Murrieta City Council
November 19, 2024

Department of Public Works/Engineering
Background
 CIP No. 13048 – Citywide Slurry Seal Project
 The Citywide Slurry Seal is a bi-annual project which uses a data driven approach to analyze and assess the City’s existing road conditions based on the most recent Pavement Management Program (PMP) update and Pavement Condition Index Scores (PCI). Based on the PCI score of each road, a specified slurry treatment is assigned.
 Limits of work: Approximately 25% of all residential/local streets citywide consisting of 58 centerline miles and 11.2 million square feet of roadway to be resurfaced.
 Improvements consist of: Crack Filling, Micro Milling, Manhole Adjustments, Slurry Sealing, and Signing and Striping.
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Department of Public Works/Engineering
What is Slurry Seal?
 Slurry Seal is a mixture of liquid asphalt emulsion combined with sand or small gravel that’s applied to the existing asphalt pavement to preserve and extend its life.
 There are 3 different types of Slurry Seal (Type 1, 2, and 3). The slurry type is differentiated based on the size of aggregate in the mixture. City staff determines the type of Slurry to be used on each road based on the PCI score from the City’s most recent PMP update.
 A Slurry Seal is different from an asphalt overlay in that it is a much thinner layer of new surface that is being applied. Typically, asphalt overlays are utilized on major/arterial roads which receive a high volume of traffic and thus require a more advanced level of treatment/ rehabilitation. Slurry Seal is a cost-effective method of rehabilitation and preservation which allows the City to resurface and extend the longevity of the City’s low volume traffic local/residential roads.
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Department of Public Works/Engineering
Limits of Work:
• Approximately 25% of
all non-arterial streets
citywide
• 58 Centerline Miles
• 11.2 Million Square
Feet of Roadway
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Department of Public Works/Engineering
Funding Sources
 CIP No. 13048 – Citywide Slurry Seal: Funded by Measure A (fund 302) and Gas Tax (fund 306).
 Staff recommends transferring the balance of Measure A and Gas tax from the previous Citywide Slurry Seal Project (CIP 8137) into CIP No. 13048 in combined amount of
$1,677,874.68.
 Funding will be available in CIP No. 13048 upon the
transfer of Measure A and Gas Tax funds from CIP No.
8137.
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Department of Public Works/Engineering
Bid Results
 Bids Opened: September 19, 2024
 Four (4) bids received:
 Bids ranged from $2,952,488.50 to $4,177,176.89
 Low bid submitted by Roy Allan Slurry Seal, Inc.
for $2,952,488.50
 Bids found to be consistent with current market
 No Bid Protests Received
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Department of Public Works/Engineering
Recommendation

1. Award the Construction Contract for the 2023 Citywide Slurry Seal Project, Capital Improvement Plan No. 13048 to the lowest responsible bidder, Roy Allan Slurry Seal, Inc., in the amount of $2,952,488.50 plus a fifteen percent (15%) contingency for a total amount of $3,395,361.78.

2. Authorize the City Engineer to approve Contract Change Orders not to exceed fifteen percent (15%) of the Contract amount.

3. Amend the Fiscal Year 2024/25 CIP budget and transfer the balance of available Measure A and Gas Tax funds from CIP No. 8137 into CIP No. 13048 in the amounts of $1,150,233.52 and $527,641.16 respectively, for a total amount of $1,677,874.68.

4. Authorize and direct the Mayor to execute the Contract on behalf of the City.
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Department of Public Works/Engineering
2023
Project
Map
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Department of Public Works/Engineering
2021
Project
Map
780

Department of Public Works/Engineering
2019
Project
Map
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CITY OF MURRIETA
City Council Meeting Agenda
Report
11/19/2024
Agenda Item No. 21.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott Agajanian, Economic Development Director
PREPARED BY: Tiffany Israel, City Attorney
SUBJECT:

Approval of the Exchange of a Portion of City-Owned Real Property (APN 963- 060-086) for Real Property Owned by a Third Party (APN 963-060-065) and Appropriation for the Development of Fire Station 6 to Serve the Community

RECOMMENDATION
Staff recommends that the City Council approve the Exchange Agreement and Joint Escrow Instructions (Agreement) between the City of Murrieta (City) and Scott-Murrieta Service Station, LP, a California limited partnership, Bonsall Service Station, LP, a California limited partnership and Murrieta Marketplace Holdings, LP, a California limited partnership (jointly and severally the Private Owner) and appropriation of $1,000,000 as memorialized in Resolution No. 24-4794, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the Exchange of a Portion of the City-Owned Real Property (APN 963-060-086) Plus Payment of $1,000,000 for the Real Property Located at APN 963-060-065 for the Purpose of Acquiring it for Development as a New Fire Station to Serve the Community; and Amend the Fiscal Year 2024/25 Operating and Capital Improvement Plan (CIP) Budgets as specified in the fiscal impact statement.

PRIOR ACTION/VOTE
On September 3, 2024, the City Council enacted Resolution 24-4782 pursuant to Section 400 of the Surplus Land Act Guidelines, finding that the City property that is proposed to be transferred for land to build a new fire station is "exempt surplus land" under Government Code Section 54221(f)(1)(C) (Vote 5-0).

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
The City has identified a critical need to establish a new fire station to enhance emergency response time and capabilities to ensure safety and well-being for the community. This Exchange Agreement and Joint Escrow Instructions between the City and Scott-Murrieta Service Station, LP, a California limited partnership, as to a CITY OF MURRIETA Printed on 11/14/2024Page 1 of 3
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11/19/2024
Agenda Item No. 21.

Instructions between the City and Scott-Murrieta Service Station, LP, a California limited partnership, as to a 40% interest, Bonsall Service Station, LP, a California limited partnership, as to a 40% interest and Murrieta Marketplace Holdings, LP, a California limited partnership as to a 20% interest (jointly and severally the "Private Owner") seeks to exchange two properties to provide the City with a location for the development of a new fire station.

The City owns unimproved real property located at the southwest corner of Clinton Keith Road and Porth Road in the City of Murrieta, Riverside County, State of California (a portion of APN 963-060-079) (City Property). The City Property is part of the property shown below. The City Property is valued at $500,000.

The Private Owner owns real property located at the southeast quadrant of Clinton Keith Road and Los Alamos Road improved only as a parking lot with lights in the City of Murrieta (APN 963-060-065) ("Private Owner Property"). The Private Owner Property is shown in green outline in the image below. The Private Owner's Property is valued at $1,500,000.

The parties agree to exchange the respective properties pursuant to the Exchange Agreement, which also includes the payment of $1,000,000 to the Private Owner, which is the difference between the values of the CITY OF MURRIETA Printed on 11/14/2024Page 2 of 3
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11/19/2024
Agenda Item No. 21.
includes the payment of $1,000,000 to the Private Owner, which is the difference between the values of the respective properties.

Pursuant to the Surplus Property Land Act (Government Code Sections 54220 et seq (SLA), the California Department of Housing & Community Development (HCD) issued a letter dated October 16, 2024, confirming that the proposed exchange qualifies as exempt from the SLA pursuant to exemption in Government Code Sections 54221(f)(1)(C).

Recommended Actions
Staff recommends that the City Council:

1. Approve and authorize the City Manager to execute the Exchange Agreement and Joint Escrow Instructions;

2. Appropriate the sum of $1,000,000 for the payment to the Private Owner pursuant to the Exchange Agreement; and

3. Amend the Fiscal Year 2024/25 Operating and Capital Improvement Plan (CIP) Budgets as specified in the fiscal impact statement

FISCAL IMPACT
The total fiscal impact is $1,000,000, which will be paid to the private owner as compensation for the difference in the valuations of the properties being exchanged. Staff recommends the following amendments to the FY 2024/25 Operating and Capital Improvement Plan (CIP) Budgets:
· Defund CIP Project 8425, a project supporting an expired Development Agreement, by $900,000 and return the appropriation to General Fund Capital (112) Unassigned Fund Balance; · Appropriate $900,000 from the General Fund Capital (112) Unassigned Fund Balance to CIP Project 21033 (Fire Station 6); and
· Appropriate $100,000 from the Measure T Fund (111) Unassigned Fund Balance to CIP Project 21033 (Fire Station 6).

ATTACHMENTS

1. Resolution No. 24-4794 (Exchange Agreement and Joint Escrow Instruction attached as Exhibit B) CITY OF MURRIETA Printed on 11/14/2024Page 3 of 3
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RESOLUTION NO. 24-4794

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, APPROVING THE EXCHANGE OF A PORTION OF
CITY-OWNED REAL PROPERTY (APN 963-060-086) FOR THE REAL PROPERTY LOCATED AT APN 963-060-065 PLUS PAYMENT OF
$1,000,000 FOR THE PURPOSE OF DEVELOPING A NEW FIRE

STATION TO SERVE THE COMMUNITY

WHEREAS, t he City of Murrieta (“ City”) has identified a critical need to establish a new fire station to enhance emergency response capabilities and ensure the safety and well -being of our community; and

WHEREAS, the proposed site for the new fire station (“New Fire Station”) is located at the southeast quadrant of Clinton Keith Road and Los Alamos Road identified as APN 963-060- 065 as depicted on Exhibit A (“New Fire Station Parcel”); and

WHEREAS, t he Fire Station Parcel is currently owned by Scott-Murrieta Service Station, LP, a California limited partnership, Bonsall Service Station, LP, a California limited partnership and Murrieta Marketplace Holdings, LP, a California limited partnership (collectively the “Private Owner”) and has a fair market value of $ 1,500,000 as determined by an appraisal; and

WHEREAS, t he City owns that certain unimproved real property located at the Southwest corner of Clinton Keith Road and Porth Road identified as APN 963-060-079 ("City Parcel"); and

WHEREAS, a portion of the City Parcel as depicted on Exhibit A (“City Exchange Parcel”) is an undeveloped property and has a fair market value of $ 500,000 as determined by an appraisal; and

WHEREAS, t o facilitate the establishment of the New Fire Station, Staff recommends the City exchange the City Exchange Parcel for the New Fire Station Parcel in accordance with the Exchange Agreement and Joint Escrow Instructions attached hereto as Exhibit B (“Exchange Agreement”) which will require City to also pay the sum of $1,000,000 to the Private Owner which is the difference in the fair market values of the respective properties; and

WHEREAS, pursuant to the Surplus Property Land Act (Government Code Sections 54220 et seq (“ SLA”), the California Department of Housing & Community Development (“HCD”) issued a letter dated October 16, 2024 confirming that the proposed exchange qualifies as exempt from the SLA pursuant to exemption inf Government Code Sections 54221(f)(1)(C).

NOW, THEREFORE , THE CITY COUNCIL FOR THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

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Section 1. The Recitals set forth above are incorporated herein as if set forth in full.

Section 2. The Fire Station Parcel is an appropriate and authorized location to develop the New Fire Station.

Section 3. The City Exchange Parcel is surplus land not needed for any City use.

Section 4. The City Exchange Parcel is approved for transfer to the Private Owner in exchange for the concurrent transfer of the Fire Station Parcel to the City plus the payment of $1,000,000 to the Private Owner pursuant to the Exchange Agreement.

Section 5. The City Manager or designee is hereby authorized and directed to proceed to conduct due diligence on the New Fire Station Parcel and to execute all documents on behalf of the City , including execution of the Exchange Agreement and all related escrow , closing, and similar documents necessary to finalize the exchange pursuant to the Exchange Agreement.

PASSED, APPROVED, AND ADOPTED this 19
th day of November, 2024.

______________________________
Lori Stone, Mayor

ATTEST:

_____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24- 4794 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___ day of _____, 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, City Clerk

Attachments

Exhibit A – Depiction of Exchange Properties

Exhibit B – Exchange Agreement

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01375.0021/993272.8 A-1

EXHIBIT A

DEPICTION OF EXCHANGE PARCELS

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01375.0021/993272.8 B-2

EXHIBIT B

EXCHANGE AGREEMENT
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01375.0025/1009035.3 1

EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS

T HIS EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS is made this ___ day of ______________, 2024, by and between CITY OF MURRIETA , a California municipal corporation (“ City”), and SCOTT-MURRIETA SERVICE STATION, LP, a California limited partnership, as to a 40% interest, BONSALL SERVICE STATION, LP, a California limited partnership as to a 40% interest and MURRIETA MARKETPLACE HOLDINGS, LP, a California limited partnership as to a 20% interest (jointly and severally the “Private Owner”).

RECITALS

A. City owns unimproved real property located at southwest corner of Clinton Keith Road and Porth Road in the City of Murrieta , Riverside County, State of California (a portion of APN 963-060-079), which property is legally described and depicted on Exhibit A, (“City Property”).

B. The Private Owner owns real property located at the southeast quadrant of Clinton Keith Road and Los Alamos Road improved only as a parking lot with lights in the City of Murrieta, County of Riverside (APN 963-060-065) and legally describe d and depicted on Exhibit B (“Private Owner Property”).

C. The City Property and the Private Owner Property are sometimes hereinafter jointly referred to as the “Properties.”

D. Upon the covenants, terms, conditions and provisions set forth in this Agreement, the parties desire to transfer (i) the City Property to the Private Owner , and (ii) the Private Owner Property to the City.

AGREEMENTS

NOW, THEREFORE, in consideration of the promises, covenants, representations and warranties hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and the Private Owner agree as follows:

1. DEFINITIONS. All capitalized terms which are not otherwise defined herein shall have the meanings set forth in Addendum 1.

2. EXCHANGE OF PROPERTIES. The parties agree to exchange the City Property and the Private Owner Property in AS-IS condition and upon the terms and conditions in this Agreement. For purposes of this Agreement, the Party that is acquiring a Property is hereinafter referred to as the “ Acquiring Party,” the transferring Party is referred to as the “Transferring Party” and the respective Property being acquired by the Acquiring Party is referred to as the “ Acquisition Property ” and the respective Property being 790
01375.0025/1009035.3 2
conveyed is referred to as the “Transfer Property.” The parties hereby agree that it is a condition to the Closing that each party performs with respect to its respective conveyance of its Transfer Property and acquisition of the respective Acquisition Property, and that one party ’s breach with respect to a conveyance of its Transfer Property or the acquisition of the Acquisition Property shall be deemed the failure of a condition precedent to Closing for the benefit of the other party hereto and this Agreement shall terminate at the election of the other party.

3. VALUATION OF PROPERTIES; ADDITIONAL CONSIDERATION.

3.1. Exchange Values of Properties. The parties agree that the value of the Properties are as follows:
(i) City Property Valuation. The City Property has a value of Five Hundred Thousand Dollars ($500,000).
(ii) Private Owner Property Valuation. The Private Owner Property has a value of One Million Five Hundred Thousand Dollars ($1,500,000).

3.2. Valuation Difference. At Closing, City owes to the Private Owner the sum of One Million Dollars ($ 1,000,000) which is the difference in the values of the Properties (“Valuation Difference”) to Private Owner.

4. DEPOSIT.

4.1 Deposit. City shall deliver the sum of Fifty Thousand Dollars ($50,000) (“Deposit”) to the Escrow Agent within three (3) Business Days of the Effective Date.

4.2 Payment at Closing . City shall deposit in Good Funds the Valuation Difference less the Deposit with Escrow Agent on or before the Closing Date.

4.3 Escrow Agent. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Agent with any bank doing business in California and may be disbursed to any other general escrow account or accounts.

5. INSPECTION REVIEW PERIOD. During the Inspection Review Period, Acquiring Party shall have the right to inspect the Acquisition Property and to conduct the Inspection Review as more fully set forth below.

5.1 Inspection Review . Commencing upon Opening of Escrow, Transferring Party grants Acquiring Party, its agents and employees, a limited license to enter upon the Acquisition Property for the purpose of conducting engineering surveys, soil tests, investigations or other studies reasonably necessary to evaluate the condition 791
01375.0025/1009035.3 3
of the Acquisition Property, which studies, surveys, reports, investigations and tests shall be done at Acquiring Party’s sole cost and expense.

Prior to entry onto the Acquisition Property, Acquiring Party shall (i) notify Transferring Party the date and purpose of each intended entry together with the names and affiliations of the persons entering the Acquisition Property ; (ii) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Acquisition Property during or after such investigation; (iii) comply with all applicable laws and governmental regulations; (iv) allow an employee of Transferring Party to be present at Transferring Party’s election; (v) keep the Acquisition Property free and clear of all materialmen’s liens, lis pendens and other liens arising out of the entry and work performed under this provision; (vi) maintain or assure maintenance of workers’ compensation insurance (or state approved self -insurance) on all persons entering the Acquisition Property in the amounts required by the State of California; (vii) provide to Transferring Party prior to initial entry a certificate of insurance evidencing that Acquiring Party has procured and paid premiums for an all -risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance names Transferring Party as additional insured; (vii) return the Acquisition Property to substantially its original condition following Acquiring Party ’s entry; (viii) provide Transferring Party copies of all third party studies, surveys, reports, investigations and other tests derived in conjunction with this Agreement with the right to use same (“Reports”); and (ix) to take the Acquisition Property at closing subject to any title exceptions caused by Acquiring Party exercising this right to enter.

Acquiring Party agrees to indemnify, and hold Transferring Party free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) which Transferring Party may suffer or incur as a consequence of Acquiring Party ’s exercise of the license granted pursuant to this Section 5.1 or any act or omission by Acquiring Party, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Acquiring Party (except Transferring Party and its agents) with respect to the Acquisition Property, excepting any and all losses, damages (whether general, punitive or otherwise), liabili ties, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) arising from the mere discovery by Acquiring Party of any hazardous materials or conditions, and excepting any claims that arise out of the negligence or misconduct of Transferring Party . Acquiring Party ’s obligations under this Section shall survive termination of this Agreement for any reason.

The parties agree that breach of any entry or restoration conditions in this Section by a party shall constitute a material breach of this Agreement by that party.

5.2 Inspection Materials.

a. City to Deliver . City, at City ’s expense, on or before the City ’s 792
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Delivery Date, shall deliver or cause to be delivered to the Private Owner the Inspection Materials (listed on Exhibit C-1). To City’s actual knowledge, none of the information contained in any of the Inspection Materials is false, untrue, or misleading. Further, City agrees to immediately update the Inspection Materials from the Effective Date until Closing upon City’s obtaining of any new or additional information or documentation constituting any of the foregoing.

b. Private Owner to Deliver. The Private Owner , at the Private Owner’s expense, on or before the Private Owner’s Delivery Date, shall deliver or cause to be delivered to the C ity the Inspection Materials (listed on Exhibit C-2). To Private Owner’s actual knowledge, none of the information contained in any of the Inspection Materials is false, untrue, or misleading. Further, the Private Owner agrees to immediately update the Inspection Materials from the Effective Date until Closing upon the Private Owner’s obtaining of any new or additional information or documentation constituting any of the foregoing.

5.3 Natural Hazard Disclosure Report. Within three (3) Business days of the Opening of Escrow, Escrow Agent shall cause a commercial natural hazard disclosure report with environmental information to be issued by Disclosure Source (“NHD Report”) for each Property to be delivered to the Acquiring Party to review and approved during the Inspection Review Period.

5.4 Notice of Acceptance of Property Condition and Termination Right. At any time prior to the expiration of the Inspection Review Period, Acquiring Party shall have the right to approve the condition of the Acquisition Property in its sole and absolute discretion by delivering to the Transfer Party a Notice of Acceptance of Property Condition. If Acquiring Party has not delivered to Transferring Party, a Notice of Acceptance of Property Condition, in the time and manner provided for the giving of notice as set forth in this Agreement, prior to the expiration of the Inspection Review Period, then (a) this Agreement shall be deemed terminated, except for any agreements or covenants that survive termination, and (b) the Deposit less any cancellation charges shall be returned to party which delivered to Escrow the Deposit pursuant to Section 4.1.

5.5 Transferring Party’s Cooperation. The Transferring Party shall reasonably cooperate (at no cost, expense, or liability to the Transferring Party ) with Acquiring Party and Acquiring Party’s consultants, agents, employees, and contractors in connection with Acquiring Party’s Inspection Review, including without limitation, in any requests to obtain information about the Transfer Property then in the possession of the Transferring Party or its consultants, agents, employees, and contractors. In addition, the Transferring Party shall aid Acquiring Party in obtaining any reliance letters from Transferring Party’s consultants, agents, and representatives and the Deposit less any cancellation charges shall be returned to City.

5.6 Certificate of Compliance. With respect to the transfer of the City Property to the Private Owner, City shall provide a certificate of compliance for the Private 793
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Owner Property to be recorded at the Closing after recordation of the City Property Deed (“Certificate of Compliance”).

6. TITLE REVIEW.

6.1. Title Review. The Title Company shall deliver a current Title Report within five (5) Business Days of the Opening of Escrow to the Acquiring Party for the Acquisition Property. Acquiring Party shall have until the expiration of the Title Objection Period to review the Title Report and provide Title Objections thereto. If Acquiring Party fails to provide any response either (i) accepting all items described or shown on the Title Report, or (ii) indicating its Title Objections within the Title Objection Period, then the condition of title to the Property reflected on the Title Report will be deemed disapproved.

If the Title Objections are made within the Title Objection Period, City shall determine, in its sole discretion as to each Title Objection, whether or not the Transferring Party is willing or able to eliminate or obtain affirmative coverage over each of the Title Objections.

Within ten (10) days after receipt of Acquiring Party’s Title Objections, Transferring Party shall notify Acquiring Party in writing as to those Title Objections that Transferring Party will cause to be cured, eliminated or insured over at the Closing. Notwithstanding the foregoing, Transferring Party shall be obligated to eliminate any d eeds of trust, mortgages, judgment liens, mechanics’ liens, materialmen’s liens and other liens (collectively, “ consensual liens”) recorded against the Property. If: (A) Transferring Party’s written notice indicates that Transferring Party is unable or unwilling to eliminate or provide affirmative coverage over any Title Objections (other than consensual liens), upon terms acceptable to Acquiring Party in Acquiring Party’s sole discretion, or (B) Transferring Party fails to respond to the Title Objections within the period of time provided above, then Acquiring Party may (i) waive the Title Objections that Transferring Party was unwilling or unable to cure by delivering a Notice of Acceptance of Property Condition, or (ii) Acquiring Party may terminate this Agreement by either delivering a termination notice or failing to deliver a Notice of Acceptance of Property Condition, whereupon the Deposit (less cancellation charges) shall be returned to Acquiring Party, and except as otherwise provided herein, neither Acquiring Party nor Transferring Party shall have any further right, liability, duty or obligation under this Agreement, except for agreements or covenants that specifically survive termination.

6.2. Amendments to Title Report . If at any time during the effective period of this Agreement the Title Report is amended, modified or changed, Acquiring Party shall have until the later of (a) the Title Objection Period, or (b) the earlier of (i) ten (10) Business Days after receipt of such amended Title Report and all documentation referred to therein, or (ii) the Closing Date, in which to review such amendment, modification or change and provide any Title Objections related thereto to Transferring Party. Not more than (5) days after Transferring Party’s receipt of any such Title Objections, Transferring Party shall notify Acquiring Party in writing as to those Title Objections that Transferring Party will cause to be cured, eliminated or insured over at the Closing. If Transferring Party’s written notice indicates that Transferring Party is unable or unwilling to eliminate or provide affirmative coverage over any such Title Objections to the amended Title Report, upon terms acceptable to Acquiring Party in 794
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Acquiring Party’s sole discretion, then Acquiring Party within ten (10) Business Days, and notwithstanding Acquiring Party’s delivery of any prior Notice of Acceptance of Property Condition, may (1) waive the Title Objections that Transferring Party was unwilling or unable to cure and consummate the Exchange Agreement subject to the other terms and conditions in this Agreement, or (2) Acquiring Party may terminate this Agreement by either giving a termination notice or failing to deliver a Notice of Accepta nce of Property Condition, whereupon the Deposit less cancellation charges shall be returned to Acquiring Party, and except as otherwise provided herein, neither Acquiring Party nor Transferring Party shall have any further right, liability, duty or obligation under this Agreement, except for agreements or covenants that specifically survive termination.

6.3. Title Polic ies. At Closing, the Title Company shall issue to the Acquiring Party the Title Policy for the Acquisition Property in the amount of the valuation of the Acquisition Property (as set forth in Section 3.1 subject only to the Permitted Exceptions, to be paid pursuant to Section 7.4. 2 (“Title Policy”). Acquiring Party may obtain such endorsements as Acquiring Party may reasonably require or desire (to be paid for by the party referenced in Section 7.4.2, except to the extent Transferring Party has agreed to pay for any such endorsements with respect to Transferring Party’s curing of any Title Objection). If Acquiring Party desires to obtain an ALTA extended coverage Acquiring Party’s title policy, Acquiring Party shall pay the additional cost for the extended coverage and shall provide a Survey at its sole cost to the Title company. The Title Policy to be delivered to each Acquiring Party are jointly referred to as the “Title Policies.”

7. CLOSING DELIVERIES; ESCROW INSTRUCTIONS; CLOSING COSTS.

7.1. City’s Closing Deliveries. At least two (2) Business Days prior to the Closing, City shall deliver, or cause to be delivered, to Escrow Agent and the Private Owner, as applicable:

7.1.1. The City Property Deed fully executed and properly acknowledged by City;

7.1.2. A Certificate of Acceptance executed by the City to be attached to the Private Owner Property Deed prior to recordation;

7.1.3. A settlement statement signed by City , which is reasonably acceptable to City and accurately reflects the payments, credits, and prorations required herein;

7.1.4. Any documents including an owner’s certificate as reasonably required by the Title Company as reasonably required;

7.1.5. The Certificate of Compliance for the City Property;

7.1.6. Such other funds, instruments and documents as may be reasonably requested by The Private Owner or Escrow Agent, or reasonably 795
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necessary to effect or carry out the purposes of this Agreement (which funds, instruments and documents shall be subject to City ’s prior approval thereof, which approval shall not be unreasonably withheld, delayed or conditioned).

7.2. Private Owner’s Closing Deliveries. At least two (2) Business Days prior to the Closing, the Private Owner shall deliver to Escrow Agent:

7.2.1 All funds required to be paid by t he Private Owner including, but not limited to, the Valuation Difference less the Deposit and all expenses to be paid by the Private Owner;

7.2.2 The Private Owner Property Deed fully executed and acknowledged by the Private Owner;

7.2.3 A settlement statement signed by t he Private Owner , which is reasonably acceptable to t he Private Owner and accurately reflects the payments, credits and prorations required herein; and

7.2.4 Such other funds, instruments and documents as may be reasonably requested by City or Escrow Agent, or reasonably necessary to effect or carry out the purposes of this Agreement (which funds, instruments and documents shall be subject to the Private Owner’s prior approval thereof, which approval shall not be unreasonably withheld, delayed or conditioned).

7.3. Escrow Provisions.

7.3.1 Escrow Instructions. Sections 1 through 4, 6, 7, 8, 11 , and 14 through 33 constitute the escrow instructions to Escrow Agent . If required by Escrow Agent , the Private Owner and City agree to execute Escrow Agent's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Agent , but about which Escrow Agent need not be concerned. The Private Owner and City will receive Escrow Agent ’s general provisions directly from Escrow Ag ent and will execute such provision upon Escrow Agent’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Agent only. The Private Owner and City agree to execute additional instructions, documents and forms provide by Escrow Agent that are reasonably necessary to close Escrow.

7.3.2 General Escrow Provisions. Escrow Agent shall deliver the Title Policy for the Acquisition Property to the Acquiring Party and instruct the Riverside County Recorder to mail (i) the City Property Deed and the Certificate of Compliance to the 796
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Private Owner; and (ii) the Private Owner Property Deed to the City , at the applicable address for said party as set forth in Section 15 after recordation.

7.3.3 Termination and Cancellation of Escrow . If Escrow fails to close as provided in this Agreement, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Agent. Upon cancellation, Escrow Agent is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Agent. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights t he Private Owner or City may have against each other arising from the Escrow or this Agreement.

7.3.4 Information Report. Escrow Agent shall file and t he Private Owner and City agree to cooperate with Escrow Agent and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. The Private Owner and City also agree that the Private Owner and City, their respective employees and attorneys, and Escrow Agent and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither the Private Owner nor City shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

7.3.5 No Withholding as Foreign City. The Transferring Party represents and warrants to the Acquiring Party that the Transferring Party is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 and that it will deliver to Acquiring Party on or before the Close of Escrow a non- foreign affidavit on Escrow Agent's standard form pursuant to Internal Revenue Code Section 1445(b)(2) (“FIRPTA Affidavit”).

7.3.6 Prorations and Closing Costs.

7.3.6.1 Attorney’s Fees. Except as expressly set forth in this Agreement, each party must bear its own costs (including attorneys’ fees) in connection with its negotiation, due diligence investigation and conduct of this transaction.

7.3.6.2 T itle Costs. At Closing, the Transferring Party shall pay the premium for a standard ALTA non- extended (standard) owner’s title policy (“Standard Coverage”) insuring the Transfer Property in the amount of the valuation of the respective Property as set forth in Section 3.1. The 797
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Acquiring Party will be responsible for the cost of any extended coverage in an amount equal to the difference between the extended coverage and the S tandard Coverage, and any endorsements, to the extent the Transferring Party does not agree to purchase such endorsements in order to cure any title defects.

7.3.6.3 Recording Fees. Recording fees for the City Property Deed to the Private Owner (and the Certificate of Compliance) shall be paid by the Private Owner. Recording fees for the Private Owner Property to the City shall be the responsibility of City which, as a governmental entity, is exempt from recording fees.

7.3.6.4 Escrow Fees. Escrow fees shall be split equally between the parties.

7.3.6.5 Real Estate Taxes. As City is exempt from real estate taxes , no proration of such taxes shall be made for the City Property. Real estate taxes for the Private Owner Property shall be prorated to the Closing.

7.3.6.6 NHD Reports. The Transferring Party shall be responsible for the cost of the NHD Report for the Transfer Property.

7.3.6.7 Utility Charges. All municipal charges or utilities shall be prorated to the parties as of the Closing Date for Private Owner Property . The Private Owner shall provide a summary of any utility charges to the City with a copy to Escrow at least five (5) days prior to the Closing Date.

7.3.6.8 Documentary Transfer Taxes. City shall pay documentary transfer taxes for the transfer of the City Property to the Private owner . The transfer of the Private Owner Property to City is exempt under R&T Code 11922.

7.3.6.9 Other Charges. All other closing costs shall be allocated between parties in the manner customary for commercial real estate transactions in the metropolitan area or city in which the Properties are located.

7.4. Possession. The Acquiring Party shall be entitled to possession of the Acquisition Property on the Closing Date free of any third party’s claims of possession.

7.5. Authority of City Manager. City designates its City Manager or his designee, in his sole and exclusive discretion on behalf of the City, shall have the authority to approve written requests for extending any deadline under this Agreement. All extensions shall be in writing and executed by the City Manager or his designee.

8. CONDITIONS PRECEDENT AND CONTINGENCIES TO THE CLOSING.

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8.1 Conditions Precedent to Private Owner ’s Obligations. The Private Owner’s obligation to close, fund, and consummate the exchange transaction is specifically conditioned and contingent on the fulfillment, satisfaction, and/or completion of all of the following:

a. City’s delivery of each of the items described in Section 7.2 above.

b. The Title Company commits to issue the Title Polic ies pursuant to Section 6.

c. City’s delivery of the City Property Deed for recordation at the Closing.

d. City’s delivery of a Certificate of Compliance for the City Property which shall be recorded at the Closing.

e. City’s satisfaction of all other obligations of City described in this Agreement.

f. The parties agreeing on other agreements that will be assigned and/or terminated at Closing and then negotiating the terms of any assignment or termination agreement necessary to effectuate such.

g. City is not in breach of its obligations under this Agreement.

The conditions set forth in this Section 8.1 are for the benefit of t he Private Owner, and the Private Owner may waive any or all of the conditions and proceed to Closing

8.2 Conditions Precedent to City ’s Obligations. City ’s obligation to close and consummate the exchange transaction is specifically conditioned and contingent on the fulfillment, satisfaction, and/or completion of all of the following:

a. The Private Owner’s delivery of the Valuation Difference (less the Deposit) as provided in Section 3 of this Agreement.

b. The Private Owner’s delivery of all documents required in Section 7.1 including the Private Owner Property Deed recordation at Closing.

c. The Title Company commits to issue the Title Policies pursuant to Section 6.

d. The Private Owner’s satisfaction of all other obligations of the Private Owner described in this Agreement.

e. The Private Owner is not in default under this Agreement.

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The conditions set forth in this Section 8.2 are for the benefit of City, and City may waive any or all of the conditions and proceed to Closing.

9. REPRESENTATIONS, WARRANTIES AND COVENANTS.

9.1. Representations and Warranties. Each Transferring Party, to the best of knowledge of the Transferring Party , as of the Effective Date and as of the Closing, represents and warrants to the Acquiring Party each of the following.

a. Authority and/or Capacity. Transferring Party is duly formed, validly existing and authorized to do business under the laws of the State of California.

b. Binding Agreement . Upon Transferring Party’s execution of this Agreement, this Agreement shall be binding and enforceable against Transferring Party in accordance with its terms, and upon Transferring Party’s execution of the additional documents contemplated by this Agreement, such additional documents shall be binding and enforceable against Transferring Party in accordance with their terms.

c. Good and Marketable Title. Transferring Party has good, marketable, and insurable sole, fee simple, record title to the Transfer Property.

d. Encumbrances. The Transfer Property is not currently encumbered by any mortgages or leases and no third party is in possession or has the right to possession of same.

e. No Condemnation. Transferring Party has not received any written notice of condemnation or eminent domain proceedings with respect to the Transfer Property, and no condemnation or eminent domain proceedings or negotiations have been commenced or threatened in connection wi th the Transfer Property.

f. No Litigation or Investigation. There are no actions, suits, proceedings or investigations, at law or in equity, or before any governmental agency, courts, tribunals, panels, or similar adjunctive bodies pending or threatened, affecting or involving the Transfer Property or any portion thereof.

g. Hazardous Materials.

i. Except as expressly set forth in any of the Inspection Materials or otherwise disclosed in the NHD Report, to Transferring Party’s knowledge, (i) there are no Hazardous Materials in, on, over, under or around the Transfer Property, (ii) there are no wells, underground storage tanks, covered surface impoundments or other potential sources of Hazards Materials on the Transfer Property, (iii) there has 800
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been no storage, use, manufacture, generation, distribution, refinement, production, transportation, disposal, treatment or release of any Hazardous Materials in, on, over, under or around the Transfer Property, and (iv) and all previous owners of the Transfer Property, have complied with all Environmental Laws with respect to the Transfer Property.

ii. From the Effective Date through the Close of Escrow, the Transferring Party shall not cause or permit the presence, storage, use, manufacture, generation, distribution, refinement, production, transportation, disposal, treatment or release of any Hazardous Materials in, on, over, under or around the Transfer Property.

iii. Except as expressly set forth in any of the Inspection Materials, to Transferring Party’s knowledge without any investigation, there are no Hazardous Materials on, under, or in any neighboring or adjacent properties which, through soil or groundwater migration, or through any other transfer, seepage, or leakage, could have moved to (or could be currently moving to) the Transfer Property.

h. Inspection Materials. Transferring Party has delivered or will deliver within the time period described in Section 5.2, to the Acquiring Party copies of all Inspection Materials of any kind in Transferring Party’s (or its agents’) possession. Except as disclosed in the Inspection Materials, Transferring Party has not entered into, and has no knowledge of, any other contrac ts, leases, or other agreements of any kind (whether written or oral) with respect to the Transfer Property or any portion(s) thereof. In addition, as of the Closing, Transferring Party has delivered to the Acquiring Party any and all updated information and documentation of any kind related to the Inspection Materials (i) that have been received by Transferring Party during the effective period of this Agreement, or (ii) of which Transferring Party has received notice during the effective period of this Agreement.

i. No Defaults . Transferring Party is not in default under any contracts or agreements of any kind related to the Transfer Property which contracts or agreements will survive the Closing.

j. Utilities. There are no utilities supplied to the City Property. Only electricity and water are supplied to the Private Owner Property.

k. Current Compliance. To the Transferring Party’s knowledge, the Transfer Property is currently in compliance with all applicable federal, state, and local laws, codes, statutes, ordinances, rules, and regulations.

l. Floodplain/Endangered Species. Transferring Party has no knowledge of any endangered species, wetland, protective plant life, geophysical feature 801
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or attribute or other physical attribute of the Transfer Property that may prohibit or limit the development thereof. The Transfer Property is not within the 100-year flood plain.

All representations and warranties by Transferring Party set forth in this Agreement shall survive for a period of one (1) year following the Closing.

9.2. Covenants. Commencing on the Effective Date, Transferring Party shall:

a. Not enter into any contracts, leases, or agreements related in any way to the Transfer Property which would survive the Closing;

b. Not cause, permit, or allow any encumbrance or lien to be placed on the Transfer Property, or any document or agreement to be recorded against the Transfer Property which would survive the Closing; and

c. M aintain the Transfer Property in the state as of the Effective Date.

10. RISK OF LOSS. The risk of loss with respect to the Transfer Property will be upon Transferring Party until the Close of Escrow.

11. BROKERS. Each party represents and warrants to the other party that they have not dealt with any other broker or finder in connection with this Agreement or the Exchange Transaction. Each party indemnifies the other against, and agree to hold the other harmless from, any claim, demand or suit for any brokerage or real estate commission, finder’s fee or similar fee or charge with respect to this Agreement or the Exchange Transaction based on any act by or agreement or contract with the indemnifying party asserted by anyone, and for all losses, obligations, costs, expenses and fees (including reasonable attorneys’ fees) incurred by the other party on account of or arising from any such claim, demand or suit.

12. REMEDIES. In the event of a Default by a party , the non-defaulting party shall give defaulting party written notice of such default and thereafter defaulting party shall have ten (10) Business Days to cure such default (or such longer period if such is reasonably necessary in order to cure the default, not to exceed thirty (30) days, and then only if non-defaulting party commences such cure within the initial ten (10) Business Day period and thereafter diligently pursues the cure to completion). In the event that the non- defaulting party fails to cure a Default within the cure period, the non-defaulting party may, as its remedies for such Default: (i) waive the effect of such D efault and proceed to consummate this Agreement; (ii) cancel this Agreement in accordance with Section 13 below; (iii) bring an action for specific performance of this Agreement; and/or (iv) seek and obtain any other remedy at law or in equity. The non-defaulting party’s rights and remedies set forth in this Section 12 shall be cumulative and the pursuit or obtaining of any one remedy does not preclude the pursuit or obtaining of any other remedy.

13. TERMINATION. If the Private Owner or City elects to terminate this Agreement 802
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pursuant to a right granted herein, the terminating party shall give written notice of the termination to the other party and Escrow Agent. Upon termination by notice as set forth in the preceding sentence, or upon an automatic termination in accordance with the terms of the Agreement, Escrow Agent shall disburse the Deposit less cancellation charges and return all documents deposited in the Escrow to the party who supplied the documents.

Upon delivery of money and documents, this Agreement and the Escrow will be deemed terminated, and except as expressly provided in this Agreement, neither party will have any further liability or obligation under this Agreement. Upon termination of the Agreement because of a default by a party, the provisions of Section 12 shall apply and the defaulting party shall be liable for and shall pay any escrow termination fees or costs.

14. ATTORNEYS’ FEES. If there is any litigation between the parties to enforce or interpret any provisions or rights under this Agreement, the unsuccessful party in such litigation, as determined by the court, shall pay to the successful party, as determined by the court, all costs and expenses, including but not limited to reasonable attorneys’ fees, incurred by the successful party , such fees to be determined by the court sitting without a jury.

15. NOTICES. Except as otherwise required by law, any notice, demand or request given in connection with this Agreement shall be in writing and shall be given by (i) personal delivery, (ii) overnight courier service, or (iii) certified US mail, return receipt requested, postage or other delivery charge prepaid. In all events, notice shall only be deemed given if properly addressed to City or the Private Owner, as applicable. Such notices will be deemed properly addressed if the following addresses (or at such other address as City or the Private Owner or the person receiving copies may designate in writing given in accordance with this Section) are used:

City: City of Murrieta
1 Town Square
Murrieta, CA 92562
Attn: Scott Agajanian
Director of Economic Development

With a copy to: Aleshire & Wynder, LLP
1 Park Plaza Suite 1000
Irvine, CA 92614
Attn: Tiffany Israel, City Attorney

Private Owner: Scott-Murrieta Service Station, LP
Bonsall Service Station, LP
Murrieta Marketplace Holdings LP
c/o J & T Management
139 Radio Road
Corona, CA 92879
Attn: Jack Kofdarali

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With a copy to: ________________
________________
________________

Escrow Agent: Fidelity National Title Insurance Company 3237 E. Guasti Rd., Ste. 105
Ontario, CA 91761
Mary Lou Adame, Escrow Officer

Notice shall be deemed to have been given on the date on which notice is delivered, if notice is given by personal delivery; on the date of delivery to the overnight courier service, if such a service is used; and on the date of deposit in the mail, if mailed.

Notice shall be deemed to have been received on the date on which the notice is either actually received or delivery is refused. Copies of all notices given to City or the Private Owner shall be given to Escrow Agent; provided, however, any omission on the part of either party to provide a copy of the applicable notice to Escrow Agent shall not affect the effectiveness of the notice if properly provided to the other parties as described above.

16. ADDITIONAL ACTS. The parties agree to promptly execute and deliver such other documents and perform such other acts as may be reasonably necessary to carry out the purposes and intent of this Agreement.

17. GOVERNING LAW; JURISDICTION. To the fullest extent possible, this Agreement shall be governed by, and construed and enforced in accordance with, the laws of California, without regard to any conflicts of law issues. Jurisdiction for any actions shall be in Riverside County.

18. BUSINESS DAYS. If this Agreement requires any act to be done or action to be taken on a date which is not a Business Day, such act or action shall be deemed to have been validly done or taken if done or taken on the next succeeding Business Day after such date.

19. WAIVER. The waiver by any party hereto of any right granted to it hereunder shall not be deemed to be a waiver of any other right granted hereunder, nor shall the same be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived.

20. SURVIVAL. Only where specifically so provided herein shall any of the covenants, agreements, representations, and warranties set forth in this Agreement survive the Closing. All indemnity provisions shall survive termination of this Agreement for any reason and shall survive the Closing. Any such matters that survive Closing pursuant to the terms of this Agreement shall be subject to any time limitations set forth herein and shall not merge into the deed conveying the Transfer Property, assignment or other instrument executed or delivered pursuant hereto.

21. COUNTERPARTS. This Agreement may be executed in multiple counterparts, 804
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each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document and agreement.

22. ASSIGNMENT. Neither party may assign, transfer or convey any of its rights and interests under this Agreement without the prior written consent of the other party.

Notwithstanding any consent to an assignment, the assigning party shall not be relieved of liability under this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

23. ENTIRE AGREEMENT ; AMENDMENT. This Agreement sets forth the entire understanding of the parties with respect to the matters set forth herein as of the date hereof, and supersedes all prior oral and written agreements, discussions and understandings of the parties hereto as to the matters set forth herein, and cannot be altered or amended except pursuant to an instrument in writing signed by both the Private Owner and City.

24. CONSTRUCTION. This Agreement is the result of negotiations between the parties, neither of whom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions hereof shall be construed in accordance with their usual and customary meanings. City and the Private Owner hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Agreement that provides in effect that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Agreement or any earlier draft of the same.

25. INTERPRETATION. If there is any specific and direct conflict between, or any ambiguity resulting from, the terms and provisions of this Agreement and the terms and provisions of any document, instrument or other agreement executed in connection herewith or in furtherance hereof, including any exhibits hereto, the same shall be consistently interpreted in such manner as to give effect to the general purposes and intentions as expressed in this Agreement, which shall be deemed to prevail and control.

26. HEADINGS. The headings in this Agreement are for reference only and shall not limit or define the meaning of any provision of this Agreement.

27. NO THIRD-PARTY BENEFICIARY. No term or provision of this Agreement or the Exhibits hereto is intended to be, nor shall any such term or provision be construed to be, for the benefit of any person, firm, partnership, company, corporation or other entity that not a party hereto (including, without limitation, any broker), and no such other person, firm, partnership, company, corporation or other entity shall have any right or cause of action hereunder.

28. SEVERABILITY. If any provision of this Agreement or any portion of any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not alter the remaining portion of such provision, or any other provision hereof, as each provision of this Agreement shall be deemed severable 805
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from all other provisions hereof so long as removing the severed portion does not materially alter the overall intent of this Agreement.

29. TIME OF ESSENCE. City and the Private Owner hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision hereof and that failure to timely perform any of the conditions, obligations, or provisions hereof by either party shall constitute a material breach of and a non-curable (but waivable by the non-defaulting party) default under this Agreement by the party so failing to perform.

30. ELECTRONIC EXECUTION. This Agreement may be electronically executed by the parties in accordance with UETA and ESIGN using either DocuSign or AdobeSign.

The parties understand that the documents to be recorded cannot be electronically executed.

31. AUTHORIZATION. Each individual executing this Amendment on behalf of Private Owner represents, warrants and covenants to City that (a) Private Owner is duly formed and authorized to do business in the state of its formation, (b) such person is duly authorized to execute and deliver this Amendment on behalf of Private Owner in accordance with authority granted under the organizational documents of Private Owner, and (c) Private Owner is bound under the terms of this Amendment.

32. REPRESENTATION. Each party has consulted their own attorney for advice on this Agreement and this transaction and is not relying on any advice from the other party.

33. EXHIBITS. The exhibits and addendum summarized below are attached hereto and incorporated herein by reference.

Addendum Definitions
Exhibit A Legal Description & Depiction of City Property Exhibit B Legal Description & Depiction of Private Owner Property
Exhibit C-1 Summary of Inspection Materials from City
Exhibit C-2 Summary of Inspection Materials from Private Owner Exhibit D City Property Grant Deed
Exhibit E Private Owner Property Grant Deed
Exhibit F-1 Notice of Acceptance of Property Condition by City Exhibit F-2 Notice of Acceptance of Property Condition by Private Owner

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, City and the Private Owner have executed this Agreement as of the Effective Date.

CITY:

CITY OF MURRIETA,
a California municipal corporation

By:

Kim Summers, City Manager

ATTEST:

_________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: _______________________
Tiffany Israel, City Attorney

READ AND ACCEPTED:

ESCROW HOLDER:

FIDELITY NATIONAL TITLE INSURANCE

COMPANY

By: ___________________________
MaryLou Adame, Escrow Officer
PRIVATE OWNER:

SCOTT-MURRIETA SERVICE
STATION, LP, a California limited
partnership

By: _______________________
Gregory Hann, General Partner

BONSALL SERVICE STATION, LP,
a California limited partnership

By: RKJK A NEVADA CO, LLC,
a Nevada limited liability company
General Partner

By: ___________________
Hagop Kofdarali
Managing Member

MURRIETA MARKETPLACE
HOLDINGS, LP, a California limited
partnership

By: RKJK A NEVADA CO, LLC,
a Nevada limited liability company
General Partner

By: ___________________
Hagop Kofdarali
Managing Member

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ADDENDUM 1

DEFINITIONS

1.1 Acquiring Party - The Party that is acquiring a Property.

1.2 Acquisition Property - The respective Property being acquired by the Acquiring Party from the Transferring Party.

1.3 Agreement – This Exchange Agreement, including all exhibits attached hereto.

1.4 Business Day – A day other than a Saturday, Sunday or day on which banking institutions in California are authorized or required by law to be closed.

1.5 Certificate of Compliance – A Certificate of Compliance under the Subdivision Map Act for the City Property.

1.6 City’s Delivery Date – Five (5) Business Days after the Opening of Escrow.

1.7 City Property - The City Property (as defined in Recital A), together with (i) any landscaping and other improvements related thereto; (ii) City’s right, title and interest as the property owner in any land lying in any street, road or avenue adjacent to the City Property, but excluding all easements and other rights held by City as a governmental agency; (iii) the water, oil, gas, sand, gravel, and mineral rights of any kind whatsoever related or appurtenant to such City Property, if any, which may be described in the Title Report; and (iv) the Inspection Materials.

1.8 City Property Deed – A grant deed for the City Property in form attached as Exhibit C conveying the title of the Property from City to The Private Owner which includes the Construction Covenant.

1.9 Closing or Close of Escrow - The consummation of the Exchange Transaction, as evidenced by: (i) satisfaction of all conditions to closing set forth herein; (ii) recording of the City Property Deed and the Private Owner Property Deed and the Certificate of Compliance, in that order; and (iii) the delivery to, and distribution by, Escrow Agent of all required funds and documents.

1.10 Closing Date – On or before the date that is thirty (30) days after the expiration of the Inspection Review Periods but, in no event, later than _____________, 20__.

1.11 Default – Any default by a party of its agreements, covenants, representations, warranties or obligations under this Agreement.

1.12 Deposit – The Deposit which is to be delivered by the City to Escrow Agent pursuant to Section 3.2.

1.13 Effective Date – The date of this Agreement is executed by City after approval by the City Council of the City of Murrieta at a public hearing.

1.14 Environmental Laws – Any and all federal, state, local, or municipal environmental law, act, edict, directive, decree, rule, statute, ordinance, or regulation, including without limitation, (i) the Comprehensive Environmental Response, 808
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Compensation and Liability Act, 42 U.S.C.A. Section 9601, et. seq., (ii) the Hazardous Materials Transportation Act, 49 U.S.C.A. Section 5101, et. seq., (iii) the Resource Conversation and Recovery Act, 42 U.S.C.A. Section 6901, et. seq., (iv) the Toxic Substances Control Act, 15 U.S.C.A. Section 2601, et. seq., (v) the Federal Water Pollution Control Act, 33 U.S.C.A. Section 1251, et. seq., and (vi) state or local environmental laws, and (vii) any regulations related to any of the foregoing.

1.15 Escrow – The escrow created with the Escrow Agent pursuant to this Agreement.

1.16 Escrow Agent – Fidelity National Title Insurance Company, 3237 E. Guasti Rd., Ste. 105, Ontario, CA 91761 909.978.3020 [email protected]

1.17 Exchange Transaction – The exchange transaction contemplated by this Agreement.

1.18 Good Funds - A wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California.

1.19 Hazardous Materials – Any (a) hazardous, harmful, or toxic waste, substance, material, or product (including, without limitation, any and all petroleum based products) as presently defined by or under any Environmental Laws, or (b) other substance, material, or product prohibited, limited, or regulated by or under any such Environmental Laws.

1.20 Inspection Materials – The materials, writings, documents, leases, contracts, agreements, correspondence, notices, memorandums, letters, surveys, title reports, title commitments, plans, plats, reports, studies, and other information described in Section 5.2 and specifically listed on Exhibits C-1 & C-2.

1.21 Inspection Review – The right of the Acquiring Party to conduct, review, and approve any investigations, inspections, tests, reports, analyses, studies, or other matters deemed necessary, prudent, or desirable by Acquiring Party (in the Acquiring Party’s sole discretion) to determine (i) the condition and/or fitness of the Acquisition Property, and (ii) the feasibility and/or desirability of acquiring the Acquisition Property.

1.22 Inspection Review Period – The period of time from the Effective Date through the date that is sixty (60) days after the Effective Date (or the next Business Day if such date lands on a weekend or holiday).

1.23 Local Authorities – Any and all governmental and other entities, agencies, and/or authorities with jurisdiction of any kind over all or any portion of the Properties. Any one of the Local Authorities may be referred to herein as a “Local Authority.”

1.24 Notice of Acceptance of Property Condition – A written notice delivered from the Acquiring Party to the Transferring Party set forth in Section 5.3 of this Agreement stating the Acquiring Party ’s intent to purchase the Acquisition Property in accordance with the terms and conditions of this Agreement. The form of such notices is attached hereto as Exhibits F-1 & F-2.

1.25 Opening of Escrow – The date of delivery to and acceptance by Escrow Agent of a fully executed original of this Agreement together with Deposit and Escrow 809
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Agent executes the “Escrow Agent Acceptance” form following the signature page(s) of this Agreement.

1.26 Private Owner Property Deed - A grant deed for the Private Owner Property in form attached as Exhibit D conveying the title of the Property from Private Owner to City.

1.27 Private Owner’s Delivery Date – Five (5) Business Days after the Opening of Escrow.

1.28 Private Owner Property – The Private Owner Property (as defined in Recital A) which is owned by the Private Owner as of the Effective Date together with (i) all landscaping and other improvements, if any, related thereto; (ii) Private Owner’s right, title and interest as the property owner in any land lying in any street, road or avenue in front of or adjoining thereto; (iii) the water, oil, gas, sand, gravel, and mineral rights of any kind whatsoever related or appurtenant to such property, if any, which may be described in the Title Report; and (iv) the Inspection Materials.

1.29 Private Owner Property – Valuation – The amount described in Section 3 as the agreed value of each Property.

1.30 Permitted Exceptions – All taxes and assessments against the Acquisition Property which are not yet due and payable as of the Closing Date, all other matters affecting title to the Acquisition Property contained in the applicable Title Report or shown on the Survey to the extent such matters are accepted by the Acquiring Party pursuant to the provisions of Section 6.1 of this Agreement and any exception caused by the Acquiring Party’s entry onto the Acquisition Property.

1.31 Properties – Both parcels of Property being exchanged under this Agreement.

1.32 Property – The City Parcel and the Private Owner Property which are being exchanged under this Agreement

1.33 Survey – An ALTA survey of the City Property, prepared at a party’s request and sole cost and expense which shall be certified to t he requesting party by an experienced surveyor who is licensed in California.

1.34 Title Company – Fidelity National Title Insurance Company.

1.35 Title Objections – The Acquiring Party ’s objections to any easements, liens, encumbrances, survey items, or other exceptions or matters in the Title Report and/or the Survey for the Acquisition Property . Any one of the Title Objections may be referred to individually as a “Title Objection.”

1.36 Title Objection Period – Same as the Inspection Review Period.

1.37 Title Policy – An ALTA non-extended owner’s policy of title insurance (or, in the Acquiring Party’s discretion, the Acquiring Party may elect to obtain an extended owner’s policy of title insurance) for the Acquisition Property in the amount of the applicable valuation set forth in Section 3.1, insuring the Acquiring Party as the fee owner of the Acquisition Property, subject only to the Permitted Exceptions. The costs of the Title Policy shall be allocated between the parties as set forth in Section 7.4.2. 810
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1.38 Title Report – A preliminary report for each Acquisition Property issued by the Title Company together with links to legible copies of all instruments or documents referred to in such preliminary report with a plotting of any easements.

1.39 Transfer Property – The Property owned by the Transferring Party which is being transferred under this Agreement to the Acquiring Party.

1.40 Transferring Party – The Property owned by the party as of the Effective Date which is being transferred to the Acquiring Party.

1.41 Valuation Difference – The difference in the Valuations of the Properties which amount is to be paid by the City at Closing.
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01375.0025/1009035.3 1

EXHIBIT A

LEGAL DESCRIPTION OF CITY PROPERTY

That certain real property in the City of Murrieta, County of Riverside, State of California legally described as:

(To be completed prior to execution of the Exchange Agreement)

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01375.0025/1009035.3 2

EXHIBIT B

LEGAL DESCRIPTION OF PRIVATE OWNER PROPERTY

That certain real property in the City of Yuma, County of Riverside, State of California legally described as:

(To be completed prior to execution of the Exchange Agreement) 813
01375.0025/1009035.3 1

EXHIBIT C-1

SUMMARY OF INSPECTION MATERIALS FROM CITY

(To be completed prior to execution of the Exchange Agreement)

814

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EXHIBIT C-2

SUMMARY OF INSPECTION MATERIALS FROM PRIVATE OWNER

(To be completed prior to execution of the Exchange Agreement)

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EXHIBIT D

CITY PROPERTY DEED

Recording requested by and
When Recorded Return to:

Murrieta Marketplace Holdings, LP
c/o J & T Management
139 Radio Road
Corona, CA 92879
Attn: Jack Kodfarali

GRANT DEED

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject to the covenants set forth below the CITY OF MURRIETA, a municipal corporation (“Grantor”) grants to SCOTT-MURRIETA SERVICE STATION, LP, a California limited partnership, as to a 40% interest, BONSALL SERVICE STATION, LP, a California limited partnership as to a 40% interest and MURRIETA MARKETPLACE HOLDINGS, LP, a California limited partnership as to a 20% interest (“Grantee”), all of its rights, title, and interest in that certain real property in the City of Murrieta, County of Riverside, State of California, as more particularly described in Exhibit A attached hereto and incorporated by this reference (“Property”) BUT EXCLUDING all rights of way and other public easements.

IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf as of the date written below.

GRANTOR:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: _______________________
Tiffany Israel, City Attorney

CITY:

CITY OF MURRIETA,
a California municipal corporation

By:

Kim Summers, City Manager

ATTEST:

_________________
Cristal McDonald, City Clerk

APN. ____________ (Space Above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code §6103) THE UNDERSIGNED GRANTOR DECLARES that the documentary transfer tax (computer on full value)
is $_________
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01375.0025/1009035.3
1 Exhibit A
Legal Description of the Property

That certain real property located in the City of Murrieta, County of Riverside, State of California, and is described as follows:

(To be completed prior to execution of the Exchange Agreement) 817

01375.0025/1009035.3
1 STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )

On _________________, 20__ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscrib ed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01375.0025/1009035.3
1 EXHIBIT E

PRIVATE OWNER PROPERTY DEED

Recording requested by and
When Recorded Return to:

City of Murrieta
1 Town Square
Murrieta, CA 92562
Attn: ___________

GRANT DEED

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject to the covenants set forth below SCOTT MURRIETA SERVICE STATION, LP, a California limited partnership, as to a 40% interest, BONSALL SERVICE STATION, LP, a California limited partnership as to a 40% interest and MURRIETA MARKETPLACE HOLDINGS, LP, a California limited partnership as to a 20% interest (collectively tenants in common as “Grantor”) grants to the CITY OF MURRIETA, a municipal corporation ( jointly and severally “Grantee”), all of its rights, title, and interest in that certain real property in the City of Murrieta, County of Riverside , State of California, as more particularly described in Exhibit A attached hereto and incorporated by this reference (“Property”).

IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf as of the date written below.

GRANTOR:

SCOTT-MURRIETA SERVICE STATION, LP, a
California limited partnership

By: _______________________
Gregory Hann, General Partner

SIGNATURES CONTINUED ON NEXT PAGE

APN. ____________ (Space Above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code §6103) THE UNDERSIGNED GRANTOR DECLARES that the documentary transfer tax (computer on full value)
is $_________
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2 BONSALL SERVICE STATION, LP, a
California limited partnership

By: RKJK A NEVADA CO, LLC,
a Nevada limited liability company
General Partner

By: ___________________
Hagop Kofdarali
Managing Member

MURRIETA MARKETPLACE HOLDINGS, LP,
a California limited partnership

By: RKJK A NEVADA CO, LLC,
a Nevada limited liability company
General Partner

By: ___________________
Hagop Kofdarali
Managing Member

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1 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by SCOTT -MURRIETA SERVICE STATION, LP, a California limited partnership, BONSALL SERVICE STATION, LP, a California limited partnership and MURRIETA MARKETPLACE HOLDINGS, LP, a California limited partnership (“Grantor”) to the CITY OF MURRIETA (“City ”), is hereby accepted by the undersigned officer and agent of City and the City consents to the recording of the Grant Deed.

Signed and dated on _____________, 2024 at City of Murrieta, California

GRANTEE

CITY OF MURRIETA, a municipal
corporation

By: _____________________
Kim Summers, City Manager

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1 Exhibit A
Legal Description of the Property

That certain real property located in the City of Murrieta, County of Riverside, State of California, and is described as follows:
(To be completed prior to execution of the Exchange Agreement)

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STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )

On _________________, 20__ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscrib ed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT F-1

PRIVATE OWNER’S NOTICE OF ACCEPTANCE OF PROPERTY CONDITION

, 2024

City of Murrieta
1 Town Square
Murrieta, CA 92562
Attn: ___________

RE: NOTICE OF ACCEPTANCE OF PROPERTY CONDITION
APN. _________(“Property”)

Dear _________:

______________________ (“Private Owner ”) hereby notifies the City of Murrieta , a municipal corporation (“City”), of its approval of the condition of the Property and its intent to proceed to closing pursuant to Section 5.4 of that certain Exchange Agreement and Joint Escrow Instructions dated as of _______________, 2024 between the City and the Private Owner.

Very truly yours,

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1 EXHIBIT F-2

CITY’S NOTICE OF ACCEPTANCE OF PROPERTY CONDITION

, 2024

RE: NOTICE OF ACCEPTANCE OF PROPERTY CONDITION
Portion of APN. ________ (“Private Owner Property”)

Dear _______:

The City of Murrieta (“City”) hereby notifies _____________ (“Private Owner”), of its approval of the condition of the Private Owner Property and its intent to proceed to closing pursuant to Section 5.4 of that certain Exchange Agreement and Joint Escrow Instructions dated as of _______________, 2024 between the City and the Private Owner (“Exchange Agreement”).

Very truly yours,

CITY OF MURRIETA, a municipal corporation

By:

Name:

Title: City Manager

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Murrieta Fire & Rescue Chief Bernie Molloy &
Economic Development Director, Scott Agajanian
November 19,2024
Approval of the exchange of a portion of City -
Owned real property (APN 963- 060- 086) for real
property owned by a Third Party (APN 963 -060-
065) and approval for the purchase of property
for the future development of Fire Station #6 to
serve the community
Received After Agenda Printed 11/19/2024 - Regular Meeting DISCUSSION - Item No. 21
Presentation
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2 The Need
Tier 1 CIP Project
• This exchange directly supports a high level of
Innovative Public Safety, a priority for the City
of Murrieta by securing a location for Future
Fire Station #6.
• The Citizens of Murrieta deserve and expect a
high level of Public Safety to maintain the high
quality of life that distinguishes the City of
Murrieta.
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3 The Right
to Sell
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4 The Properties
East side of Murrieta
• Top: The City owns unimproved real property located
at the southwest corner of Clinton Keith Road and
Porth Road in the City of Murrieta (a portion of APN
963-060-079), which property is legally described and
depicted on Exhibit A (“City Property”).
• Bottom: The Private Owner owns real property
located at the southeast quadrant of Clinton Keith
Road and Los Alamos Road improved only as a
parking lot with lights in the City of Murrieta,(APN 963- 060-065) and legally described and depicted on
Exhibit B (“Private Owner Property”).
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5 The Exchange
Land Swap
• City Property has a value of Five Hundred
Thousand Dollars ($500,000).
• Private Owner Property has a value of One
Million Five Hundred Thousand Dollars
($1,500,000).

Payment
• Seeking authorization of payment of $1,000,000
to the Private Owner, which is the difference
between the values of the respective properties.
• $1,000,000 had been previously set aside for a
development agreement which has since
expired.
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6 The Goal
A location for Murrieta Fire &
Rescue Future Station #6 to
continue to provide the Citizens
of Murrieta with a high level of
Innovative Public Safety.
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Murrieta Fire &
Rescue – Future
Fire Station 6
Delivering Innovative Public Safety to East Side of the city 832
City of Murrieta Calls for Service
833
City of Murrieta Fire Stations
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Green Dot = under 5 minutes
Yellow Dot = over 5 minutes
Red Dot = over 8 minutes
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• Response Time Standards
• NFPA 1710 – National Standard
• On scene in 4:00
• City of Murrieta Standards of
Cover – City adopted Standard
• On Scene in 6:00
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Station 3 to Hunter Rd 0700 Sunday Morning
Drive Time
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Call For Service based on time of day
838
Station 3 to Hunter Rd 1400 Wednesday
Afternoon Drive Time
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15 Station 4 to Hunter Rd 0700 Sunday Morning
Drive Time
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16 Station 2 to Hunter Rd 0700 Sunday Morning
Drive Time
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17 Station 1 & 5 to Hunter Rd 0700 Sunday
Morning Drive Time
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Response Map without Station 6
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Response Map with Station 6
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20 The Recommendation
Recommended Action: Staff recommends that the City
Council approve the Exchange Agreement and Joint Escrow Instructions (Agreement) between the City of Murrieta (City) and Scott-Murrieta Service Station, LP , a California limited partnership, Bonsall Service Station, LP , a California limited partnership and Murrieta Marketplace Holdings, LP , a
California limited partnership (jointly and severally the Private Owner) and appropriation of $1,000,000 as memorialized in Resolution No. 24-4794, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the Exchange of a Portion of the City-Owned Real Property (APN 963-060-086) Plus Payment of $1,000,000 for the Real
Property Located at APN 963-060-065 for the Purpose of
Acquiring it for Development as a New Fire Station to Serve the Community; and Amend the Fiscal Year 2024/25 Operating
and Capital Improvement Plan (CIP) Budgets as specified in the fiscal impact statement.
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Any Questions?
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22 Thank You!
847

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/19/2024
Agenda Item No. 22.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director PREPARED BY: David Chantarangsu, AICP, Development Services Director SUBJECT:

Amended and Restated Memorandum of Understanding between the City of Murrieta and Murrieta Market Nights Inc., regarding Implementation of Murrieta Market Nights

RECOMMENDATION
Approve the amended and restated Memorandum of Understanding (MOU); and Authorize the City Manager to execute the Agreement.

PRIOR ACTION/VOTE
The City previously entered into a Memorandum of Understanding with Murrieta Market Nights Inc., on December 7, 2022, within the authority of the City Manager.

CITY COUNCIL GOAL
Foster and promote an engaged, connected and caring community.

BACKGROUND
In 2022, the City entered an MOU with Murrieta Market Nights, Inc. (MMNI), to establish an on-going, regular community event in Downtown Murrieta. The event, known as Murrieta Market Nights (Market Nights), is held on the first and third Thursday of each month, however, events may sometimes be canceled due to holidays and adverse weather conditions. The event is held on City property primarily in public right-of-way on Washington Avenue between B Street and C Street, including a portion of Juniper Street on either side of Washington Avenue. Attachment 1 includes an exhibit depicting the areas to be used.

Street Fairs as a Local Economic Development Tool & Community Engagement Driver Traditionally, community street fairs such as Market Nights are lively, bustling, and vibrant events, with a mix of food offerings and vendors selling handmade crafts, local artwork, and other unique items. This environment is conducive to attracting both local residents and visitors from outside the community resulting in increased foot traffic and business exposure enabling local shops and restaurants an opportunity to gain new customers and CITY OF MURRIETA Printed on 11/14/2024Page 1 of 4
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Agenda Item No. 22.
traffic and business exposure enabling local shops and restaurants an opportunity to gain new customers and increased sales. Moreover, small businesses and artists that may not yet be sustainable in a brick-and-mortar format can showcase their products in street fair events fostering entrepreneurship for the next generation of artists and business owners.

Beyond the economic benefits, street fairs like Market Nights can also play an important role in building community social connections. When residents gather to enjoy a Market Night, a sense of belonging and community spirit are formed since community events are social magnets that draw people of all ages and backgrounds together. The events provide another opportunity for community members to interact, fostering social bonds and civic pride.

Additionally, there is synergy between the Murrieta Market Nights type of event and the Downtown Murrieta Specific Plan adopted in 2017. The Specific Plan establishes a vision for Downtown Murrieta as: “…a vibrant and bustling cultural center (that) serves as a place of great community pride for current and future generations.” Within the Specific Plan, there are references to several goals that are synergistic with the Market Nights concept, such as Downtown being “a destination for visitors to come relax in its casual atmosphere while strolling along tree-lined Washington Avenue - downtown’s‘MainStreet;’”with a goal of developing “…a positive image for Downtown Murrieta as a regional destination and entertainment area for families and individuals of all ages…” and “connecting cultural, civic, and commercial amenities.” Market Night Impacts on the Downtown
For all the many benefits Market Nights can bring to the Downtown, the events also present certain drawbacks to consider. Temporary vendors may compete with established local businesses. Street circulation and accessibility can also be affected because of street closures that occur, which for Market Nights include a substantial portion of Washington Avenue in the Downtown area. Side streets connecting to Washington Avenue are also blocked between B and C Streets, resulting in limited or restricted access and detours. Noise and disruption are other potential downsides, since live music, entertainment, vendor equipment, and socializing can generate noise that impacts nearby residents. Private property parking in the Downtown can also be impacted for several hours as Market Night patrons occupy those spaces during their visit to the Downtown. Business sidewalk access can be impacted, though Market Night staff have closely monitored sidewalk access to ensure business access is not impeded by vendors, displays, or vendor equipment.

Temporary Use Conflicts with Market Nights
The City entered into the MOU with MMNI as the entity to establish and run a street fair in Downtown Murrieta.

However, during the initial MOU period in 2022, the City issued a temporary use permit (TUP) for an event similar to Market Nights on private property. Staff determined that the private event conflicted with Market Nights and did not renew the TUP. While businesses in the Downtown are not restricted from operating, staff is no longer issuing TUPs for uses that impact Market Nights, given the potential conflicts with traffic control, event setup and breakdown, and operations.

MOU Terms
The amended and restated MOU carries forward all the operational requirements from the 2022 MOU but changes the financial terms. The 2022 MOU established a revenue-sharing approach between the City and Murrieta Market Nights. The approach was based on net revenue with no definition of what could and could not be considered an expense. In contrast, the agreement with Newman Hospitality Group to run events at the Town Square Amphitheater has a specific list of expenses that are considered operating costs (Section 4.f. of the Newman Hospitality agreement). After reviewing the year-end operating expenses and revenues from Market Nights at the end of 2023, a clear distinction could not be made between the general operating expenses of MMNI and the operating expenses of the event. After further consideration by staff and discussion with MMNI, staff recommends that only a $100 monthly license fee be retained in order to allow MMNI to continue to invest in vendor recruitment and attraction, advertising, and brand building for the long-term CITY OF MURRIETA Printed on 11/14/2024Page 2 of 4
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Agenda Item No. 22.
sustainability of the event.

Staff recommends this approach be implemented over the next two years. This will provide Market Nights with the time and resources to grow the event and ideally become more popular, increasing foot traffic to the Downtown and providing business exposure to brick-and-mortar businesses located there. In 2023, the event would have needed to generate $100,852 in net income for the City to recover its costs.

The MOU can be renegotiated, and the City can re-evaluate its cost recovery goals after the proposed MOU term which expires in November 2026. The City could also reconsider its cost recovery needs if the event is expanded (MOU Section VII.D.)
City Expenses for Market Nights
City expenses for every Market Night event encompass staff time to place and remove traffic control barriers and maintain public trash receptacles in the Downtown. The Murrieta Police Department (MPD) will assign two (2) officers to patrol this event. The regular ongoing City expenses are estimated to be approximately $5,490 per event.

Conclusion
While the City will spend approximately $120,800 per year in staff time to support Market Nights, staff’s analysis is that there is tangible community benefit generated by these events. By analyzing cell phone location data on Market Nights, staff can determine that roughly 7,000 people attend Market Nights per event, or 154,000 annually (based on 22 events), though attendance can fluctuate based on weather. More anecdotally, restaurant owners in the Downtown have told staff they see an increase in sales when Market Night events are held. Business outreach conducted by Economic Development staff in the Downtown area indicates Market Nights are favorable.

Businesses often measure the cost to “acquire”new customers through marketing, sales, and operational costs over a specific period. If the City’s estimated cost of $120,800 to support Market Nights to attract 154,000 people to the Downtown were viewed as a customer acquisition cost, that amount is approximately $0.78 per person. In contrast, according to industry standards, the retail industry may spend $10 to $50 per person to acquire a new customer. While the comparison may not be like-for-like, it is sufficient to conclude that continuing to have a Murrieta Market Nights is a benefit to the Downtown, and promotes a sense of community and civic pride by creating an atmosphere that brings residents and visitors together.

The proposed MOU with Murrieta Market Nights, Inc. is attached as Attachment 1 for the City Council’s consideration.

FISCAL IMPACT
Staff estimates the City provides nearly $120,800 per year in direct costs to support Market Nights. The amount is derived from set-up and take-down charges for traffic control, trash receptacle service before and after the event, monthly trash service, and public safety officers. The Public Works Department and Community Services Department estimates the cost to be approximately $4,500 in staff time per event to set- up and take-down traffic controls and maintain trash receptacles in the Downtown. Waste Management also provides a dumpster at a value of approximately $150 per month. Public Safety costs include two assigned police officers for each event.

ATTACHMENTS

1. Proposed Memorandum of Understanding
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CITY OF MURRIETA
City Council Meeting Agenda
Report
11/19/2024
Agenda Item No. 23.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
PREPARED BY: Tiffany Israel, City Attorney
SUBJECT:

Appointment of Justin Clifton as City Manager and Approval of City Manager Employment Agreement

RECOMMENDATION
Adopt Resolution No. 24-4795 entitled: A Resolution of the City Council of the City of Murrieta, California, Appointing Justin Clifton as Acting City Manager Effective November 22, 2024 and Approving a City Manager Employment Agreement with Justin Clifton and Appointing Him as Permanent City Manager Effective January 12, 2025.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.

BACKGROUND
The City of Murrieta’s(City) current City Manager, Kim Summers, recently announced her retirement from the City effective January 11, 2025. Accordingly, the City is in need of the services of a new permanent City Manager beginning January 12, 2025.

After undertaking a recruitment for a new City Manager, the City Council determined that the City’scurrent Assistant City Manager, Justin Clifton, has the executive and administrative qualifications and ability to assume the role of City Manager. Mr. Clifton holds a Bachelor of Arts from Fort Lewis College in Political Science and Philosophy and a Master of Arts in Public Policy and Leadership from Colorado University. He has received additional training in leadership and organizational excellence through programs including the Rocky Mountain Leadership Institute, and the Harvard Kennedy School program for Executives in State and Local Government. Mr. Clifton has maintained status as a Credentialed Manager through the International City/County Management Association (ICMA) for more than 10 years and pursued other areas of ICMA program excellence, including performance management, public engagement, and high-performing CITY OF MURRIETA Printed on 11/14/2024Page 1 of 2
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Agenda Item No. 23.
program excellence, including performance management, public engagement, and high-performing organization models. He also holds a certificate in Lean process improvement for government. Mr. Clifton has previously served as the City Manager for the cities of Bayfield and Delta, Colorado, Palm Springs, California and Sedona, Arizona.

The City Council worked through the City Attorney’soffice to negotiate the terms of an employment agreement with Mr. Clifton. The proposed employment agreement between the City and Mr. Clifton is attached to this staff report, as Exhibit A to Resolution No. 24-4795.

The City Council will now consider whether to appoint Justin Clifton as City Manager and approve the proposed employment agreement. Approval of Resolution No. 24-4795 would appoint Mr. Clifton as permanent City Manager effective January 12, 2025, and approve the employment agreement between the City and Mr. Clifton for his services as permanent City Manager.

Additionally, Resolution 24-4795, if approved, would appoint Mr. Clifton as Acting City Manager effective November 22, 2024, and authorize compensation of $341,712.80 beginning the same date.

The terms of the proposed employment agreement between the City and Mr. Clifton include the following:

1. Initial annual base salary of $341,712.80. Cost of living increases equal to other management employees.

2. Three-year agreement term - January 12, 2025, until January 11, 2028.

3. Cell phone expense allowance of $70 per month.

4. Annual leave and administrative leave in the same amount as provided to the at-will executive management employees of the City.

5. Automobile allowance of $600 per month.

6. Enrollment in CalPERS retirement plan as “new” miscellaneous member of CalPERS.

7. City to pay 100% of the premium for group medical and dental care for employee and dependents.

8. Deferred compensation contribution equal to the maximum 457(b) annual allowed amount (excluding catch- up contributions).

9. 12 months’severance in the event of termination without cause (subject to state law/ Gov. Code §53260 limitation on severance paid for the unexpired term of the contract).

California Government Code section 54953(c)(3) requires an oral report in an open meeting summarizing the proposed final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a city manager. A summary of the compensation and benefits will be stated verbally on this agenda item prior to consideration for approval.

FISCAL IMPACT
The fiscal impact of approving the employment agreement has been accounted for in the FY 2024/25 budget.

The FY 2025/26 and FY 2026/27 cost will be added to the next Biennial Budget.

ATTACHMENTS

1. Resolution No. 24-4795 (Employment Agreement attached as Exhibit “A”) CITY OF MURRIETA Printed on 11/14/2024Page 2 of 2
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01375.0004/1025953.2
RESOLUTION NO. 24-4795

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, APPOINTING JUSTIN CLIFTON AS
ACTING CITY MANAGER EFFECTIVE NOVE MBER 22, 2024 AND

APPROVING A CITY MANAGER EMPLOYMENT AGREEMENT

WITH JUSTIN CLIFTON AND APPOINTING HIM AS PERMANENT
CITY MANAGER EFFECTIVE JANUARY 12, 2025

WHEREAS, it is the desire of the City Council of the City of Murrieta (hereinafter the “Council") to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City’s Municipal Code; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a City Manager form of government shall define the powers and duties of the City Manager; and
WHEREAS, the powers and duties of the City Manager of the City are set forth at Murrieta Municipal Code (“MMC”) Section 2.08.060; and
WHEREAS, the City’s current City Manager has announced her retirement effective January 11, 2025; and
WHEREAS, based on Justin Clifton’s executive and administrative qualifications and ability, the City Council desires to employ Mr. Clifton to serve as the City’s permanent City Manager beginning effective January 12, 2025; and
WHEREAS, the City’s current City Manager will be on leave beginning November 22, 2024 through her retirement, such that there is a need for an Acting City Manager between November 22, 2024 and January 11, 2025; and
WHEREAS, Mr. Clifton desires to perform and assume responsibility for the provision of City Manager services to the City, as Acting City Manager beginning November 22, 2024 and as the City’s permanent City Manager beginning January 12, 2025; and WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision of City Manager professional services as the City’s permanent City Manager through the attached Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Effective November 22, 2024 through January 11, 2025 Justin Clifton shall be appointed to be the City’s Acting City Manager. Mr. Clifton’s base compensation as Acting 865
01375.0004/1025953.2
City Manager will be at the rate of $341,712.80 annually. While serving as Acting City Manager, Mr. Clifton’s benefits shall remain consistent with his current benefits as Assistant City Manager.

Section 3. Justin Clifton shall be appointed to be the permanent City Manager of the City of Murrieta effective January 12, 2025. Mr. Clifton’s base salary as City Manager will initially be $341,712.80 annually. The Employment Agreement between the City and Mr. Clifton, attached hereto as Exhibit A, is hereby approved. The Mayor is authorized to execute the employment agreement on behalf of the City.

Section 4. This resolution shall be effective upon its adoption.

PASSED, APPROVED, AND ADOPTED this 19th day of November 2024, by the City Council of the City of Murrieta, State of California.

Lori Stone, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany Israel, City Attorney

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4795 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 19th day of November, 2024, and was signed by the mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT
ABSTAIN:

Cristal McDonald, City Clerk

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01375.0004/1025953.2

Exhibit A
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CITY OF MURRIETA

CITY MANAGER

EMPLOYMENT AGREEMENT
This CITY MANAGER EMPLOYMENT AGREEMENT ( “Agreement”) is entered into and made effective the 12th day of January, 2025 (“Effective Date”) by and between the CITY OF MURRIETA, a general law city and municipal corporation ( “City”) and JUSTIN CLIFTON, an individual (“Employee”).

R E C I T A L S
WHEREAS, it is the desire of the City Council of the City of Murrieta (hereinafter the "City Council") to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City’s Municipal Code; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a City Manager form of government shall define the powers and duties of the City Manager; and
WHEREAS, the powers and duties of the City Manager of the City are set forth at Murrieta Municipal Code (“MMC”) Section 2.08.060; and
WHEREAS, the City’s current City Manager has announced her retirement effective January 10, 2025; and
WHEREAS, based on Employee’s executive and administrative qualifications and ability, the City Council desires to employ Employee to serve as the City’s City Manager beginning effective January 12, 2025; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of City Manager services to the City; and
WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision of City Manager professional services to the City through this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:

A G R E E M E N T

1.0 EMPLOYMENT, DUTIES & COMMITMENTS

1.1 Duties. City hereby employs Employee as City Manager for the City, to serve as the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City . Employee shall perform all of the duties of the C ity Exhibit “A” to Resolution
No. 24-4795
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Manager as set forth in in the job description attached hereto as Exhibit “A,” Chapter 2.08 of the Murrieta Municipal Code (the "Municipal Code"), the California Government Code, City policies and procedures approved by the City Council as may be provided from time to time, and other legally permissible and proper duties and functions as the City Council shall from time to time assign. The City Council may also designate the City Manager as the chief executive of other City- related legal entitles. Such othe r legal entities could include a redevelopment successor agency, financing authorities, and joint powers authorities. Employee shall devote his best efforts and full- time attention to performance of these duties as City Manager. The parties acknowledge that Murrieta Municipal Code Section 2.08.070 sets forth the municipal code expectations and requirements for city council relations with the City Manager.

1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of C ity Manager will require Employee to generally observe normal business hours consistent with a regular work schedule made available for other City employees (including a 4/10 schedule), as set by the City Council and may be duly revised from time -to-time, and will also o ften require the performance of necessary services outside of normal business hours. Notwithstanding the foregoing, the City will permit Employee such reasonable “ time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 O
ther Activities . Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of City Manager.

1.4 E
mployment Status . Employee shall serve at the will and pleasure of the City Council and understands that he shall be an “at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so- called due process pre- disciplinary “Skelly” meeting. The City may terminate Employee at any time in accordance with Section 3.4 below.

1.5 C ity Documents. All data, studies, reports and ot her documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be requi red by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council , for any purposes other than the 869
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performance of his duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.6 Exclusion from Personnel System. Employee understands, acknowledges and agrees that he is exempt from the City’s personnel system pursuant to Municipal Code section

2.68.030(A).

1.7 F LSA Exempt Status . Employee agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act ("FLSA”).

2.0 CO MPENSATION

2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s base compensation as of the Effective Date shall be Three Hundred Forty -One Thousand Seven Hundred Twelve Dollars and Eighty Cents ($341,712.80) annually (“Salary”), which shall be paid on a pro- rated basis at the same intervals and in the same manner as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes and other payroll- related liability costs as determined by the City.

2.2 C ost of Living Increases . Employee shall be entitled to receive a cost of living salary increase equal to that of other management employees. In addition, the City agrees to increase Employee’s base salary and/or other benefits in such amounts and to such extent as the City Council may determine desirable on the basis of an annual performance review of Employee, as provided in Section 5.2.

2.3 M
inimum Annual Base Salary . The annual base salary of Employee shall be at least five percent (5%) higher than the annual base salary of the City’s next -highest paid employee.

3.0 TE RM

3.1 Commencement. Employee shall commence his services as the City’s City Manager hereunder at 12:01 a.m. Pacific daylight savings time on January 12, 2025 or such earlier date upon which the City Council and Employee may mutually agre e, in either event such date will also be deemed the effective date of this Agreement (“Effective Date”).

3.2 T erm . This Agreement shall remain in effect for three (3) years fro m January 12, 2025, i.e. until January 11, 2028.

3.3 T ermination by Employee . Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least ninety (90) days’ advance written notice prior to the effective date of termination in the event of resignation, unless a shorter period is acceptable to Council . In the event Employee voluntarily retires from service with the City, Employee shall provide no less than six (6) months written notice to the City. In the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay.
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3.4 Termination by City. The City Council may terminate this Agreement at any time with or without cause, by providing written notice of the reasons(s). The City Council’s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Municipal Code, Personnel Rules or past City practices related to the employment, discipline or termination of the City’s employees. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Manager. Upon appoi ntment to the C ity Manager position, Employee remains an at -will employee serving at the pleasure of the City Council.
(a) T ermination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. In such event, City shall, if desired by Employee, afford Employee a public name-clearing hearing before Council. Request for a name clearing hearing shall be made to the City Clerk within seven (7) days of Employee ’s receipt of notice of termination. For purposes of this Agreement, the term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: (1) breach of this Agreement; (2) violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules; (3) willful or persistent material breach or neglect of duties; (4) résumé fraud or other acts of material dishonesty; ( 5) corrupt or willful misconduct in office; ( 6) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law; (7) willful destruction or misuse of City property; (8) habitual intoxication while on duty, whether by alcohol, prescription or non- prescription drugs, and in the case of prescription drugs, where they are being used in a manner not authorized by Employee’s treating physician; ( 9) use or possession of illegal drugs; ( 10) inexcusable absence without an authorized leave of absence that impairs regular City business; (11) theft or attempted theft; (12) financial mismanagement; ( 13) material dishonesty; ( 14) willful violation of Federal, State or City discrimination and harassment laws concerning either members of the general public or City’s employee(s) while acting in the course and scope of employment and/or while on City premises or time; ( 15) willful and unlawful retaliation against any City officer or employee or member of the general public who in good faith reports, discloses, divulges or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or related directly thereto; (16) willful violation of any conflict of interest or incompatibility of office laws; (17) performance of material outside business interests that conflict directly with the activities and duties as C ity Manager, but not including educational or professional training programs conducted by Employee whether for personal financial gain or not; (18) refusal to take or subscribe to any oath or affirmation which is required by law; ( 19) engaging in conduct that brings substantial embarrassment or disrepute to City; ) (20) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption); or ( 21) any similar cause. For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay severance.
(b) T
ermination by City Council Without Cause. T he City Council may terminate Employee at any time without cause but rather based upon management reasons , including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that he shall 871
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not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

3.5 Limitation on Termination . In accordance with M MC Section 2.08.140, Employee shall not be terminated without cause during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which election a member of the City Council is elected. Additionally, Employee shall not be removed without cause during the sixty (60) day period preceding a City election for membership on the City Council.

3.6 W aiver of Certain Discipline and Termination Rights . Employee expressly waives any rights afforded under City’s personnel system or policies, and any rights afforded to Employee under the Municipal Code (including Chapter 2.08) or under State or Federal law, including Government Code §§ 54950 et seq . (“Brown Act”), to any form of pre - or post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline or termination, except those rights Employee may have under the Ca lifornia or United States constitutions to a name -clearing hearing. Such rights waived under this Section 3.6 include the right under the Brown Act (Government Code §54957(b)) to have complaints or charges against an employee heard in a public session upon Employee’s request.

4.0 S

EV ERANCE

4.1 Severance Pay. If the Council i) terminates Employee without cause and Employee does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim; ii) materially breaches this Agreement; or iii) materially changes the powers of the position of City Manager (not including changes to the City Manager job description or assignment of duties to Employee that are generally consistent with the role of C ity Manager), then City shall pay to Employee severance in an amount equal to his monthly base salary (calculated by dividing the annual Sa lary as defined in Section 2 above by 12) then in effect multiplied by twelve (12), less applicable deductions and excluding deferred compensation or the value of any other benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the twelve (12) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the C ity shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. Additionally, the City shall have no obligation to pay severance in the event it elects to not extend the term of this Agreement.

4.3 S
ole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of 872
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the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “C.” In the event Employee challenges his termination or declines to execute or revokes the general release of claims, no severance payment shall be made under this Article 4.0.

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2 P
rocess . In accordance with the City Council City Manager Performance Review Policy, the City Council shall conduct an evaluation of Employee’s performance at least once each year. The City Council and Employee agree that performance evaluations, for the purpose of mid-course corrections, may occur semi-annually or more often during each calendar- year. The Parties may use an outside facilitator paid by City funds to assist them in conducting this evaluation, at the option of the City Council . The City Council may, at its discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation.

5.3 T iming . While performance evaluations for the purpose of mid- course corrections may occur several times during the year, the annual evaluation shall occur at a time determined by the City Council, with input from Employee, at approximately the anniversary date of Employee’s commencement of employment as City Manager . During such performance evaluation, Employee and City Council will create goals or other outcome measures that will provide the basis for determining the next year's performance.

5.4 D
efining Goals . The City Council and Employee shall define such goals and performance objectives as they mutually determine are necessary for the proper operation of the City for the attainment of the City Council's policy objectives, and to the greatest extent possible, the goals and performance objectives will have clearly defined outcomes and/or measurable results. T he City Council and Employee shall further establish a relative priority among those goals and performance objectives.

6.0 BEN
EFITS

6.1 Equipment and Cell Phone Allowance. The City shall provide a computer, laptop computer, high-speed internet access, cellular phone, and similar communication devices to Employee at the City's expense, both at the City Manager's office and, with the consent of the City Council, at Employee’s residence. Employee shall receive a $70 a month allowance for cell phone expenses.

6.2 H olidays . Employee is entitled to the same scheduled holidays and floating holidays per calendar year as provided to the at-will executive management employees of the City.
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6.3 Annual Leave. Employee shall receive the same annual leave accrual as provided to the at-will executive management employees of the City, not to exceed a maximum of 1,000 hours on the books. In the event of termination or resignation from employment, Employee will be entitled to compensation for 100% of accumulated and unused annual leave up to the maximum accrual limit.

6.4 A dministrative Leave. Employee shall receive the same administrative leave accrual as provided to the at-will executive management employees of the City, which is 120 hours of administrative leave per complete year of employment accrued per pay period (at a rate of 4.6153 hours per pay period) . Employee may accumulate administrative leave not to exceed a maximum of 240 hours and may sell back 50% each June in accordance with the Management , Professional, and Confidential Employees Compe nsation Plan. In th e event of termination or resignation from employment, Employee will be entitled to compensation for 100% of accumulated administrative leave up to the maximum accrual limit in accordance with the Management, Professional, and Confidential Employees Compensation Plan.

6.5 A utomobile Allowance . The City shall provide an automobile allowance of six hundred dollars ($600.00) per month. Such allowance shall cease immediately upon termination or resignation of Employee’s employment.

6.6 P ERS . Employee is a “new ” miscellaneous member of CalPERS as defined under the California Public Employees' Pension Reform Act ( “PEPRA”) and shall participate in the City’s 2% at 62 formula. The City shall pay the full employer CalPERS contribution. The employee contribution required for “new” miscellaneous members , which is currently 8.0 %, shall be paid by Employee.

6.7 H ealth Care Benefits and Life Insurance. The City shall pay one hundred percent (100%) of the premium for group medical and dental care for Employee and dependents, and pay the cost pertaining to a term life insurance policy in an amount two times the amount of Employee’s annual base salary up to a coverage maximum of $800,000.

6.8 H ealth Care Benefits After Separation . Provided Employee retires from the City, Employee shall be entitled to retiree health benefits as provided to the at -will executive management employees of the City, based on date of hire.

6.9 E lective Leave Cash Out Procedure. For the purpose of complying with IRS constructive receipt rules, any elective leave cash out to which Employee may be entitled each year (for example, Administrative Leave as provided in Section 6.4 above) shall be subject to the following procedure: Employee must first irrevocably designate in writing the amount of leave to be cashed out in the calendar year preceding the cash- out. Cash-out is at Employee’s rate of pay at the time paid. Finance will supply the irrevocable designation form upon request. Such requests shall be in writing to the City’s Finance Department.

6.10 D
eferred Compensation. Each calendar year t he City will contribute to Employee’s 401(a) account an amount equal to the 457(b) plan maximum annual amount allowed by law in the then-current tax year for employees under the age of 50 years (i.e. excluding catch- up contributions). In no event shall the City’s contribution exceed limits established by the Internal Revenue Service for a deferred compensation plan. The City contribution shall be made on the first pay date in January of each year for the prior year starting in 2025. Additionally, Employee 874
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may voluntarily contribute to the City’s 457(b) deferred compensation plan to the same extent allowed by the IRS for employees.

6.11 Except as specifically provided herein, Employee shall be entitled to the benefits provided to executive management employees of the City pursuant to the then- current Management, Professional, and Confidential Employees Compensation Plan, and subject to the terms and conditions provided therein.

7.0 PROFESSIONAL DEVELOPMENT

7.1 Professional Dues . The City agrees to pay the professional dues and subscriptions on behalf of Employee which are necessary for Employee’s continuation and full participation in national, regional, state, or local associations and organizations necessary and desirable for the good of the City, and for Employee’s continued professional participation and advancement.

7.2 P
rofessional Development. The City agrees to pay the travel and subsistence expenses of Employee to pursue official and other functions for the City, and meetings and occasions to continue the professional development of Employee, including, but not limited to, national, regional, state, and local conferences, and governmental groups and committees upon which Employee serves as a member, in accordance with the City’s travel policy.

7.3 S
hort Courses. The City also agrees to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for the good of the City or for the professional development of Employee, in accordance with the City’s travel policy.

7.4 C ivic Clubs. The City recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of civic clubs or organizations, for which the City shall pay membership dues.

8.0 B ONDS AND INDEMNIFICATION

8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee , to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8.2 B
onds . City shall bear the full cost of any fidelity or other bonds, which may be required under any law or ordinance in the performance of Employee’s services under this Agreement.

9.0 G ENERAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee ’s employment by the City and contains all of the covenants 875
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and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of three (3) members of the Council.

9.3 N otices . Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City:

To Employee:

City of Murrieta Justin Clifton
Attention: City Clerk [On file with Human Resources Dept.] 1 Town Square
Murrieta, California 92562
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’ s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on Employee to seek legal advice concerning whether such conflict exists and Employee’s obligations arising therefrom.

9.5 E
ffect of Waiver . The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 P
artial Invalidity . If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 G
overning Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

9.8 M
andatory Government Code Provisions. Government Code §§ 53243 - 53243.4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to 876
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provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non -contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time t hereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “B”.

9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement , or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall no t be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of Murrieta has caused this Agreement to be signed and executed on its behalf by its Mayor , and duly attested by its officers ther eunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate. [SIGNATURES ON FOLLOWING PAGE]

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CITY: CITY OF MURRIETA
By: _______________________________
Lori Stone, Mayor
ATTEST:
_____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney

EMPLOYEE
_____________________________
Justin Clifton
878

EXHIBIT “A”

City Manager Job Description

Description and Essential Functions

DEFINITION
Under policy direction, plans, organizes, and provides administrative direction and oversight for all City functions and activities; coordinates and evaluates the work of the City in accordance with applicable laws, codes, and regulations and adopted policies and objectives of the City Council; provides policy guidance to management staff; encourages and facilitates provision of services to City residents and businesses; fosters cooperative working relationships with State and local intergovernmental and regulatory agencies and various public and private groups; directs the pursuit of appropriate avenues of economic and community development; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Council. Exercises general direction and supervision to the entire City staff through subordinate levels of management and supervision.

CLASS CHARACTERISTICS
The City Manager serves as the Chief Executive Officer of the City, accountable to the City Council and responsible for enforcement of all City codes, ordinances, and regulations, the conduct of all financial activities, and the efficient and economical performance of the City's operations.

ESSENTIAL FUNCTIONS
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Plans, organizes, and administers operations of the City either directly or through subordinate management and supervisory staff; coordinates and evaluates the work of the City in accordance with applicable laws, codes, and regulations and adopted policies and objectives of the City Council. • Directs and coordinates the development and implementation of goals, objectives, and programs for the City; develops administrative policies, procedures, and work standards to ensure that the goals and objectives are met and that programs provide mandated services in an effective, efficient, and economical manner.
• Oversees the preparation of the annual budget for the City; authorizes directly or through staff, budget transfers, expenditures, and purchases; provides information regarding the financial condition and needs to the City Council.
• Ensures that the Council is kept informed of City functions, activities, and financial status, and of legal, social, and economic issues affecting City activities.
• Monitors changes in laws, regulations, and technology that may affect City operations; implements policy and procedural changes as required.
• Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of City services, projects, service delivery methods, and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies and implements opportunities for improvement.
• Provides leadership and supervision; selects, motivates, and directs assigned staff; ensures appropriate training is provided; evaluates and reviews work for acceptability and conformance with City standards; works with employees on performance issues; implements discipline and termination procedures; responds to staff questions and concerns.
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• Advises the City Council on issues, programs, and financial status; prepares and recommends long- and short-term plans for City service provision, capital improvements, and funding; and directs the development of specific proposals for action regarding current and future City needs. • Represents the City and the Council in meetings with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations. • Provides for the investigation and resolution of complaints regarding the administration of and services provided by the City government.
• Provides for contract services and franchise agreements; ensures proper performance of obligations to the City; enforces all City codes, ordinances, and regulations. • Directs the preparation of and prepares a variety of correspondence, reports, policies, procedures, and other written materials.
• Ensures the maintenance of working and official City files. • Responds to the most complex, difficult, and sensitive public inquiries and complaints and ensures they are promptly and properly addressed.
• Ensures staff observe and comply with all City and mandated safety rules, regulations, and protocols.

Performs other duties as assigned.

Minimum Qualifications

EDUCATION AND EXPERIENCE
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Required:
• Equivalent to a bachelor's degree from an accredited college or university with major coursework in public or business administration, public policy, finance, or a related field. • Ten (10) years of management or administrative experience in a public agency, six (6) years of which must be in a management capacity.

Desired:
• Equivalent to a master's degree from an accredited college or university with major coursework in public or business administration.

LICENSES AND CERTIFICATIONS
• Possession of or ability to obtain and maintain a valid California Driver's License or other means that would allow for the ability to commute to meetings, conduct site visits, and attend other special events throughout the county may be required at the time of hire.

Knowledge, Skills and Abilities / Physical Demands and Environmental Conditions

KNOWLEDGE OF
• Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.

Principles and practices of leadership.
• Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Principles and practices of strategic plan development. Principles and practices of budget administration.
• Principles, practices, and procedures of public administration in a municipal setting. Functions, services, and funding sources of a municipal government. • Functions, authority and responsibilities of an elected City Council. • Public agency contract administration and City-wide administrative practices. 880
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• Technical, legal, financial, and public relations issues associated with the management of municipal services. Federal, State, and local laws, regulations, and codes relevant to assigned areas of responsibility.
• Current social, political, and economic trends affecting City government and service provision. City and mandated safety rules, regulations, and protocols.
• Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.

ABILITY TO
• Plan, administer, coordinate, review, and evaluate the functions, activities, and staff of the City. • Work cooperatively with, provide highly complex and responsible staff support to, and implement the policies of the City Council.
• Develop and implement goals, objectives, practices, policies, procedures, work standards, and internal controls.
• Provide leadership and direction to all departments of the City. • Conduct effective negotiations and effectively represent the City in meetings with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations, and the media.
• Direct the preparation of and prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
• Oversee all City financial activities, including administering investments, the development and implementation of the City budget, and the control of all expenditures and purchases. • Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.

Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax. Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer and to operate a motor vehicle to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file 881
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information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

Supplemental Information

APPLICATION PROCEDURE
A City application form and resume must be submitted online. Applicants can apply online at www.MurrietaCA.gov
.

SELECTION PROCESS
Candidates must clearly demonstrate through their application materials that they meet the employment standards outlined above. All properly completed applications will be reviewed, and the most appropriately qualified individuals will be invited to continue in the selection process. Examinations for the position may consist of any combination of appraisal interview, performance test and writing exercise to evaluate the applicant's skill, training, and experience for the position. Successful applicants will be placed on an eligibility list. The City may also merge lists. The selected candidate(s) must successfully complete pre- employment clearances which may include a physical, drug screen, and fingerprinting.

882

EXHIBIT “B”

GOVERNMENT CODE SECTION 53243-53243.4

53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.

53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.

53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position.

53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.

53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67), Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 883
01375.0004/1015484.15
EXHIBIT “C”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of Murrieta, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and JUSTIN CLIFTON, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as its at-will City Manager effective _____________ serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”). EMPLOYEE is currently ___ years old.

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non -elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s post - employment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested within ________ business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.
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3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged br each of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, sta te or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE; 885
01375.0004/1015484.15 3

(b) EMPLOYEE is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“ General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
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EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that th ey have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. N
o Fraud in Inducement : No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. I
ndependent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. M
istake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. L
ater Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. I
ndemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations 887
01375.0004/1015484.15 5

undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. R
eturn of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his employment with THE CITY.

7.9 N
o Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.

7.10. O
wnership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 E
nforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 A
uthority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. M

ISCELLANEOUS
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8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. G overning Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. F
ull Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. C
ontinuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. J
oint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. S
everability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. T
itles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. C ounterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. N
otice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

City of Murrieta
Attention: City Clerk
889
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1 Town Square
Murrieta, California 92562
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: _______________ EMPLOYEE

By: ________________________________
Justin Clifton

THE CITY

DATED: __________________ By: ________________________________ Mayor
ATTEST:

__________________________
City Clerk

APPROVED AS TO FORM:

By: ________________________
City Attorney
[EMPLOYEE’s LAW FIRM]

By: ________________________
[Counsel]

890

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/19/2024
Agenda Item No.

Subject:

Notice of Pending Approval of Final Tract Map - TR 38228

CITY OF MURRIETA
NOTICE OF PENDING APPROVAL OF FINAL TRACT MAP - TR 38228 FOR DISCOVERY

VILLAGE LLC, A DELAWARE LIMITED LIABILITY COMPANY
NOTICE IS HEREBY GIVEN that on November 19, 2024, at 6:00 PM, or a time soon thereafter, at City Hall, 1 Town Square, Murrieta, CA 92562, the City Council shall be notified of review and approval of final map application for Tract Map 38228 (TPM 38228).

An application was filed by Discovery Village LLC, A Delaware Limited Liability Company for Tentative Tract Map No. 38228 to subdivide 55.8 acres into eight (8) parcels for residential and non-residential innovation uses. Included with the development are 18.8 gross acres for innovation use and 34.2 acres for Residential multi-family use.

Engineering staff has completed a review of the final map for conformance with the Subdivision Map Act and the Murrieta Municipal Code. Final Tract Map TR 38228 conforms to the conditions of approval and the tentative parcel map. All dedications and mitigation required in the conditions of approval have been offered and secured.

The mylars of the original final parcel map are available for review in the Engineering Department.

Any questions concerning this matter should be directed to Jeff Lyall, Sr Development Services Technician at [email protected] <mailto:[email protected]> or 951-461-6039. _____________________________
Cristal McDonald, City Clerk
Dated: November 14, 2024
CITY OF MURRIETA Printed on 11/14/2024Page 1 of 1
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891

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/19/2024
Agenda Item No.

Subject:

GOVERNING BODY ANNOUNCEMENTS - Received After Agenda Printed CITY OF MURRIETA Printed on 12/4/2024Page 1 of 1
powered by Legistar™
892

MURRIETA CITY COUNCIL
Governing Body Announcements
Mayor Pro Tem Warren
November 19, 2024
Received After Agenda Printed
11/19/2024 - Regular Meeting

GOVERNING BODY ANNOUNCEMENTS
Presentation
893
Governing Body Announcements
Mayor Pro Tem Warren
[email protected]
October 21, 2024 Volunteered at Murrieta Elementary School.

October 22, 2024 Attended the Coffee with the City of Murrieta.

October 22, 2024 Attended the Safe Family Justice Centers 25th Anniversary Annual Meeting.

October 24, 2024 Attended the State of the County Breakfast. 894
Governing Body Announcements
Mayor Pro Tem Warren
[email protected]
October 25, 2024 Attended the Meeting with Founders of Choose To Be Restored Non-Profit.

October 25, 2024 Attended the Heather Estrada Farewell Chamber Event.

October 25, 2024 Attended the Murrieta City Dark in the Park.

October 26, 2024 Was the keynote speaker at the National Charity League Leadership Summit. 895
Governing Body Announcements
Mayor Pro Tem Warren
[email protected]
October 28, 2024 Volunteered at Murrieta Elementary School.

October 28, 2024 Attended the Knolls Ladies Society Luncheon.

October 30, 2024 Attended the Economic Outlook Breakfast.

November 2, 2024 Attended the Boys & Girls Club Gala.
896
Governing Body Announcements
Mayor Pro Tem Warren
[email protected]
November 4, 2024 Volunteered at Murrieta Elementary School.

November 4, 2024 Attended Miss April’s Dance Recital.

November 7, 2024 Attended the 2024 Veterans Expo hosted by Senator Kelly Seyarto.

November 7, 2024 Attended the Professional Women’s Roundtable General Meeting. 897
Governing Body Announcements
Mayor Pro Tem Warren
[email protected]
November 7, 2024 Attended the Inland Empire Economic Partnership Awards Presentation.

November 9, 2024 Attended the Murrieta Rotary Club Field of Honor Opening Ceremony.

November 11, 2024 Attended the Murrieta Veteran’s Day Parade.

November 13, 2024 Attended the Murrieta Rotary Club Field of Honor Veteran’s Luncheon. 898
Governing Body Announcements
Mayor Pro Tem Warren
[email protected]
November 14, 2024 Attended the Murrieta/Wildomar Chamber of Commerce Networking Breakfast.

November 14, 2024 Attended the Murrieta Rotary Club Field of Honor Candlelight Ceremony.

November 15, 2024 Attended the Southwest Riverside County Association of Realtors (SRCAR) Annual Installation Awards Luncheon.

November 15, 2024 Attended the Murrieta Rotary Club Field of Honor Sponsor Reception. 899
Governing Body Announcements
Mayor Pro Tem Warren
[email protected]
November 15, 2024 Attended the Murrieta Fire & Rescue Lateral Academy Graduation.

November 16, 2024 Attended Project Touch – Shelter from the Storm.

November 18, 2024 Volunteered at Murrieta Elementary School.

November 18, 2024 Attended the Youth in Government Lunch. 900

MURRIETA CITY COUNCIL
Governing Body Announcements:

Council Member DeForest
November 19, 2024
Received After Agenda Printed
11/19/2024 - Regular Meeting

GOVERNING BODY ANNOUNCEMENTS
Presentation
901
Governing Body Announcements:

Council Member DeForest
[email protected]
October 24, 2024 Attended the State of the 3rd District.

October 25, 2024 Met with the Downtown Market Night Committee for updates.

October 26, 2024 Participated in Murrieta’s Trunk or Treat at Town Square Park. 902
Governing Body Announcements:

Council Member DeForest
[email protected]
October 29, 2024 Met at City Hall with developer on Washington Ave Property.

November 1, 2024 Attended the Murrieta Temecula Group Open Breakfast.

November 11, 2024 Participated in the Veterans Day Parade. 903
Governing Body Announcements:

Council Member DeForest
[email protected]
November 14, 2024 Met with Assistant City Manager Justin Clifton.

November 16, 2024 Attended the Field of Honor Sponsor Reception.

Various Dates Met and spoke with several community members about issues and concerns. 904
Governing Body Announcements:

Council Member DeForest
[email protected]
If you need to reach me, please feel free to contact
me via email at [email protected]
or for faster response call or text me at
(951) 323-8497
905

MURRIETA CITY COUNCIL
Governing Body Announcements:

Council Member Holliday
November 19, 2024
Received After Agenda Printed
11/19/2024 - Regular Meeting

GOVERNING BODY ANNOUNCEMENTS
Presentation
906
Governing Body Announcements:

Council Member Holliday
[email protected]
October 20, 2024 Attended the SoCal Rocktober Fest.

October 22, 2024 Attended the I-215 Holland Overcrossing Ribbon Cutting.

October 24, 2024 Attended the 2024 State of the County.

October 24, 2024 Attended the Menifee State of the City. 907
Governing Body Announcements:

Council Member Holliday
[email protected]
October 25, 2024 Attended the 4th Annual Dark in the Park.

October 26, 2024 Attended the Boys and Girls Club Our Kids Rock Event.

October 30, 2024 Attended the 2024 Economic Outlook.

November 5, 2024 Attended the 25th Anniversary Celebration of Temecula Winnelson in Murrieta. 908
Governing Body Announcements:

Council Member Holliday
[email protected]
November 7, 2024 Attended the 2024 Veterans Expo hosted by Kelly Seyarto.

November 7, 2024 Attended the Inland Empire Economic Partnership (IEEP) Awards Ceremony.

November 9, 2024 Attended the Rotary Field of Honor Opening Day Ceremony.

November 10, 2024 Attended the Rotary Field of Honor Marine Corp 249th Birthday. 909
Governing Body Announcements:

Council Member Holliday
[email protected]
November 11, 2024 Attended Murrieta's Veterans Day Parade.

November 13, 2024 Attended the Rotary Field of Honor Veterans Luncheon.

November 13, 2024 Attended the Keyhole Water/Sewer Meeting with Eastern Municipal Water District (EMWD).

November 14, 2024 Attended the Murrieta/Wildomar Chamber of Commerce Networking Breakfast. 910
Governing Body Announcements:

Council Member Holliday
[email protected]
November 14, 2024 Attended the Rotary Field of Honor Candlelight Ceremony.

November 15, 2024 Attended the Southwest Riverside County Association of Realtors (SRCAR) Installation Awards.

November 15, 2024 Attended the Murrieta Fire Lateral Academy Graduation.

November 16, 2024 Attended the Riverside County 3rd District Fall Festival. 911
Governing Body Announcements:

Council Member Holliday
[email protected]
November 16, 2024 Participated in Project TOUCH Shelter from the Storm event.

November 18, 2024 Attended the Youth in Government Lunch with Students. 912

MURRIETA CITY COUNCIL
Governing Body Announcements:

Council Member Levell
November 19, 2024
Received After Agenda Printed
11/19/2024 - Regular Meeting

GOVERNING BODY ANNOUNCEMENTS
Presentation
913
Governing Body Announcements:

Council Member Levell
[email protected]
November 16, 2024 Attended the Riverside County Sherriff Fallen Officer CrossFit Challenge. 914

MURRIETA CITY COUNCIL
Governing Body Announcements:

Mayor Stone
November 19, 2024
Received After Agenda Printed
11/19/2024 - Regular Meeting

GOVERNING BODY ANNOUNCEMENTS
Presentation
915
Governing Body Announcements:

Mayor Stone
[email protected]
October 23, 2024 Attended the SW Leaders Collaborative.

October 24, 2024 Attended the State of the County.

October 24, 2024 Attended the Menifee State of the City. 916
Governing Body Announcements:

Mayor Stone
[email protected]
October 25, 2024 Attended Murrieta’s Trunk or Treat.

October 26, 2024 Attended the Boys & Girls Club Fundraiser.

October 27, 2024 Attended the Walk of Hope.

October 30, 2024 Attended the Economic Outlook Event.
917
Governing Body Announcements:

Mayor Stone
[email protected]
October 31, 2024 Attended the Socktober Event.
918
Governing Body Announcements:

Mayor Stone
[email protected]
November 6, 2024 Attended the Loma Linda Hospital Cops For Kids Event. 919
Governing Body Announcements:

Mayor Stone
[email protected]
November 7, 2024 Attended Seyarto’s Veterans Expo.

November 7, 2024 Filmed ViewPoint.
920
Governing Body Announcements:

Mayor Stone
[email protected]
November 8, 2024 Attended the Zoom Infrastructure Funding Meeting.

November 9, 2024 Attended the Field of Honor Opening Day. 921
Governing Body Announcements:

Mayor Stone
[email protected]
November 10, 2024 Attended the Marine Corps Birthday Event.

November 11, 2024 Attended the Veteran’s Day Parade.

November 13, 2024 Attended the Field of Honor Luncheon. 922
Governing Body Announcements:

Mayor Stone
[email protected]
November 15, 2024 Attended the Meet & Greet at E. Hale Curran School. 923
Governing Body Announcements:

Mayor Stone
[email protected]
November 15, 2024 Was the keynote speaker at the Empowerment Center.

November 15, 2024 Attended the Field of Honor Sponsorship Reception. 924
Governing Body Announcements:

Mayor Stone
[email protected]
November 15, 2024 Attended the Fire Lateral Ceremony.

November 16, 2024 Attended the Court of Honor Ceremony. 925
Governing Body Announcements:

Mayor Stone
[email protected]
November 16, 2024 Attended the Project Touch Fundraiser.

November 18, 2024 Attended the City of Riverside Homeless Forum.

November 18, 2024 Attended the Student in Government Luncheon. 926
Governing Body Announcements:

Mayor Stone
[email protected]
Various Dates: Attended the Seniors Luncheon.

Attended the Hindu Church.
927

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/19/2024
Agenda Item No.

Subject:

ADJOURNMENT - Received After Agenda Printed
CITY OF MURRIETA Printed on 12/4/2024Page 1 of 1
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Adam Bouvet
5/18/74 – 10/28/24
Received After Agenda Printed
11/19/2024 - Regular Meeting

ADJOURNMENT
Presentation
929