to approve the development agreement; Ord. No. 2026-
Whereas, on September 15, 2026, at a duly noticed public hearing, the Commission has reviewed and considered the staff report, the proposed Development Agreement, all written and oral testimony, and all other evidence presented during the public hearing with respect to this item, and adopted a resolution recommending that the Council approve the Development Agreement; and
Whereas, on October 13, 2026, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as all other evidence presented with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency:
1. The Project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.
2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and the Fuel Management Guidelines as the Project is wholly located within an existing commercial property and does not include any earth disturbing activities therefore Sections 6.1.2 or 6.3.1 of the MSHCP are not applicable.
3. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines and the Additional Survey Needs and Procedures because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The Project is consistent with the Fuels Management Guidelines because the Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The Project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees.
Section 2: The Council hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15332, because the proposed project is located on a site of less than five acres within an urbanized area, is consistent with applicable General Plan and zoning designations, is adequately served by utilities and public services, and will not result in significant environmental impacts.
Section 3: That in accordance with California Planning and Zoning Law and Section
19.12.070 (Planning Commission report) of the LEMC, the Council makes the following findings regarding the subject Development Agreement:
1. It is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.
Ord. No. 2026-
The proposed Development Agreement is consistent with the goals, objectives, policies, and implementation measures of the Lake Elsinore General Plan, including policies supporting economic development, business attraction and retention, fiscal sustainability, and the efficient utilization of public assets. The Development Agreement provides substantial public benefits, including but not limited to generation of long-term municipal revenue; activation of an underutilized City-owned property; public service announcement capabilities; emergency notification opportunities; promotion of local businesses, tourism, and community events; and, long-term maintenance and operational standards for the Electronic Message Center.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.
The Development Agreement promotes the orderly development of property within the City and provides certainty regarding the future use and operation of the project consistent with State Development Agreement law.
3. It is in conformity with public convenience, general welfare and good land use practices.
The Development Agreement establishes appropriate development standards and operational requirements to ensure the Electronic Message Center will be designed, constructed, operated, and maintained in a manner that protects the public health, safety, and welfare.
4. It will not be detrimental to the health, safety and general welfare.
The proposed project will not be detrimental to the public health, safety, or general welfare and will not adversely affect surrounding properties when operated in accordance with the Development Agreement and applicable federal, state, and local regulations.
5. It will not adversely affect the orderly development of property or the preservation of property values.
The Development Agreement promotes the orderly development of property within the City and provides certainty regarding the future use and operation of the project consistent with State Development Agreement law.
6. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreement is consistent with the provisions of Chapter 19.12 of the Lake Elsinore Municipal Code and Government Code Sections 65864 through 65869.5.
Section 4: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP.
Section 5: Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Ord. No. 2026-
Section 6: Approval. The City Council hereby approves the Development Agreement attached hereto as Exhibit A with such modifications as approved by the City Attorney. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement on behalf of the City of Lake Elsinore. The City Clerk is directed to transmit the Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance.
Section 7: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
Section 8: Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this ___ day of October 2026.
Robert E. Magee
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Ordinance No. 2026-____ was introduced by the City Council of the City of Lake Elsinore, California, at the Regular meeting of October 13, 2026 and adopted at the Regular meeting of __________, 2026 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Lake Elsinore )
130 South Main Street )
Lake Elsinore, California 92530 )
Attention: City Clerk )
)
(Space above for Recorder’s use.)
(Exempt from Recording Fees Per Govt Code §27383.)
DEVELOPMENT AGREEMENT WITH
LONG-TERM OPERATING COVENANTS
by and between the
CITY OF LAKE ELSINORE
and
VALLEY OUTDOOR MEDIA GROUP, INC.
1 DEVELOPMENT AGREEMENT WITH LONG-TERM OPERATING COVENANTS This DEVELOPMENT AGREEMENT WITH LONG-TERM OPERATING
COVENANTS (the “Agreement”) is made September _, 2026, by and between the CITY OF LAKE ELSINORE, a municipal corporation organized and existing under the laws of the State of California (the “City”) and VALLEY OUTDOOR MEDIA GROUP, INC., a California corporation (“VOMG”). The City and VOMG are hereinafter sometimes referred to individually as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and agreements contained in this Agreement, the Parties hereto agree as follows:
RECITALS
A. Government Code Sections 65864, et seq. (the “Development Agreement Statutes”) authorize the City to enter into an agreement with any person or business entity having a legal or equitable interest in real property regarding the future development of such property.
B. Government Code Section 65864 states that the lack of certainty in the approval process can result in a waste of resources and escalate the cost of development. Assurance to the applicant through a development agreement that the applicant may proceed with development in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development.
C. Pursuant to Government Code Section 65865, the City has adopted the following rules and regulations establishing procedures and requirements for consideration of development agreements: Lake Elsinore Municipal Code (LEMC) Chapter 19.12 (the “Development Agreement Procedures”). This Agreement has been processed, considered and executed in accordance with the Development Agreement Statutes and the Development Agreement Procedures.
D. The property which is the subject of this Agreement (the “Property”) consists of approximately 0.24 acres of vacant land within generally bordered on the southwest by Interstate 15 in the vicinity of Riverside Drive and Dexter Avenue, and lies within the General Plan’s Business District with a zoning designation of “General Commercial” of “C-2” as defined in Section 17.125.110 of the LEMC. The Property is commonly identified as Assessor Parcel No. 377-040-024 and more particularly described as and as set forth in the Legal Description attached hereto as Exhibit “A” and incorporated herein by reference.
E. VOMG is a California corporation authorized to do business in the State of California. VOMG holds a license coupled with a real property interest in a portion of the Property pursuant to that certain License Agreement dated as of September ___, 2026 by and between VOMG and the City, which is the fee owner of the Property (“License Agreement), a copy of which is on file and available for public inspection at the office of the City Clerk of the City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, California.
F. Through this Agreement, VOMG and the City intend to vest the right to place an electronic billboard sign on the Property and in doing so, bring certainty and stability to the 2 government regulations applicable to the use of a billboard sign on the Property which, upon the Effective Date, is permitted with a development agreement under the City’s General Plan and Zoning Code.
G. The vesting of the right to construct and operate the Electronic Message Center through this Agreement is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15332 because the Electronic Message Center on the Property is consistent with the applicable General Plan designation, policies as well as zoning designation and regulations, the Electronic Message Center and the Property is within the City’s boundaries and on a site less than five acres surrounded by urban uses – most notably Interstate 15, the Property has no value as habitat, and approval of the Electronic Message Center will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Electronic Message Center is adequately served by all required utilities and public services.
H. The City deems the approval and implementation of this Agreement to be in the public’s best interest and intends that the adoption of this Agreement be considered an exercise of the City’s police powers to regulate the Electronic Message Center and the Property. Moreover, development of the Property in accordance with this Agreement will provide substantial benefits to the City, including promoting economic progress and increased business retention and attraction through enhanced advertising opportunities. In addition, the Agreement provides the City with public service messaging capability, at no cost to the City, and will further important policies and goals of the City.
I. The Parties desire to enter into this Agreement relating to the Property in conformance with the provisions of the Development Agreement Statutes, the Development Agreement Procedures, the LEMC and existing City laws, rules, regulations, and official policies to allow the construction, operation and use of an electronic billboard sign as contemplated under the License Agreement and as further described in the Electronic Message Center Construction Drawings attached as Exhibit “B” (the “Electronic Message Center”), upon the terms and conditions set forth herein and in the promotion of the public health, safety and general welfare of the City. VOMG shall be entitled to proceed with the construction and operation of the Electronic Message Center on the Property in accordance with this Agreement and the City’s laws, rules, regulations, and official policies in force on the Effective Date of this Agreement.
J. On , 2026, the City Planning Commission held a duly noticed public hearing on VOMG’s application for the Development Agreement and recommended to the City Council approval of this Agreement.
K. On , 2026, the City Council held a duly noticed public hearing on VOMG’s application for the Development Agreement and on , 2026, the City Council adopted Ordinance No. 2026-___ approving this Agreement (the “Ordinance”). The Ordinance shall become effective on , 2026 (the “Effective Date”).
L. VOMG has applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement. The Planning Commission and City Council of the City have given public notice of intention to consider this Agreement, have conducted public hearings thereon pursuant to the Development Agreement Statutes, have found that the provisions 3 of this Agreement are consistent with, and fulfill the objectives of, the General Plan and the Zoning Ordinance; and have made all of the other required findings, including, but not limited, the findings set forth in Section 19.12.080 of the LEMC.
M. This Agreement is consistent with the public health, safety, and welfare needs of the residents of the City.
N. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the City’s ability to change the Applicable Rules (as hereinafter defined), hinder, delay, postpone, preclude or regulate the Electronic Message Center on the Property, except as provided for herein.
THEREFORE, the Parties agree as follows:
AGREEMENT
1. Definitions. In this Agreement, unless the context otherwise requires:
“Agreement” means this Development Agreement entered into between the City and VOMG as of the Effective Date.
“Applicable Rules” means the development standards and restrictions set forth in Section 3.2 of this Agreement which shall govern the construction and operation of the Electronic Message Center on the Property.
“City General Plan” or “General Plan” shall mean the General Plan of the City of Lake Elsinore.
“Community Development Director” shall mean the Director of Community Development of the City of Lake Elsinore, or designee.
“Effective Date” is the effective date of this Agreement which is ________________, 2026, the date the Ordinance approving this Agreement becomes effective. “Electronic Message Center” is defined in Recital I of this Agreement. “Future Approvals” means any action to authorize construction of the Electronic Message Center on the Property pursuant to the Applicable Rules, including without limitation, issuance of a sign permit pursuant to LEMC Section 17.196.030, building permits pursuant to LEMC Chapter 15.04 and electrical permits pursuant to LEMC Chapter 15.38. “Laws” or “Law,” or any reference to “laws” or “law” in this Agreement includes all applicable federal and California statutes and regulations, including without limitation the California Outdoor Advertising Act (Business and Professions Code Sections 5200 et seq.) and CALTRANS regulations specifications adopted pursuant thereto (Title 4 California Code of Regulations Section s 2240 et seq.) and case law, and any City laws, ordinances, resolutions, rules, regulations, policies, motions, directives, mitigation measures, conditions, standards, 4 specifications, dedications, fees, taxes (including without limitation general, special and excise taxes), assessments, liens, other exactions and impositions, or any other action, whether enacted or adopted by the City or its electorate through the initiative or referendum process. “LEMC” mean the Lake Elsinore Municipal Code.
“Non-Peak Hours” means 10:00 p.m. to 6:00 a.m., Monday through Sunday and 10:00 a.m. to 4:00 p.m.
“Property” is the real property covered by this Agreement identified in Recital D. “Qualified Non-Profit Organization” means California non-profit corporation registered with the California Secretary of State having a business address in the City of Lake Elsinore or otherwise conducting community-oriented activities within the City of Lake Elsinore, and having gross revenues during the last reported calendar year (or fiscal year, as the case may be) of less than $1,000,000. Upon the Effective Date, such $1,000,000 cap shall be adjusted for increases Consumer Price Index for All Urban Consumers (CPI-U) for Riverside-San BernardinoOntario. “Zoning Code” means Title 17 of the LEMC as of the Effective Date.
2. General Provisions.
2.1. Agreement Personal to VOMG. The qualifications and identity of VOMG are of particular concern to the City. Therefore, this Agreement and all of its terms and conditions are personal to VOMG and the benefits and burdens of this Agreement shall only inure to those affiliated entities, assigns, heirs, successors, devises, administrators, representatives, lessees and other persons as may be permitted by VOMG consistent with the provisions of Section 11 of this Agreement.
2.2. Negation of Agency. The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and VOMG joint venturers, partners, agents of the other, or employer/employee.
2.3. Amendments. The term “this Agreement” or “Development Agreement” herein shall include all amendments properly approved and executed pursuant to Section 7.4 and all changes, adjustments or clarifications by Operating Memoranda as set forth in Section 8.
2.4. Enforcement of Agreement. This Agreement shall be enforceable by each and any Party or any successor(s) or assign(s) (as provided in Sections 2.1 and 11), in accordance with the Applicable Rules notwithstanding any subsequent change in or addition to the applicable general plan, zoning, subdivision, land use, building or occupancy resolutions, ordinances, orders, actions, initiatives, referenda, policies, plans or regulations, or any other conditions applicable to the Electronic Message Center on the Property except as provided in Section 3 of this Agreement. 5 3. Development of Electronic Message Center on Property; Applicable Rules; Operating Covenants. The following development standards and restrictions set forth in this Section govern the construction and use of the Electronic Message Center on the Property, and shall constitute the Applicable Rules.
3.1. Rules, Regulations, Official Policies. Except as otherwise set forth in this Agreement, as to Future Approvals and construction of the Electronic Message Center on the Property, the City (including all employees, officials, agencies, commissions, boards, bureaus and departments thereof) rules, regulations, ordinances, resolutions, orders, actions, laws, general plans, conditions of approval and official policies governing and all other conditions and exactions applicable to the construction of the Electronic Message Center on the Property are expressly acknowledged and agreed by the Parties to be those in force and effect upon the Effective Date (the “Applicable Rules”).
3.2. Applicable Rules. The following Laws shall be part of the Applicable Rules:
a. The City’s General Plan as it exists on the Effective Date [need to discuss timing of GP update set for approval later this year; preference will be for undated General Plan];
b. The environmental impact report (“EIR”) and subsequent environmental documents adopted in connection with the General Plan; c. The City’s Zoning Code, as it exists on the Effective Date; d. Such other laws, ordinances, rules, regulations, and official policies governing signs on the Property allowed under the Applicable Rules; and e. Any subsequently enacted law, regulation or policy expressly agreed to by VOMG in writing to the City.
The following Laws shall not be part of the Applicable Rules:
a. Regulations governing construction standards and specifications, including without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code; and Caltrans Design standards and regulations; b. Regulations governing development impact fees;
c. Revisions and amendments to the Applicable Rules if the City determines that the failure of the City to make such revisions or amendments would place the residents of the City in a condition dangerous to their health and safety, or both; d. Revisions and amendments to the Applicable Rules mandated by changes in laws, regulations, plans or policies to the extent that such changes are mandated and required by changes in state or federal laws or regulations; 6 e. Changes in citywide land use regulations, ordinances, policies, programs adopted after the Effective Date that are not in conflict with the Applicable Rules as provided herein; and
f. Procedural regulations related to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedures not otherwise set forth herein.
3.3. Reserved.
3.4. Consistency with Applicable Rules. City finds, based upon all information available to City prior to or concurrently with the execution of this Agreement, that there are no Applicable Rules that would prohibit, prevent or impede the construction and operation of the Electronic Message Center on the Property.
3.5. General Development. VOMG shall have the right to construct and operate the Electronic Message Center on the Property in accordance with applicable laws and the terms and conditions of this Agreement and consistent with the Electronic Message Center Construction Drawing as set forth in Exhibit “B.” Notwithstanding the foregoing, subject to the provisions of Section 5.5, VOMG shall have no liability under this Agreement if construction of the Electronic Message Center on the Property fails to occur.
3.6. Submission of Application for Sign Permit. During the term of this Agreement, VOMG may submit a sign permit application to the Community Development Department for construction of the Electronic Message Center as provided in the Chapter 17.196 of the LEMC. VOMG’s ability to construct and install the Electronic Message Center is expressly conditioned upon the approval of a sign permit by the Director of Community Development. An application of the sign permit shall comply with all procedures set forth in Chapter 17.196 of the LEMC and shall include submittal of a plans and materials board depicting all proposed materials and colors for the Electronic Message Center. Upon receipt of the application for a sign permit submitted pursuant to this Agreement and in compliance with Chapter 17.196 of the LEMC, the Director of Community Development shall review the application to determine whether the design and setbacks of the proposed Electronic Message Center is substantially similar to the design and setbacks reflected in Exhibit “B.” A design that does not include the City’s name and logo shall be deemed to not be substantially similar to Exhibit “B.” City shall issue the requested sign permit when the Director of Community Development determined the proposed Electronic Message Center substantially conforms to the design and setbacks reflected in Exhibit “B” and VOMG has otherwise satisfied the requirements of Chapter 17.196 of the LEMC. VOMG acknowledges that, in addition to the sign permit, VOMG may be required to obtain other permits such as grading, building and/or electrical permits from the City prior to construction and installation of the Electronic Message Center. VOMG further acknowledges that prior to commencement of any construction of the Electronic Message Center, VOMG must provide verification to the City that California Department of Transportation (“CALTRANS”) has reviewed and approved the Electronic Message Center. 7 3.7. Long-Term Operating Covenants. The following covenants shall run with the Property until such time as the Electronic Message Center is removed from the Property:
a. Covenants Regarding Operation and Maintenance. VOMG shall operate and maintain the Electronic Message Center in good working order and in accordance with all applicable laws, including without limitation, the California Outdoor Advertising Act (Business and Professions Code Sections 5200 et seq.) and CALTRANS regulations specifications adopted pursuant thereto (Title 4 California Code of Regulations Sections 2240 et seq.).
i. Automatic Dimmers. The Electronic Message Center shall contain automatic dimmers that continuously monitor the brightness of the display using ambient and direct light photocells and that maintain a maximum luminance of 7,500 lumens per square meter during the daylight hours and a maximum luminance of 500 lumens per square meter from dusk (official sunset) to sunrise. The Electronic Message Center will also be equipped with a backup system with an almanac of sunrise and sunset times throughout the year in the unlikely event of a photocell failure. Digital billboards shall comply with applicable Caltrans Outdoor Advertising requirements and applicable standards for illumination, brightness, glare, and driver safety.
ii. Maintenance. VOMG shall, at its sole cost and expense, maintain and repair or cause to be maintained and repaired the Electronic Message Center, in compliance with all applicable provisions of the City’s Municipal Code and any and all other applicable laws. The Property and the Electronic Message Center shall be kept free from the accumulation of debris and waste materials. All exterior, painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking, peeling and defacing marks. All broken lights shall be immediately repaired in order to prevent hazardous conditions and/or invitation for trespassers and malicious mischief. Except during periods of construction, no lumber, trash, discarded equipment or other debris shall be stored in areas visible from the street and/or freeway.
iii. Graffiti Removal. All graffiti, and defacement of any type, including marks, words and pictures, must be removed and any necessary painting or repair completed in accordance with Chapter 9.52 of the City’s Municipal Code. iv. Non-Operation and Removal. VOMG shall promptly repair the Electronic Message Center in the event of damage, defect or other cause so as to maintain operations in accordance with this Agreement. In the event VOMG anticipates that a repair will require more than 30 days to complete, VOMG shall notify City in writing of the anticipated schedule and the cause of the delayed repair. In the event the Electronic Message Center is nonoperational for a continuous period of 120 days or more, City shall have the right to require removal of the Electronic Message Center within 30 days of delivery of written demand by City to VOMG. Removal of the Electronic Message Center shall be completed by VOMG in compliance with applicable laws and at its sole cost and expense. b. Covenant Regarding Advertising Limitation. VOMG voluntarily covenants and agrees for itself, its successors and assigns, that any advertising displayed on the 8 Electronic Message Center shall not contain any advertising for adult entertainment or nudity including, but not limited to, topless bars, nightclubs, establishments that feature nude or partially clothed dancers or wait staff, mud wrestling, any adult business featuring retail sales of sexually oriented novelty items, books, magazines, videos and tapes, or any material that could reasonably be considered pornographic. Further, VOMG voluntarily covenants and agrees for itself, its successors and assigns that any advertising displayed on the Electronic Message Center shall not contain any advertising for tobacco products of any type, or any political messages or advertising.
City further reserves the right to object to any other advertising that may be considered detrimental to the image of the City. In such cases, City shall inform VOMG in writing of the offensive advertising and request that it be removed. Vested party shall endeavor to cooperate with the City in assuring the removal of such other advertising when such removal does not breach any existing contract or lease agreement held by VOMG. VOMG’s obligation herein shall survive termination of this Agreement and shall remain in full force and effect until removal of the Electronic Message Center.
c. Covenant Regarding Public Service Messages and City Promotion.
VOMG voluntarily covenants and agrees for itself, its successors and assigns, that VOMG shall provide to City, at no cost to the City, the opportunity to place public service announcements on the Electronic Message Center, provided, however, that such public service announcements shall be limited to civic public service messages, including those sponsored by non-profit organizations, City promotional messages and announcement of City sponsored and co-sponsored events such as celebrations, festivals, special events, park and public facility openings along with public safety announcements such as flash flood warnings, and heat advisories (hereinafter collectively as “Public Service Messages”). The term Public Service Message shall expressly exclude any message advertising any business, company or event where such message would have a direct and tangible economic benefit to a private, for-profit company, or any message advertising any political campaign or political message.
City shall be entitled to post up to eight (8) second Public Service Message on each face of the Electronic Message Center (8,640 seconds total) every day on a continuous basis, of which 1 seconds may be allocated by VOMG to Non-Peak Hours. For all Public Service Messages, City shall be responsible for providing VOMG with the advertising copy.
VOMG shall not be responsible for producing or substantially modifying any advertising copy for a Public Service Message and shall have 48 hours after receipt and approval of advertising copy to display the Public Service Message. VOMG’s obligation herein shall survive termination of this Agreement and shall remain in full force and effect until removal of the Electronic Message Center.
Notwithstanding the foregoing, should City not utilize its allotment of advertising space, VOMG shall be entitled to lease that time for other advertising purposes as set forth herein. In the event a Public Service Message relates to a past event and City fails to submit new advertising copy for a new Public Service Message within three Business Days of written notice from VOMG in accordance with this paragraph, VOMG may lease such advertising time for any purpose consistent with paragraph c. of this Section 3.7 for a period of up to one calendar month. Written notice pursuant to this paragraph shall be addressed to the City Manager and the Director of Economic Development. VOMG may continue to lease such advertising space for subsequent monthly periods only following subsequent notice in accordance with this paragraph. 9 In addition to the foregoing, VOMG may lease any of the City’s allotment of Public Service Message space voluntarily forfeited by the City as expressly set forth in a written notice to VOMG signed by the City Manager.
d. Discount for Qualified Non-Profit Organizations. It is anticipated that each side of the Electronic Message Center will display approximately eight (8) messages per minute. Each message is referred to herein as a “Rotation.” VOMG will make available a minimum of one (1) Rotation during Non-Peak Hours on at-least one (1) side of the Electronic Message Center to any Qualified Non-Profit Organization at a fifty percent (50%) discount from the normal (full rack) Electronic Message Center display rates.
e. Emergency Alerts. In addition to the foregoing, the EMS shall be connected to the Integrated Public Alert and Warning System (IPAWS) and the National Center for Missing & Exploited Children (NCMEC) and provide any public safety or emergency service information, including but not limited to, evacuation warnings, fire warnings, weather-related warnings, flash flood warnings, heat advisories, and child abduction alerts (i.e., “Amber Alerts”) in accordance with applicable local and regional first responder protocols. Such emergency alerts shall override regular advertising and VOMG will integrate and maintain appropriate mechanisms ensuring such override.
4. Fees and Exactions.
4.1. Exactions. The City finds that the proposed development of the Property will contribute to economic growth and tax revenues to the City. In addition to the DAG Fee and such other fees and dedications as forth in this Section 4 et seq., the City shall only charge and impose those fees and exactions, including, without limitation, dedications, contributions, in lieu fees, reservations and any other fees or taxes (including excise, construction or any other taxes) relating to development or the privilege of developing the Property (the “Exactions”) that are legal and authorized by the Applicable Rules. No new Exactions may be imposed by the City; provided, however this Section shall not be applicable to the following fees and taxes and shall not be construed to limit the authority of City to:
a. Periodic increases in the amount of the Exactions; or b. Charge application and processing fees in effect on a citywide basis on the Effective Date as may be amended for land use approvals, building permits, and other similar permits and entitlements, which fees are designed to reimburse the City’s actual expenses attributable to processing such applications, provided, however, said application and processing fees shall not exceed the fees that are charged by the City generally to applicants, on a nondiscriminatory basis for similar approvals, permits, or entitlements granted by City; or c. Impose or levy general or special taxes, including but not limited to, property taxes, sales taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property; provided, however, that the tax is of general applicability Citywide and does not burden the Property disproportionately when compared to the development of other institutional, residential, commercial, office or retail uses within the City. 10 Nothing in this Agreement prohibits the adoption and application of a special tax approved by the City’s voters, provided that such tax is imposed on a City wide basis.
4.2. Development Agreement Fee; Credit. Pursuant to LEMC Section
19.12.170, Developer shall pay City a Development Agreement Fee in the amount of $150,000 (the “DAG Fee”). Twenty-Five Thousand Dollars ($25,000) of the DAG Fee shall be due and payable upon the Right of Entry Date as such term is defined in the License Agreement. The remaining One Hundred Twenty-Five Thousand Dollars ($125,000) shall be due and payable within ten (10) business days after the City has issued the sign permit and all grading, building, electrical, and other material City permits required for VOMG to commence construction of the Electronic Message Center.
4.3. VOMG shall be entitled to a dollar-for-dollar credit against the DAG Fee for all application and processing fees paid by VOMG to City in connection with the sign permit and any grading, building, electrical, or other city related permits required for construction of the Electronic Message Center. Any such credits shall first be applied against the unpaid balance of the DAG Fee. Outside agency permits are not included.
4.4. Non-Vested Development Impact Fees. Notwithstanding the provisions of Section 4.5 and 4.6, the following Development Impact Fees are not vested by this Agreement and shall not apply to: (i) Drainage District Fees pursuant to LEMC Chapter 16.72 as may be amended from time to time, (ii) Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program Fees pursuant to LEMC Chapter 16.83 as may be amended from time to time, and (iii) Local Development Mitigation Fees pursuant to the Western Riverside County Multiple Species Habitat Conservation Plan (“MSHCP”) and LEMC Chapter 16.85 as may be amended from time to time, and (iv) any other fee levied by any agency other than the City. Throughout the Term of this Agreement, such non-vested Development Impact Fees shall be paid at the prevalent rate in effect as of the date such Development Impact Fees are due.
Nothing in this Agreement is intended to prevent the imposition of fees or other exactions by any governmental entity not affiliated with the City.
4.5. Compliance with Laws. Developer shall carry out the design and construction of public improvements in conformity with all applicable Laws, including without limitation, public bidding and construction requirements in accordance with applicable City requirements, the California Public Contracts Code, and the California Labor Code.
5. Acknowledgments, Agreements and Assurances on the Part of the City. In order to effectuate the provisions of this Agreement, the City hereby agrees and assures VOMG that VOMG will be permitted to carry out and complete construction of the Electronic Message Center on the Property in accordance with the Applicable Rules. Therefore, the City hereby agrees and acknowledges that:
5.1. Entitlement to Develop. VOMG is hereby granted the vested right to construct and operate the Electronic Message Center on the Property to the extent and in the manner provided in this Agreement, subject to the Applicable Rules and the Future Approvals. 11 5.2. Subsequent Enactments. If state or federal laws or regulations are enacted after the Effective Date hereof, which prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement will be modified or suspended as may be necessary to comply with such state or federal laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
Notwithstanding the foregoing, VOMG shall have the right to legally contest any subsequentlyenacted state or federal law or regulation at its own expense, and the City agrees to reasonably cooperate with any such contest; provided however, such cooperation shall be at no cost to the City.
5.3. Future Approvals. VOMG shall submit applications for Future Approvals consistent with this Agreement and the Applicable Rules.
5.4. Modification of Approvals. Throughout the term of this Agreement, VOMG shall have the right, at its election and without risk to any right that is vested pursuant to this Agreement, to apply to the Community Development Director for minor modifications to the Electronic Message Center. The processing, review and approval by the City of any such modifications shall proceed in accordance with Section 5.3 hereof. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement.
5.5. Timing of Construction of Electronic Message Center. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the intent of VOMG and the City to cure that deficiency by acknowledging and providing that VOMG shall have the right (without the obligation) to construct the Electronic Message Center at such rate and at such time as VOMG deems appropriate within the exercise of its subjective business judgment.
5.6. No Moratorium. No future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, entitlements (including without limitation water and sewer service), or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the construction and operation of the Electronic Message Center on the Property.
6. Cooperation and Implementation. The City agrees that it will cooperate in good faith and fair dealing with VOMG to the fullest extent to implement this Agreement, including the following:
6.1. Further Assurances; Covenant to Electronic Message Center Documents.
Each Party shall take all actions and do all things, and execute, with acknowledgment or affidavit, 12 if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement.
6.2. Reimbursement and Apportionment. Although the Parties do not contemplate a condition of a Future Approval requiring excess capacity or size of required dedications or public facilities beyond that required by the Applicable Rules, nothing in this Agreement precludes the City or VOMG from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities and/or infrastructure that the City may request of VOMG.
6.3. Processing. The City hereby agrees that it will accept from VOMG for processing and review an application for construction of the Electronic Message Center on the Property in accordance with this Agreement, provided that said applications are submitted in accordance with the Applicable Rules. To the fullest extent allowed by law, the City shall process the application filed in connection with the Electronic Message Center as expeditiously as is commercially reasonable and complete at the earliest commercially reasonable time all steps necessary for the implementation of this Agreement and the construction of the Electronic Message Center on the Property in accordance with this Agreement and applicable laws, including without limitation the Permit Streamlining Act (Government Code Sections 65950 et seq.), including, but not limited to, the following:
a. The processing of applications for and the issuance of all the Future Approvals;
b. The holding of any required public hearings;
c. With respect to all applications for the issuance of all Future Approvals, in particular ministerial approvals such as sign permits, grading plans, grading permits, improvement permits, wall permits, building and electrical permits, encroachment permits, temporary use permits, the City shall respond to the application in writing within thirty (30) days after the application is submitted to the City; and
d. During the preparation of any drawings, plans, maps and related documents, staff of the City and VOMG shall hold regular progress meetings as needed to coordinate the preparation and review of such items, and the staff of the City and VOMG shall communicate and consult informally as frequently as is necessary to ensure that the formal submittal of any documents to the City can receive prompt and speedy attention.
6.4. No Revocation; Disapprovals. No plan, permit, Future Approval adopted in connection with this Agreement shall be revoked or subsequently disapproved once issued by the City provided that the Electronic Message Center is consistent with such approval. Any disapproval by the City shall state in writing the reasons for such disapproval and the suggested actions to be taken in order for approval to be granted. Any disapproval shall be without prejudice to the Vesting Party re-submitting the application, with modifications as appropriate, directly to the City Council without review by any subordinate person or body, including the Planning Commission. The City Council shall promptly notice and conduct a hearing on the re-submitted application at their next regularly scheduled or special meeting. 13 6.5. Defense of Agreement and Processing During Third Party Litigation. In the event that a third party lawsuit relating to this Agreement is filed against the City or VOMG, VOMG shall defend, indemnify and hold harmless the City at VOMG’s sole cost and expense.
VOMG may elect to terminate this Agreement as provided by Section 7.3 provided, however, that the obligation set forth in this Section 6.5 shall survive such termination. Subject to VOMG’s compliance with the preceding obligation, such lawsuit related to this Agreement shall not hinder, delay or stop the development, processing or construction of the Electronic Message Center, approval of Future Approvals unless the third party obtains a court order preventing the activity and posts adequate security as required by law. The City shall not stipulate to the issuance of any such order, and VOMG, subject to its obligation herein, may oppose such motion on behalf of the City. If this Agreement or any Applicable Rule as applied to this Agreement is adjudicated or determined to be invalid or unenforceable, the City agrees, subject to the City’s lawful discretion and all other legal requirements, to consider all modifications to this Agreement or the Applicable Rule which are necessary or required to render it valid and enforceable to the extent permitted by applicable law on the condition that VOMG shall reimburse City for all costs and expense related thereto.
6.6. State, Federal or Case Law. Where any state, federal or case law allows the City to exercise any discretion or to take any action with respect to that law, the City shall, in an expeditious and timely manner, at the earliest possible time, (i) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (ii) take such other actions as may be necessary to carry out in good faith the terms of this Agreement.
6.7. Processing Cooperation. To the extent permitted by law, the City shall cooperate with and assist VOMG in securing any and all entitlements, authorizations, permits or approvals which may be required by any other governmental or quasi-governmental entity in connection with the Electronic Message Center. The City shall cooperate with VOMG in any dealings with federal, state and other local governmental and quasi-governmental entities concerning issues affecting the Electronic Message Center. Without limiting the generality of the foregoing, the City shall use its best commercially reasonable efforts to ensure that the actions taken and requirements imposed by such governmental entities do not adversely impact the development of Electronic Message Center on the Property. The City shall keep VOMG informed with respect to its communications with such agencies which could impact the Electronic Message Center.
7. Compliance; Termination; Modifications and Amendments.
7.1. Review of Compliance. The City Council shall review pursuant to Government Code Section 65865.1 this Development Agreement once each year, on or before each anniversary of the Effective Date (“Periodic Review”) in order to review the extent of the good faith substantial compliance by VOMG with the terms and provision of this Agreement as well as the performance by the City of its obligations under this Agreement. At the commencement of each Periodic Review, the City shall notify VOMG in writing that said Periodic Review is or has been commenced. The Periodic Review shall cover only those parcels of the Property owned by VOMG. The permitted transferor, if any, shall be responsible for Periodic Review with respect to the transferred parcels in accordance with Section 11 below. 14 a. Prima Facie Compliance. During each Periodic Review, the City Council may determine, in writing, that VOMG and the City are in prima facie compliance with this Agreement. For purposes of this Agreement, the phrase “prima facie compliance” shall mean that the City and VOMG have acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in attempting to adhere to the substance of this Agreement. Precise or technical adherence to each term or provision of this Agreement shall not be required in order for a Party to be in prima facie compliance; and the failure of any Party to agree with the City in connection with the determination or implementation of any Future Approval shall not demonstrate a lack of prima facie compliance. b. Information to be Provided to VOMG. If the City Council does not determine VOMG to be in prima facie compliance with this Agreement, the City shall deliver to VOMG a copy of all documentation prepared in connection with the Periodic Review which demonstrates that VOMG is not in prima facie compliance with this Agreement in no event later than twenty (20) business days after the commencement of the Periodic Review. VOMG shall be given a full and adequate opportunity to be heard before the City Council orally and in writing regarding its performance and, at its option, the City’s performance under this Agreement prior to the completion of the City Council’s Periodic Review. Within thirty (30) days of the submission by VOMG of its response, or the hearing date, whichever is later, the City Council shall issue its Periodic Review statement and may conclude that substantial compliance with this Agreement has been met.
c. Notice Of Non-Compliance; Cure Rights. If at the completion of any Periodic Review, the City Council reasonably concludes on the basis of substantial evidence that (i) VOMG has not demonstrated that it is in prima facie compliance with this Agreement, AND (ii) that VOMG is out of compliance with a specific substantive term or provision of this Agreement, then the City Council may issue and deliver to VOMG a written notice (“Notice of Non-Compliance”) detailing the specific reasons for non-compliance (including references to sections and provisions of this Agreement and the Applicable Rules which allegedly have been breached) with a complete statement of all facts demonstrating such non-compliance. That Party shall then have sixty (60) calendar days following receipt of the Notice of Non-Compliance to cure said failure(s) or to provide evidence of Force Majeure as defined in Section 17 hereof, provided, however, if any one or more of the item(s) of non-compliance set forth in the Notice of NonCompliance cannot reasonably be cured within said sixty (60)-day period, then that Party shall not be in breach of this Agreement if it commences to cure said item(s) within said sixty (60)-day period and diligently prosecutes said cure to completion; provided, however such cure shall be completed within not more than one hundred twenty (120) days, or such time as the parties mutually agree is appropriate for the type of cure at issue. d. Failure of Periodic Review. The City's failure to review at least annually compliance by VOMG with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement, or of VOMG’s lack of compliance with this Agreement.
7.2. Termination of Development Agreement As To Breaching Party. If VOMG fails to timely cure any item(s) of non-compliance set forth in a Notice of Non-Compliance, then the City shall have the right but not the obligation to initiate proceedings for the purpose of 15 terminating this Agreement in accordance with Government Code Section 65865. If the City commences such termination proceedings, it shall give not less than thirty (30) days prior written notice thereof to VOMG, which notice shall specify the Property and the precise grounds for termination and shall set a date, time and place for a public hearing before the City Council on the issue, all in compliance with the Development Agreement Statutes. At the noticed public hearing, VOMG and/or its designated representative, shall be given an opportunity to make a full and public presentation to the City. If, following the taking of evidence and the hearing of testimony at said public hearing, the City finds, based upon substantial evidence, that VOMG has not demonstrated prima facie compliance with this Agreement and that VOMG is out of compliance with a specific, substantive term or provision of this Agreement, then the City may (unless the Parties otherwise agree in writing) terminate this Agreement.
7.3. Termination of Development Agreement. Notwithstanding the provisions of Section 7.2, the Parties may mutually agree in writing to terminate the Agreement. For example, it is the express intent of the parties to automatically terminate this Agreement if, during the term of this Agreement, VOMG submits written notice to City that it, or an affiliated entity, no longer has a valid real property interest in the Property. In this event, it is the parties’ intention that this Agreement shall be deemed terminated as of the date VOMG delivers to City the written notice described herein. For purpose of this Agreement, the phrase “affiliated entity” shall mean an entity which controls, is controlled by, or under common control with VOMG or is a partnership or joint venture involving VOMG or one or more of VOMG’s principals and in which VOMG or its principals exercise operational controls. In addition, it is the express intent of the parties to automatically terminate this Agreement if VOMG submits written notice to City that it is terminating this Agreement due to the filing of any third party litigation relating to this Agreement.
7.4. Modification or Amendment of Development Agreement. Subject to the notice and hearing requirements of the Development Agreement Statutes, this Agreement may be modified or amended from time to time only with the written consent of VOMG and the City or their successors and assigns in accordance with the provisions of the LEMC and Sections 65867 and 65868 of the Government Code.
8. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and VOMG. The construction process for the Electronic Message Center and subsequent operations may demonstrate that clarifications to this Agreement and the Applicable Rules are appropriate with respect to the details of performance of the City and VOMG.
To the extent allowable by law, VOMG shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement, except for those which relate to the (i) term or (ii) permitted uses. When and if VOMG finds it necessary or appropriate to make changes, adjustments or clarifications to matters, items or provisions not enumerated in (i) through (ii) above, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (the “Operating Memoranda”) approved by the Parties in writing which reference this Section 8. Operating Memoranda are not intended to constitute an amendment to this Agreement but mere ministerial clarifications; therefore public notices and hearings shall not be required. The City Manager shall be authorized, upon consultation with, and approval of, VOMG, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is 16 of such character to constitute an amendment to this Agreement which requires compliance with the provisions of Section 7.4 above.
9. Term of Agreement. This Agreement shall become operative upon the Effective Date and the term of the Agreement shall commence upon the “Commencement Date” as such term is defined in the License Agreement which provides, generally that the term shall commence upon VOMG’s right to enter upon the Property for the purpose of commencing construction activities related to the Electronic Message Center. Upon the Commencement Date, the term of this Agreement shall continue for a period of 25 years; upon which the Agreement will be automatically extended for up to two (2) an additional 5 year terms unless VOMG provides thirty (30) days’ written notice to the City in advance of the expiration date of this Agreement that VOMG will not extend the term of this Agreement.
Notwithstanding the foregoing provisions, the term of this Agreement shall automatically terminate upon the termination of the License Agreement.
Following the expiration or termination of the term hereof, this Agreement shall be deemed terminated and of no further force and effect; provided, such expiration or termination shall not automatically affect any right or duty of the City or VOMG arising from City approvals or actions relating to the sign approved or issued prior to the expiration or termination of the term.
The Parties acknowledge and agree that the long-term operating covenants set forth in Section 3.7 shall survive termination of this Agreement and shall remain in full force and effect until permanent removal of the Electronic Message Center.
10. Notice of Compliance.
10.1. Request For Notice. Within thirty (30) days following any written request that VOMG may make from time to time, the City shall execute and deliver to VOMG a written notice (“Notice of Compliance”), in recordable form, duly executed and acknowledged by the City, that certifies:
a. That this Agreement is unmodified and in full force and effect and is a binding obligation of the Parties, or if there have been modifications thereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; b. That there are no current uncured defaults under this Agreement or, if such are asserted, specifying the dates and nature of any such default; c. That this Agreement has been terminated with respect to a parcel, and such parcel has been released from this Agreement; and
d. Such other reasonable information requested by VOMG.
10.2. Failure To Deliver. The failure of the City to deliver such a Notice of Compliance within such time shall constitute a conclusive presumption against the City that this Agreement is in full force and effect without modification except as may be represented by VOMG and that there are no uncured defaults in the performance of VOMG, except as may be represented 17 by VOMG. VOMG shall have the right, at VOMG’s sole discretion, to record the Notice of Compliance. The City Manager shall be authorized to execute, on behalf of the City, any Notice of Compliance requested by VOMG.
11. Transfers and Assignments. The rights and obligations of VOMG hereunder shall not be assigned or transferred, except that on thirty (30) days written notice to City, VOMG, may assign all or a portion of VOMG’s rights and obligations thereunder to any person or persons, partnership or corporation who purchases all or a portion of VOMG’s right, title and interest in the Electronic Message Center, provided such assignee or grantee assumes in writing each and every obligation of VOMG hereunder yet to be performed. The notice to City shall include the identity of any such assignee, evidence of the assignee’s right, title and interest in the Electronic Message Center and a copy of the written assumption of the assignor’s obligations hereunder pertaining to the portion assigned or transferred. After such notice and the receipt of such consent, the assignor shall have no further obligations or liabilities hereunder.
12. Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent or limit VOMG, in any manner, at VOMG’s sole discretion, from encumbering the Electronic Message Center or VOMG’s interest in the Property pursuant to the License Agreement or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing may require certain agreement interpretations and modifications and agrees, upon request, from time to time, to meet with VOMG and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement.
13. Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of either the Electronic Message Center or the Property, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed. VOMG shall have the right to prevent or prohibit the use of the Electronic Message Center, or any portion thereof, by any person for any purpose inimical to the permitted uses. City shall not take or permit to be taken (if within the power or authority of the City) any action or activity with respect to the Electronic Message Center that would deprive VOMG of the material benefits of this Agreement or would materially and unreasonably interfere with the construction and use of the Electronic Message Center on the Property as contemplated by this Agreement.
14. Notices. Except as provided otherwise in Section 3.7.c, all notices under this Agreement shall be in writing and shall be deemed delivered when personally received by the addressee, or within three (3) calendar days after deposit in the United States mail by registered or certified mail, postage prepaid, return receipt requested, to the following parties and their counsel at the addresses indicated below, provided, however, if any Party to this Agreement delivers a notice or causes a notice to be delivered to any other Party to this Agreement, a duplicate of that notice shall be concurrently delivered to each other Party and their respective counsel. 18 To City: City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Manager
With a Copy to: Barbara Leibold
Leibold McClendon & Mann, P.C.
9841 Irvine Center Drive, Suite 230
Irvine, CA 92618
To VOMG: Valley Outdoor Media Group, Inc.
72581 Greenbriar Lane
Palm Desert, CA 92260
Notice given in any other manner shall be effective when received by the addressee. The addresses for notices maybe changed by notice given in accordance with this provision.
15. Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, VOMG may elect either (i) to have the remaining provisions of this Agreement remain in full force and effect and continue to be binding on both Parties, (ii) to propose an amendment of this Agreement, subject to the mutual consent of the Parties, or (iii) to declare that this Agreement shall become null and void as to all obligations then remaining unperformed and that this Agreement shall be terminated.
16. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element.
17. Force Majeure. Changed conditions, changes in local, state or federal laws or regulations, floods, earthquakes, delays due to strikes or other labor problems, acts of any third party, moratoria enacted by governmental entities or agencies other than the City, injunctions issued by any court of competent jurisdiction, the inability to obtain materials, civil commotion, fire, invasion, acts of God, or other circumstances which substantially interfere with the construction of and operation of the sign, or which substantially interfere with the ability of any of the Parties to perform its obligations under this Agreement shall collectively be referred to as “Events of Force Majeure.” Each Party shall promptly notify the other Party to this Agreement upon learning of any such Event of Force Majeure. If any Party to this Agreement is prevented by an Event or Events of Force Majeure from performing its obligations under this Agreement, then on the condition that the Party claiming the benefit of said Event(s) of Force Majeure (i) did not cause said Event(s) and (ii) said Event(s) was beyond said Party’s reasonable control, the time for performance by said Party of its obligations under this Agreement and the term shall be extended by a number of days equal to the number of days that said Event(s) of Force Majeure continued in effect, or by the number of days it takes to repair or restore the damage caused by said Event(s) to the condition which existed prior to the occurrence of said Event(s), whichever is longer, or longer 19 as the Parties may mutually agree. An Event of Force Majeure shall not include economic or market conditions.
18. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of such waiver is sought.
19. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of VOMG and the City and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
20. Attorneys’ Fees. If any Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for specific performance for the breach hereof, the prevailing Party shall be entitled to its reasonable attorneys’ fees, litigation expenses and costs. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal as well as any attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment.
21. Incorporation of Exhibits. The following exhibits which are part of this Agreement are attached hereto and each of which is incorporated herein by this reference as though set forth in full:
Exhibit “A” -- Property Legal Description
Exhibit “B” -- Electronic Message Center Construction Drawing
22. Authority to Execute; Binding Effect. The City and VOMG each represents and warrants that it has the power and authority to execute this Agreement and, once executed, this Agreement shall be final and binding on the Parties. The Parties represent that the signatories to this Agreement are duly authorized to sign on behalf of the respective Party and bind such Party.
23. Entire Agreement; Conflicts. This Agreement represents the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Applicable Rules, then the provisions of this Agreement shall prevail. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements which are not expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
24. Counterparts. The Parties may execute this Agreement on separate signature pages which, when attached hereto, shall constitute one complete Agreement.
25. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.
20 26. Further Actions. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary or desirable under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
27. Recording. The City Clerk shall cause a copy of this Agreement (including all Exhibits) to be executed by the City and recorded with the Office of the County Recorder of Riverside County, California within ten (10) days after passage by the City Council of the Ordinance.
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21 IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date first written above.
ATTEST:
Candice Alvarez, MMC
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF LAKE ELSINORE,
a California municipal corporation
By:
Its:
VALLEY OUTDOOR MEDIA GROUP,
INC., a California corporation
By:
Its:
By:
Its:
Exhibit “A”
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
377-040-024
THAT PORTION OF PARCEL 2 AND LETTERED LOT " D" OF PARCEL MAP 22939, AS SHOWN BY MAP ON FILE IN BOOK 157 PAGE( S) 53 AND 54 OF PARCEL MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND THAT PORTION OF DEXTER AVENUE AS SHOWN ON THE NORTH ELSINORE TRACT ON FILE IN BOOK 5 OF MAPS, PAGE 105, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, VACATED BY RESOLUTION NO. 88- 545 AND RECORDED OCTOBER 24, 1988 AS INSTRUMENT NO. 339500, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND THAT PORTION OF LOTS 1 AND 2 IN BLOCK 6, OF THE NORTH ELSINORE TRACT AS SHOWN BY MAP ON FILE IN BOOK 5 PAGE(S) 105 OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AS CONVEYED FROM THE STATE OF CALIFORNIA TO RANEL DEVELOPMENT COMPANY RECORDED AUGUST 9, 1990, AS INSTRUMENT NO. 296526, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT " A"; THENCE NORTH 460 04' 40" WEST 5. 00 FEET TO THE NORTHWESTERLY RIGHT OF WAY OF CENTRAL AVENUE- STATE HIGHWAY 74;
THENCE SOUTH 43045' 14" 54. 21 FEET;
THENCE NORTH 740 52' 53" WEST 53. 54 FEET;
THENCE NORTH 520 12' 15" WEST 172. 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 520 12' 15" WEST 224. 88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2500 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 47' 53" AND AN ARC LENGTH OF 165. 72 FEET TO A POINT, A RADIAL TO SAID POINT BEARS NORTH 41035' 38" EAST;
THENCE LEAVING SAID CURVE NORTH 430 43' 36" EAST 54. 57 FEET; THENCE SOUTH 46004' 40" EAST 16. 05 FEET;
THENCE NORTH 430 55' 20" EAST 1. 00 FEET MORE OR LESS TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 339 FEET, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF DEXTER AVENUE;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 370 12' 24" AND AN ARC LENGTH OF 220. 14 FEET TO A POINT, A RADIAL TO SAID POINT BEARS NORTH 060 54' 47" EAST;
THENCE LEAVING SAID CURVE NORTH 40004' 40" WEST i5. 33 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 330 FEET, SAID POINT ALSO BEING THE MOST WESTERLY CORNER OF SAID PARCEL 3; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 20' 30" AND AN ARC LENGTH OF 19. 25 FEET;
THENCE SOUTH 840 18' 10" EAST 100.42 FEET;
THENCE SOUTH 050 41' 50" WEST 9. 00 FEET TO THE SOUTHERLY RIGHT OF WAY ii
OF DEXTER AVENUE;
THENCE CONTINUING SOUTH 050 41' 50". WEST 27. 65 FEET;
THENCE SOUTH 46004' 40" EAST 38. 32 FEET;
THENCE SOUTH 43055' 20" WEST 41.69 FEET;
THENCE SOUTH 46004' 40" EAST 19. 00 FEET;
THENCE SOUTH 370 47' 45" WEST 92.00 FEET TO THE TRUE POINT OF BEGINNING.
Exhibit “B”
EXHIBIT “B”
ELECTRONIC MESSAGE CENTER CONSTRUCTION DRAWINGS
[To Be Attached and to include both design and location with approved setbacks once approved by City]
INTENTIALLY LEFT BLANK
1 LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this "License") is made September __, 2026 (the "Effective Date"), [note: date will be effective date of Development Agreement] by and between the CITY OF LAKE ELSINORE, a municipal corporation organized and existing under the laws of the State of California ("Licensor"), and VALLEY OUTDOOR MEDIA GROUP, INC., a California corporation ("Licensee").
WITNESSETH
WHEREAS, Licensor is the owner of that certain real property consisting of approximately 0.24 acres of vacant land generally bordered on the southwest by Interstate 15 in the vicinity of Central Avenue and Dexter Avenue. The Property is commonly identified as Assessor Parcel No. 377- 040-024 and more particularly described as and as set forth in the legal description attached hereto as Exhibit A (“Property”);
WHEREAS, Licensor and Licensee have executed that certain Development Agreement with Long-Term Operating Covenants dated as of even date herewith (“Development Agreement”), which such agreement imposes certain conditions and obligations on the parties with respect to the development and operation of an Electronic Message Center (as defined below) on a portion of the Property; and
WHEREAS, Licensee desires, and Licensor has agreed to grant to Licensee, a license to use and occupy a portion of the Property for the construction, operation and use of the Electronic Message Center, on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. License. Licensor hereby grants to the Licensee, as of the Right of Entry Date (i) an exclusive (with respect to the Licensed Area only) license to use and occupy that certain area designated as “Licensed Area” and as more particularly depicted on Exhibit A (the "Licensed Area"), and (ii) a non-exclusive license to use such other portions of the Property as are reasonably necessary for Licensee to access the Licensed Area, provide utilities thereto, construct improvements thereon, and maintain and service such improvements, all on the terms and conditions set forth in this License. The parties hereby acknowledge and agree that (i) Licensee's use of the Licensed Area shall be in the nature of a license only, and (ii) neither this License nor Licensee's use of the Licensed Area shall be deemed to create or constitute a leasehold interest, easement, or any other estate, right, or interest in real property in favor of Licensee, other than the license expressly granted herein. The “Right of Entry Date” shall mean the date the Ordinance (as defined in the Development Agreement) approving the Development Agreement becomes effective.
2. Purpose of the License. Licensee shall use the Licensed Areas for the construction, operation and use of an electronic billboard sign and as further described in the Electronic 2 Message Center Construction Drawings attached as Exhibit “B” to the Development Agreement (the “Electronic Message Center”), and for no other purpose (“Permitted Use”).
The Electronic Message Center, including equipment and improvements ancillary thereto on the Licensed Area, shall remain the exclusive property of Licensee notwithstanding the fact they are affixed to the Property.
3. Laws, Rules, and Regulations. Licensee shall comply with all applicable laws, ordinances, rules, and regulations affecting the Licensed Area and the Property, including, without limitation, all regulations and/or permit requirements imposed by Licensor, acting in its municipal regulatory capacity. Licensee acknowledges and agrees that Licensor executes this License in its proprietary capacity as Property owner only, and this License shall not constitute a waiver of, or approval under, any local laws, rules or regulations which apply to the Permitted Use.
4. Term. The term (the "Term") of this License shall commence on the Effective Date and shall expire on the twenty-fifth (25th) anniversary of the Commencement Date (“Expiration Date”), unless terminated sooner. The “Commencement Date” shall mean the date on which construction of the Electronic Message Center has been completed and the Electronic Message Center is legally authorized to and capable of displaying off-site advertising. The Term will be automatically extended for up to two (2) additional 5-year periods unless Licensee provides at least thirty (30) days’ written notice to Licensor in advance of the expiration date of this License that Licensee will not extend the Term.
Notwithstanding the foregoing provisions, the Term shall automatically terminate upon the termination of the Development Agreement.
5. Licensee Obligations and Responsibilities. In addition to Licensee’s other obligations hereunder, Licensee shall perform, and Licensee’s rights hereunder shall be limited, as follows:
a. Licensee shall design, engineer, fabricate, permit, construct, operate, monitor and maintain the Electronic Message Center at its sole cost. b. Licensee shall comply with all obligations of Licensee under the Development Agreement, including without limitation the operating covenants contained in Section
3.7 thereof.
6. License Fee. In addition to any and all payments required to be made by Licensee to Licensor under the Development Agreement, including without limitation Section 4.2 thereof, beginning on the Commencement Date, Licensee shall pay to Licensor the greater of (i) an amount equal to thirty-five percent (35%) of the Net Advertising Revenue (defined below), or (ii) the Guaranteed Minimum License Fee (defined below) (“License Fee”).
The License Fee shall be payable quarterly in arrears, on or before the twenty-fifth (25th) day following the end of any calendar quarter.
a. “Net Advertising Revenue” shall include all amounts actually received whether by coin or currency, on account, by check or credit card, whether conducted on or off the Licensed Area, derived by Licensee as a result of its operation of the Electronic 3 Message Center and its use of the Licensed Area. Goods, work or services furnished by any person or firm in lieu of payment in exchange for value received shall be deemed to be cash sales. Notwithstanding the foregoing, the following shall be excluded from Net Advertising Revenue: (i) possessory-interest taxes or other property taxes paid by Licensee directly resulting from this License or revenues generated by the Electronic Message Center, (ii) utility and maintenance costs paid by Licensee directly attributable to the Electronic Message Center, (iii) costs resulting from proof of performance, audience-measurement, impression verification or similar data services paid by Licensee to third-party consultants directly attributable to the Electronic Message Center, and (iv) costs resulting from advertising sales, agency commissions, content management and scheduling, accounting, billing, collections and administrative support directly attributable to the Electronic Message Center. b. The “Guaranteed Minimum License Fee” shall be an annual amount equal to One Hundred Thousand Dollars ($100,000). For the avoidance of doubt, the quarterly amount of the Guaranteed Minimum License Fee would therefore be $25,000. c. For the purpose of determining the quarterly License Fee, Licensee shall, prior to the twenty-fifth (25th) day after the end of each calendar quarter, submit to Licensor, in such manner and detail and upon such forms as are prescribed by Licensor, an accounting of the Net Advertising Revenue billed or received by Licensee in the course of operations hereunder for the preceding calendar quarter. Payment due for the preceding quarter shall accompany such report.
d. If the termination of this License falls upon any date other than the first or last day of any calendar quarter, the applicable compensation for such quarter shall be paid by Licensee to Licensor pro rata in the same proportion that the number of days this License is in effect for that quarter bears to the total number of days in that quarter. e. Without waiving any other right of action available to Licensor in the event of delinquency by Licensee for a period of thirty (30) days or more in its payment to Licensor of the above compensation, and without waiving the interest specified herein upon acceptance of such payment, Licensee shall pay to Licensor interest at a rate equal to eight percent (8%) per annum from the date such amount was due and payable until paid. Interest shall be compounded annually until the debt is paid. f. All fee payments shall be delivered to and all statements and reports filed with City of Lake Elsinore Administrative Services Department. The designated place of payment and filing may be changed at any time by Licensor upon ten (10) days written notice to Licensee.
g. Licensee shall maintain permanent books, ledgers, journals and accounts wherein are kept all entries reflecting both the Net Advertising Revenue received or billed by it from the business transacted in connection with this License. All records must be supported by appropriate source documents. Upon written request by Licensor, made not more than once during any calendar quarter, all such records and documents shall 4 be delivered to Licensor within ten (10) business days after Licensee’s receipt of such request.
h. Licensor, or its designated representatives, shall be permitted, upon not less than ten (10) business days’ prior written notice, no more than once in any twelve (12) month period, to examine and review the records required to be kept by Licensee under this License at all reasonable times during Licensee’s regular business hours in a manner causing as little inconvenience as possible to Licensee for the purpose of determining compliance with this License. If such examinations and reviews determine that Licensee underpaid the License Fee for any twelve (12) month period by more than five percent (5%), the cost of such examinations and reviews shall be borne by Licensee.
7. Maintenance, Repairs and Utilities. Licensee shall, at its sole cost and expense, maintain and repair (if necessary) the Licensed Areas. Licensor shall cooperate with Licensee to the extent reasonably necessary to ensure utilities are accessible to the Licensed Area, but shall not be obligated to incur any costs in connection with such cooperation. Except as provided above, Licensor shall have no obligation to provide any utilities to the Licensed Areas.
8. Insurance. Without limiting or diminishing Licensee’s obligation to indemnify or hold the Licensor harmless, Licensee shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages from insurers with a Best’s rating category of A/VIII or better during the term of this License. a. Commercial General Liability: Licensee shall maintain commercial general liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury covering claims which may arise from or out of Licensee’s performance of its obligations hereunder.
Such policy shall name by endorsement Licensor and its special districts, respective directors, officers, elected officials, employees, agents or representatives as Additional Insureds. Such policy’s limit of liability shall not be less than $5,000,000 per occurrence combined single limit. If such policy contains a general aggregate limit, it shall apply separately to this License or be no less than two (2) times the occurrence limit.
b. Property: Licensee shall maintain commercial property insurance covering the Electronic Message Center, ancillary improvements and Licensee’s personal property, at their full replacement cost. Such policy shall name by endorsement Licensor and its special districts, respective directors, officers, elected officials, employees, agents or representatives as Additional Insureds
c. Vehicle Liability: Licensee shall maintain liability insurance for all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such policy contains a general aggregate limit, it shall apply separately to this License or be no less than two (2) times the occurrence limit. Such policy shall name 5 by endorsement Licensor, its special districts, their respective directors, officers, elected officials, employees, agents or representatives as Additional Insureds. d. Worker’s Compensation Insurance: Licensee shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California.
9. Indemnification. To the maximum extent permitted by law, Licensee hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Lake Elsinore, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from Licensee’s use of the Licensed Area and/or the Property and/or any act, failure to act, error or omission of Licensee (including any of its officers, agents, employees, or subcontractors) or its failure to comply with any of its obligations contained in this License or the Development Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the Licensor. Notwithstanding the foregoing, nothing in this Section 10 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this License is subject to Civil Code Section 2782(b). Licensee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Licensee or Indemnitees. This indemnification obligation shall survive the termination of this License and shall not be limited by any term of any insurance policy required under this License. Indemnitees do not and shall not waive any rights that they may possess against Licensee because of the acceptance by Licensor, or the deposit with Licensor, of any insurance policy or certificate required pursuant to this License. Licensee, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
10. Right of Entry. Licensor and its employees, agents, and contractors shall have the right to enter the Licensed Area at all reasonable times for the purpose of (a) inspecting the Licensed Area, (b) making repairs, alterations, or improvements to the Licensed Area or the Property, or (c) any other reasonable purpose.
11. Remedies Upon Default. If Licensee fails to perform any of its obligations under this License, Licensor shall send written notice of such failure to Licensee. For monetary defaults, Licensee shall then have fifteen (15) calendar days following receipt of such default notice to cure said failure(s). For non-monetary defaults, Licensee shall then have sixty (60) calendar days following receipt of such default notice to cure said failure(s) or to provide evidence of Force Majeure as defined in the Development Agreement, provided, however, if any one or more of the item(s) of non-compliance set forth in the default notice cannot reasonably be cured within said sixty (60)-day period, then Licensee shall not be in breach of this License if it commences to cure said item(s) within said sixty (60)-day period and diligently prosecutes said cure to completion; provided, however such cure shall be completed within not more than one hundred twenty (120) days, or such time as the parties 6 mutually agree is appropriate for the type of default at issue. If Licensee fails to cure such default after expiration of the periods described above, Licensor shall have the immediate right to (a) terminate this License, (b) reenter and take possession of the Licensed Area, (c) remove Licensee's property from the Licensed Area and store or dispose of the same at Licensee's expense, and (d) pursue any and all legal remedies available to Licensor.
12. Surrender. Licensee shall vacate and surrender the Licensed Areas and the Facility on or before the Expiration Date or earlier termination of this License, and shall remove the Electronic Message Center, ancillary improvements, and other personal property from the Licensed Area and the Property. Any improvements or personal property not removed by Licensee shall be deemed abandoned and may be removed, stored, sold, or otherwise disposed of by Licensor at Licensee's expense. Licensee shall surrender the Licensed Area in the same condition as received by Licensee.
13. Transfers and Assignments. The rights and obligations of Licensee hereunder shall not be assigned or transferred, except that on thirty (30) days written notice to Licensor, Licensee may assign all or a portion of Licensee’s rights and obligations hereunder to any person or persons, partnership or corporation who purchases all or a portion of Licensee’s right, title and interest in the Electronic Message Center, provided such assignee or grantee assumes in writing each and every obligation of Licensee hereunder yet to be performed and also similarly assumes all of Licensee’s rights and obligations under the Development Agreement. The notice to Licensor shall include the identity of any such assignee, evidence of the assignee’s right, title and interest in the Electronic Message Center and a copy of the written assumption of the assignor’s obligations hereunder pertaining to the portion assigned or transferred. After such notice and the receipt of such consent, the assignor shall have no further obligations or liabilities hereunder.
14. Alterations. Licensee shall make no alterations, changes, or installations to, in, on, or about the Licensed Area or the Property without the prior written consent of Licensor, which consent may be withheld in Licensor's sole and absolute discretion. Any alterations, changes, or installations made by Licensee with Licensor's consent shall be made at Licensee's sole cost and expense, in accordance with all applicable laws, ordinances, rules, and regulations, and in a good and workmanlike manner. Upon the expiration or earlier termination of this License, all alterations, changes, and installations made by Licensee shall be removed in accordance with Section 12. Routine repairs, equipment replacements, upgrades, and other changes that do not materially alter the Electronic Message Center shall not require Licensor’s consent. 15. Notices. All notices under this License shall be in writing and shall be deemed delivered when personally received by the addressee, or within three (3) calendar days after deposit in the United States mail by registered or certified mail, postage prepaid, return receipt requested, to the following parties and their counsel at the addresses indicated below, provided, however, if any party to this License delivers a notice or causes a notice to be delivered to any other party to this License, a duplicate of that notice shall be concurrently delivered to each other party and their respective counsel.
To Licensor: City of Lake Elsinore
130 South Main Street
7 Lake Elsinore, CA 92530
Attention: City Manager
With a Copy to: Barbara Leibold
Leibold McClendon & Mann, P.C.
9841 Irvine Center Drive, Suite 230
Irvine, CA 92618
To Licensee: Valley Outdoor Media Group, Inc.
72581 Greenbriar Lane
Palm Desert, CA 92260
Notice given in any other manner shall be effective when received by the addressee. The addresses for notices may be changed by notice given in accordance with this provision.
16. Miscellaneous.
a. Effectiveness of License. This License shall not be effective or binding upon Licensor until fully executed and delivered by both Licensor and Licensee. b. No Waiver. No failure by Licensor to insist upon the strict performance of any term, covenant, or condition of this License, and no failure by Licensor to exercise any right or remedy upon a default by Licensee, shall constitute a waiver of any such term, covenant, condition, right, or remedy. No term, covenant, or condition of this License to be performed or complied with by Licensee, and no default by Licensee, shall be waived, altered, or modified except by a written instrument executed by Licensor. No waiver of any default shall affect or alter this License, but each and every term, covenant, and condition of this License shall continue in full force and effect with respect to any other then-existing or subsequent default. c. Modification or Amendment. This License may not be modified or amended except by a written instrument executed by both Licensor and Licensee. d. Governing Law. This License shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Riverside.
e. Counterparts and Digital Signatures. This License may be executed in one or more counterparts, each of which shall constitute an original and all of which when taken together shall constitute one agreement. The words “execution,” “signed,” “signature,” and words of like import in this License shall include images of manually executed signatures transmitted by electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, Docusign). The 8 use of electronic signatures herein, or in any amendments to this License, and any electronic records related to this License (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means), shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transaction Act, and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code. Each party hereto hereby agrees that such electronically signed and/or electronically transmitted signatures shall be conclusive proof, admissible in judicial proceedings, of such party’s execution of this License.
f. Headings; Interpretation. The headings of the sections of this License are for convenience only and shall not affect the interpretation of this License. This License shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing this License to be drafted. g. Entire Understanding. This License contains the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, between the parties with respect to the subject matter hereof. h. Authority. Licensor warrants and represents that upon City Council approval, the party signing on behalf of the City of Lake Elsinore is duly authorized to enter into and execute this License on behalf of Licensor. The party signing on behalf of Licensee warrants and represents that he or she is duly authorized to enter into and execute this License on behalf of Licensee, and shall be personally liable to Licensor if he or she is not duly authorized to enter into and execute this License on behalf of Licensee. i. Non-Liability of Officials and Employees of Licensor. No official or employee of the Licensor shall be personally liable for any default or liability under this License. j. Non-Discrimination. Licensee shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act. Licensee shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any other legally protected characteristic. Licensee shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Licensee shall include a similar non-discrimination provision in all subcontracts related to the performance of this License. 9 k. Attorneys’ Fees. In the event either party to this License brings any action to enforce or interpret this License, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs. This provision shall survive the termination of this License.
l. Claims. Any claim by Licensee against Licensor hereunder shall be subject to Government Code §§ 810 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the Licensor shall be waived if not made within six (6) months after accrual of the cause of action. m. Incorporation of Exhibits and Schedules. All exhibits and schedules attached to this License are incorporated herein by reference and made a part hereof.
10 IN WITNESS WHEREOF, the parties have each executed this License as of the date first written above.
ATTEST:
Candice Alvarez, MMC
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF LAKE ELSINORE,
a California municipal corporation
By:
Its:
VALLEY OUTDOOR MEDIA GROUP,
INC., a California corporation
By:
Its:
By:
Its:
11 EXHIBIT A
THE PROPERTY AND LICENSED AREA
[attach schematic]
12 NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a Public Hearing on October 13, 2026, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following:
Development Agreement with Long-Term Operating Covenants – Valley Outdoor Media Group, Inc.: A request by Valley Outdoor Media Group, Inc. (“VOMG”) and the City of Lake Elsinore to allow the construction, operation, and use of an electronic billboard sign (“Electronic Message Center”) on approximately 0.24 acres of City-owned property generally located adjacent to Interstate 15 in the vicinity of Riverside Drive and Dexter Avenue (APN: 377-040-024). The property is located within the General Plan Business District and has a General Commercial (C-2) zoning designation.
The Development Agreement would establish long-term operating covenants governing the Electronic Message Center, including requirements related to automatic dimming and illumination, maintenance and repair, graffiti removal, non-operation and removal, advertising limitations, public service and City promotional messages, discounted advertising opportunities for qualified nonprofit organizations, and emergency alerts. The Development Agreement would have an initial term of 25 years and requires VOMG to pay the City a Development Agreement Fee of $150,000, subject to the payment provisions and applicable credits established in the Development Agreement.
Pursuant to the California Environmental Quality Act (CEQA), the Project exempt from CEQA pursuant to CEQA Guidelines Section 15332 (Class 32 – In-Fill Development Projects) because the Electronic Message Center is consistent with the applicable General Plan designation, policies, zoning designation, and regulations; the project site is within the City limits, consists of less than five acres, and is surrounded by urban uses, including Interstate 15; the property has no value as habitat; approval of the Electronic Message Center would not result in significant effects relating to traffic, noise, air quality, or water quality; and the Electronic Message Center is adequately served by all required utilities and public services.
ALL INTERESTED PERSONS are invited to attend this Public Hearing to present written information, express opinions, or otherwise present evidence in the above matter. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951) 674-3124 Option 6. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Gina Gonzalez, Director of Economic Development and Legislative Affairs at [email protected] or (951) 824-8926.
Candice Alvarez, MMC
City Clerk
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011813576
FILE NO. 0011813576
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the aboveentitled matter. I am an authorized representative of THE PRESSENTERPRISE, a newspaper of
general circulation, printed and
published daily in the County of
Riverside, and which newspaper has
been adjudicated a newspaper of
general circulation by the Superior
Court of the County of Riverside, State
of California, under date of April 25,
1952, Case Number 54446, under
date of March 29, 1957, Case Number
65673, under date of August 25, 1995,
Case Number 267864, and under date
of September 16, 2013, Case Number
RIC 1309013; that the notice, of which
the annexed is a printed copy, has
been published in said newspaper in
accordance with the instructions of the
person(s) requesting publication, and
not in any supplement thereof on the
following dates, to wit:
10/01/2026
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: October 1, 2026.
At: Riverside, California
______________________________
Signature
PH-VOMG 2026 - Page 1 of 1
NOTIFICATION PACKAGE
Interstate 15 in the vicinity of Central Avenue and Dexter Avenue, Lake Elsinore
APNs 377-040-024
INCLUDES:
900' OWNER LIST
900' RADIUS MAP*
*expanded to incl 30 unique min owners
EXCEL & ELECTRONIC WORD LABEL FILE
CERTIFICATION
COUNT: 32 (duplicates consolidated)
PREPARED 08/30/2026
FILE #5674
4000 Barranca Pkwy #250, Irvine CA 92604
Local (949) 771-0051
[email protected]
www.expressmapping.com
Toll Free (888) 990-MAPS
Affidavit of Notification List
Application No. _________________________________________________________________ Applicant Name _________________________________________________________________ Project Name/Location _________________________________________________________________ I certify that on _____________ day of _________________, 20___ , we prepared a notification list and a radius map, including properties entirely and partially within __________ feet of the most exterior boundaries of the property being considered in the above referenced project known as (Property Address) _______________________________________________________. The property owner names and addresses listed on the notification list, provided in an excel spreadsheet on a CD or external hard drive, were taken from the latest records of the Riverside County Assessor. Such names are recorded in the records of the Riverside County Assessor as being the present owner or owners of both the subject property and the property/properties within the required mailing radius of the subject property.
________________________________________
Applicant/Representative Signature Date
This instrument was acknowledged before me on this __________ day of ____________ , 20 ____ , by In witness whereof I hereunto set my hand and official seal. ________________________________________
Notary Public 30
My Commission expires on: _________________
Pursuant to Government Code Sections 65090-65096 notification lists shall be from the most recent Accessor Tax rolls. In order for the application to be deemed complete please return the completed, notarized affidavit to the assigned case planner at your earliest convenience.
07/18/2030
30th August 26
30th August 26
900
Interstate 15 in the vicinity of Central Avenue and Dexter Avenue Interstate 15 in the vicinity of Central Avenue and Dexter Avenue 377-030-071
Brothers Holding Paleros
4885 Green Crest Dr
Yorba Linda CA 92887
377-030-073
Chevron Usa Inc
P O Box 1392
Bakersfield CA 93302
377-030-075
J&S Eats
18461 Dexter Ave
Lake Elsinore CA 92532
377-030-092, 031-12, 14
In-N-Out Burgers
13502 Hamburger Ln
Baldwin Park CA 91706
377-031-001
Jun Y Kim
109 Bridle Path
Irvine CA 92602
377-031-002
Circle K Stores Inc
P O Box 52085 Dc17
Phoenix AZ 85072
377-040-022
Luna Bianca Una
5074 Scholarship
Irvine CA 92612
377-040-023, 24,25
City Of Lake Elsinore
130 S Main St
Lake Elsinore CA 92530
377-040-026
Virginia Street Reno
Po Box 53696
Irvine CA 92619
377-040-028, 29, 30
Pacific Castle Lake Elsinore Partners
2601 Main St #900
Irvine CA 92614
377-040-031,32
Yessmann David Trust
Po Box 3218
Torrance CA 90510
377-040-039
Lake Elsinore Sek
255 Orchid Ct
Montebello CA 90640
377-040-040
Henley Pacific Sd
54 Jaconnet St #100
Newton Highlands MA 2461
377-040-041
Inv Jbx
Po Box 235374
Encinitas CA 92023
377-040-042
Lowes Hiw Inc
1000 Lowes Blvd
Mooresville NC 28117
377-040-043
Costco Wholesale Corp
999 Lake Dr
Issaquah WA 98027
377-040-049
Nv Dev Cft
1120 N Town Center Dr #150
Las Vegas NV 89144
377-040-050
Premier Inv Le
Po Box 60163
Irvine CA 92602
377-040-051
Lane-Cosmo Pepper
15729 Los Gatos Blvd #200
Los Gatos CA 95032
377-040-052
Saf Oil Inc
29355 Central Ave
Lake Elsinore CA 92532
377-050-050, multiple
State Of California
1300 I St
Sacramento CA 95814
377-050-070
Elsinore Valley Cemetery Dist
18170 Collier
Lake Elsinore CA 92530
377-060-014
Hd Dev Of Maryland Inc
2455 Paces Ferry Rd
Atlanta GA 30339
377-070-035
Prop Rsm
1949 Auto Center Dr
Glendora CA 91740
377-070-036
Al Calif
P O Box 460049 Dept 501
Houston TX 77056
377-081-004
Dmd Lodging Inc
2508 N La Capella Ct
Orange CA 92867
377-081-005
Ana Nireena Corp
20687 Amar Rd #2-198
Walnut CA 91789
377-081-008
Oeuvre
8033 Sunset Blvd #1089
Los Angeles CA 90046
377-081-009
196 Jefferson
2849 Larkspur Ave
Brea CA 92821
377-090-053
Wal Mart Real Estate Business Trust
1301 Se 10Th St
Bentonville AR 72716
377-090-056
Jjdan
6800 Bishop Rd
Plano TX 75024
377-090-057
Autozone Parts Inc
123 S Front St
Memphis TN 38103