Agenda packet — Murrieta City Council, April 21, 2026 (part 2 of 3)

10. Completely clean and disinfect all exposed surfaces of the sink. A non -abrasive cleaner shall be used on the exposed hardware. The cleaning includes the drying and polishing of all exposed hardware. After cleaning, the fixture shall present a clean, bright and shiny appearance and shall be free of all visible soil, streaks, oily smudges, residue of cleaning agents, etc.

11. All metal hardware, such as faucet valves, drain and faucets, shall be free of streaks, spots, stains, etc. Inoperable or broken fixtures shall be reported daily to supervisors. Different cloths, sponges, brushes and scouring pads shall be used to clean the sinks than the ones used for cleaning the toilets and urinals.

12. Use a germicidal detergent on all surfaces.

13. Remove soil, streaks, smudges, film etc., from the surface of the mirrors. The frame of the mirror and shelves and other adjacent areas also shall be cleaned.

Floors

14. Prior to mopping, any mats shall be lifted to remove soil underneath, and the floor surface shall be swept/vacuumed for removal of loose dirt and soil.

15. Mop the floor with a germicidal detergent solution, using a non -abrasive mop (no metal or plastic). After mopping, the floor shall have a uniform appearance free of hair, spots, spills, stains, dirt, oily film, mop strings, etc.

16. Mats shall be disinfected with a germicidal detergent solution. Any mats removed shall be replaced, with the surface dry, prior to replacement.

Paper Products Dispensers

17. At a minimum, re -supply all paper towel dispensers to their maximum level when stock is down to 40%, but do not overfill. Dispensers shall be refilled with the proper product for that dispenser (NOT just laid on top of dispenser or on top of the counter).

18. Re-supply toilet paper by placing the product in the dispenser. Replace consumed rolls and partial rolls, which appear to be down to the last 10 -15%. City is to supply Contractor with toilet paper.

19. Toilet seat cover dispensers shall be filled with a new package when empty or when less than 10 -15% of the sheets remain in the package. The dispenser interior, exterior and adjacent surfaces shall be wiped with a sanitizer to remove fingerprints and smudges when filling. City is to supply Contractor with seat covers for those facilities that have holders.
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TOWN SQUARE PARK DRESSING ROOM
11 Town Square, Murrieta, CA 92562

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20. Feminine product dispensers shall be kept stocked and the exterior cleaned as indicated above. Feminine products disposal containers shall have a waxed paper liner or similar-type product at all times, to be replaced daily or when they have been used.

21. The dispensers shall be checked for proper operation after filling and inoperable devices shall be reported daily to supervisors who in turn shall notify the City Project Manager.

Soap Dispensers

22. At minimum, soap dispensers shall be filled to within 2" of the tops with foam or liquid soap when there is 15% of product left (most dispensers have been converted to foam). The dispensers and adjacent surfaces shall be wiped with a germicidal detergent to remove fingerprints and smudges. The device shall be checked after filling for proper operation, and inoperable devices shall be reported daily. The wall and floor area under soap dispensers shall be cleaned of all soap residues.

Trash Receptacles

23. All waste receptacles and feminine product receptacles shall be emptied. Emptying includes removing the liner and disposing of it. The inside, outside, and housing of the receptacles shall be cleaned with a germicidal cleaner.

Dusting

24. Dust all light fixtures and dust air vents. Remove all dust and cobwebs.

Walls, Partitions and Doors

25. Wash all partitions on both sides from top to bottom. After cleaning the partitions, they shall be free of fingerprints, smudges, grease, soil, mildew, or stains.

Drains

26. Fill floor drains with germicidal solution, filling p-trap to alleviate sewer gas smell.

27. Monthly Service air fresheners provided by the City

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Service Agreement

Priority Building Services, LLC (hereinafter referred to as PBS) located 525 Mercury Lane, Brea, CA 92821 Murrieta Town Square Park 11 Town Square Murrieta, CA 92562 (hereinafter referred to as "Client") agree as follows:

PBS agrees to perform the services outlined in this contract under " Statement of Work (SOW)" in locations and areas set forth in this contract for payment by the Client according to the terms outlined.

Client shall be invoiced on the first day of the month for the current month’s service. Terms will be net 60. A late charge of one- and one-half percent per month shall be paid by Client to PBS for all past due invoices that are not received within 45 days of invoice.

The term of this agreement shall month to month and either party may terminate this agreement with 30 days written notice to the other party after the first 90 days of service commencement.

The rates specified in this agreement shall remain in effect for one (1) year from the commencement of services, unless the Federal or State Minimum wage is increased or there is an increase on any payroll related local, state, or federal taxes, cha rges, insurance costs and/or the negotiated wage, the cost of service per year will be increased the percentage of increase in such cost over the then current rate. Said increase in cost shall begin as of the date the cost change becomes effective.

PBS agrees to furnish all equipment, tools and other materials necessary for the performance of said duties.

Location to be serviced:

Town Square Park Dressing Room
11 Town Square Murrieta, CA 92562

The project billing to customer for janitorial services Site Frequency Charge
Town Square Park Dressing Room
11 Town Square, Murrieta, CA 92562
1 X a Month

Cost $200.00

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Service Agreement (continued)

Service levels may increase or decrease as the client’s needs may change and the price will be adjusted accordingly by the agreement of both parties.

PBS will not perform services on any legal holidays unless requested by client and it will be billed at a separate negotiated price. It is further agreed that client will not hire PBS personnel for a period of 90 days after termination of this agreement.

This Contract constitutes the entire agreement between Priority Building Services and Client and may not be varied, altered o r modified in any way except by written agreement between the parties. No oral changes in the terms of this contract or oral approval shall be permitted. This contract supersedes any and all previous agreement between the parties and any such agreeme nt is hereby canceled.

If the services of an attorney are required to enforce any provision of this agreement, the defaulting party agrees to pay th e prevailing party's reasonable attorney’s fees for any such services, including court action. In addition, if PBS must file a lawsuit to collect monies owed under this agreement, then PBS will be entitled to all monies, owed, including all of its attorney fees a nd costs relating to the collection action for all past due amounts.

Any Addenda and/or Attachments hereto by PBS shall be considered part of this Agreement and are equally binding.

Any controversy or claim arising out of or relating to this agreement, or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered may be entered in any court jurisdiction.

PBS is licensed by the State of California and this Agreement shall be construed in accordance with the laws of the State of California. The appropriate courts of Orange County shall settle any disputes arising hereunder.

AGREED AND ACCEPTED BY
Lea Kolek Priority Building Services, LLC

SIGN: _________________________________ SIGN: _______________________________ TITLE: _________________________________ TITLE: _______________________________ DATE: _________________________________ DATE: _______________________________

Start Date: _________________ ____, 2026 _______ _______

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COPPER CANYON RECREATION FACILITY
23790 VIA ALISOL MURRIETA, CA 92562

Schedule: Once each week (day TBD) after 7:00 p.m.

Description: A 3,000 square foot building consisting of two community classroom areas, a supply area, various public areas, restrooms, breakroom, and office areas

ENTRANCE AND HALLWAY

WEEKLY

Entrance Doors

1. Completely clean and sanitize both sides of both entrance doors and sidelights, including any hardware such as door handles. Spot clean both sides of the entrance door frame. After cleaning, the surfaces shall present a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc.

Entrance Mats

2. Entrance mats located in either exterior or the interior of entrances shall be vacuumed. If vacuuming does not remove the soil, mats shall be taken outside and swept with a stiff broom until all visible soil has been removed.

3. Entrance mats shall be lifted to remove soil and moisture underneath and shall then be returned to the normal location after cleaning . No entrance mat shall be placed upon a damp or wet floor surface. Outside entrance mats shall be picked up and shaken to remove sand, dirt, dust, and other debris.

Entrance Floors Inside

4. The surfaces shall be swept, vacuumed or dust -mopped prior to damp mopping to remove all loose soil and dust. All accessible areas shall be mopped to remove all soil, scuff marks, and non -permanent stains. After mopping, the floor shall have a uniform appearance with no streaks, film, swirl marks, detergent residue, mop strings or other evidence of soil . Baseboards shall be wiped to remove all splash marks.

Dusting

5. Dust all horizontal surfaces below 6 feet high, such as furniture, tables, sills, safety gates, equipment and desktops, with treated dust cloths. Remove any cobwebs. Dusting shall be completed before vacuuming, sweeping and mopping of floors.

Doors
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6. Wash, clean and sanitize doors, frames, and door handles. All surfaces shall be spot cleaned using appropriate cleaning tools and cleaning chemicals. This will include removing scuffs, marks, and dirt from all door kickplates and hardware.

Walls

7. Spot clean and remove smudges, fingerprints, pen marks, streaks, etc. from wall surfaces, including around light switches . After cleaning, the surface shall present a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc.

Windowsills

8. Clean all interior windowsill surfaces with appropriate cleaning tools.

High Dusting

9. Dust all high reach areas, including structural and furniture edges, air conditioning vents, grilles, exhaust fans, light fixtures, clocks, door tops and frames and other areas not reached in nightly or weekly services. Remove all dust and cobwebs.

RESTROOMS

WEEKLY

Toilets and Urinals

10. Completely clean and disinfect all exposed surfaces of the toilets and urinals. A non-abrasive cleaner shall be used on the exposed hardware. The cleaning includes the drying and polishing of all exposed hardware (flush valves & handicap rails).

11. All foreign material shall be removed from the urinal drain trap. A special set of sponges, cloths, scouring pads and brushes shall be maintained and used only for cleaning the urinals and toilets.

12. Remove scale, scum, mineral deposits, rust stains, etc., from the interior of toilet bowls and urinals. After cleaning, the toilet seat must be completely dried and placed in an upright position.

13. Use a germicidal detergent on all surfaces.

14. All fixtures shall present a clean, bright shiny appearance and shall be free of all streaks, spots, stains, rings, foreign material, etc., including the metal hardware.

15. Stopped-up toilets shall be plunged free of obstructions. Only if obstructions cannot be dislodged completely shall it be reported along with other inoperable or broken fixtures.

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16. The Contractor’s supervisor shall report all plumbing discrepancies to the City Project Manager.

Walls, Partitions and Doors

17. Spot clean both sides of partition walls, partition doors, and walls surrounding the urinals and toilets with disinfectant cleaner.

18. Remove any nonpermanent stains, spots, streaks and graffiti using a cloth/sponge dampened with a germicidal detergent solution. This also includes the light switches and doors, and any of the walls within the restroom.

Countertops, Sinks, and Mirrors

19. Completely clean and disinfect all exposed surfaces of the sink. A non -abrasive cleaner shall be used on the exposed hardware. The cleaning includes the drying and polishing of all exposed hardware. After cleaning, the fixture shall present a clean, bright and shiny appearance and shall be free of all visible soil, streaks, oily smudges, residue of cleaning agents, etc.

20. All metal hardware, such as faucet valves, drain and faucets, shall be free of streaks, spots, stains, etc. Inoperable or broken fixtures shall be reported daily to supervisors. Different cloths, sponges, brushes and scouring pads shall be used to clean the sinks than the ones used for cleaning the toilets and urinals.

21. Use a germicidal detergent on all surfaces.

22. Remove soil, streaks, smudges, film etc., from the surface of the mirrors. The frame of the mirror and shelves and other adjacent areas also shall be cleaned.

Floors

23. Prior to mopping, any mats shall be lifted to remove soil underneath, and the floor surface shall be swept/vacuumed for removal of loose dirt and soil.

24. Mop the floor with a germicidal detergent solution, using a non -abrasive mop (no metal or plastic). After mopping, the floor shall have a uniform appearance free of hair, spots, spills, stains, dirt, oily film, mop strings, etc.

25. Mats shall be disinfected with a germicidal detergent solution. Any mats removed shall be replaced, with the surface dry, prior to replacement.

Paper Products Dispensers

26. At a minimum, re -supply all paper towel dispensers to their maximum level when stock is down to 40%, but do not overfill. Dispensers shall be refilled with the proper 139

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product for that dispenser (NOT just laid on top of dispenser or on top of the counter).

27. Re-supply toilet paper by placing the product in the dispenser. Replace consumed rolls and partial rolls, which appear to be down to the last 10-15%. City is to supply Contractor with toilet paper.

28. Toilet seat cover dispensers shall be filled with a new package when empty or when less than 10-15% of the sheets remain in the package. The dispenser interior, exterior and adjacent surfaces shall be wiped with a sanitizer to remove fingerprints and smudges when filling. City is to supply Contractor with seat covers for those facilities that have holders.

29. Feminine product dispensers shall be kept stocked and the exterior cleaned as indicated above. Feminine products disposal containers shall have a waxed paper liner or similar-type product at all times, to be replaced daily or when they have been used.

30. The dispensers shall be checked for proper operation after filling and inoperable devices shall be reported daily to supervisors who in turn shall notify the City Project Manager.

Soap Dispensers

31. At minimum, soap dispensers shall be filled to within 2" of the tops with foam or liquid soap when there is 15% of product left (most dispensers have been converted to foam). The dispensers and adjacent surfaces shall be wiped with a germicidal detergent to remove fingerprints and smudges. The device shall be checked after filling for proper operation, and inoperable devices shall be reported daily. The wall and floor area under soap dispensers shall be cleaned of all soap residues.

Trash Receptacles

32. All waste receptacles and feminine product receptacles shall be emptied. Emptying includes removing the liner and disposing of it. The inside, outside, and housing of the receptacles shall be cleaned with a germicidal cleaner.

Dusting

33. Dust all light fixtures and dust air vents. Remove all dust and cobwebs.

Walls, Partitions and Doors

34. Wash all partitions on both sides from top to bottom. After cleaning the partitions, they shall be free of fingerprints, smudges, grease, soil, mildew, or stains.

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MONTHLY

Drains

35. Fill floor drains with germicidal solution, filling p-trap to alleviate sewer gas smell.

36. Monthly Service air fresheners provided by the City

OFFICE AREAS, PUBLIC AREAS, CLASSROOMS, SUPPLY ROOM

WEEKLY

Trash and Recycling Receptacles

37. Empty all interior waste receptacles to disposal area, along with separating recyclables, replace trash liners. Recycling materials shall not be placed in trash dumpster.

38. Transporting of trash within and from the buildings to outside trash dumpsters shall be accomplished using leak-proof plastic transports with wheel.

Carpeted Areas

39. All carpeted areas shall be vacuumed free of all visible debris at every service. Prior to vacuuming, all surface litter such as paper, gum, rubber bands, paper clips, staples, etc. shall be picked up. Furniture and trash receptacles shall be moved as necessary, to vacuum underneath, and returned to original positions.

40. After vacuuming the floor, including corners, next to baseboards, and behind doors, it shall be free of all visible litter, soil, dust, and embedded grit.

Floors (Linoleum or non-Carpeted Areas)

41. The surfaces shall be sept or dust -mopped prior to damp mopping to remove all loose soil and dust. All accessible areas shall be mopped to remove all soil, scuff marks, and non -permanent stains. After mopping, the floor shall have a uniform appearance with no streaks, film, swirl marks, detergent residue, mop strings, or other evidence of soil. Baseboards shall be wiped to remove all splash marks.

Dusting

42. Dust all horizontal surfaces below 6 feet high, such as furniture, desks, bookshelves, tables, sills, equipment and desktops with treated dust cloths and spot clean desks and tables to remove smudges, non-permanent stains, etc. Items on desktops shall be lifted, dusted and returned to the original position, by 141

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contractor, to facilitate a thorough dusting of all surfaces, with the exception of employees’ personal workspaces. Dusting shall not precede vacuuming.

Doors/Sidelights

43. Wash, clean and sanitize inside and outside of supply or office doors, frame, and door handles using appropriate cleaning tools and cleaning chemicals . This will include removing scuffs, marks, and dirt from all door kick plates and hardware.

Clean the inside and outside of the sidelight windows in the three (3) Study Rooms.

Lights

44. Turn off all lights if suite is not occupied.

Floors

45. Corners and baseboards of all carpeted floors shall be vacuumed with detail tools.

Study Room White Boards

46. Clean all white boards with a special dry erase board cleanser and cloth if applicable.

High Dusting

47. Dust all high reach areas, including structural and furniture edges, air conditioning vents, grilles, exhaust fans, light fixtures, clocks, door tops and frames and other areas not reached in nightly or weekly services. Remove all dust and cobwebs.

KITCHEN AND KITCHENETTE (BREAKROOM)

DAILY

Floors

48. The surfaces shall be swept prior to damp mopping to remove all soil, food and dust including the lifting of any mats. All accessible areas shall be mopped to remove all soil, scuff marks, and non-permanent stains.

49. After mopping, the floor shall have a uniform appearance with no streaks, film, swirl marks, detergent residue, mop strings or other evidence of soil . Baseboards shall be wiped to remove all splash marks.

Walls and Doors

50. Spot clean and remove smudges, fingerprints, pen marks, streaks, etc. from wall and door surfaces, including around light switches and door frames. After cleaning, the surface shall present a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc.
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Trash and Recycling Receptacles

51. All waste receptacles, recycling containers, and other trash containers within the building shall be emptied, sanitized, and have a new liner installed each night and be returned to their initial locations.

52. Trash and recyclables (except the three (3) large, green recyclables bins in main kitchen) shall be separately transported and emptied into designated containers (e.g. recycling goes into recycling container and trash goes into trash containers).

53. Carry or roll all trash/recycle containers to exterior Dumpster and dispose trash/recycle into Dumpster . Do not drag trash bags. Liquid leaking from plastic bags being moved from trash receptacles shall be immediately cleaned.

Tables, Chairs, Cabinets, Countertops and Sinks

54. Completely clean and disinfect all exposed surfaces of the tables, chairs, cabinets, countertops and sinks using a germicidal detergent. A non-abrasive cleaner shall be used on the exposed hardware.

55. The cleaning includes the drying and polishing of all exposed hardware. After cleaning, the fixture shall present a clean, bright and shiny appearance and shall be free of all visible soil, streaks, oily smudges, residue of cleaning agents, etc. All metal hardware, such as faucet valves, drain and faucets, shall be free of streaks, spots, stains, etc. Inoperable or broken fixtures shall be reported daily to supervisors.

Countertops and Sinks

56. Clean, disinfect and polish all sinks and counters.

Walls and Doors

57. Spot clean and remove smudges, fingerprints, pen marks, streaks, etc. from wall and door surfaces, including around light switches and door frames.

58. Spot wash walls behind and around trash receptacles. After cleaning, the surface shall present a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc.

59. The interior, exterior, and housing of trash and recycling receptacles, and walls next to the receptacles, shall be damp-wiped to remove soil. Wet spills on the interior of wastebaskets shall be cleaned and dried.

Appliances
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60. Thoroughly clean, sanitize, and disinfect all exterior surfaces of refrigerators and inside and outside of microwaves. Outside surfaces shall present an overall clean appearance.

High Dusting

61. Dust all high reach areas, including structural and furniture edges, air conditioning vents, grilles, exhaust fans, light fixtures, clocks, door tops and frames and other areas not reached in nightly or weekly services. Remove all dust and cobwebs. 144
145
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EXHIBIT B

SCHEDULE OF COMPENSATION
Payment Rates and Schedule

BUILDING ADDRESS MONTHLY
COST
City Hall 1 Town Square
Murrieta, CA 92562 $4154.27
Fire Administration 41625 Juniper Street
Murrieta, CA 92562 $1224.53
Fire Training Rooms 41625 Juniper Street
Murrieta, CA 92562 $276.03
Library 8 Town Square
Murrieta, CA 92562 $3,408.73
Police Department 2 Town Square
Murrieta, CA 92562 $4,616.70
Law Enforcement
Annex
28155 Baxter Rd.

Murrieta, CA 92563 $255.49
Public Works
Maintenance Office
41625 Fig Street
Murrieta, CA 92562 $127.74
Murrieta Innovation
Center
26442 Beckman Court
Murrieta, CA 92562 $561.90
Senior Center 6 Town Square
Murrieta, CA 92562 $2,705.85
Teen Center 40644 Cal Oaks Road
Murrieta, CA 92562 $2,122.45
Community Center 41810 Juniper St
Murrieta CA 92562 $2,375.11
Alderwood Park &
Community Center
28622 Baxter Rd
Murrieta, CA 92563 $2,061.13
Murrieta Public
Restrooms
Various $2,593.42
Copper
Canyon
Recreation
Facility
23790 Via Alisol
Murrieta, CA 92562 $350.00
Town Square
Park
Dressing
Room
11 Town Square
Murrieta, CA 92562 $200.00
TOTAL: $27,033.35

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 7.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Gretchen Sedlacek, Assistant Management Analyst SUBJECT:

Western Municipal Water District Funding Support for the Carol Carson Garden of Verses at the Murrieta Public Library

ABSTRACT
The Murrieta Public Library seeks to partner with Western Municipal Water District (Western Water) to secure funding for the design, installation, and ongoing maintenance of a demonstration landscape as part of the Library expansion project. Staff recommends that the City Council approve the Memorandum of Understanding (MOU) outlining Western Water’sfunding support, authorize the City Manager to execute all necessary documents, and approve an amendment to the Fiscal Year 2025/26 Capital Improvement Plan budget.

RECOMMENDATION
Approve the Memorandum of Understanding between Western Water District and the City of Murrieta, which provides funding support in an amount not to exceed $85,000, on a reimbursement basis; Authorize the City Manager and/or designee to execute all necessary documents to facilitate the project; and Authorize an amendment to the Fiscal Year 2025/26 Capital Improvement Plan Budget as detailed in the fiscal impact statement.

PRIOR ACTION/VOTE
None.

STRATEGIC ALIGNMENT
The City Council’sgoal of planning, programming and creating infrastructure development is associated with this Tier 1 project.

DISCUSSION
Western Water District is offering a partnership with the City of Murrieta (City) for funding support for a CITY OF MURRIETA Printed on 4/16/2026Page 1 of 2
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4/21/2026
Agenda Item No. 7.

Western Water District is offering a partnership with the City of Murrieta (City) for funding support for a demonstration landscape as part of the library expansion project. As part of this partnership, Western Water will provide cost-sharing to the city to transform non-functional turf into a highly visible and accessible example of an appropriate climate landscape.

The City will install a water-wise landscape using California native plants endemic to the Murrieta service area.

The city will use the water-wise landscaping as an educational tool for Library patrons. The project will focus on sustainability and water-efficient gardening, mitigating the growing threats to diminishing pollinator populations, and creating an equitable opportunity for all community members to better understand their environment and the impact of pollinators.

By proactively replacing non-functional turf with water-efficient landscaping, the City ensures compliance with the upcoming AB 1572 regulations while contributing to the State Board's broader water conservation goals.

In addition, Western has also helped to facilitate a partnership with Metropolitan Water District for a turf removal rebate which will be applied toward the new landscaping in the garden as part of the Library expansion project. The anticipated value of this funding is $61,686.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

FISCAL IMPACT
Staff recommends that the City Council authorize an amendment to the Fiscal Year 2025/26 Capital Improvement Plan budget in GL 3110050-47815 JL 21027311 to increase the revenue budget by an amount not to exceed $85,000 on a reimbursement basis, and an expenditure appropriation in GL 3117500-70000 JL 21027311-500 for $85,000.

ATTACHMENTS
ATT 1 - Memorandum of Understanding between Western Municipal Water District and the City CITY OF MURRIETA Printed on 4/16/2026Page 2 of 2
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01375.0023 2062908.1

MEMORANDUM OF UNDERSTANDING

BETWEEN

WESTERN MUNICIPAL WATER DISTRICT
AND

CITY OF MURRIETA

This Memorandum of Understanding (“MOU”) is made and entered into as of [Insert Date], by and between the Western Municipal Water District (“Western Water”) and the City of Murrieta (“City”). Western Water and the City are referred to herein individually as “Party” and collectively as “Parties.” This MOU sets forth the terms and understanding between Western Water and the City for funding support related to the design, installation, and proper maintenance of the mutually-approved water conserving landscape and interpretive signage at the City of Murrieta Public Library located at 8 Town Square in Murrieta, CA 92562 (“Project Site”).

RECITALS
Assembly Bill 1572 (AB 1572) was approved in September 2023, setting a significant milestone in California's water conservation efforts. Effective January 1, 2027, this legislation will prohibit the use of potable (drinking) water for irrigating non-functional turf at public agency sites. The regulation encourages the transition to more sustainable landscaping and irrigation practices, requiring businesses and organizations, public and private, to replace traditional grass with water-efficient alternatives.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED:

TERMS

1. PURPOSE
This MOU’s purpose is to outline general and provisional terms agreed to by both Parties regarding their intent to work together to construct improvements.
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The City is partnering with Western Water for funding to support the design, installation, and proper maintenance of a demonstration landscape at the Project Site (“Project”). As part of this partnership, Western Water, at its sole discretion, will provide cost-sharing to the City to transform the designated square footage of non-functional turf into a highly visible and accessible example of a climate-appropriate landscape. Western Water will partner with the City so that Western Water's customers and members of the public can freely experience and learn more about our region's water supply, the importance of climate-appropriate landscapes, and proper maintenance and care. The Parties agree to partner on a defined project to make select improvements and establish future public educational opportunities.

2. CITY OF MURRIETA’S OBLIGATIONS
In the furtherance of Western Water's stated goals, the City will contribute: (1) a highly visible and accessible public site, (2) project management, (3) a professional water-efficient landscape design with interpretive signage for Western Water’s review and approval within 90 days of MOU execution, (4) project completion within 365 days of the MOU execution, and (5) ongoing proper maintenance and care of the site per Western Water or its consultant’s recommendations for a term no less than five years from the project completion date.

3. WESTERN WATER’S OBLIGATIONS
Western Water will partner with the City to promote the site and, at its sole discretion, may support on-site programming, where desired. Partnership roles, responsibilities, and mutually agreed upon timeline modifications, if applicable, are further detailed in Exhibit A - Scope of Work (“Exhibit A”) which is attached hereto and incorporated herein by reference.

4. FUNDING
Western Water will provide funding support for the Project in an amount not to exceed $85,000, on a reimbursement basis, subject to the submission of purchase receipts and proof of work. Funding is comprised of the various sources and reimbursement is subject to meeting all Western Water and third-party eligibility requirements, further detailed in Exhibit B – Funding Sources and Eligibility Requirements (“Exhibit B”), which is attached hereto and incorporated herein by reference.
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01375.0023 2062908.1 3
Western Water shall have no obligation to the City for additional funding beyond these amounts.

5. INDEMNIFICATION
To the fullest extent permitted by law, the City shall defend, indemnify and hold Western Water, its officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of the City, its officials, officers, employees, subcontractors, consultants, or agents in connection with the City’s performance of its obligations under this MOU, including, without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses. The only limitation on the foregoing indemnity obligation shall be for claims caused by the sole negligence or willful misconduct of Western Water.

6. TERM
This MOU will become effective upon signing by both authorized representatives from Western Water and the City and will remain in effect for five years thereafter unless mutually terminated by the Parties. Either party may terminate by providing written notification of their intent to terminate 90 days in advance. Upon termination, Western Water shall not provide any further funding under this Agreement, except Western Water shall provide payment to the City for any purchase receipts or invoices submitted to Western Water prior to the date of termination. This term may be extended by amendment.

7. AMENDMENT
This MOU may be modified by mutual consent of authorized representatives from Western Water and the City.

8. AUTHORIZED REPRESENTATIVE/ NOTICE
Notices under this MOU shall be given in writing, by personal delivery, or first class mailed, addressed to the Party’s authorized representative:

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Western Municipal Water District
Michelle Adams, Customer Experience Manager
14205 Meridian Pkwy
Riverside, CA 92518
951.571.7266
[email protected]

City of Murrieta
Justin Clifton, City Manager
1 Town Square
Murrieta, CA 92562
951.304.2489
[email protected]

9. CHANGES OR MODIFICATIONS
No part of this MOU may be modified, altered, amended, waived, or changed without the express written consent of the Parties hereto.

10. NO THIRD-PARTY BENEFICIARIES
This MOU is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this MOU.

11. ASSIGNMENT
This MOU shall not be assigned by either Party, either in whole or in part, without the prior written consent of the non-assigning Party. Any assignment or purported assignment of this MOU without the prior written consent of the non-assigning Party will be deemed void and of no force or effect.

12. ENTIRE AGREEMENT
This MOU embodies the entire agreement between the Parties hereto in relation to the subject matter hereof, and no other agreement or understanding, verbal or otherwise, relative to this subject matter exists between the Parties at the time of execution of this MOU. [SIGNATURE PAGE TO FOLLOW]
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01375.0023 2062908.1 6

SIGNATURE PAGE TO

MEMORANDUM OF UNDERSTANDING

BETWEEN

WESTERN MUNICIPAL WATER DISTRICT
AND

CITY OF MURRIETA

IN WITNESS WHEREOF, the parties have approved the execution of this MOU by their duly authorized representatives, this ____ day of ________, 2025.

____________________________________ ____________________________________ Craig D. Miller Justin Clifton General Manager City Manager
Western Municipal Water District City of Murrieta

155

01375.0023 2062908.1 7

EXHIBIT A

SCOPE OF WORK
The City of Murrieta (“City”) will install a water-wise landscape using California native plants endemic to the Murrieta service area. The garden will be developed on a publicly accessible site where 6,598 square feet of non- functional living turf grass will be removed and replaced with a water-wise landscape.

The publicly accessible Project Site serves a large population of residents along with six schools, within a two-mile radius.

BACKGROUND
The City will use the water-wise landscaping as an educational tool for Library patrons. The project will focus on sustainability and water-efficient gardening, mitigating the growing threats to diminishing pollinator populations, and creating an equitable opportunity for all community members to better understand their environment and the impact of pollinators.

PARTNERSHIP ROLES AND RESPONSIBILITIES
The execution of this project will include the following:
• Landscape design: The City will provide a comprehensive landscape design for the project to be reviewed and approved by Western Water and The Metropolitan Water District of Southern California (Metropolitan) in alignment with the requirements of the SoCal WaterSmart Public Agency Turf Replacement Rebate Program. • Turf rebate assistance: Western Water will assist the City in submitting a turf replacement rebate application through Metropolitan’s SoCal WaterSmart Public Agency Turf Replacement Rebate Program. • Turf removal: The City will remove 6,598 square feet of living turf grass and other high-water-use landscaping. The City will hire a contractor to oversee the project, ensuring all turf is removed according to the specifications.
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01375.0023 2062908.1 8
• Water-efficient planting: The City will prepare, purchase, and plant new water-efficient plants and acquire all necessary plants and materials to complete this phase of the project.
• Irrigation installation: The City will install a new water-efficient irrigation system and manage the installation process to ensure optimal water conservation.
• Landscape maintenance: The City will maintain the new landscape to ensure its health and sustainability after the project is completed. • Compliance and reporting: The City is responsible for ensuring that the project adheres to third-party funding requirements, local ordinances, environmental regulations, and water conservation goals.

The City will provide Western Water with regular updates on the project's progress.
• Final project report: Within 30 days of project completion, the City will submit a final project report to Western Water. This report shall include photo and written documentation detailing the work completed, water savings achieved, financial expenditures, and other relevant data. • Community and public engagement: The City is responsible for operating and managing any community or public engagement events related to this project. At its sole discretion, Western Water may choose to collaborate on joint public outreach or community engagement efforts to promote the project and subsequent programming. This may include signage, outreach, or community events to highlight the project's water-saving benefits. These outreach and engagement efforts, if agreed to by Western Water, shall be further detailed in separate, written, and executed agreements between the Parties.

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EXHIBIT B

FUNDING SOURCES AND ELIGIBILITY
Western Water will provide funding support for the Project detailed in Exhibit A, in an amount not to exceed $85,000. Funding will be provided on a reimbursement basis, subject to the submission of purchase receipts and proof of work.

Funding reimbursement is contingent upon Metropolitan Water District of Southern California Member Agency Administered Program Funding approval (“Exhibit C”), and is subject to meeting all Western Water and third- party eligibility requirements.

Western Water shall have no obligation to the City for additional funding beyond these amounts, and/or for purchases and/or completed work not previously defined.

Funding Source Details
• Up to $35,000 from the Metropolitan Water District of Southern California’s (Metropolitan) Member Agency Administered Program, contingent upon approval and allocation by Metropolitan. • Western Water retail agency contributions on behalf of:
o Rancho California Water District ($25,000)
o Elsinore Valley Municipal Water District ($25,000)

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Addendum 22 – July 2024 Commercial Program
Member Agency Administered Project Pre‐Approval Request MWD‐Funded/Member Agency Administered Incentive Program Member Agency must obtain Metropolitan’s written pre‐approval for all projects prior to implementation and invoicing.

Project Type:  Device‐based  Customized with documented water savings
 Customized with non‐
documented water savings
Member Agency: Western Municipal Water District Agreement Number: 66664 Retail Agency:Western Municipal Water District Contact Name: Kenneth Smith Project Title: Landscape Transformation Assistance Program: Murrieta Library Contact E‐Mail Address: [email protected] Project Start Date / End Date 12/1/2025 - 6/30/2026 Contact Phone Number 951-571-7270 Total Estimated Project Cost: $35,000 Estimated Portion of MAAP Funding for this Project $ 35,000
Project Description: This is a request for Western Water to assist the City of Murrieta with their library landscape transformation project at Murrieta Library. 6,598 sqft of turf is to be removed from around the library. Assistance services provided for this project are estimated: Signage - $6,815 Videograph/Photography - $4,500, project management $23,685.

Costs are based on project area (sqft)
Additional information to include for Customized with documented water savings and Customized with non‐documented water savings:

Landscape transformations provide value to the region in several ways. Demonstration that a non-turf landscape can be beautiful. It showcases a living landscape that provides for our local birds, butterflies and other pollinators. It will save an average of 40-60 gallons of water per square foot.

Low-income areas need projects like this to provide an example of the difference that can be made in just one landscape. It will encourage customers to take advantage of any and all local rebates.

I certify that the information provided in this request is accurate and in accordance with guidelines provided in this Agreement and understand that Metropolitan must approve this request prior to Member Agency seeking reimbursement from Metropolitan for this project. By signing, Member Agency agrees to these terms.

Member Agency Western Municipal Water District
Michelle Adams 11/03/2025
Authorizing Signature General Manager / Designee Date
Metropolitan
Use Only: Date received Approved by
Authorization No.
11/3/2025 P.E.

MET #165

EXHIBIT C

METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA

MEMBER AGENCY ADMINISTERED PROGRAM FUNDING APPROVAL
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 8.

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

Periodic Review of Development Agreement No. DA-2018-1631 (Ord. No. 569-01) Between the City of Murrieta and Pulte/BP Murrieta Hills, LLC

ABSTRACT
The City entered into Development Agreement 2018-1631 (DA) for the development of the Murrieta Hills Specific Plan area. This report summarizes the property owner’sprogress to date in implementing the specific plan relative to the DA.

RECOMMENDATION
Receive and file an annual report for the Development Agreement; and Find and determine that the Owner of the Murrieta Hills Specific Plan area is complying in Good Faith with the terms and conditions of the Development Agreement for the 12-month Period of January 2025 to January 2026.

PRIOR ACTION/VOTE
On November 16, 2021, the City Council approved a DA between the City of Murrieta and Pulte/BP Murrieta Hills LLC (Applicant).

STRATEGIC ALIGNMENT
The City Council’s goal of maintaining a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency is associated with this administrative priority.

DISCUSSION
The City of Murrieta (City) is authorized by state law and the Murrieta Municipal Code to enter into Development Agreements (DA). Development Agreements provide certainty to applicants and public agencies, especially for projects with long build-out periods due to their size and/or complexity. Included in the Development Agreement process is a requirement for an annual report to document a project’sprogress in CITY OF MURRIETA Printed on 4/16/2026Page 1 of 3
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Agenda Item No. 8.
meeting the objectives of the approved agreement.

Summary
In 2021, the City entered into a DA with the Applicant for the Murrieta Hills Specific Plan Amendment (Project) by adopting Ordinance No. 569-21. The City Council approved the Project to permit and construct 750 dwellings (522 single-family lots/228 multi-family units), 13 acres for mixed-use, 18 acres for commercial use, and a five (5) acre public park on 972 acres. The effective date of the DA was January 6, 2022, and it expires in 2042.

Background
The major DA deal points are as follows:
· Initial Term of 10 years; plus, two (2) automatic time extensions of five (5) years each. · Developer to dedicate right-of-way for Keller Road/I-215 Interchange Project (approx. 4.2 acres).
· Allowance for change in the number of lots (increase or decrease of up to 10%) for a maximum of 750 units.
· Time extensions for the Tentative Tract Map shall be approved to the maximum allowed as per the Subdivision Map Act. A two-year extension was recently granted. · DIF Fees are per the Vesting Date (“earliest date upon which any application for any Existing Development Approval was deemed complete”).
· No requirement for affordable housing units.
· City to cooperate with the Regional Conservation Authority (RCA) regarding MSHCP fee/credit. · City to expedite review of Tentative Map, Final Map, Development Plans, building permits, and inspections.
· City to consider exercising eminent domain for off-site McElwain Road right-of-way, if necessary.
· City to cooperate with Eastern Municipal Water District to implement a Community Facilities District (CFD).
· Developer to form Community Facilities District (CFD) for fire protection services (e.g., CalFire).

Summary of Improvements Completed to Date
The Applicant has been focusing on submittal and review for its mass grading permit and street improvement plan, both of which are in process. No physical improvements have been constructed to date. However, staff is working with the Applicant on condition satisfaction.

Attachment 1 lists all the activities the Owner believes demonstrate its good-faith compliance with the Development Agreement. The information submitted by the Owner provides the City Council with sufficient information to determine whether the Owner has complied with the terms and conditions of the Development Agreement for this period. A copy of the DA is on file with the City Clerk’s Department.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the CITY OF MURRIETA Printed on 4/16/2026Page 2 of 3
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and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.

FISCAL IMPACT
There is no fiscal impact associated with this report. Pursuant to the City’sDevelopment Code the Applicant has deposited funds with the City to cover the cost of this review.

ATTACHMENTS
ATT 1 - Murrieta Hills DA Compliance Matrix 2025-2026 Reporting Year CITY OF MURRIETA Printed on 4/16/2026Page 3 of 3
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix DA Section Description Date Completed
1 Definitions. Noted. N/A
2 Term. The term of this Agreement (the "Term") shall commence upon the Effective Date and continue for an initial term often (10) years, plus two (2) automatic extension of five (5) additional years each if reasonably necessary for the successful development of the Project and if Owner is not in default under this Agreement. Any development, construction, operation or use in connection with the Project that is initiated within the Term by the submittal of an application by or on behalf of Owner shall be deemed to comply with this Agreement.

Exp: 01/05/32
3 Annexation as a Condition Precedent.

Although this Agreement shall be executed and recorded following the effective date of the Development Agreement Ordinance, final approval of the Annexation by LAFCO shall be a condition precedent to this Agreement becoming valid, effective, and enforceable by the Parties.

The effective date of the Development Agreement is the date of annexation into the City.

LAFCO approved annexation of the Specific Plan area into the City of Murrieta on 12/07/22 by LAFCO Resolution 23-22 (Recording Number 2022-0493989). The pre- annexation development agreement (DA 2018-1631) dated January 6, 2022, was recorded on May 30, 2024 (Document Number: 2024-0156969). The City Council of the City of Murreta approved the Development Agreement by Ordinance No. 569-01, which was adopted on December 7, 2021. The vesting date is January 6, 2022. 12/7/2022
4 Termination.

This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the Term;
(b) Completion of the Project in accordance with the Project Approvals and the City’s issuance of all required occupancy permits and acceptance of all dedications and improvements required under the Project Approvals and this Agreement;
(c) As for any specific lot containing a residential dwelling or other structure within the Project, this Agreement shall be terminated as to such lot upon the issuance by City of a certificate of occupancy for the dwelling or other structure constructed thereon;
(d) Entry of final judgment or issuance of a final order directing City to set aside, withdraw, or abrogate City’s approval of this Agreement or any material part of the Project Approvals; (e) The effective date of a party’s election to terminate the Agreement as provided in Section 24 of this Agreement; or
In the event of a termination of this Agreement with respect to any portion of the Project, any then-existing rights and obligations of the parties with respect to such portion of the Project shall automatically terminate and be of no further force, effect or operation. No termination of this Agreement with respect to any portion of the Property or Project shall affect in any way the parties’ rights and obligations hereunder with respect to any other portion of the Property or Project. In no event shall the expiration or termination of this Agreement result in any expiration or termination, without further action of City, of any Development Approval then in existence.

The Project is undergoing condition satisfaction and is currently consistent with the terms of the Agreement.

Response
Pulte applied for an extension of time for TTM 35853,
which was approved by the City on February 18, 2025, under time extension application (EXT-2024-00015).

The new expiration date of the Tentative Tract Map
is January 5, 2032.
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix 5 Vested Right to Develop.

Owner shall have a vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals, and other Applicable Law.

Nothing in this Section shall be deemed to eliminate or diminish the requirement of Owner to obtain any Subsequent Approvals required by law.

The permitted uses of the Property; the density and intensity of use of the Property; the maximum height, bulk and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in this Agreement, the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals.

The rules, regulations, official policies, standards and specifications applicable to the Project shall be those set forth in this Agreement and the Project Approvals, and, with respect to matters not addressed by this Agreement or the Project Approvals, those rules, regulations, official policies, standards and specifications (including City ordinances, resolutions and codes) governing permitted uses, building locations, timing of construction, densities, design, heights, fees, exactions, and taxes in force and effect on the Vesting Date of (collectively, the "Applicable Laws"), as further defined in Section 1(b) of this Agreement. It is expressly understood by the Parties that Applicable Laws do not include TUMF fees. In the event of a discrepancy between ordinances, rules, regulations and official polices and the Project Development Approvals, the Project Development Approvals shall govern the development standards of the Project.

The Project is undergoing condition satisfaction and is currently consistent with the terms of the Agreement.
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix 8 Changes in Applicable Laws.
a. Non-Application of Changes in Applicable Laws. Any change in, or addition to, the Applicable Laws, including, without limitation, any change in any applicable general or specific plan, zoning ordinance or building regulation adopted or becoming effective after the Vesting Date, including, without limitation, any such change by means of ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council or Planning Commission or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project (collectively, a “New Law”) and which would conflict with the Development Plan, including this Agreement or the Project Approvals, shall not be applied to the Project or the Property unless such changes represent an exercise of the City's Reserved Powers (as defined herein) or are otherwise expressly allowed by this Agreement or consented to in writing by Owner. Without limiting the generality of the foregoing, and except as provided otherwise in this Agreement, any New Law shall be deemed to conflict with the Applicable Laws if it would reduce the development rights provided hereby, or if it would create any of the following results, either by specific reference to the Project or as part of a general enactment which applies to or affects the Project:
(i) Change any land use designation or permitted use on the Property allowed by the Entitlements or limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the total number of residential dwelling units, square footage, floor area ratio, height of buildings, or the number of proposed non-residential buildings or other improvements; (ii) To the extent that public utilities are to be provided by the City under this Agreement, City agrees not to limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) necessary to serve the Project;
(iii) Limit or control the rate, timing, phasing, or sequencing of the approval, development or construction of all or any part of the Project in any manner that could result in having to substantially delay construction of the Project or require the issuance of additional permits or approvals by the City other than those required by Applicable Law; or The Project is undergoing condition satisfaction and is currently consistent with the terms of the Agreement.
9 Timing of Development and Phasing.

Except as set forth in Agreement, regardless of any future enactment, by initiative, or otherwise, Owner shall have the discretion to not develop the Property, or to develop the Property in one phase or in multiple phases at such times as Owner deems appropriate within the exercise of its subjective business judgment. In acknowledgement of the holding in Pardee Construction Company v. City of Camarillo, 37 Cal. 3d 465 (1984) the Parties specifically agree that Owner shall be entitled to apply for and receive permits, maps, occupancy certificates, and other entitlements to develop and use the Property at any time during the term of this Agreement, provided that such application is made in accordance with this Agreement and the Applicable Regulations. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. Notwithstanding any other provision of this Agreement to the contrary, in no event is Owner obligated by the terms of this Agreement or the other Development Approvals to affirmatively act to develop all or any portion of the Project, pay any sums of money (with the exception of any assessment district or other public finance district lawfully formed to include the Property), dedicate any land, indemnify any party, or otherwise meet or perform any obligation with respect to the Property, except and only as a condition of development of any portion of the Property.

The Parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.
b. Project Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in any Development Approvals. In the event Owner finds that a change in the Existing Development Approvals is necessary or appropriate, Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Applicable Laws, except as otherwise provided by this Agreement. If approved, such change in the Existing Development Approvals shall be incorporated herein by this reference and shall be added to the list of Existing Development Approvals set forth on Exhibit "B," as may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City’s reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and shall not require an amendment to this Agreement provided such change does not:
(i) Alter the permitted uses of the Property as a whole; or, (ii) Increase the density or intensity of use of the Property as a whole; or, (iii) Increase the maximum height and size of permitted buildings; or, (iv) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole, except where such deletion is authorized under the Development Plan; or, (v) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to CEQA.

This Agreement may be amended or canceled in whole or in part only by mutual consent of the Parties in the manner provided for in Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each Party hereto. This provision shall not limit the City’s or Owner’s remedies as provided by Section 24. Where a portion of Owner’s rights or obligations under this Agreement have been transferred pursuant to Section 14 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such assignee/transferee.

As of February 2026, Pulte is actively working on submittals and plan check review of the first mass grading permit with City staff. Initial land development activities will commence following issuance of permit.
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix 12 Final Lotting.

The total number of units within any of the individual residential villages shall be permitted to increase or decrease between the tentative and final residential lot subdivision maps, subject to the limitations set forth in this Section.

The City shall give its approval for such minor modifications, by determining that the final map is in substantial conformance with the approved tentative map, so long as all of the following criteria are satisfied in the reasonable judgment of the City Engineer:
(a) The increase or decrease is within 10 percent of the total number of units assigned to the individual residential village by the approved tentative subdivision map.
(b) The increase or decrease is consistent with the goal, policies and requirements of the General Plan, Specific Plan, and this Agreement.
(c) The increase or decrease does not modify street configurations or lot depths to the extent that the final map is no longer in substantial conformance with he approved tentative map or result in modification to any lot lines conditioned to remain fixed by the tentative map.
(d) The increase or decrease does not result in any new or substantially more severe significant adverse environmental impacts beyond those identified in the EIR. (e) The increase or decrease does not result in modification to conditions of the approved tentative map. (f) The increase or decrease does not result in the total number of units within the Project exceeding 750.

The precise process and requirements for approval of any increase or decrease in units shall not violate Applicable Law.

In accordance with Government Code Section 66452(a)(1), all tentative subdivision maps and tentative parcel maps, whether vesting or not, which may be approved by the City in connection with development of the Project, shall be extended for the greater period of (a) the Term of this Agreement, including any extensions thereof, or (b) such maximum total time as is permitted in accordance with the State Subdivision Map Act (Government Code Sections 66410 et seq.) and Applicable Law.

Pulte processed an application for an extension of time for TTM 35853, which was approved by the City on February 18, 2025, (EXT-2024-00015). The new expiration date of the map is January 5, 2032.

Exp: 01/05/32
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix 14 Assignment.
a. Right to Assign. The Owner shall have the right to sell, transfer, or assign this Agreement in whole or in part to Pulte Home Company, LLC, a Michigan limited liability company and manager of Owner, as well as to any person, partnership, joint venture, limited liability company, firm or corporation acquiring an interest or estate in the Property, or any portion thereof (each, a “Transferee”), for financing purposes or to the extent such sale, transfer or assignment does not cover more than 50% of the Property (or in the event such sale, transfer or assignment does cover more than 50% of the Property, if Owner maintains management control over all such portion of the Property) at any time during the Term of this Agreement, without the prior written consent of the City. Any other sale, transfer, or assignment of this Agreement other than as set forth in the immediately preceding sentence shall require the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. Any sale, transfer or assignment shall include the assignment and assumption of the rights and duties set forth herein, and shall be made in compliance with the following conditions precedent:
(i) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a portion of the Property. Any partial transfer hereunder shall be in full compliance with the City’s subdivision requirements. (ii) Concurrent with any such sale, transfer or assignment the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in substantially the form attached hereto as Exhibit C, by Owner and the Transferee, and providing therein that the Transferee expressly and unconditionally assumes all the duties and obligations of the Owner under this Agreement as to the Property or portions of the Property transferred (the Assignment and Assumptions Agreement). The Assignment and Assumption Agreement shall also provide (i) that the Transferee has the vested rights to improve the portion of the Property acquired, pursuant to the terms and conditions of this Agreement, (ii) the address for Transferee for any notices to be given hereunder, and (iii) any other matter deemed by Owner to be necessary or appropriate in connection with the transfer or assignment. Any sale, transfer, or assignment not made in compliance with the foregoing conditions shall constitute a default by the Owner under this Agreement. b. Release of Transferring Owner . Upon approval by the City of the executed Assignment and Assumption Agreement, Owner shall be released from all obligations under this Agreement and the Project Approvals, solely as The Project is undergoing condition satisfaction and is currently consistent with the terms of the Agreement.
15 Public Improvements. Owner shall be required to construct or cause to be constructed those public improvements ("Public Improvements") necessary to serve the Project and as set forth in the Development Approvals only to the extent Owner actually constructs, or causes to be constructed, the Project. The Parties understand and agree that the Public Improvements, once constructed, will provide local and regional benefits to the City and the surrounding areas. Said Public Improvements shall be constructed in accordance with applicable City standards, or the standards of any other public agency having jurisdiction, existing as of the Vesting Date, to the satisfaction of the City Engineer, and in compliance with the Subdivision Map Act, including provisions requiring the posting of security.

As part of the off-site improvements for the Project, Pulte will dedicate approximately 4.2 acres of right-of-way for the Keller Road/I-215 Interchange Project. As of February 2026, Caltrans is finalizing the Draft EIR for the Project and is still actively pursuing entitlement approvals.
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix 16 Permit Conditions and Exactions. Notwithstanding anything to the contrary in the Development Approvals, the Development Impact Fees, user fees, linkage fees, assessments, charges, general or special taxes, municipal financing, land dedication requirements, fees and charges for on-site and off-site (i) storm drains and flood control facilitates, (ii) roads and bridges, (iii) park and recreation facilitates, (iv) water system mainlines and storage reservoirs, (v) treatment plant capacity, and (vi) traffic signals and improvements, as well as all other categories of exactions or conditions to development (collectively referred to as “Development Exactions”) which may be imposed by the City pursuant to any subdivision and/or land use application or which are related in any manner to development of the Property are limited throughout the first fifteen (15) years of the Term (including the initial 5-year extension, if applicable) to those Development Exactions currently adopted by the City, as of the Vesting Date (“Permitted Exactions”). City agrees that at the time of approval of tentative tract maps and parcel maps, or amendments to or modifications thereof or at the time of the granting other approvals (whether discretionary or ministerial) or issuing any permits, it shall impose Permitted Exactions only during the first fifteen (15) years of the Term. Notwithstanding the above, this section shall not apply to TUMF fees. 17 Payment of Development Impact Fees for the Project. Owner shall pay the City's Development Impact Fees in effect as of the Vesting Date ("DIF"), which are attached hereto as Exhibit "D," subject to any applicable fee credits approved by the City for Public Improvements included in the City's DIF that are constructed by Owner and that exceed Owner's fair share of said improvement. Except as expressly provided in this Agreement, during the initial 15 years of the Term (including the first 5-year extension, if applicable), Owner shall have no obligation to participate in, pay, contribute to, or otherwise provide, as a condition or exaction of any permit or other Subsequent Development Approval by City, any new development or impact fee of any kind, however described or defined, adopted or imposed by the City, that was not in effect as of the Vesting Date. Without limiting the foregoing, Owner shall not be required to set aside or construct any affordable housing units, pay any affordable housing in lieu fee, or be subject to any other condition or requirement relating to the provision of affordable housing at any time during the Term of this Agreement.
18 City's Cooperation-MSHCP Fees. The City agrees to reasonably cooperate with Owner and support Owner's efforts to meet and negotiate with the Western Riverside County Regional Conservation Authority ("RCA") to obtain RCA's consent to a waiver of, or credit against, its MSHCP fee that is otherwise applicable to the Project and collected by the City, based upon the more than 600 acres of natural open space located within the MSHCP's criteria cell areas that is being dedicated by Owner. City's cooperation and support pursuant to this provision shall be at no expense to the City, other than the cost of City staff in attending meetings and corresponding with Owner and the RCA as appropriate, which costs shall be reimbursed by Owner upon City's written request. 2/2/2026
Pulte will pay the appropiate DIF fees at the time of building permit issuance or prior to certificate of occupancy permits as development progresses. To date, Pulte has not paid any DIF.

Currently, no affordable units are planned within the 750 unit development.

The Project is undergoing condition satisfaction and is currently consistent with the terms of the Agreement.

On February 2, 2026, the Regional Conservation Authority Board of Directors voted to approve up to $3 million in fee credit for the exchange of 615 acres of land for open space (Item #8: City of Murrieta Fee Credit Request for the Murrieta Hills Specific Plan Amendment Project). The approval authorized the Executive Director to enter into the Fee Credit Agreement with the City of Murrieta on behalf of the RCA. The City estimates that the LDMF for the MHSPA will total approximately $3,000,000. The actual amount cannot be determined because the City does not have the final development plans to calculate the LDMF fee. The fiscal impact is estimated to be a positive value of approximately $31 million (i.e., approximately $34 million in value of the land, minus approximately $3 million in uncollected fees).
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix 19 City's Cooperation/Expedited Review. The parties agree that Owner must be able to proceed rapidly with the development of the Property and, accordingly, that expedited City review of tentative maps, final maps, modifications to Project Approvals, building permits and construction inspections, is essential because these aspects of the Project are already part of an approved master planned community. Accordingly, to the extent that the applications and submittals are in conformity with the Project Approvals, Applicable Law and this Agreement, and adequate funding exists therefor, City agrees to make a good faith effort to provide adequate City resources to diligently and promptly accept, review and take action on all subsequent applications and submittals made to City by Owner in furtherance of the Project. Similarly, to the extent that adequate funding exists therefor, City will make a good faith effort to provide adequate City resources to promptly review and approve improvement plans, conduct construction inspections, and accept completed public facilities. In the event City does not have adequate resources, City may authorize the use of "contract labor" for inspection and plan review purposes, which shall be reimbursed by Owner pursuant to a mutually agreeable reimbursement agreement that also specifies any fee credits to Owner to avoid Owner having to pay more than once for the same review, processing, plan check, inspection, or other City service. City shall not authorize contract labor to be paid by Owner without Owner's prior approval.
20 Right(s)-of-Way Acquisition and Use. To the extent that the acquisition of off-site right(s)-of-way are necessary for Owner to construct off-site improvements including, but not limited to, roadways, water, wastewater or drainage facilities, and to the extent Owner has been unable to acquire said rights-of-way at fair market value despite its good faith efforts to do so, City may, within thirty (30) days of written request by Owner, negotiate with the owner of such off-site land to acquire the right(s)-of-way in question, provided that Owner has provided City with all information, appraisals, and documentation necessary to allow City make the offer required under Government Code section 7267.2. In the event such negotiations fail to acquire such right(s)-of-way within sixty (60) days after the negotiations commence, City may immediately commence proceedings to exercise its power of eminent domain in accordance with California Eminent Domain Law. Provided that a Resolution of Necessity may properly be adopted, and that Owner has provided all necessary information, appraisals, documentation, and, if applicable, funds sufficient to make a deposit of probable compensation, the City may promptly file an action in condemnation, including an Order of Possession, if legally permissible, to acquire and take immediate possession of such right(s)-of- way. City acknowledges the substantial costs Owner would incur should acquisition of right(s)- of-way be delayed.

As a consequence, City agrees to use its best efforts and take all reasonable actions to expedite acquisition, to the extent permitted by California Eminent Domain Law. In addition, the City agrees to allow Owner to use, at no additional cost to Owner, any City rights-of- way reasonably necessary or available for the construction of off-site improvements for the Project, including but not limited to conveyance lines and other facilities relating to sewer, water and all utilities. City agrees to grant and convey such easements, licenses, encroachment permits, or other non-exclusive rights or interests in such rights-of-way reasonably required by Owner pursuant to this provision.

Owner shall fund the cost of such right(s)-of-way acquisition, including reasonable attorney's fees and court costs, in the event that such acquisition and/or condemnation is necessary. With respect to the McElwain off site improvement, if City does not exercise its power of eminent domain pursuant to the terms of this section, any delay in Owner’s completion of the acquisition and construction of the McElwain off-site improvement, as a result thereof, shall not be considered a default under this Agreement or a failure to perform a condition of approval, and shall not be used as a basis for delaying or withholding any building permits, occupancies, or other Subsequent Development Approvals provided Owner enters into an agreement with City prior to final map approval to complete the McElwain off-site improvement at such time as the City acquires an interest in the land that will permit the improvements to be made. Furthermore, Owner will construct a temporary fire and emergency access Pulte has been engaged with the involved landowners along McElwain Road to negotiate and subsequently acquire the necessary right-of-way for the road improvements. If Pulte is not successful in acquiring all necessary easements for the roadway, including slopes and drainages, the DA provides a path forward.

As of February 2026, Pulte is working with City staff on plan check review of the mass grading permit and street improvement plans. Initial land development activities will commence following the issuance of grading permit(s) and street improvement plans. 4/14/2026
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City of Murrieta - Murrieta Hills Development Agreement Obligation Matrix 21 Cooperation Concerning EMWD Public Finance District. City agrees to cooperate in good faith with the Eastern Municipal Water District ("EMWD") and Owner in connection with any efforts by EMWD to form and implement a Community Facilities District, or other tax exempt and/or land based financing mechanism through which special taxes may be levied and bonds may be sold to fund some portions of the Project's necessary sewer and water infrastructure and facilities fees; provided, however, that nothing herein shall obligate the City to make any expenditures from the City's General Fund.
22 Community Financing District for Fire Service Operations. Owner will form a community financing district for the purpose of financing fire protection and suppression services necessary to serve the Project. This financing will be utilized to finance fire services only.
23 Annual Review of Compliance with Agreement. Pulte will annually process an update to the status of the Development Agreement. 24 Events of Default, Remedies and Termination Noted. There are currently no defaults by the owner or city. 25 Indemnity and Cost of Litigation Noted.
26 Environmental Assurances Noted.
27 Estoppel Certificates Noted. No Estoppel Certificates have been requested. 28 Waivers and Delays Noted. No waivers or delays have been requested. 29 Notices Noted.
30 Attorney's Fees Noted.
31 Recording Noted. The Development Agreement was recorded. 32 Effect of Agreement on Title Noted.
33 Rules of Construction and Miscellanous Terms Noted.

Pulte will begin drafting the CFD in 2026 and will work with a firm to process it with CalFire and the City of Murrieta Fire & Rescue.

Pulte will begin working with EMWD during 2026 for connections requirements. 4/14/2026
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 9.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP, Development Services Director PREPARED BY: Chris Tracy, AICP, Senior Planner, Advanced Planning SUBJECT:

Second Reading of Ordinance No. 630-26 to Update the City’s Participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program (MCA-2026-00012) for Development Projects within the City

ABSTRACT
The City Council held a public hearing on April 7, 2026, to consider updating its participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program, administered by the Western Riverside Council of Governments (WRCOG), which funds regional transportation improvements through developer fees. The proposed update includes a 2.45%-2.66% construction cost adjustment and establishes an annual automatic adjustment (capped at 5%) to maintain revenue purchasing power, along with clarifications to land-use definitions and exemptions for junior and standard accessory dwelling units (JADUs and ADUs).

RECOMMENDATION
Conduct the second reading and adopt Ordinance No. 630-26 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Ordinance No. 613-25 to Update Participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program.

PRIOR ACTION/VOTE
On April 7, 2026, the City Council conducted the first reading and introduced Ordinance No. 630-26 (Vote: 4-0- 1).

STRATEGIC ALIGNMENT
This item aligns with the City Council to: planning, programming and creating infrastructure development relating to an administrative priority.

DISCUSSION
In September 2024, WRCOG adopted an updated TUMF Nexus Study, leading to revised fees that local CITY OF MURRIETA Printed on 4/16/2026Page 1 of 2
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In September 2024, WRCOG adopted an updated TUMF Nexus Study, leading to revised fees that local jurisdictions, including Murrieta, implemented by July 2025. A subsequent Construction Cost Index adjustment approved in late 2025 is set to take effect July 1, 2026, requiring each jurisdiction to update its ordinance at least 60 days prior. To meet this timeline, the City Council will need to approve the ordinance by no later than April 2026, ensuring the updated fees take effect as scheduled. Inclusive of the first reading of the Ordinance No. 630-26, a related Resolution included a one-time Construction Cost Index (CCI) adjustment to maintain alignment with rising regional construction costs and preserve purchasing power. Overall, this ranged from approximately 2.45% to 2.66% across residential, retail, service-commercial, industrial, and office land uses.

Staff and WRCOG representatives at the April 7, 2026 meeting, explained that fees are collected at occupancy, pooled regionally, and allocated based on infrastructure needs, with annual and five-year reporting for transparency. Council discussion emphasized the program’sregional benefits and clarified that declining to implement the fee increases would obligate the City to fund the resulting shortfall, potentially creating significant fiscal impacts
Beginning July 1, 2026, per the Ordinance, TUMF will be automatically adjusted each year based on a blended construction cost index using national home price data and the Engineering News Record (ENR) CCI, calculated from prior September values. Annual adjustments are capped at +/-5 percent to ensure predictability while maintaining alignment with market conditions. The adjustment takes effect each July 1, and if either index is discontinued or significantly changed, a comparable industry index will be used.

The Ordinance also clarifies that residential unit classifications are based on physical attachment rather than ownership or lot configuration, with updated definitions to single-family (detached) and multi-family (attached) units. It further confirms that ADUs and JADUs are exempt from TUMF and are excluded from residential land- use calculations.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
The adoption of the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines) because the activity makes administrative changes to an existing traffic mitigation fee program, including the adoption of updated fees. No specific traffic improvement project is being proposed or approved.

The activity is covered by the common-sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed changes are administrative only and will not have a significant effect on the environment; therefore, the activity is not subject to CEQA.

FISCAL IMPACT
There is no fiscal impact associated with this item, as the collection and distribution of TUMF funds will continue to be administered by WRCOG.

If approved, the Ordinance will establish the City of Murrieta’s TUMF Fee Schedule, as set forth in the attachments below.

ATTACHMENTS
ATT 1 - Ordinance No. 630-26
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 10.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Crawford, Municipal Services Director
PREPARED BY: Garrett Strang, Capital Projects Program Manager SUBJECT:

Notice of Completion - Fire Station 2 Emergency Showers and Restroom Renovation Project

ABSTRACT
Staff has deemed construction of the Fire Station 2 Phase 1 Emergency Showers and Restroom Renovation Project (Project), CIP No. 21038, to be substantially complete and recommends moving forward with recording a formal Notice of Completion for the Project with the City Clerk.

RECOMMENDATION
Accept the improvements for the Fire Station 2 Phase 1 Emergency Showers and Restroom Renovation Project, Capital Improvement Plan (CIP) No. 21038, as complete; Authorize the City Clerk to record a Notice of Completion; and Authorize the final payment to the Contractor of owed retention and release bonds in accordance with State law and City ordinance.

PRIOR ACTION/VOTE
On June 3, 2025, City Council approved Resolution No. 25-4836, approving the Capital Improvement Plan Budget for Fiscal Year 2025/26, and the Fiscal Years 2025/26 to 2029/30 Capital Improvement Plan, which included the Fire Station 2 Improvements Project, CIP No. 21038 (Vote: 5-0).

On December 2, 2025, City Council adopted Resolution No. 25-4898, declaring an emergency condition for the Fire Station 2 Showers and Restroom and approving the execution of a Public Works Contract for the restoration of showers and restroom facilities at Murrieta Fire and Rescue Station 2 without notice for bids pursuant to California Public Contracts Code Sections 1102, 20168, and 22050 (Vote: 5-0).

On January 20, 2026, the City Council adopted Resolution No. 26-4904, terminating the Emergency Declaration in connection with the restoration of showers and restroom facilities at Murrieta Fire and Rescue Station 2 (Vote: 5-0).

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STRATEGIC ALIGNMENT
The City Council’sgoal of providing a high level of innovative public safety is associated with this Tier 1 project.

DISCUSSION
In November 2025, a water leak was discovered in the walls of the living quarter showers and restroom at Murrieta Fire & Rescue (MFR) Station 2 (Station 2), and subsequent testing by a certified environmental health company confirmed the presence of mold. A separate mold remediation company was hired to isolate the area, treat the mold, and remove affected building materials from the premises.

On December 2, 2025, the City Council adopted Resolution No. 25-4898 declaring an emergency condition for the Project and approving the execution of an Emergency Public Works Contract (Contract) for the restoration of showers and restroom at Station 2 without notice for bids pursuant to California Public Contracts Code Sections 1102, 20168, and 22050. The City Council also authorized the City Manager to execute the contract on behalf of the City in an amount up to $190,000, plus a 15% contingency.

An Emergency Public Works Construction Contract was negotiated with Capital Construction, Inc. in the amount of $127,772, plus a 15% contingency of $19,165.80, which was executed on January 5, 2026.

Construction began on January 12, 2026, and was deemed substantially complete on March 18, 2026, with final completion on April 1, 2026.

Final payment and retention release has not yet been made, however it is anticipated that the project will close out approximately 4%, or $4,774.44, over the original contract value due to City requested Contract Change Orders negotiated during construction for an anticipated final Contract amount of $132,546.44.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
This project is recommended for exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines because this project consists of operation and repair to an existing facility with no expanded use.

FISCAL IMPACT
The total anticipated final construction costs of $132,546.44, were provided by the General Fund Capital (Fund 112) in CIP No. 21038. The total approximate project costs, including permits, design and construction, totaled $155,070.71.

ATTACHMENTS
ATT 1 - Notice of Completion
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ATT 2 - Vicinity Map
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B ST

JUNIPER ST

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Fire Station No.1
41825 Juniper Street 8/23/2022
CIP 21019Vicinity Map
100 0 10050 Feet
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LOCATION MAP
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11/19/25
CIP NO. 21038
FIRE STATION 2
40060 CALIFORNIA OAKS RD.

SHOWERS AND RESTROOM

RESTORATION PROJECT

LOCATION MAP
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HANCOCK AVE.

CALIFORNIA OAKS RD.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 11.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Matt Henry, Chief of Police
PREPARED BY: Dawnn Jackson, Management Analyst
SUBJECT:

Approve an Agreement with Adlerhorst International, LLC

ABSTRACT
City police departments utilize K-9 units to significantly enhance public safety, officer protection, and operational efficiency. The Murrieta Police Department currently has three service dogs and a fourth service dog scheduled to join the K-9 unit in Fiscal Year 2026/27. The current contract for K-9 procurement and training is set to expire on June 30, 2026. This report seeks a new agreement with Adlerhorst International, LLC, for K-9 procurement and handler training services. The proposed agreement is for the period of July 1, 2026, through June 30, 2029, with up to two additional one-year renewal options, in an amount not to exceed $310,000.

RECOMMENDATION
Approve an agreement with Adlerhorst International, LLC for K-9 Procurement and Training Services not-to- exceed $310,000.

PRIOR ACTION/VOTE
On July 20, 2021, the City Council approved a five-year agreement with Adlerhorst International, LLC for K-9 Procurement and Training Services and adopted Resolution No. 21-4442 authorizing the Mayor to execute the agreement on behalf of the City of Murrieta (Vote: 5-0) .

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

DISCUSSION
History
Adlerhorst International has been providing police service dogs and K-9 training since 1976, supplying dogs and training services to more than 500 law enforcement agencies nationwide and internationally. Based in Riverside County, Adlerhorst is one of the largest private police dog training facilities in the world. All training is CITY OF MURRIETA Printed on 4/16/2026Page 1 of 3
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Riverside County, Adlerhorst is one of the largest private police dog training facilities in the world. All training is conducted by instructors who are certified California Peace Officer Standards and Training (P.O.S.T.) evaluators with extensive experience in service dog instruction.

The City of Murrieta (City) Police Department (Department) has utilized Adlerhorst International as its exclusive K-9 provider since 1999. All department service dogs have been purchased through Adlerhorst, and all K-9 handlers receive their initial training through Adlerhorst-certified programs. Handlers also participate in regular monthly and annual training to maintain proficiency, ensure consistency with established deployment standards, and remain current with accepted law enforcement K-9 practices.

Pros/Cons
The Department currently maintains three service dogs with an estimated six (6) to eight (8) years of service remaining, and is budgeted for a fourth K9 to be purchased in FY 2026/27 to complete the K9 team. Use of a different vendor would void the existing warranties on the Department’sthree (3) service dogs, each of which has an estimated four (4) or more years of service remaining. This could negatively impact the legal support and expert testimony historically provided by Adlerhorst following K-9 deployments. Transitioning to a new provider would also create inconsistencies in training standards compared to surrounding agencies with which the City of Murrieta Police regularly coordinates during critical incidents. Consistent training through a single provider is therefore essential to maintaining operational continuity and legal defensibility.

Legal Authority
Per Section 3.08.280(G) of the Murrieta Municipal Code, the City Council is authorized to enter into contracts for personal services, for professional and consulting services, and for other contractual services without observing the bidding procedure provided in this chapter when the City Council finds that adherence to the procedures in this chapter would be inefficient, impractical, and unnecessary.

The City previously entered into an agreement with Adlerhorst International, LLC for K-9 training services that is set to expire on June 30, 2026. The Department is requesting approval of a new agreement with Adlerhorst International for K-9 procurement and K-9 and handler training services for the period of July 1, 2026, through June 30, 2029, with up to two additional one-year renewal options, in an amount not to exceed $310,000. The proposed agreement is attached.

PUBLIC NOTICING
This section confirms that the agenda for this meeting was posted at least 72 hours in advance in accordance with the Brown Act.

CEQA AND REGULATORY OVERVIEW
This item is not subject to CEQA review.

FISCAL IMPACT
Funding for this agreement is included in the Police Department’s FY2026/27 Operating Budget in the GL accounts 1103160-71030 (K-9 purchase) and 1103180-64360 (training).

The total fiscal impact associated with approval of this five-year contract is $310,000. Budget for the K-9 procurement and K-9 handler training is available in the biennial Operating Budget for Fiscal Year 2026/27 GL CITY OF MURRIETA Printed on 4/16/2026Page 2 of 3
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Agenda Item No. 11.
procurement and K-9 handler training is available in the biennial Operating Budget for Fiscal Year 2026/27 GL account 1103160-71030 and 1103180-64360. The proposed five-year agreement has a not-to-exceed amount of $310,000. Budget for succeeding fiscal years will be included in a future biennial budget process.

ATTACHMENTS
ATT 1 - Agreement with Adlerhorst International, LLC
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For City Clerk Use Only
Contract No._________

AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description ( “Project”): K9 Procurement and Training for City’s Police Department
Consultant Name (“Consultant”): Adlerhorst International, LLC Consultant Business Type: Limited Liability Company (LLC) Consultant Address: 3951 Vernon Ave., Jurupa Valley, CA 92509 Consultant R epresentative Name and T itle (“ Consultant R epresentative”): Michael R eaver, President
Consultant Representative Work Phone: 951-685-2430
Consultant Representative Email: [email protected]
Termination Date: June 30, 2029
Total Not-To-Exceed Contract Amount (“Contract Sum”): $310,000 City Department Contact (“Department Contact”): Dawnn Jackson Department Contact Work Phone: 951-461-6321
Department Contact Email: [email protected]
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RECITALS
The City desires to contract with a Consultant to provide professional services on an on- call basis as more further set forth herein.

The City circulated a Request for Quotes or Proposals for the above-described professional services.

Consultant submitted a proposal to City to provide the above -described professional services.

City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant’s proposed cost, staff has determined that an agreem ent to provide the required services should be awarded to Consultant.

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AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)

THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“Consultant ”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services ” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder. Individual tasks under the Scope of Services shall be established on a per project basis. Upon request by City, the Consultant shall provide a detailed task proposal including pricing consistent with those hourly rates as provided in Article II, below. Consultant shall not commence work until an Task Order is issued by the City authorizing the Consultant to perform such work.

1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for 189

Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastruc ture, equipment, computer system and software of City . Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, s ection 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.8 Contract Modifications. Additional terms and conditions of this Agreement, if any, or any modifications or revisions to the standard terms and conditions herein are made a part hereof as set forth in the “Contract Modifications” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the fixed prices and/or hourly rates specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures, if both are specified in the Schedule of Compensation or upon a Task Order , and approved by City in advance.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no 190

later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will u se its best efforts to make payment no later than forty- five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. The Agreement shall commence and become effective on the date executed by the City and will continue until the Termination Date. This Agreement may be extended for up to two, additional one -year periods upon the mutual agreement in writing of both parties.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.

Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written Task Order and shall perform all services within the time period(s) established in the Task Order or generally within the time periods established in the Exhibit A.

3.3 Force Majeure. The time period(s) specified in Exhibit A for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. 191

City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Consultant. The Consultant Representative is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant ’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Department Contact, City Manager or by their delegate as provided for in writing.

4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. 192

City shall not be liable for compensation or indemnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City, and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit “D” and incorporated herein by this reference.

5.2 Indemnification.
(a) General Obligations. Except as set forth for Design Professionals below, Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Consultant is legally liable (each an “ Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, 193

provision, covenant or condition of this Agreement, and in connection therewith:
1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom. (b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement. Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professi onal. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoi ces by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, and only if Consultant qualifies as a D esign Professional , Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this i ndemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant. The City agrees that in no event shall the cost to defend charged to the Consultant exceed Consultant’s proportionate percentage of fault.

This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall 194

indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section

5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily a ccessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written 195

authorization from City . Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such c ourt order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section

7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City . Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City . Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by 196

City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant ’s default shall not be deemed to result in a waiver of City ’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, cost s, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

197

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code s ections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for invest igating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 198

litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of 199

City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the P arties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties , concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the awar d of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party , 200

(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit “E” are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0010 2099900.2 -15 -
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

A
TTEST:

B
y:_____________________________
C
ristal McDonald, City Clerk
D
ate: ___________________________
B
y:_____________________________
N
ame: Veronique Reaver
T
itle: Vice President

CITY OF MURRIETA
By:_____________________________
John Levell, Mayor
Date: ___________________________

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP
By: ____________________________
Tiffany Israel, City Attorney
CONSULTANT:

By:_____________________________
Name: Michael Reaver
Title: President
Date: ___________________________ D
ate: ___________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or regulations applicable to Contractor’s business City.

202

01375.0010 2099900.2

EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following Services on an on-call basis:

K9 procurement and training services for the City of Murrieta Police Department.

See Attachment A.

II. Consultant must perform all on -call Services in compliance with the following requirements:

A. Each task shall be indicated by a written request (“Task Order”) produced by the Department Contact with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), using the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.

C. Department Contact shall in writing approve, modify or reject the Task Proposal, and may issue a Task Order.

D. The task shall be performed at a cost not to exceeding the Task Budget.

E. Consultant shall complete the task and deliver all deliverables to Department Contact by the Task Completion Date.

III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

203

01375.0010 2099900.2 145610

EXHIBIT "B"

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

N/A
204

01375.0010 2099900.2 145610

EXHIBIT “C”

SCHEDULE OF COMPENSATION

I. Consultant shall establish a Task Budget for each Task identifying the subtasks, based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. If payment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal.

II. The total compensation for all Services, including any and all expenses, during the entire term of this Agreement shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.

III. Consultant’s billing rates for any hourly Services are attached as Exhibit C-1.

In connection with the services provided pursuant to the terms of this Agreement, City will pay Consultant upon City’s receipt of a written invoice provided by Consultant no more than monthly. City will pay Consultant for work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reimburse the Consultant for reasonable out -of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Consultant must provide the City with a receipt and a description of the expense incurred along with the invoice.

No mark up on expenses may be added.

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Adlerhorst International LLC
3951 Vernon avenue, Jurupa Valley Ca 92509
PH:(951)685-2430 Fax (951)685-3630
www.adlerhorst.com
Dual Purpose Police Service Dog Delivery $14,500
Dual Purpose Police Service Dog $13,200.00
(Malinois, Dutch Shepherd, or German Shepherd)
Sport Dog, Labrado, pointer, Spaniel $12,000.00
Single Purpose Detection Dog $9,900.00
(Malinois, Dutch Shepherd, or German Shepherd)
Single Purpose Detection Dog Off Breed $9,900.00
(Pointer, Lab, Etc)
Agitator I Course - 16 hours $350.00
Agitator II Course - 24 hours $350.00
Instructor Course -480 Hours $8,000.00
Basic Handler Course - 240 hours $6,500.00
Narcotic Detection Course -240 Hours $6,000.00
Fire arm Detection Course - 240 Hours $6,000.00
Cadaver Detection Course - 240 hours $6,000.00
Explosive Detection Course- 240 hours $6,000.00
Handler Development Course - 40 hours $450.00
P.O.S.T. Evaluators Course $200.00
P.O.S.T. Patrol Re-Certification - 24 hours ~ on site $264.00 Re-Cert on site $450.00
P.O.S.T. Patrol Re-Certification - 24 hours ~ off site $550.00 Detection Re-Certication - 16 hours ~ on site/ off site $450/$550 Tracking Course - 40 hours $950.00
Annual Maintenance Training - on site / Per team $2,900.00 Monthly On site /per team $242.00
Annual Maintenance Training - off site / Per team $3,500.00 Monthly Off site /per team $292.00
Boarding per day $35.00
Bite Suit (from Europe) $1,750.00
Bite Suit (from Elite K9) $1,400.00
Jacket $875.00
Pants $875.00
Replacement Arm $235.00
Replacement Leg $300.00
Neoprene Gauntlet $45.00
Arm Cover $55.00
German Arm $250.00
Sleeve Cover $65.00
Jute $20.00
Kong
Leather Muzzle $300.00
Sprenger Gloves $23.00

3.5' Leahter Leash $45.00
4' leather Leash $60.00
6' Leather Leash $70.00
L $20.00/ XXL $35.00
206
10' Leather Leash $85.00

3.5' Nylon Leash $23.00
4' Nylon Leash $25.00
6' Nylon leash $40.00
15' Nylon Long Line $45.00
30' Nylon Long Line $50.00
50' Nylon Long Line $55.00
Long Line Pouch $55.00
SS Fur Saver $25.00
Black Fur Saver $30.00
Chrome Fur Saver $18.00
Boss E- Collar $350.00
Buddy Bowl $35.00
Water Hole $15.00
Nutra-source Food $80.00
Fence Sign $20.00
Lixit $22.00
Mushers Secret $25.00
Starter Pistol $360.00
Ammo $25.00
Detection Kit $407.00
Scent Box SM $45 MED $50 LG $51.00
T
-Shirt $25.00
Hat $28.50
Hoodie $42.00
SS Bowl $19.00
Indestructable Bone $40.00
Toy Jute Ball $30.00
Tugs (assorted) $20.00
Dog Outback Boots $85.
00 Leather Sticks $45.00
K9 Storm Harness $350.00
Leather Harness $70.00
SS Pinch Collar $50.00
Black Pinch Collar $55.00
Flat Collar -K9 Tactical $65.00
Tie out chain $42.00
Breaker Bar $35.00
Breaker Bar Knife $95.00
T-Tug $20.00
Kong Pouch $20.00
Leather Hand Protector $155.00
PVC Hand Protector $135.00
Plastic Crate $50.00
Subject to CA Sales Tax
Tariff rate might apply
2% price increase at the start of each fiscal year (July 1) 207

01375.0010 2099900.2
EXHIBIT “D”

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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01375.0010 2099900.2
Primary Coverage
For any claims related to this contract, the Consultant ’s insurance coverage shall be primary and non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non- contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the C onsultant’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City . The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subje ct to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City . Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. Th e policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
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01375.0010 2099900.2

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the requi red documents prior to the work beginning shall not waive the Consultant ’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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ADLERHORST INTERNATIONAL, LLC.
3951 Vernon Avenue * Jurupa Valley, CA 92509
Tel: (951) 685-2430 * Fax: (951) 685-3630 * Email: [email protected] www.Adlerhorst.com

Proposal
Adlerhorst International LLC
3951 Vernon Ave.

Jurupa Valley, California 92509
Tel: 951 685 2430
Fax: 951 685 3630
E-mail: [email protected]
Proposal for Police Service Dog and Training
Thank you for your interest in Adlerhorst International LLC. We are a family owned business situated on 7½ acres in Western Riverside County, California.

Our principal owner/operators are Dave & Pip Reaver and Michael & Veronique Reaver.

Since 1976, we have provided quality Police Service Dogs to over 500 law enforcement agencies in the United States and several foreign countries. We have evolved into being one of the largest private Police Dog Schools in the world. During this era, we have introduced many theories and techniques that are considered industry standard.

After Dave Reaver completed his military service while participating in the K9 sport of Schutzhund and KNPV in Europe, Dave returned to the stateside.

Eventually, Dave purchased his first working line puppy, “Cora vom Adlerhorst “. He became a notable trainer and breeder of this super working line! He was gifted the kennel name, “Adlerhorst”, by the German breeder of his beloved Cora, and her son Kai, who was instrumental in the startup of many police canine programs! Instructor Staff
We offer an optimal combination of law enforcement and canine experience. All our staff has a minimum of 10 years’ experience training police service dogs. Additionally, we have a continual training program for new instructors. Three of our instructors are former police canine supervisors and four are former handlers with law enforcement agencies. Our instructors are certified California P.O.S.T. evaluators, as well community college instructors.
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Our training director, Michael Reaver, has over 35 years’ experience both in the United States and in Europe training dogs; 35 of those years are police service dog training. He has a Lifetime Teaching Credential from the State of California with a specialty in Police Science

Service Dog Procurement
We are the innovators of procuring dogs with a strong genetic as well as a working background. From inception, we purchased dogs with a European working title, hips, backs and elbows x-rayed and a vet check done personally in Europe prior to shipping.

We have a vehicle in Europe capable of transporting 17 dogs, as well as a trailer for an additional 10. We lease kennel facilities in Holland capable of holding 40 dogs.

Procurement trips are made every 6 weeks. Each dog is tested comprehensively by Michael Reaver. All European titled dogs are not equal. Our testing process is conducted on neutral turf, often in a building. Many European handlers / trainers consider our testing process the most comprehensive they have observed. The techniques and testing standards we introduced over the years have caused many European agencies to reassess their testing and procurement policies.

Because of our procurement methods, all our dogs are warrantied for 12 months on Hipps, Elbows and Back ,Heart, Lungs, eyes and teeth . and performance guaranty for 12 months if handler and dog are trained by Adlerhorst. 6-month performance guaranty for Agencies conducting their own basic handler courses (No money refund) Training
• All our classes are community college credit classes sponsored by Santa Ana Community College.
• Currently we are the only presenter of a 24-hour California P.O.S.T. certified re- certification class.
• Our 240-hour basic patrol class is based on a comprehensive published standard. The program has been tested 50+ times in court with a 100% success rate! Graduate teams are guaranteed to meet any required National or International standard.
• Our detection classes include narcotics, explosive, arson and cadaver training.

All licenses are in place from DEA and ATF, as well as a CHP license to transport explosives.
• We offer a 16-hour agitator class that not only teaches proper techniques but behavior theories as well. A limited advanced agitator class is available also. • Additionally, we offer a monthly maintenance program either on site in Riverside or off site as required. Currently we train in multiple areas in California, as well as 212
Arizona, New Mexico and Texas. An informational brochure describing this service is on our web site.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 12.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Renée Santos, Executive Assistant - Engineering SUBJECT:

Acceptance of Public Improvements in Map Book 8/359, Parcel Lot 191

ABSTRACT
Approval of this item accepts the public improvements for Map Book 8/359, Parcel Lot 191; authorizes ongoing city maintenance; and approves partial release of the associated security bonds.

RECOMMENDATION
Accept the public improvements constructed for Map Book 8/359, Parcel Lot 191 (Storquest APN: 913-210- 042) located at the southeast corner of Date Street and Delhaven Street at the terminus of Date Street; and Authorize the City Engineer to release ninety percent (90%) of the associated improvement security bonds; and
Authorize the Municipal Services Department to assume ongoing maintenance of the public improvements in accordance with City maintenance standards.

PRIOR ACTION/VOTE
None.

STRATEGIC ALIGNMENT
The City Council’sgoal of planning, programming and creating infrastructure development is associated with this administrative priority.

DISCUSSION
On September 12, 2023, the City entered into an agreement with CRP/WWG/Brandywine Murrieta Storage Owner, LLC for the construction of public improvements associated with Map Book 8/359, Parcel Lot 191. The project, titled Storquest, is a 135,971-square-foot self-storage facility, consisting of three stories, an on-site office, lobby, associated landscaping, and parking on 2.67 net acres, located at the southeast corner of Date Street and Delhaven Street at the terminus of Date Street (APN: 913-210-042). Required public improvements CITY OF MURRIETA Printed on 4/16/2026Page 1 of 2
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Agenda Item No. 12.

Street and Delhaven Street at the terminus of Date Street (APN: 913-210-042). Required public improvements include street paving, curb and gutter, sidewalks, drive approaches, and storm drain infrastructure serving the development. Construction of these improvements has now been completed. Staff from the Department of Public Works/Engineering inspected the improvements under the direction of the City Engineer and determined the work was completed in accordance with the approved plans and applicable city standards.

Acceptance of the improvements by the City Council will require the City to assume responsibility for ongoing maintenance. Consistent with City procedures, ninety percent (90%) of the improvement security bonds may be released upon acceptance, while the remaining security will be retained during the one-year maintenance period.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
The proposed action does not constitute a 'project' within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it is an administrative, organizational, or policy-making activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The City will assume responsibility for maintaining the public improvements on an ongoing basis. These annual costs are included within the Municipal Services Department’s operating maintenance budget.

ATTACHMENTS
ATT 1 - Vicinity Map
CITY OF MURRIETA Printed on 4/16/2026Page 2 of 2
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 13.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Bob Moehling, Public Works Director
SUBJECT:

Cooperative Agreement 08-1822 for Interstate 215/Keller Road Undercrossing

ABSTRACT
The proposed Cooperative Agreement with Caltrans will allow the City to be reimbursed for work completed by the City utilizing Federal funds administered by Caltrans, whereas the 2024 cooperative agreement does not include the option for reimbursement.

RECOMMENDATION
Adopt Resolution No. 26-4927 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving A Cooperative Agreement with the State of California, Acting By and Through Its Department of Transportation (CalTrans), for the Plans, Specifications, and Estimates and Right of Way Work Necessary to Construct A New Full Interchange and Auxiliary Lanes at Interstate 215 and Keller Road (District Agreement No. 08-1822).

PRIOR ACTION/VOTE
On October 4, 2011, the City Council adopted Resolution No. 11-2798, authorizing the entry into Cooperative Agreement 08-1519 with Caltrans for the Interstate 215/Keller Road Undercrossing (Vote 5-0).

On May 15, 2015, the City Council adopted Resolution No. 15-3371, authorizing the entry into Cooperative Agreement 08-1601 with Caltrans for the Interstate 215/Keller Road Undercrossing (Vote 5-0).

On October 15, 2024, the City Council adopted Resolution No. 24-4790, authorizing the entry into Cooperative Agreement 08-1789 with Caltrans for the Interstate 215/Keller Road Undercrossing (Vote 5-0).

On June 3, 2025, the City Council approved joint Resolution No. 25-4836, et al., approving the Capital Improvement Plan Budget for Fiscal Year 2025/26, and The Fiscal Years 2025/26 to 2029/30 Capital Improvement Plan, which included the Interstate 215 at Keller Road Interchange Project, CIP No. 8449 (Vote 5 -0).

STRATEGIC ALIGNMENT
This item aligns with the City Council to: planning, programming and creating infrastructure development CITY OF MURRIETA Printed on 4/16/2026Page 1 of 2
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4/21/2026
Agenda Item No. 13.

This item aligns with the City Council to: planning, programming and creating infrastructure development relating to priority Tier 1.

DISCUSSION
As the project proceeds to the next phase of the design and right-of-way processes, it is necessary to enter into a new agreement with Caltrans to accommodate the work and allow the City of Murrieta (City) to be eligible for reimbursement of Federal funds administered by Caltrans. The previous agreement, approved in 2024, does not allow for the reimbursement of Federal funds administered by Caltrans. This agreement specifically obligates the DEMO Funds and the Community Project Funded Congressional Directed Spending (CPFCDS) Funds, as shown in the Funding Summary of the agreement, to be eligible for reimbursement by the City for work completed by the City. The CPFCDS Funds listed in the Funding Summary are the two earmarks received by the City via the offices of Congressman Ken Calvert ($2.6M) and Congressman Darrell Issa ($1.5M), totaling $4.1M.

The attached Cooperative Agreement was provided by Caltrans and is the State’sstandard form agreement for work within the State right-of-way and includes the Federal funding reimbursement language. The agreement must first be approved by the City and then returned to Caltrans Headquarters for approval and execution via an electronic signature process.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

FISCAL IMPACT
There is no direct cost to the City for implementing the Cooperative Agreement. The costs related to the Plans, Specifications, and Estimate (PS&E) and Right-Of-Way (ROW) work components are those connected with the Design Services Agreement with our designated design consultant. Staff will work with the Finance Department to establish grant project accounting to account for federal fund expenses and reimbursement as part of the quarterly budget updates.

ATTACHMENTS
ATT 1 - Resolution No. 26-4927
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RESOLUTION NO. 26-4927

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT WITH THE

STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS

DEPARTMENT OF TRANSPORTATION (CALTRANS), FOR THE PLANS,

SPECIFICATIONS, AND ESTIMATES AND RIGHT OF WAY WORK

NECESSARY TO CONSTRUCT A NEW FULL INTERCHANGE AND
AUXILIARY LANES AT INTERSTATE 215 AND KELLER ROAD
(DISTRICT AGREEMENT NO. 08-1822)

WHEREAS, the City of Murrieta has elected to improve the existing Interchange at Interstate 215 and Keller Road, CIP No. 08449; and

WHEREAS, the project is located within State Right of Way; and

WHEREAS, the Cooperative Agreement identifies the scope of work and responsibilities for each of the parties associated with the Plans, Specifications, and Estimates (PS&E) and Right of Way (ROW) phases of work; and

WHEREAS, Streets and Highways Code sections 114 and 130 authorize the City to enter into a Cooperative Agreement with the California Department of Transportation for improvements to the State Highway System within the City’s jurisdiction; and

WHEREAS, the Cooperative Agreement is a requisite document in order for the California Department of Transportation to render oversight services for the proposed project; and
WHEREAS, the City Council desires to move forward with the above-described project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS

Section 1. The City of Murrieta hereby approves Cooperative Agreement No. 08- 1822 with the State of California, acting by and through its Department of Transportation (Caltrans) for the Plans Specifications, and Estimates and Right of Way necessary to construct a new full Interchange and auxiliary lanes at Interstate 215 and Keller Road, CIP No. 08449.

Section 2. A true and correct copy of Cooperative Agreement No. 08-1822 is attached hereto as Exhibit A.

Section 3. The City Clerk shall certify the passage and adoption thereof.

PASSED AND ADOPTED this 21st day of April, 2026.

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Resolution No. 26-4927

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RR 5/08/09
2 ____________________________
Jon Levell, 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. 26-4927 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 21st day of April, 2026, 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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COOPERATIVE AGREEMENT COVER SHEET
Work Description
CONSTRUCT NEW INTERCHANGE AND AUXILIARY LANES AT I-215 AND

KELLER ROAD
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.

CALTRANS
Emad Makar, Project Manager
464 West 4th Street
San Bernardino, CA 92401
Office Phone: (909) 383-4978
Email: [email protected]

CITY OF MURRIETA
Bob Moehling, Director of Public Works
1 Town Square
Murrieta, CA 92562
Office Phone: (951) 304-2489
Email: [email protected]

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Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ........................................................................... 1 Work Description ............................................................................................................................ 1 Contact Information ....................................................................................................................... 1 CALTRANS ............................................................................................................................... 1 CITY OF MURRIETA ............................................................................................................... 1 COOPERATIVE AGREEMENT ....................................................................................................... 4 RECITALS ......................................................................................................................................... 4 RESPONSIBILITIES ......................................................................................................................... 6 Sponsorship .................................................................................................................................... 6 Implementing Agency .................................................................................................................... 7 Funding ........................................................................................................................................... 8 CALTRANS' Quality Management ................................................................................................ 9 CEQA/NEPA Lead Agency .......................................................................................................... 10 Environmental Permits, Approvals and Agreements .................................................................... 10 Plans, Specifications, and Estimate (PS&E) ................................................................................ 11 RIGHT-OF-WAY .......................................................................................................................... 12 Schedule ....................................................................................................................................... 14 Additional Provisions ................................................................................................................... 15 Standards .................................................................................................................................. 15 Noncompliant Work ................................................................................................................. 15 Qualifications ........................................................................................................................... 16 Consultant Selection ................................................................................................................. 16 Encroachment Permits .............................................................................................................. 16 Protected Resources ................................................................................................................. 16 Disclosures ............................................................................................................................... 17 Hazardous Materials ................................................................................................................. 17 222
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Claims ....................................................................................................................................... 19 Accounting and Audits ............................................................................................................. 19 Interruption of Work ................................................................................................................. 21 Penalties, Judgments and Settlements ...................................................................................... 21 Project Files .............................................................................................................................. 21 Environmental Compliance ...................................................................................................... 22 GENERAL CONDITIONS .............................................................................................................. 22 Venue ............................................................................................................................................ 22 Exemptions ................................................................................................................................... 22 Indemnification ............................................................................................................................ 22 Non-parties ................................................................................................................................... 23 Ambiguity and Performance ........................................................................................................ 24 Defaults ........................................................................................................................................ 24 Dispute Resolution ....................................................................................................................... 24 Prevailing Wage ............................................................................................................................ 25 FUNDING SUMMARY ................................................................................................................... 27 Funding ......................................................................................................................................... 29 Invoicing and Payment ................................................................................................................. 30 Plans, Specifications, and Estimate (PS&E) ............................................................................ 31 Right-of-Way (R/W) Support ................................................................................................... 31 Right-of-Way (R/W) Capital .................................................................................................... 31 SIGNATURES .................................................................................................................................. 31

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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Murrieta, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY .

An individual signatory agency in this AGREEMENT is referred to as a PARTY . Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, construct new interchange and auxiliary lanes at I-215 and Keller Road, will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents.

3. On November 11, 2024, PARTIES entered into Agreement (08-1789) to construct a new full interchange and auxiliary lanes at Interstate 215 and Keller Road in the City of Murrieta (PRIOR AGREEMEMENT).

4. In order to add funding PARTIES have agreed to enter into this AGREEMENT to replace the PRIOR AGREEMENT, Quality Management Assessment (QMA) agreement with a project development agreement, which supersedes and replaces in its entirety the PRIOR 224
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AGREEMENT. All indemnification and maintenance articles pertaining to action taken during the PRIOR AGREEMENT remain in effect.

5. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY (R/W)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

6. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
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7. The following work associated with this PROJECT has been completed or is in progress:
• CITY completed the Project Initiation Document (PID) on August 14, 2015 (Cooperative Agreement No. 08-1519 ).
• CITY is developing the Environmental Impact Report (EIR) (Cooperative Agreement No. 08-1601 ).
• CITY is developing the Finding of No Significant Impact (FONSI) (Cooperative Agreement No. 08-1601 ).

8. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

9. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

RESPONSIBILITIES
Sponsorship

10. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
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11. CITY is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

12. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract.
• CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY.

RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre-construction monument preservation; the acquisition of right-of-way interests; and post-construction work such as right-of- way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

13. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will 227
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include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.

14. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

15. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

16. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT.

17. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

18. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

19. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically 228
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excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

CALTRANS' Quality Management

20. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

21. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
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22. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

23. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.

CEQA/NEPA Lead Agency

24. CALTRANS is the CEQA Lead Agency for the PROJECT.

25. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

26. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY's responsibilities in this AGREEMENT.

27. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

28. The PROJECT requires the following environmental permits/approvals:

ENVIRONMENTAL PERMITS/REQUIREMENTS
404 US Army Corps of Engineers
401 Regional Water Quality Control Board
National Pollutant Discharge Elimination System (NPDES)/State Water Resources Control Board 1602 California Department of Fish & Wildlife
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Air Quality Permits

Plans, Specifications, and Estimate (PS&E)

29. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

30. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable)

AGREEMENT
Funded Cost
100.15.10.xx Quality Management NO

31. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

32. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and 231
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CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

33. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to CITY until the following conditions are met:
• Any new or amended Maintenance Agreement required for the WORK are executed. • Any new or amended Freeway Agreement required for the WORK are executed.

RIGHT-OF-WAY

34. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

35. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable)

AGREEMENT
Funded Cost
100.25.10.xx Quality Management NO

36. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

37. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that 232
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conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.

38. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

39. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

40. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

41. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance.

CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

42. If CITY acquires any right-of-way to be incorporated into the State Highway System (SHS), CITY will first acquire in its own name.

No right-of-way will be acquired in CALTRANS' name.

Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right-of-Way Closeout activities are complete. 233
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43. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to advertising the construction contract.

44. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

45. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

46. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.

Schedule

47. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate 234
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schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

48. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written monthly progress reports during the completion of the WORK.

Additional Provisions
Standards

49. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Stewardship and Oversight Agreement
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work

50. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, 235
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preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.

Qualifications

51. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

52. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

53. CALTRANS will issue, upon proper application, the encroachment permit required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide an encroachment permit to CITY at no cost. CITY's contractors, consultants, and agents may work under the same permit after completing, signing, and submitting the contractor's authorization form TR-0429 to CALTRANS. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

54. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

55. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a 236
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qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

56. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

57. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

58. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively. 237
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59. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.

60. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.

61. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.

62. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.

CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to 238
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CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

63. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.

Claims

64. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.

65. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

66. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

Accounting and Audits

67. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.

68. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.

PARTIES will retain all WORK-related records for three (3) years after the final voucher. 239
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PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.

69. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.

CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK-related records of each PARTY , and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.

The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.

The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.

Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.

Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.

70. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative 240
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Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

71. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

72. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.

73. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgments and Settlements

74. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.

75. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

76. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

77. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History Files are 241
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prepared and submitted in compliance with the Project Development Procedures Manual and Construction Manual.

Environmental Compliance

78. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.

GENERAL CONDITIONS

79. All portions of this AGREEMENT, including the RECITALS section, are enforceable.

Venue

80. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions

81. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

82. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any 242
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work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under this AGREEMENT.

83. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

84. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. 243
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PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

85. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

86. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

87. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

88. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution

89. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal 244
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counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

90. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage

91. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
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When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
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FUNDING SUMMARY

FUNDING TABLE
IMPLEMENTING AGENCY: CITY CITY
Source Party Fund Type PS&E
R/W

SUPPORT
R/W
CAPITAL Totals
FEDERAL CITY DEMO 1,600,000 0 0 1,600,000
FEDERAL CITY CPFCDS (88.53%) 0 0 4,100,000 4,100,000
LOCAL CITY Local 3,642,000 383,000 8,438,142 12,463,142 LOCAL CITY LocalM 0 0 531,198 531,198
Totals 5,242,000 383,000 13,069,340 18,694,340

M Used as non-federal match.

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SPENDING TABLE
PS&E
R/W

SUPPORT
R/W

CAPITAL
Fund Type CITY CITY CITY Totals
DEMO 1,600,000 0 0 1,600,000
CPFCDS 0 0 4,100,000 4,100,000
Local 3,642,000 383,000 8,438,142 12,463,142
Local 0 0 531,198 531,198
Totals 5,242,000 383,000 13,069,340 18,694,340

248
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26

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Page | 29
Funding

92. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.

That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.

93. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.

Each PARTY may request reimbursement for these costs during the amendment process.

94. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.

In accordance with California law, the Administration Rate is capped at 10 percent for Self- Help Counties with a countywide sales tax measure dedicated to transportation improvements.

95. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to 249
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26

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Page | 30
CALTRANS' Audits and Investigations for review and acceptance prior to CALTRANS' reimbursement of indirect costs.

96. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.

Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.

If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.

97. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that will change the federal share of funds.

Invoicing and Payment

98. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.

99. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
100. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then 250
Agreement No. 08-1822
Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26

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Page | 31
CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.
101. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.

Plans, Specifications, and Estimate (PS&E)
102. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

Right-of-Way (R/W) Support
103. No invoicing or reimbursement will occur for the RIGHT-OF-WAY SUPPORT PROJECT COMPONENT.

Right-of-Way (R/W) Capital
104. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby 251
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Project No.: 0800020339
EA: 08-0Q220
08-RIV-215-R14.10/R15.26

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covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Catalino A. Pining III
District 8 Director

HQ Legal Representative
HQ Legal Rep Title

Verification of Funds and Authority:

Karem Evans
District 8 Budget Manager

Certified as to financial terms and policies:

Darwin Salmos
HQ Accounting Supervisor

CITY OF MURRIETA

Jon Levell
Mayor

252

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 14.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: James Ozouf, Senior Civil Engineer, CIP
SUBJECT:

Installation of a Designated Pick-up/Drop-off Zone Adjacent to Vintage Reserve Park near Buchanan Elementary School

ABSTRACT
This agenda report proposes a resolution regarding installation of signage and striping necessary to establish a pick-up/drop-off zone with restricted parking hours on school days on Kingwood Road adjacent to Vintage Reserve Park near Buchanan Elementary School.

RECOMMENDATION
Adopt Resolution No. 26-4928 entitled: A Resolution of the City Council of Murrieta, California, Authorizing the Installation of Signage and Designation of a Pick-Up/Drop-Off Zone on Kingwood Road Adjacent to Vintage Reserve Park.

PRIOR ACTION/VOTE
On October 7, 2025, City Council approved a License Agreement with the Murrieta Valley Unified School District for Sidewalk at Vintage Reserve Park (Vote 5-0).

STRATEGIC ALIGNMENT
The City Council’sgoal of planning, programming and creating infrastructure development is associated with this administrative priority.

DISCUSSION
The City of Murrieta (City) received a request from Murrieta Valley Unified School District (MVUSD) to help address traffic and safety concerns at Buchanan Elementary School and accommodate an anticipated increase in student enrollment. Specifically, MVUSD requested the use of a pedestrian walkway from the school playground into Vintage Reserve Park as an additional access point to the school in an effort to reduce congestion during pick-up and drop-off times. See Attachment 2 to this report.

City staff support adding pedestrian access to Buchanan Elementary School through Vintage Reserve Park by CITY OF MURRIETA Printed on 4/16/2026Page 1 of 3
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Agenda Item No. 14.

City staff support adding pedestrian access to Buchanan Elementary School through Vintage Reserve Park by establishing a designated drop-off and pick-up zone along Kingwood Road. Kingwood Road has sufficient width to accommodate two-way traffic, residential parking on the west side, and a marked pick-up/drop-off lane on the east side, where parking would be restricted during school hours. In addition, MVUSD will install a new gate and construct a connecting walkway between the school and the park, allowing students to enter and exit through the park. A license agreement between the City and the MVUSD was approved at the October 7, 2025, City Council meeting, authorizing MVUSD to construct and maintain the gate and sidewalk.

Kingwood Road adjacent to the park is currently 44 feet wide, with all-way stop controls at its intersection with Torrey Pines Road and Tennyson Road. The speed limit along this segment is posted at 25 mph. To accommodate a passenger loading zone, the proposed striping will consist of the following:

Northbound Direction:
· 12-foot travel lane
· Designated 10-foot parking lane with appropriate passenger loading signage.

Southbound Direction:
· 22-foot shared travel lane and parking lane
A centerline stripe is also proposed along this segment to clearly delineate northbound and southbound traffic.

This measure is intended to enhance traffic flow and safety by reducing the likelihood of vehicles encroaching into opposing lanes and eliminating potential conflicts.

New signage will be installed adjacent to the pick-up/drop-off zone, prohibiting parking between 8:00 AM and 3:00 PM on school days and designating the area exclusively for passenger loading.

Staff mailed letters to approximately 125 homeowners in the vicinity of Vintage Park to notify them of the proposed changes and invited them to the November 19, 2025, Traffic Commission meeting to share any concerns that they may have. The City did not receive any feedback from residents prior to the meeting, and no residents attended the Traffic Commission meeting. The Traffic Commission approved the installation of a designated pick-up/drop-off zone on Kingwood Road adjacent to Vintage Reserve Park.

Per City of Murrieta Municipal Code 10.32.030, no stopping zones and no parking areas other than those associated with the establishment of left-turn lanes, right-turn lanes, vehicle maneuvering zones, and sight clearance zones must be established by Resolution of the City Council.

Staff recommends the installation of a designated pick-up/drop-off zone with restricted parking hours on school days on Kingwood Road adjacent to Vintage Reserve Park.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

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Agenda Item No. 14.

FISCAL IMPACT
The proposed striping and signage improvements for the designated pick-up/drop-off zone are expected to cost $6,700. Funding is available in the City’sNeighborhood Traffic Management Program (NTMP), CIP No. 13074 and will utilize Measure A and Gas Tax funds.

ATTACHMENTS
ATT 1 - Resolution No. 26-4928
ATT 2 - Pick-up/Drop-off Zone Exhibit
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RESOLUTION NO. 26- 4927

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, AUTHORIZING THE

INSTALLATION OF SIGNAGE AND DESIGNATION OF A

PICK-UP/DROP-OFF ZONE ON KINGWOOD ROAD

ADJACENT TO VINTAGE RESERVE PARK

WHEREAS, the City of Murrieta (City) received a request from the Murrieta Valley Unified School District (MVUSD) to allow a pedestrian walkway from the school playground into Vintage Reserve Park near Buchanan Elementary School as a way to reduce congestion along Torrey Pines Road during pick-up and drop-off times; and

WHEREAS, a license agreement between the City and MVUSD was approved at the October 7, 2025 City Council meeting authorizing the construction and maintenance of the gate and sidewalk by MVUSD; and

WHEREAS, the City prepared a signing and striping plan for installation of a designated pick-up/drop-off zone on Kingwood Road adjacent to Vintage Reserve Park; and

WHEREAS, the City mailed letters to approximately 125 residents in the vicinity of Vintage Reserve Park, notifying them of the potential signing and striping changes to Kingwood Road, and invited them to attend the Traffic Commission meeting held on November 19, 2025 to voice any concerns with the proposed changes; and

WHEREAS, the Traffic Commission approved the installation of a designated pick- up/drop-off zone on Kingwood Road adjacent to Vintage Reserve Park at its November 19, 2025 meeting; and

WHEREAS, per City of Murrieta Municipal Code 10.32.030, no stopping zones and no parking areas that are not associated with the establishment of left -turn lanes, right -turn lanes, vehicle maneuvering zones, and sight clearance zones must be established by Resolutio n of the City Council.

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

Section 1. That the installation of a designated pick-up/drop-off zone on Kingwood Road adjacent to Vintage Reserve Park near Buchanan Elementary School is approved.

PASSED AND ADOPTED this 21st day of April, 2026.

______________________________
Jon Levell, Mayor

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ATTEST:

_____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Cristal McDonald, City Clerk
257
4 4
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60'
PARK

RESERVE

VINTAGE
LINE DETAIL 27B (300')
INSTALL 6" WHITE EDGE
EDGE LINE DETAIL 27B (60')
INSTALL 6" WHITE
CENTER LANE DETAIL 21
INSTALL 6" YELLOW PAINT

KINGWOOD RD
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PASSENGER

SCHOOL DAYS
3TO8 AM PM
31-MAR-2026 14:24
\\cp.rickeng.com\projects\C19500\19870_CityofMurrietaAsNeededTraffic(CIP)\Traffic\PlanSets\Kingwood-pickup-dropoff\SD CorpStds 2005.dscript \\cp.rickeng.com\projects\C19500\19870_CityofMurrietaAsNeededTraffic(CIP)\Traffic\PlanSets\Kingwood-pickup-dropoff\19870-Kingwood-pickup-dropoff.dgn R25E (MOD)R25E (MOD)

SCHOOL DAYS
3TO8 AM PM
ONLY

PASSENGER

SCHOOL DAYS
3TO8 AM PM
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PASSENGER
30 MINUTE LIMIT 30 MINUTE LIMIT 30 MINUTE LIMIT
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 15.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Jennifer Terry, Finance Manager
SUBJECT:

Public Hearings to Form Community Facilities District No. 2026-1 (Gierson Ranch) of the City of Murrieta and to Annex into Community Facilities District No. 2025- 2 (Maintenance Services) and Community Facilities District No. 2025-S (Safety Services)

ABSTRACT
Staff recommends that the City Council open each of the three (3) public hearings regarding the formation of Community Facilities District (CFD) No. 2026-1 (Gierson Ranch), authorizing up to $8 million in bonded indebtedness, and annexing the Gierson Ranch project into CFD No. 2025-2 (Maintenance Services) and CFD No. 2025-S (Safety Services) and continue the public hearings to June 2, 2026.

The proposed 107-unit single-family residential development, located between Washington Avenue and Adams Avenue, would finance public infrastructure, Development Impact Fees (DIF), and eligible maintenance and safety services through the levy of special taxes under the Mello-Roos Act. The recommended actions continue the public hearings to June 2, 2026.

RECOMMENDATION
Open the public hearing regarding the formation of Community Facilities District No. 2026-1 (Gierson Ranch) of the City of Murrieta and continue the public hearing to June 2, 2026.

Open the public hearing as the Legislative Body of Community Facilities District No. 2025-2 (Maintenance Services) of the City of Murrieta regarding the annexation of territory to Community Facilities District No. 2025- 2 (Maintenance Services) of the City of Murrieta (Annexation No. 3-Gierson Ranch) and continue the public hearing to June 2, 2026.

Open the public hearing as the Legislative Body of Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta regarding the annexation of territory to Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta (Annexation No. 1-Gierson Ranch) and continue the public hearing to June 2, 2026.

PRIOR ACTION/VOTE
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Agenda Item No. 15.

On May 6, 2025, the city formed Community Facilities District No. 2025-2 (Maintenance Services) (Vote 5-0).

On July 15, 2025, the city formed Community Facilities District No. 2025-S (Safety Services).

On March 17, 2026, the City Council adopted a Resolution of Intention to Establish Community Facilities District No. 2026-1 (Gierson Ranch) of the City of Murrieta and a Resolution of Intention to Incur Bonded Indebtedness for Community Facilities District No. 2026-1 (Gierson Ranch) of the City of Murrieta and set a public hearing for April 21, 2026.

On March 17, 2026, the City Council adopted a Resolution of Intention to Annex Territory to Community Facilities District No. 2025-2 (Maintenance Services) of the City of Murrieta (Annexation No. 3-Gierson Ranch) and set a public hearing for April 21, 2026.

On March 17, 2026, the City Council adopted a Resolution of Intention to Annex Territory to Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta (Annexation No. 1-Gierson Ranch) and set a public hearing for April 21, 2026.

DISCUSSION
The Gierson Ranch Project and Community Facilities District No. 2026-1 The property owner of the proposed Gierson Ranch project within the City is Century Communities of California, LLC, a Delaware limited liability company (Property Owner), and the Property Owner has submitted a petition requesting that the City form Community Facilities District No. 2026-1 (Gierson Ranch) of the City of Murrieta (CFD No. 2026-1). The property to be included in the proposed CFD No. 2026-1 (Property) is located between Washington Avenue and Adams Avenue, near the corner of Washington Avenue and Ivy Street. The Gierson Ranch project is proposed to include approximately 107 single-family homes at full buildout and will be developed by the Property Owner.

The Property Owner has requested that the City form CFD No. 2026-1 to encompass the Property, in accordance with the Mello-Roos Act, to finance the costs of certain public improvements through the levy of a special tax and the issuance of bonds. The maximum amount of bonded indebtedness proposed is $8 million.

The proceeds of bonds issued by CFD No. 2026-1 are expected to be used to finance public facilities to be owned and operated by the City, as well as financing the payment of DIF owed by the Property Owner to the City, and to finance fees and public facilities to be owned and operated by the Murrieta Valley Unified School District and Western Municipal Water District.

On March 17, 2026, the City Council adopted a Resolution of Intention to Establish CFD No. 2026-1 and a Resolution of Intention to Incur Bonded Indebtedness for CFD No. 2026-1 and called for a public hearing to be held on April 21, 2026, regarding the proposed formation of CFD No. 2026-1.

At the request of the Property Owner, and due to the complexity of the proposed CFD No. 2026-1, staff recommend that the City Council open the public hearing on the formation of CFD No. 2026-1 at this meeting and continue the public hearing to the June 2, 2026 City Council meeting. At the June 2, 2026, City Council meeting, the City Council will be asked to conduct the public hearing and hold elections on the approval of the special taxes and the need to incur bonded indebtedness within CFD No. 2026-1. Staff will provide an updated CITY OF MURRIETA Printed on 4/16/2026Page 2 of 4
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agenda report for the June 2, 2026, City Council meeting.

Annexation to CFD No. 2025-2 (Maintenance Services) and CFD No. 2025-S (Safety Services) New development projects (such as the Gierson Ranch Project) meeting certain design criteria are required by the City’sCommunity Facilities District Goals and Policies, as amended in December 2023, to annex into Community Facilities District No. 2025-2 (Maintenance Services) of the City of Murrieta and Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta.

On March 17, 2026, the City Council adopted two (2) separate resolutions declaring the City Council’s intention to annex the Property into CFD No. 2025-2 (Maintenance Services) and CFD No. 2025-S (Safety Services), respectively, and called for public hearings to be held on the proposed annexations on April 21, 2026.

Like the proposed formation of CFD No. 2026-1, at the request of the Property Owner, and due to the complexity of the proposed annexations into CFD No. 2025-2 (Maintenance Services) and CFD No. 2025-S (Safety Services), staff recommends that the City Council open each of the public hearings regarding the proposed annexations and continue the public hearings to June 2, 2026. At the June 2, 2026, City Council meeting, the City Council will conclude the public hearings and hold elections on the approval of the special taxes within CFD No. 2025-2 (Maintenance Services) and CFD No. 2025-S (Safety Services). Staff will provide an updated agenda report for the June 2, 2026, City Council meeting.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of the public hearing was published on April 6, 2026, in the Press Enterprise and mailed to the Owner.

FISCAL IMPACT
The Property Owner has made a deposit of $65,000 to pay for the costs of the formation proceedings, which may be reimbursed to the Property Owner from proceeds of a future bond issuance in accordance with the reimbursement agreement with the Property Owner. If established and subject to necessary City Council and voter approvals, each of the CFDs will annually levy special taxes on all the taxable property within the applicable district in accordance with the applicable rate and method of apportionment. Such special taxes will be used to pay for the costs of services or facilities, administration of the CFDs, and, in the case of CFD No. 2026-1, debt service on bonds. Any bonds issued by CFD No. 2026-1 are not obligations of the City and will be secured solely by the Special Taxes levied within CFD No. 2026-1. The levying of special taxes for services is expected to alleviate some of the financial impact of the new development on the City's costs of providing such services to the Property.

Additionally, the Property Owner provided additional deposits of $30,000 to cover the annexation costs associated with the property annexing into CFD No. 2025-2 (Maintenance Services) and CFD No. 2025-S (Safety Services).

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Agenda Item No. 15.

ATTACHMENTS
None.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 16.

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

Financing for the Jefferson 82 Apartments Affordable Housing Project

ABSTRACT
The Jefferson 82 Apartments Affordable Housing Project was approved by staff in 2025, as required by State law. Subsequently the project developer applied to the California Municipal Finance Authority (CMFA) for bond funding. The City must conduct a public hearing in order for the bonds to be released.

RECOMMENDATION
Conduct a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, (IRS Code) as amended; and Adopt Resolution No. 26-4929 entitled: A Resolution of the City Council of the City of Murrieta Approving a Plan of Finance of the California Municipal Finance Authority to Issue and Reissue Revenue Bonds for a Qualified Residential Rental Project for the Benefit of Mirka Jefferson LLP or an Affiliate Thereof, and Certain Other Matters Relating Thereto.

PRIOR ACTION/VOTE
None.

STRATEGIC ALIGNMENT
The City Council’sgoal of planning, programming and creating infrastructure development is associated with this administrative priority.

DISCUSSION
In January 2022, the project applicant submitted a project to the City of Murrieta (City) for 100% affordable housing for very-low-income residents at 25185 Jefferson Avenue (Property), with 82 multi-family rental units (Project). On May 16, 2025, the Director of Development Services approved the Project. Subsequently, Mirka Jefferson, LP, a California limited partnership (Borrower), submitted an application to the CMFA, a Statewide joint powers authority (JPA) whose members are numerous public entities in the State, to request financing for CITY OF MURRIETA Printed on 4/16/2026Page 1 of 3
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Agenda Item No. 16.
joint powers authority (JPA) whose members are numerous public entities in the State, to request financing for the Project. For context, the City Council approved bond financing through the CMFA for three (3) affordable housing projects in 2025.

The Property is designated in the City’sHousing Element to help the City meet its Regional Housing Needs Allocation (RHNA) for lower-income households. The Property consists of two (2) parcels totaling approximately two (2) acres, Jefferson Avenue, Assessor’sParcel Nos.: 909-030-032 and 909-030-033, that are zoned Multi-Family 4 (MF-4), requiring a minimum of 30 dwelling units per acre, should an applicant propose multi-family residential development.

The Borrower requested that the CMFA serve as the municipal issuer of the bonds in an aggregate principal amount not to exceed $20,000,000 of tax-exempt revenue bonds. The proceeds of the bonds will be used to finance or refinance the acquisition, construction, development, and equipping of the Project described above, as approved.

In order for all or a portion of the bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (TEFRA Hearing) that provides members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for financing the Project. Prior to a TEFRA Hearing, reasonable notice must be provided to the community. Following the close of the TEFRA Hearing, an “applicableelected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the bonds for the financing of the Project.

California Municipal Finance Authority
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural, and community development by financing economic development and charitable activities throughout California. To date, over 350 municipalities, including the City of Murrieta, have joined CMFA. The CMFA was formed to assist local governments, non-profit organizations, and businesses in issuing taxable and tax-exempt bonds to improve the standard of living in California. The CMFA’srepresentatives and its Board of Directors have considerable experience in bond financing.

The bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability, or responsibility for the Project or the repayment of the bonds for the financing of the Project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers stating that the bonds are not obligations of the City or the State of California but are to be paid solely from funds provided by the Borrower.

Project Analysis
The proposed Project, if fully funded and built, is an important, very low-income, affordable multi-family residential project for the City and Southwestern Riverside County. Whereas this part of the County has seen extensive residential growth in recent years, the supply of affordable housing has not kept pace. Both HCD and Southern California Association of Governments (SCAG) have noted that affordable multi-family residential developments are the type of projects currently most needed to address the State’shousing supply shortage. The City did not see any very low-income housing units constructed during the most recent housing cycle from 2013-2021. The proposed Project would be a big step in the new housing cycle to help meet the City’sRHNA for 2021-2029, especially as very low-income units are typically among the hardest to build of the affordable unit types.

In light of the foregoing, and to support affordable housing, staff recommends that the City conduct the TEFRA Hearing and adopt a resolution in favor of the issuance of the bonds by the CMFA.

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CEQA Determination
The project was determined to be exempt under the California Environmental Quality Act (CEQA), and a Notice of Exemption was prepared for the project entitlement. The Guidelines for Implementation of the CEQA do not apply to the approval of this funding. The Development Plan for the Project has already been approved consistently with the Exemption posted and filed for the Project in 2025. The approval of bond funding does not alter the approved Project and is not a project itself as defined by CEQA. Therefore, the approval of funding for the Project is also not subject to CEQA

PUBLIC NOTICING
The agenda item has been publicly noticed as required by the Internal Revenue Code of 1986 and State law for a public hearing. Notice was published 10 days prior to this hearing pursuant to the requirements for a noticed public hearing.

FISCAL IMPACT
The bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the bonds for the financing of the Project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”),acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Murrieta, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

ATTACHMENTS
ATT 1 - Resolution No. 26-4929
ATT 2 - Vicinity Map of Proposed Project Area
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RESOLUTION NO. 26-4929

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA

APPROVING THE ISSUANCE OF THE CALIFOR NIA MUNICIPAL

FINANCE AUTHORITY EXEMPT FACILITY BONDS IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR

THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING

OF A QUALIFIED RESIDENTIAL RENTAL PROJECT TO BE OWNED

BY MIRKA JEFFERSON, LP OR AN AFFILIATE THEREOF , AND

CERTAIN OTHER MATTERS RELATING THERETO

WHEREAS, Mirka Investments, LLC , a California limited liability company (the “Sponsor”), on behalf of Mirka Jefferson, LP, a California limited partnership, or another ownership entity created the Sponsor or an affiliate thereof (such lim ited partnership or other ownership entity, the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $20,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of an 82-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 25185 Jefferson Avenue within the City of Murrieta, California (the “City”); and
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the City Council of the City of Murrieta (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code because the Project is located within the City; and WHEREAS, the Authority has advised that the Bonds may be issued pursuan t to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $20,000,000 to finance the Project, and all within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project.
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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 incorporated herein by reference.

Section 2. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $20,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall LLP
4 West 4th Avenue, Suite 406
San Mateo, CA 94402
Section 7. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 21st day of April, 2026.

Jon Levell, Mayor

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Resolution No. 26-4629

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ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. 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. 26-4629 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 21st day of April, 2026 and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________
Cristal McDonald, City Clerk

268
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 17.

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

Financing for the Vista Heights Apartments Affordable Housing Project

ABSTRACT
The Vista Heights Apartments Affordable Housing Project was approved by staff in 2025, as required by state law. Subsequently the project developer applied to the California Municipal Finance Authority (CMFA) for bond financing. The City Council must conduct a public hearing so that CMFA may issue bonds for the housing project.

RECOMMENDATION
Conduct a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, (IRS Code) as amended; and Adopt Resolution No. 26-4930 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the Issuance by the California Municipal Finance Authority Exempt Facility Bonds in an Aggregate Principal Amount Not to Exceed $42,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of Vista Heights Apartments and Certain Other Matters Relating Thereto.

PRIOR ACTION/VOTE
None.

STRATEGIC ALIGNMENT
The City Council’sgoal of planning, programming and creating infrastructure development is associated with this administrative priority.

DISCUSSION
On March 12, 2025, the Development Services Department approved a 214-unit multi-family housing development for low-income households (Project) at 40740 and 40720 Vista Murrieta and 25342 Jackson Avenue (Property). Subsequently, Vista Murrieta Housing LP (Borrower), in partnership with American CITY OF MURRIETA Printed on 4/16/2026Page 1 of 3
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Avenue (Property). Subsequently, Vista Murrieta Housing LP (Borrower), in partnership with American Neighborhood Housing (Developer), applied to the California Municipal Finance Authority (CMFA), a state- wide joint powers authority (JPA), whose members are numerous public entities in the State to request financing for the Project.

The Property is designated in the City’sHousing Element as a location intended to meet a portion of Murrieta’s Regional Housing Needs Allocation (RHNA) for lower-income households. The Property consists of three (3) parcels totaling approximately eight (8) acres between Vista Murrieta and Walsh Center Drive, Assessor’s Parcel Nos.: 949-190-020, 949-190-021, and 949-190-024, that is zoned Office with the underlying Transit Oriented Development (TOD) Overlay requiring a minimum of 30 dwelling units per acre should an applicant propose multi-family residential development utilizing the TOD Overlay.

The Borrower requested that the CMFA serve as the municipal issuer of the bonds in an aggregate principal amount not to exceed $42,000,000 of tax-exempt revenue bonds (Bonds). The proceeds of the Bonds will be used to finance or refinance the acquisition, construction, improvement, and equipping of the multifamily rental housing project described above, as approved.

For all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Murrieta (City) must conduct a public hearing (TEFRA Hearing) providing members of the community with an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to the TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

California Municipal Finance Authority
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural, and community development through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City of Murrieta, have joined CMFA. The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability, or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers stating that the Bonds are not obligations of the City or the State of California but will be paid for solely from funds provided by the Borrower.

Project Analysis
The proposed Project, if fully funded and built, would be an important low-income, affordable multi-family residential project for the City and Southwestern Riverside County. Whereas this part of the County has seen extensive residential growth over the past 20 years, the supply of affordable housing has not grown at the same rate. Both HCD and the Southern California Association of Governments (SCAG) have noted that affordable multi-family residential developments are the type of projects currently most needed to address the State’s housing supply shortage. The City did not see any low-income housing units constructed in the previous housing cycle from 2013-2021. The proposed Project assists the City in meeting the low-income target for the current housing cycle covering 2021-2029.

Considering the foregoing and to support affordable housing, staff recommends that the City conduct the CITY OF MURRIETA Printed on 4/16/2026Page 2 of 3
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TEFRA Hearing, execute the Joint Exercise of Powers Agreement of the CMFA, and adopt the resolution.

CEQA DETERMINATION
The Project was determined to be exempt under the California Environmental Quality Act (CEQA), and a Notice of Exemption was prepared for the Project entitlement in 2025. The Guidelines for Implementation of the CEQA do not apply to the approval of this funding. The Development Plan for Project has already been approved consistent with the Exemption posted and filed for the Project in 2025. The approval of bond funding does not alter the approved Project and is not a project itself as defined by CEQA. Therefore, the approval of funding for the Project is also not subject to CEQA.

PUBLIC NOTICING
The agenda item has been publicly noticed as required by the Internal Revenue Code of 1986 and State law for Public Hearing. Notice was published 10 days prior to this hearing pursuant to the requirements for a noticed Public Hearing.

FISCAL IMPACT
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (Foundation), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Murrieta, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the General Fund of the City, which may be used for any lawful purpose of the City.

ATTACHMENTS
ATT 1 - Resolution No. 26-4930
ATT 2 - Project Site Plan and Elevations
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RESOLUTION NO.26-4930

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY EXEMPT FACILITY BONDS IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $42,000,000 FOR

THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING

OF VISTA HEIGHTS APARTMENTS AND CERTAIN OTHER MATTERS

RELATING THERETO
WHEREAS, Vista M urrieta Housing LP (the “Borrower”) a partnership of which American Neighborhood Housing (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $42,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a mu ltifamily rental housing project located at 40740 & 40720 Vista Murrieta and 25342 Jackson Avenue, Murrieta, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved b y the City of Murrieta (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected r epresentatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;

NOW, THEREFOR E, THE CITY COUNCIL OF THE CITY OF MU RRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

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

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Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.

It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 4. The adoption of this Resolution shall no t obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 6. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 21st day of April, 2026.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

274

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. 26-4930 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 21st day of April , 2026, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_________________________
Cristal McDonald, City Clerk

275

TRIANGLE

TERRACES

VISTA MURRIETA SITE PLAN/ LANDSCAPE PLAN/ PROJECT INFORMATION EXCERPTS 276

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 18.

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

Introduction of an Ordinance Authorizing a Development Agreement between the City of Murrieta and French Valley Crossings, LP, a California limited partnership and Phelan Service Station, LP a California limited partnership, related to the Development of the French Valley Crossings

ABSTRACT
The City Council will conduct a public hearing and consider the adoption of an ordinance approving a 10-year Development Agreement to extend the development period of an approved approximately 37,800 square foot shopping center known as French Valley Crossings located at the southwest corner of Clinton Keith Road and Winchester Road.

RECOMMENDATION
Receive the staff report and conduct the public hearing; Find that the proposed Development Agreement is in compliance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, Section 15162, and that no further analysis is required under CEQA in connection with the approval of the Development Agreement; and Introduce and conduct the first reading of Ordinance No. 631-26 entitled: An Uncodified Ordinance of the City Council of the City of Murrieta, California, Approving a Development Agreement with French Valley Crossings, LP and Phelan Service Station, LP to Extend the Entitlements for the Development of a Commercial Shopping Center at the Southwest Corner of Winchester Road (Highway 79) and Clinton Keith Road (Development Agreement).

PRIOR ACTION/VOTE
In 2018, the Planning Commission approved the development of this project. Subsequent modifications to the site plan and extensions of the Planning Commission’s development approvals have been approved administratively by staff pursuant to the Murrieta Development Code (MDC) found in Murrieta Municipal Code Title 16.

At its meeting of March 25, 2026, after conducting a public hearing, the Planning Commission voted CITY OF MURRIETA Printed on 4/16/2026Page 1 of 3
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Agenda Item No. 18.
unanimously to recommend approval of the Development Agreement to the City Council (see Attachment 2).

STRATEGIC ALIGNMENT
The City Council’sgoal of aggressively pursue economic development is associated with this administrative priority.

DISCUSSION
The subject property is an approximate 10-acre parcel located at the southwest corner of Winchester Road and Clinton Keith Road (Site). Development of the Site has been anticipated since 2005 and was associated with the development of the property to the north, which is referred to as the Murrieta Marketplace. The Site’s planned separation from the Murrieta Marketplace occurred with Riverside County’s completion of the extension of Clinton Keith Road in 2024, which connected to Winchester Road. The original approval contemplated the development of a 37,800 square foot commercial center and private and public infrastructure on the Site. Development of the Site includes a fueling station, convenience store, car wash, and six other retail uses with drive-thru uses and freestanding pads, and includes a parcel map for the division of the Site into various parcels to facilitate the lease and financing of new commercial buildings on the Site. Collectively, these uses and improvements are referred to as the “Project”.The Development Agreement will extend the entitlements described above for 10 years. This will allow sufficient time for the construction of the Project, which will benefit the City by providing new restaurants, retail uses, and a gas station. More importantly, this Project will generate sales tax payable to the City.

The approved site plan is included as Exhibit A to the Development Agreement.

PUBLIC NOTICING
Notices regarding the public hearing were mailed to property owners of properties located within 300 feet of the Site. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
The Planning Commission recommends that the City Council determine that the proposed Development Agreement is in compliance with the provisions of CEQA Guideline Section 15162 and that no further analysis is required under CEQA in connection with the approval of the Development Agreement. This finding can be made because the proposed Development Agreement does not alter the approved Project, the proposed Development Agreement only extends time for the entitlements. Accordingly, no new environmental impacts will be created as a result of the approval of the Development Agreement and the prior CEQA Approvals remain adequate.

FISCAL IMPACT
Approving the Development Agreement has no fiscal impact. Development of a new shopping center will eventually generate property and sales-tax revenue that can be used to fund City services and facilities.

ATTACHMENTS
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Agenda Item No. 18.

ATT 1 - Ordinance No. 631-26
ATT 2 - French Valley Planning Commission Report
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01375.0005 2075160.1 - 1 -
ORDINANCE NO. 631-26

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF MURRIETA, CALIFORNIA , APPROVING A

DEVELOPMENT AGREEMENT WITH FRENCH VALLEY

CROSSINGS, LP AND PHELAN SERVICE STATION, LP TO

EXTEND THE ENTITLEMENTS FOR THE DEVELOPMENT OF

A COMMERCIAL SHOPPING CENTER AT THE SOUTHWEST
CORNER OF WINCHESTER ROAD (HIGHWAY 79 ) AND

CLINTON KEITH ROAD

Summary: This ordinance adopts a Development Agreement for the construction of a shopping center at the southwest corner of Winchester Road (Highway 79) and Clinton Keith Road to extend the project’s entitlements.

WHEREAS, consistent with Murrieta Municipal Code Section 16.54.040(A)(3), French Valley Crossings, LP, a California limited partnership and Phelan Service Station, LP, a California limited partnership (collectively, “Developers”) proposed to enter into a Development Agreement with the City of Murrieta (“City”) to extend the entitlements for the development of a 37,800 square foot commercia l center and private and public infrastructure on the property (collectively, “Project”) owned by Developers . The Project will include a fueling station , convenience store , car wash , and six other retail uses on an undeveloped lot located on approximately 11.40 acres of land at the southwest corner of Winchester Road Hwy 79 and Clinton Keith Road (APNs 963 -060-079 and a portion of 963 -060-077) in Murrieta, California (“Site”); and

WHEREAS, California Government Code Sections 65864 et seq. (“Development Agreement Law”) and Murrieta Municipal Code Chapter 16.54 (“City Development Agreement Ordinance”) authorize the City to enter into binding development agreements for the purpose of providing an enhanced degree of certainty in the development process for both the property owner/developer and the affected public agency; and

WHEREAS, on September 9, 2020, the City Planning Commission adopted Resolution No. PC-2020-11 approving Tentative Parcel Map (TPM) 35036 (Case No. TPM -2019-1721), a Development Plan (2018-1720), Conditional Use Permit (2018 -1722) and Variance (2020-2039) each as conditioned thereby pursuant to the Conditions of Approval (collectively, “Entitlements”) to approve the development of the Project on the Site . T he City Planning Commission approvals included consideration of previously adopted Environmental Impact Report State Clearinghouse No. 200503 1028 (“EIR”) and the various addendums thereto and adopted an Addendum to the EIR (collectively with previously approved EIR and addenda, “CEQA Approvals”); and

WHEREAS, without the approval of the Development Agreement (“DA”), the Project will expire September 9, 2026. Pursuant to the Developers’ request, the City and Developer s have negotiated and agreed to the DA, attached hereto as Exhibit A, which will extend the term of the Entitlements through September 9, 2036; and
280

01375.0005 2075160.1 - 2 -

WHEREAS, the Project will benefit the City by providing new restaurants, retail uses, and a gas station for residents and City visitors to patronize which will generate sales tax payable to the City; and

WHEREAS, at a duly -noticed public hearing on March 25, 2026, the City Planning Commission considered the approval of the DA and a proposed categorical exemption under CEQA (“Categorical Exemption”), and at the conclusion of the hearing and after considering the evidence and arguments submitted by City staff, the Developer s, and all interested parties, found the DA consistent with the goals and policies of the General Plan and the zoning code and adopted Resolution No. P C-2026-01 recommending the approval of the DA and the Categorical Exemption; and

WHEREAS, the City Council held a duly noticed public hearing regarding the DA on April 21, 2026, and considered the recommendation of the City Planning Commission and the evidence, testimony, and arguments submitted by City staff, the Developer s, and all interested parties; and

WHEREAS, the City Council finds and determines that all actions required of City pr ior to approval of the DA by the City Council have been duly and regularly taken and all legal prerequisites of the adoption of this Ordinance have occurred.

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

SECTION 1. The above recitals are true and correct and are hereby incorporated into this Ordinance as set forth herein.

SECTION 2. That, as conditioned, the Project conforms to the regulations contained within Title 16, the Murrieta Development Code, and with the adopted elements of the Murrieta General Plan.

SECTION 3. Based upon the evidence presented, the City Council makes the following findings of fact for the adoption of the DA attached as Exhibit A pursuant to Murrieta Municipal Code Section 16.54.070:

a. The Development Agreement is in the best interests of the city.

The proposed Development Agreement is in the best interests of the City because it provides certainty regarding the continued implementation of a previously approved commercial development that will provide retail services, employment opportunities, and tax-generating uses for the community. The Agreement facilitates the orderly development of the Site by allowing the approved project additional time to proceed while maintaining all previously adopted conditions of approval and development standards. The Development Agreement also benefits the City by encouraging investment in commercial development at a prominent intersection along Winchester Road (State Route 79) and Clinton Keith Road, a key commercial corridor within the community. 281

01375.0005 2075160.1 - 3 -
Implementation of the approved commercial center will contribute to the City’s economic base through the provision of retail services and the generation of sales tax and other local revenues that support municipal services. By providing development certainty while preserving the City’s regulatory authority through the existing conditions of approval and applicable municipal regulations, the Development Agreement promotes economic development, supports the City’s long -term planning objectives, and therefore serves the best interests of the City.

b. The Development Agreement is consistent with the objectives, policies, general land uses, and programs of the general plan, any applicable specific plan, and this development code.

c. The Development Agreement is compatible with the surrounding development .

The Site is designated Commercial in the Murrieta General Plan and zoned Regional Commercial (RC) under the Development Code. The Project, consisting of a commercial retail center including fueling, retail, and service uses, was previously determined to be consistent with these designations and applicable development standards. The Development Agreement does not alter those approvals and therefore maintains consistency with the City’s adopted land use framework and regulatory requirements.

The Agreement facilitates the development of the Project which is located at a significant regional travel intersection in southwest Riverside County - Clinton Keith Road and Winchester Road. The east side of Winchester Road at Clinton Keith Road was the developed under the jurisdiction of Riverside County and includes similar commercial development such as fast food restaurants, a neighborhood commercial center consisting of a Stater Brothers grocery store, CVS Drugstore, Starbucks, and other ancillary retail uses like banks, gas stations, and smaller industrial and office buildings. The Development Agreement facilitates similar retail and commercially oriented uses and is therefore compatible with surrounding development.

d. The Development Agreement will not adversely affect public health, safety, or welfare.

01375.0005 2075160.1 - 4 -
project additional time to proceed while maintaining all previously adopted conditions of approval and development standards. The Project also does not increase the severity of any environmental impacts not previously known.

The proposed Development Agreement will not adversely affect the public health, safety, or general welfare because it does not modify the approved project, increase development intensity, or introduce new land uses beyond those previously evaluated and approved by the City. The Development Agreement solely extends the duration of previously approved entitlements for the French Valley Crossings project.

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, the City has determined that none of the conditions requiring preparation of a subsequent or supplemental environmental document have occurred. There are no substantial changes to the project, no substantial changes in the circumstances under which the project is undertaken, and no new information of substantial importance that would result in new significant environmental impacts or a substantial increase in the severity of previously identified impacts.

The previously certified 2005 Environmental Impact Report for the Marquis/Westmar Commercial Project (SCH No. 2005031028), together with subsequent addenda prepared for the French Valley Crossings project, adequately evaluated the environmental effects of the approved development, including those related to public health, safety, and welfare. The Development Agreement does not alter those conclusions, and all previously adopted mitigation measures and conditions of approval remain applicable.

Accordingly, the approval of the Development Agreement resulting in an extension of the entitlement period for 10 additional years will not affect public health, safety, or welfare.

SECTION 4. Based upon all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the City Council hereby finds that the proposed approval of the DA and the construction of the Project does not require further analysis under the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) ("CEQA"), pursuant to CEQA Guidelines 151 62, because the DA does not alter the approved Project and is only extending the term of the Entitlements which were previously analyzed under CEQA and said CEQA analysis remains adequate because no new environmental impacts will be created as a result of the approval of the DA.

SECTION 5. The City Manager and City Clerk, and their designees, are authorized and directed to take such actions and execute such documents and certifications as may be necessary to implement and affect execution, recordation and enforcement of this Ordinance and the DA.

SECTION 6. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said DA with the County Recorder within 10 days after the City signing the DA.

SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent 283

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jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 8. This Ordinance shall become effective on the thirty -first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

PASSED AND ADOPTED this ___ day of ________, 2026.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. 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 Ordinance No. 631-26 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2026, 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

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 631-26 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Introduced Ordinance:

Adopted Ordinance:

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2026.

Cristal McDonald, City Clerk

285
286

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Murrieta
One Town Square
Murrieta, CA 92562
Attention: City Clerk

APN: 963-060-086 (Space Above For Recorder’s Use)
Exempt from Recording Fees pursuant to Government Code Section 27383

DEVELOPMENT AGREEMENT

between

CITY OF MURRIETA,
a California general law city and municipal corporation and
French Valley Crossings, LP
a California limited partnership
and
Phelan Service Station, LP
a California limited partnership
Reference dated as of __________, 2026

287

TABLE OF CONTENTS
Page
French Valley Development Agreement -i-
RECITALS ..................................................................................................................................................1

1. DEFINITIONS AND EXHIBITS. ...................................................................................................2

1.1 Definitions............................................................................................................................2

1.2 Exhibits. ...............................................................................................................................6

2. GENERAL PROVISIONS. .............................................................................................................6

2.1 Binding Effect of Agreement. ..............................................................................................6

2.2 Term. ....................................................................................................................................7

2.3 Assignment and Transfer. ....................................................................................................7

2.4 Voluntary Amendment or Cancellation of Agreement. .......................................................7

2.5 Termination. .........................................................................................................................7

2.6 Representations and Warranties. ..........................................................................................8

2.7 Notices. ................................................................................................................................9

3. DEVELOPMENT OF THE PROPERTY. .....................................................................................10

3.1 Vested Right to Develop. ...................................................................................................10

3.2 Effect of Agreement on Land Use Regulations; Development Exactions; Development Plan; Submittal of Subsequent Development Approvals. ...........................10

3.3 Intentionally Omitted. ........................................................................................................11

3.4 Timing of Development; Public Improvements Phasing. ..................................................11

3.5 Changes and Amendments to Existing or Subsequent Development Approvals. .............11

3.6 Reservations of Authority. .................................................................................................12

3.7 Subsequent Development Approvals. ................................................................................12

3.8 Modification or Suspension by State or Federal Law. .......................................................13

3.9 City Acquisition of Offsite Real Property Interests for Public Right of Way Purposes. ............................................................................................................................13

3.10 Legally Binding Contract; Enforceability. .........................................................................13

3.11 Future Use of CEQA Approvals. .......................................................................................13

3.12 Extension of Term of Map and Other Development Permits. ...........................................14

4. PUBLIC BENEFITS. .....................................................................................................................14

4.1 Project Objectives. .............................................................................................................14

4.2 Credit/Reimbursement for Offsite Improvements. ............................................................15

4.3 Offsite Improvements. .......................................................................................................15

5. OPERATING MEMORANDUM. .................................................................................................15

6. REVIEW FOR COMPLIANCE. ...................................................................................................15

6.1 Periodic Review. ................................................................................................................15

6.2 Procedure. ..........................................................................................................................16

6.3 No Waiver. .........................................................................................................................16

6.4 Proceedings for Modification or Termination. ..................................................................16

6.5 Hearing on Modification or Termination. ..........................................................................16

6.6 Certificate of Agreement Compliance. ..............................................................................17 288
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7. NO CROSS-DEFAULTS. .............................................................................................................17

8. DEFAULT AND REMEDIES. ......................................................................................................17

8.1 Remedies in General. .........................................................................................................17

8.2 Specific Performance. ........................................................................................................18

8.3 Release. ..............................................................................................................................18

8.4 City’s Termination of Agreement or Exercise of Other Remedies Upon Developer’s Default. ..........................................................................................................18

8.5 Developer’s Termination of Agreement or Exercise of Other Remedies Upon City’s Default. ....................................................................................................................19

8.6 Informal Resolution. ..........................................................................................................19

9. THIRD PARTY LITIGATION. ....................................................................................................19

9.1 Defense of Third Party Litigation. .....................................................................................19

9.2 Extension of Term. .............................................................................................................19

10. MORTGAGEES. ...........................................................................................................................20

10.1 Mortgagee Protection. ........................................................................................................20

11. INSURANCE; INDEMNIFICATION. ..........................................................................................20

11.1 Insurance. ...........................................................................................................................20

11.2 Indemnification. .................................................................................................................22

12. MISCELLANEOUS PROVISIONS. .............................................................................................23

12.1 Recordation of Agreement. ................................................................................................23

12.2 Entire Agreement. ..............................................................................................................23

12.3 Estoppel Certificates. .........................................................................................................24

12.4 Severability. .......................................................................................................................24

12.5 Interpretation and Governing Law. ....................................................................................24

12.6 Section Headings. ..............................................................................................................24

12.7 Singular and Plural. ............................................................................................................24

12.8 Including. ...........................................................................................................................24

12.9 Time of Essence. ................................................................................................................24

12.10 Calendar Periods. ...............................................................................................................24

12.11 Waiver. ...............................................................................................................................24

12.12 No Third Party Beneficiaries. ............................................................................................25

12.13 Permitted Delays. ...............................................................................................................25

12.14 Successors in Interest. ........................................................................................................25

12.15 Counterparts. ......................................................................................................................25

12.16 Jurisdiction and Venue. ......................................................................................................25

12.17 Project as a Private Undertaking. .......................................................................................25

12.18 Further Actions and Instruments. .......................................................................................25

12.19 Eminent Domain. ...............................................................................................................26

12.20 Attorneys’ Fees. .................................................................................................................26

12.21 Authority to Execute. .........................................................................................................26 289
French Valley Development Agreement -1-

DEVELOPMENT AGREEMENT
(French Valley Crossings)
This Development Agreement (as further defined in Section 1.1, “Agreement”) is entered into between the CITY OF MURRIETA, a California general law city and municipal corporation (as further defined in Section 1.1 “City”); and French Valley Crossings, LP, a California limited partnership and Phelan Service Station, LP a California limited partnership, as tenants-in-common (collectively, and as further defined in Section 1.1 , “Developer”). This Agreement is dated as of _____________, 2026 for reference only. This Agreement will not become effective until the “Effective Date” (defined in Section 1.1). City and Developer are entering into this Agreement in reliance on the facts set forth in the Recitals, below.

RECITALS
A. Developer owns approximate ly 10.153 acres of land located west of Winchester Road Hwy 79 and south of Clinton Keith Road in the City of Murrieta, California (APN 963-060- 086) (“Property”) legally described on the attached Exhibit A and depicted on the attached Exhibit B (“Site Plan ”). Developer intends to develop the Project (defined below) on the Proper ty. A portion of the Property was acquired by Developer from City as documented in Certificate of Compliance with the California Subdivision Map Act dated April 1, 2025 and recorded on April 7, 2025 in the official records of Riverside County as Instrument No. 2025-0102672.

B. On September 9, 2020, the City Planning Commission adopted Resolution No PC- 2020-11 with respect to the Property, approving Tentative Parcel Map (TPM) 35036 (Ca se No.

TPM-2019-1721), a Development Plan (DP-2018-1720), Conditional Use Permit (2018-1722) and Variance (VAR-2020-2039) each as conditioned thereby pursuant to the Conditions of Approval.

The foregoing development approvals authorized a nine (9) parcel map to b e developed with a 37,800 square foot commercial center including 7 buildings and private and public infrastructure on the Property. Developer intends to construct a fueling station, a convenience store, a car wash and six other retail uses on the Property including fast food restaurants, fast casual restaurants and restaurants with drive -thrus, in up to three phases ( as further defined in Section 1.1, “Project”).

The Planning Commission approval included consideration of previously adopted Environmental Impact Report State Clearinghouse No. 2005031028 (“ EIR”) and the various addendums thereto and adopted an Addendum to the EIR in 2020 (collectively with previously approved EIR and addenda, “CEQA Approvals”).

C. On September 15, 2021, the City of Murrieta Planning Division acted administratively to approve Substantial Conformance (SC) 2021-2294 with respect to Parcel 2 of approved TPM 35036 to permit a vehicle fueling station thereon as conditioned and to reaffirm the effectiveness of the other Development Approvals, including the Conditions of Approval.

D. Developer submitted an additional substantial conformance request (SC -2023- 0003) in 2025 to extend the time period for the Development Approvals described above and to modify building sizes and uses. SC-2023-0003 was approved by the City on February 12, 2026.

E. City is authorized under Section 7 of the California Constitution and Government Code Section 65864, et seq. (“Development Agreement Law”) to enter into binding development 290
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agreements with persons having legal or equitable interests i n real property for the development of that property.

F. Developer has applied to City for approval and enactment of this Agreement in order to preserve the Development Approvals for the Property while addition al development approvals are under consideration and to permit adequate time for phasing and cons truction following such approvals. The City Planning Commission (“Planning Commission”) and the City Council (“City Council”) have conducted public hearings and have found that this Agreeme nt is consistent with City’s General Plan (“ General Plan ”), including the General Plan Land Use Element.

G. On ________, 2026, the Planning Commission made CEQA findings and adopted Resolution No.____-__ recommending that the City Council approve an ordinance approving this Agreement.

H. On ________, 2026, the City Council made CEQA findings and adopted Ordinance No.____-__ (“Enacting Ordinance”), which approved this Agreement.

I. By adopting the Enacting Ordinance, the City Council elected to exercise its governmental powers with regard to the Development of the Pro perty to assure that previously approved map, permits and entitlements for the Project remain in effect to permit development of the Project as approved by the City. This Agreement binds City and future Cit y Councils and limits the City Council’s future exercise of its police power s in exchange for the public benefits conveyed by Developer to the City. This Agreement has been found by the City Council to be fair, just and reasonable and in the best interests of City’s citizens and the health, safety and welfare of the public.

J. All of City’s prior actions and approvals with regard to this Ag reement complied with all applicable legal requirements related to notice, public hearings, findings, votes, and other procedural matters.

K. The Development of the Property in accordance with this Ag reement will provide substantial benefits to City. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Property, ensures the progressive installat ion of necessary public improvements to serve the Project, and serves the purposes of the Development Agreement Law.

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following initially capitalized terms used in this Agreement have the following meanings:
“Agreement” means this Development Agreement and all attachments and exhibits thereto. “Annual Monitoring Report” has the meaning ascribed to the term in Section 6.1. “Applications” has the meaning ascribed to the term in Section 3.7.b. 291
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“CEQA” means the California Environmental Quality Act, codified at Pub lic Resources Code Section 21000 et seq. and the CEQA Guidelines, 14. C.C.R. Section 15000 et seq. “CEQA Approvals” has the meaning ascribed to the term in Recital B. “Certificate of Agreement Compliance ” or “ Certificate” has the meaning ascribed to the term in Section 6.6.
“Certificate of Occupancy ” means a document issued by City’s Building Department, certifying a building’s compliance with applicable building codes and othe r laws, and indicating it to be in a condition suitable for occupancy.
“City” means the City of Murrieta, a California general law city and municipal corporation, its successors and assigns, and its related or subordinate boards, commissions, and entities. “City Council” means the City Council of the City of Murrieta. “Claims or liabilities” has the meaning ascribed to the term in Section 11.2(a). “Conditions of Approval” means the Conditions of Approval attached as Exhibit C to this Agreement and incorporated herein by this reference.
“Developer” is defined in the preamble to this Agreement and the respec tive successors and assigns of each of French Valley Crossings, LP, Phelan Service Station, LP and B.I. B riggs, LLC, provided that the term Developer shall not include any End User. “Developer Transferee” shall mean a Person to which Transferor has conveyed fee title to a portion of the Property and has assigned the obligations under this Agreeme nt as further described in Section 2.3.
“Development” means the subdivision and improvement of the Property for the purposes of constructing or reconstructing the public and private structures , improvements and facilities comprising the Project, including: grading; the construction or reconstruction of infrastructure and public and private facilities related to the Project, whether located within or outside the Property; the construction or reconstruction of buildings and structures; and, the installation of landscaping. “Development” does not i nclude the maintenance of any building, structure, improvement or facility after its construction and completion.
“Development Agreement Law” has the meaning ascribed to the term in Recital E. “Development Approvals” mean all site -specific (meaning specifically applicable to the Property only and not generally applicable to some or all other properties within the City) plans, maps, approvals, permits and other entitlements applicable to the De velopment of the Propert y, including: specific plans and specific plan amendments; tentative and final subdivision and parcel maps; conditional use permits, public use permits and site plans; zoning; variances; and, grading and building permits. The term De velopment Approvals does not include (i) rules, regulations, policies, and other enactments of general application within the City author ized to be applicable 292

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to the Property pursuant to this Agreement, or (ii) any matte r where City has reserved authority under this Agreement.
“Development Exactions” mean any monetary or non -monetary exaction or mitigation measure, including a Development Impact Fee, imposed by City in connection with a Development Approval or in connection with the granting of any other right, privilege or approval pertaining to the Project, including requirements for land dedication or for public c onstruction either within or outside the Property.
“Development Impact Fee” means a monetary payment authorized by Government Code Section 66001, et seq., imposed legislatively on a broad class of development projects. The City may apply subsequently adopted development impact fee increases to development of the Property provided the same are lawfully imposed, are applied uniformly to development either throughout the City or within a defined area of benefit that includes the Property, are not applied on an ad hoc basis solely to the Project, and do not physically prevent development of the Property for the uses and to the density and intensity of development set forth in this Agreement. “Development Plan” means the proposed plan for Development of all or a portion of the Property pursuant to the Existing Development Approvals and Subsequent D evelopment Approvals, in accordance with the Existing Land Use Regulations and applicable Subsequent Land Use Regulations, subject to the Reservations of Authority. “Director” means the Director of Development Services.
“Effective Date” means the date which is thirty (30) days following the second reading and adoption of the Enacting Ordinance.
“EIR” has the meaning ascribed to the term in Recital B. “Enacting Ordinance” has the meaning ascribed to the term in Recital H. “End User” means any Person that acquires or leases a parcel within the Property with the intent to operate a retail or wholesale business thereon, provided that, unless otherwise determined by Developer, an “End User” shall not be a Developer Transferee. “Existing Development Approvals” mean all Development Approvals approved o r issued by City prior to adoption of the Enacting Ordinance, including the Development Approval s described in Recitals B through D, Recital G and Recital H. “Existing Land Use Regulations” mean all Land Use Regulations in effect as of the second reading and adoption of the Enacting Ordinance as the same may have been modified or superseded pursuant to the Existing Development Approvals or this Agreement. “General Plan” has the meaning ascribed to the term in Recital F. “Including” or “including” has the meaning ascribed to the term in Section 12.8. 293

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“Land Use Regulations ” mean all ordinances, resolutions, codes, rules, regulations and official written policies of the City and/or any subsidiary district of the City and/or any joint powers authority or council of governments of which the City is a member which affect, govern, or apply to land development and use of the Property, including those governing: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; Development Ex actions; design, improvement and construction standards and specifications applicable to the Development of the Property; and the reservation or dedication of land for public purposes, all as may be modified or supplemented p ursuant to this Agreement. “Land Use Regulations” do not include any ordinance, resolution, code, rule, regulation or official policy governing: the conduct of businesses, professions, and occupations; taxes and assessments; the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; or the exercise of the power of eminent domain. “MMRP” means the mitigation monitoring and reporting program for assessing and ensuring compliance with required mitigation measures, which was approved by the City in conjunction with the Planning Commission’s approval of the Existing Development Approvals. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust, or any other security-device lender, and their successors and assigns. “Notice” has the meaning ascribed to the term in Section 2.7.a. “Offsite Property” has the meaning ascribed to the term in Section 3.9. “Operating Memorandum” has the meaning ascribed to the term in Section 5. “Parties” mean City and Developer, collectively.
“Party” means either City or Developer, individually.
“Permitted Delay” means delays in a Party’s performance due to: changes in local, state or federal laws or regulations; strikes; delays caused by governmen tal agencies in processing and issuing permits and approvals; third party litigation, a development moratorium (including a water or sewer moratorium) or the actions of other public agencies t o prohibit Development of the Property; civil commotion, fire, acts of God, war, lockouts, riots, floods, ea rthquakes, epidemic, quarantine, freight embargoes, and/or failure of contractors to perform; any third-party court action to set aside or modify the Development Approvals; or, other ci rcumstances beyond a Party’s reasonable control and which substantially interfere with eith er Party’s ability to perform its obligations under this Agreement. “Permitted Delays” do not include delays attri butable to Developer’s inability to obtain funds or financing or due to changes in market conditi ons or demands, whether or not foreseeable as of the Effective Date. “Person” means and refers to any association, corporation, governmental entity or agency, individual, joint venture, joint -stock company, limited liability company, partnership, trust, unincorporated organization, or other entity of any kind, including City and Developer. “Planning Commission” means the Planning Commission of the City of Murrieta. 294

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“Project” means the Development of the Property in accordance with the Development Plan as further described in Recital B, as the Development Plan may be further defined, enhanced or modified in accordance with this Agreement.
“Property” has the meaning ascribed to the term in Recital A. “Reservations of Authority” mean the rights reserved to City under Section 3.6. “Site Plan” has the meaning ascribed to the term in Recital A. “Subsequent Development Approvals” mean all Development Approvals approved by City subsequent to the Effective Date in connection with development of the Property that are adopted in accordance with the Development Plan or in accordance with Subsequent Land Use Regulations adopted consist ent with the requirements of this Agreement, including the Re servations of Authority.
“Subsequent Land Use Regulations” mean all Land Use Regulations adopted and effective after the Effective Date that are adopted in accordance wit h the Development Plan and the requirements of this Agreement, including the Reservations of Authority. “Term” has the meaning ascribed to the term in Section 2.2. “Transfer” has the meaning ascribed to the term in Section 2.3. “Transfer Property” has the meaning ascribed to the term in Section 2.3. “Transferor” has the meaning ascribed to the term in Section 2.3.

Other initially capitalized terms used in this Agreement but n ot otherwise set forth in Section 1.1, above, will have the meaning given to those terms where they first appe ar in this Agreement.

1.2 Exhibits. The following documents are attached to a part of this Agreement:

Exhibit A Legal Description of Property
Exhibit B Site Plan
Exhibit C Conditions of Approval

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is made subject to this Agreement and the Development of the Property may be carried out in accordance with this Agree ment. The benefits and burdens of this Agreement touch and concern the Property and bind Developer and all future owners of all or any portion of the Property.
295

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2.2 Term. The term (“Term”) of this Agreement will commence on the Effective Date and will expire on the tenth (10th) anniversary of the Effective Date , unless terminated sooner by operation of some other provision of this Agreement or extended in accordance with Section 9.2.

2.3 Assignment and Transfer . Developer may sell, lease, license, hypothecate, transfer, or assign (any or all of the foregoing, individually and collectively, “ Transfer”) the Property and in connection therewith assign this Agreement in whole or in part to any Person at any time provided that no partial Transfer may violate the Subdivision Map Act, Government Code Section 66410, et seq.); provided that any Transfer shall be subject to City’s reaso nable review and approval, including a review of any unmet conditions of development, which approval shal l not be unreasonably withheld and provided further that no assignment of its rights and interests under this Agreement to a Person may be made by Developer unless made together w ith the Transfer of all or a part of the Property (“Transfer Prop erty”). City’s City Manager’s approval or disapproval must be by Notice and must be given within thirty (30) days after the Transferor submits Notice to City’s City Manager describing the propose d Transfer and the proposed Developer Transferee. If City fails to provide Notice within the thirty (30) day period, then City’s approval will be deemed to be irrevocably given and the Transferor and Developer Transferee may rely on City’s deemed approval.

Following any Transfer to a Developer Transferee, the Developer Transferee shall assume in writing all obligations of the transferor Developer (“ Transferor”) pertaining to the Transfer Property and shall be the “Developer” with respect to the Transfer Property and the portion of the Project developed or to be developed thereon (including satisfaction of conditions of approval and other entitlement requiremen ts with respect thereto) and once said writing has been reco rded against the Transfer Property, Transferor thereupon automatically shall be released from any and all obligations under this Agreement with respect to the Tran sfer Property arising from and after the date of the Transfer. If requested by Transferor, the City shall promptly memorialize such release in writing in recordable form. Notwithstanding the foregoing, no End User shall have any rights under this Agreement and Transferor shall, notwithstanding the sale or leas e of any parcel comprising a portion of the Property to an End User continue to be responsi ble to perform all obligations under this Agreement with respect to each parcel owned or leased by an End User following such Transfer.

2.4 Voluntary Amendment or Cancellation of Agreement. This Agreement may be voluntarily amended or cancelled in whole or in part only with the written conse nt of City and all Persons holding fee title to that portion of the Property to which the amendment or cancellation will apply. The amendment or cancellation process must comply with Government Code Section 65868.

This Section 2.4 does not limit the operation of Government Code Section 65869.5.

2.5 Termination. This Agreement will automatically terminate upon the occurrence of any of the following events:
a. The expiration of the Term.
b. The entry of a final judgment setting aside, voiding or annulling the City Council’s adoption of the Enacting Ordinance.
296

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c. The adoption of a referendum measure overriding or repealing the Enacting Ordinance.
d. The completion of the Project, as evidenced by the issuance of al l required Certificates of Occupancy for the Property and the acceptance of all required public dedications. e. Upon a Party’s election to terminate this Agreement in accordance with Section 8.4 or Section 8.5. If the terminating Party under Section 8.5 does not own the entirety of the Property, then the termination will apply only to that portion of the Property owned by the terminating Party.

2.6 Representations and Warranties.
a. City represents and warrants to Developer, as follows:
i. City is a public body, corporate and politic. City is authorized to enter into this Agreement pursuant to Government Code Section 65864, et seq., and the execution and delivery of this Agreement by City has been fully authorized by all re quisite actions on the part of City.
ii. City’s execution and delivery of this Agreement and City’s performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. iii. City has not received any notice of, or knows of any basis for, any actual or pending litigation or proceeding by any Person against City with respect to the Property or this Agreement.
b. Developer represents and warrants to City, as follows:
i. Developer is either the owner of fee simple title to the Pr operty or has an equitable interest in the Property, including an option to purchase the Property. ii. Developer’s execution and delivery of this Agreement and Developer’s performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by whic h it is bound.
iii. Developer is not the subject of bankruptcy or receivership proceedings and is not insolvent.
iv. Developer has not received any notice of, or knows of any basis for, any actual or pending litigation or proceeding by any Person against Developer with respect to the Property or this Agreement.
v. Each entity that constitutes the Developer is a duly organized limited partnership established within and in good standing under the laws of the State of Cali fornia, as applicable, and is authorized to do business in the State of California. The execution and delivery 297

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of this Agreement by Developer has been fully authorized by all requisite a ctions on the part of Developer.

2.7 Notices.
a. As used in this Agreement, the term “ Notice” means any request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other requi red or permitted communication.
b. All Notices must be in writing and will be considered given:
i. When delivered in person to the recipient named below. ii. On the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope, postage prepaid, as either registered or certified mail, return receipt requested.
iii. On the date of delivery shown in the records of a reputable delivery service (e.g. UPS or Federal Express).
c. All Notices must be addressed as follows:

City:

City of Murrieta
One Town Square
Murrieta, CA 92562
Attn: Justin Clifton, City Manager
Email:

[email protected]
With a copy to:

City of Murrieta
One Town Square
Murrieta, CA 92562
Attn: Scott Agajanian
Email:

[email protected]
With a copy to:

Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Tiffany J. Israel, City Attorney
Email:
[email protected]
If to Developer:

French Valley Crossings LP
Phelan Service Station, LP
c/o J & T Management
P.O. Box 1958 or (for overnight
deliveries) 139 Radio Road
Corona, CA 92879
Attn: Jack Kofdarali
Email:
[email protected]
298

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With a copy to:

Hepner & Myers LLP
1241 Johnson Avenue, Suite 360 San
Luis Obispo, CA 93401
Attn: Amanda Myers
Email:
[email protected]

d. Either Party may, by Notice given at any time, require subsequent Noti ces to be given to another Person or to a different address, or both. Notices given b efore receipt of Notice of change of address will not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Vested Right to Develop. Subject to the terms of this Agreement, Developer has the legally vested right to develop the Property in accordance with, and to extent of, t he Development Plan, the Development Approvals, the Existing Land Use Regul ations, applicable Subsequent Development Approvals, applicable Subsequent Land Use Regulat ions, and this Agreement. Except as otherwise provided in this Agreement, the p ermitted uses of the Property shall include, without limitation, construction of 34,560 sq ft of commercial buildings on seve n pads accommodating a full -service car wash (5,724 sq ft), four multi -tenant retail buildings with end-cap drive-thru restaurants (totaling 19,590 sq ft), two drive-thru “fast food” restaurants (6,060 sq ft), a convenience store (3,186 sq ft), a gas stati on and installation of all improvements and infrastructure reasonably incident thereto, including as set fo rth in Section 3.5, and the density or intensity of use of the Property and the maximum height and size of proposed buildings shall be as set forth i n the Development Plan. Provisions for reservation or dedication of land for p ublic purposes applicable to the Property shall be those set forth in the Existing Development Approvals and in any Subsequent Development Approvals approved by Developer and the City.

3.2 Effect of Agreement on Land Use Regulations; Development Exact ions; Development Plan; Submittal of Subsequent Development Approvals. a. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, (i) the rules, regulations, and official policie s governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development of the Property shall be the Existing Land Use Regulations and (ii) no amendment, revision of, or addition to the Development Plan that would affect the Project or increase the obligations or decrease the rights of Owner hereunder or under the Development Plan shall be made without Owner’s consent, whether adopted or approved by the City Council or any office, board commission or other agency of City.
b. In connection with any Subsequent Development Approval, City will exercise its discretion in accordance with the Development Plan and this Agreement, including the Reservations of Authority in Section 3.6.
c. The Development Plan for the Project may require the processing of Subsequent Development Approvals. The City will accept for process ing, review and action all 299

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applications for Subsequent Development Approvals, and such applications will be processed in the normal manner for processing such matters in accordance wit h the Existing Land Use Regulations. The Parties acknowledge that City is not oblig ated in any man ner to approve any Subsequent Development Approval, or to approve any Subsequent Development Appr oval with or without any particular condition, except that City’s actions concerning Subs equent Development Approvals must be consistent with the Developmen t Plan and Existing Land Use Regulations, subject to the Reservations of Authority. Notwithstanding the foregoing, City agrees that, if an application for any Subsequent Development Approval is in substanti al conformance with the Existing Development Approvals and this Agreement, the approval of such appl ication shall not be unreasonably withheld. Processing of Subsequent Development Approvals or changes in the Development Approvals or Development Plan made pursuant to Develop er’s application will not require an amendment to this Agreement; however, upon their approval by the City, all Subsequent Development Approvals or changes in the Development Approvals or De velopment Plan will be subject to and covered by this Agreement.

3.3 Intentionally Omitted.

3.4 Timing of Development; Public Improvements Phasing. a. Nothing in this Agreement is a covenant to develop or construct the Project.

The Parties acknowledge that Developer cannot predict if, when, or the rate at which phases of the Project will be developed. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the litigants in that case to provide for the timing of development resulted in a later adopted initiativ e restricting the timing of development to prevail over the litigants’ agreeme nt. The Parties intend to cure that deficiency by providing that Developer has the right to develop the Project, or not develop the Projec t, in the order, at the rate, and at the times that Developer, in its sole and absolute discretion, deter mines to be appropriate, subject only to any Development Plan timing or phasing requirements. b. Required public improvements may be tied to certain phases of the Project.

The schedule for provision of these improvements, as they rel ate to a particular phase, will be governed by the Existing Development Approvals, Subsequent Development Approvals, t he CEQA Approvals, the MMRP, and this Agreement.

3.5 Changes and Amendments to Existing or Subsequent Development Approvals. a. The Parties acknowledge that the passage of time may demonstrat e that changes to the Existing Development Approvals or Subsequent Development Appr ovals may be necessary or appropriate. If the Parties determine that changes are necessary or appropriate, such changes may be made by mutual consent of the Parties in accord ance with Government Code Section 65868, and may be approved on behalf of City as follows:
i. By the Director in the case of minor changes or findings of substantial conformance, as authorized in Murrieta Municipal C ode Section 16.56.025 and the Director may impose conditions consistent with Murrieta Municipal Code Section 16.56.050. ii. By the Planning Commission in the case of any other changes not subject to paragraph (i), above.
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3.6 Reservations of Authority . Any contrary provision in this Agreement notwithstanding, the following Subsequent Land Use Regulations will apply to the Project:
a. Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for S ubsequent Development Approvals or for monitoring compliance with any Subsequent Development Approvals granted or issued.
b. Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other procedural matter. c. Regulations which do not conflict with the Development Plan or this Agreement. To the greatest extent possible, these regulations must be applied and construed to provide Developer with all of the rights and assurances provided under this A greement. For all purposes pursuant to this Agreement generally, and this paragraph ( c) specifically, an ordinance, resolution, initiative, referendum, moratorium or other regulation will be deemed to conflict with the Development Plan and this Agreement if the ordinanc e, resolution, initiative, referendum, or regulation seeks to, whether as part of a specific or general enactment that applies to the Property or Project: (i) limit or reduce the density, intensity, square footage, height or size of structures or type of development on the Property; (ii) regulate the rate, timing or seque ncing of the development of the Property in any manner; (iii) require any additional on -site or off -site improvements not required by the applicable Land Use Regulations or Development Approvals to be constructed or paid for by Developer or a subsequent owner of the Propert y; or (iv) restricting the use of the Property in any manner or degree other than as set forth in the applicable Land Use Regulations and Development Approvals.
d. Regulations that conflict with the Development Plan if Developer has given its written consent to those regulations.
e. Federal, state, County, and multi-jurisdictional laws and regulations which City is required to enforce against the Property or the Development of the Property, provided that if there is any preemption of this Agreement or City’s authori ty to perform hereu nder or any frustration of the ability of any Party to comply with the terms of this Agreement as a result of such law or regulation, the Parties shall make a reasonable att empt to modify or amend this Agreement to comply with such applicable state or fede ral law or regulation in a manner that is least disruptive to the purpose and intent of this Agreement.

The Parties acknowledge that City is restricted in its authority to limit its police powers by contract.

This Agreement will be construed, contrary to its stated te rms if necessary, to reserve to City all those police powers that cannot be restricted by contract.

3.7 Subsequent Development Approvals.
a. When acting on Subsequent Development Approvals, City may apply only the Existing Land Use Regulations and those Subsequent Land Use Regulations that are permitted under the Reservations of Authority. Any Subsequent Development Approval will be automatically vested under this Agreement.
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b. Upon Developer’s request, City will accept and diligently process applications for Subsequent Development Approvals. City will exercise re asonable good faith efforts to expedite the processing of the Subsequent Development Approvals applications to ensure that those applications are promptly considered by the approving authority. Upon satisfactory completion by Developer of all required preliminary actions and payment of a ppropriate processing fees, if any, City shall proceed to process and check all appli cations for Project development and building approvals within the times set forth in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Cal ifornia Government Code), the Subdivision Map Act (Division 2 ( commencing with Section 66410) of Title 7 of the California Government Code), and other applicable provisions of law, as the same may be amended from time to time. City shall employ all lawful actions capable of being undertaken by City to promptly (i) accept all complete applications f or Subsequent Development Approvals (collectively, “Applications”) and (ii) process and take action upon the Applications in accordance with applicable law with a goal of competing the first review or plan check within four weeks and the second and third review or plan check within two weeks; provided ho wever, that City shall not be deemed in default under this Agreement should such time frame(s) not be met.

Furthermore, the City and Developer teams shall convene, as necessary, a telephonic or in-person meeting with the relevant City departments and personnel to resolve open items, subject to City’s availability, subject to the Developer’s payment of applicable Ci ty fees for project expediting services.

3.8 Modification or Suspension by State or Federal Law . If a state or federal law or regulation which is enacted after the Effective Date prevents the Parties’ compliance with any of this Agreement’s provisions, then that provision will be modified or suspe nded to the extent and for the time necessary to achiev e compliance with the conflicting state or federal law. This Agreement’s remaining provisions will continue unaffected. The P arties will amend this Agreement to preserve, to the greatest extent possible, the benefits that would arise to the Parties under this Agreement but for the conflicting state or federal law. Upon the repeal of the conflicting state or federal law or upon the occurrence of any circumstance that removes their effect upon this Agreement, this Agreement’s provisions will be automatically r estored to their full original form and any amendment that the Parties may have entered into under this Section 3.8 will terminate.

3.9 City Acquisition of Offsite Real Property Interests for Pu blic Right of Way Purposes. In any instance where Developer is required by any Development Approval or Land Use Regulation or this Agreement to construct any public improvement on land not owned by Developer, City and Developer shall cooperate in acquiring the necess ary legal interest (“ Offsite Property”). All costs of acquisition shall be the responsibility of Developer.

3.10 Legally Binding Contract; Enforceability. It is the intent of the City and Developer that this Agreement is a legally binding contract which, unless stated otherwise herein, shall prevail over the provisions of any subsequently enacted moratorium, statute, ordinance, limitation or other measure, enacted by City , and whether or not such initiative, moratorium, referendum, statute, ordinance, limitation or other measure relates, in whole or in part to the Project.

3.11 Future Use of CEQA Approvals. The Parties understand that the CEQA Approvals are intended to be used in connection with each of the Existing Development A pprovals and Subsequent Development Approvals needed for the Project. City agrees t o use the CEQA 302

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Approvals in connection with the processing of any Subsequent Development Approval, except as may be otherwise required by the Reservations of Authority or state or federal law, including CEQA.

3.12 Extension of Term of Map and Other Development Permits. a. Pursuant to Govt. Code Section 66452.6(a) the duration of all tentative maps, including TPM 35036, filed by Owner with respect to the Property or any portion th ereof shall automatically be extended, and remain in effect, for the Term, as the same may be extended from time to time, such that all tentative maps and/or parcel maps remain in effect for no less than the expiration date of the Term, and shall also be extended by any other extension(s) granted under the Subdivision Map Act and/or City ordinance consistent with the Subdivision Map Act. b. Pursuant to Govt. Code Section 65863.9 and as an exercise of its police power, the City further declares that each of the Existing Development Permits are and remain in effect for the term of TPM 35036 as extended by this Agreement and are deemed as of the Effective Date to be “used” as such term is defined in the Conditions of Approval (General It em 3) and accordingly automatically remain in effect for the Term. c. City hereby covenants that except as is authorized by Section 3.5 or Section

3.6 of this Agreement, City shall not impose conditions on the extension of any maps or p ermits affecting the Property during the Term.

4. PUBLIC BENEFITS.

4.1 Project Objectives. The Project accomplishes the City’s goals and policies set forth in the General Plan by achieving the following objectives:
a. Ensure the development of the Property consistent with applicable goals and policies of the City set forth in the General Plan.
b. Expand economic development and facilitate job creation in the City b y establishing new retail uses on vacant land in a developing area. c. Assist the region in achieving jobs/housing balance region -wide by attracting new businesses to the City, providing additional job opportunities in a housing rich area, and thereby providing a more equal jobs-housing balance in the Riverside County/Inland Empire area, which will reduce the need for members of the local workforce to commute outside the area for employment.
d. Construction of an attractive mixed -use retail development, which meets the local demand for neighborhood serving retail and entertainment uses in the City and throughout the region.
e. Implement the type and amount of retail uses at the Property that are viable based on market demand.
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f. Accommodate new development in a phased, orderly manner that i s coordinated with the provision of necessary infrastructure and public improvements. g. Provide for uses that will generate tax revenue for the City i ncluding increased property and sales tax, in order to support the City’s ongoing municipal operations.

4.2 Credit/Reimbursement for Offsite Improvements . The Parties acknowledge and agree that Developer is making Project improvements that are covered in whole or in part by the Development Impact Fee program. The Parties further ackn owledge and agree that in accordance with policies adopted from time to tim e by City, Developer may be entitled to a credit and/or reimbursement to offset Developer’s Development Impact Fee obl igation, as determined by City.

City and Developer shall enter into a Development Impact Fee credit/reimbursement agreement for any Proj ect improvements that exceed Developer’s Development Impac t Fee obligation before commencement of construction of any improvements for which Developer desires a development impact fee credit or reimbursement.

4.3 Offsite Improvements. Developer shall construct all offsite public improvements required by the Project Planning, Public Works, and Engineering Conditions of Approval attached hereto as Exhibit C, as may be modified by a Subsequent Development Approval, prior to receiving a final certificate of occupancy.

5. OPERATING MEMORANDUM.

The Parties desire to retain a certain degree of flexibili ty with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that minor changes or minor adjustments are necessary or appropriate and do not modify (a) the Term; ( b) the uses allowed on the Property; ( c) provisions for the reservation or dedication of land; (d) conditions, terms, restrictions or requirements for Subsequent Discretionary Approvals; (e) the de nsity or intensity of use of the Property or the maximum height or square footage of proposed buildings or other structures or improvements; or ( f) any Development Exactions, they shall effectuate such minor changes or minor adjustments through a writt en operating memorandum (“Operating Memorandum ”) approved in writing by Developer and the Director, which upon request from Developer shall be in a recordable form. The authority to enter into an Operating Memorandum is hereby delegated to the Director who is hereby authorized to execute the same without further Planning Commission or City Council action. No such Operating Memoranda shall constitute an amendment to this Agreement requiring public noti ce or hearing and are considered ministerial clarifications.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic Review. The Director will review this Agreement annually, on or before each anniversary of the Effective Date, as required by California Government Code Section 65865.1 and Murrieta Municipal Code Section 16.54.100 to ascertain Developer’s good faith compli ance with the terms of this Agreement as set forth in an annual monitoring report (“Annual Monitoring Report”). Appropriate fees to fund the Annual Monitoring Report, which may not exceed the City’s actual costs of reviewing Developer’s compliance with the te rms of this Agreement, shall be paid by Developer.
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6.2 Procedure.
a. During a periodic review, Developer will be required to demonstrate good faith compliance with this Agreement.
b. Upon completion of a periodic review, (i) if the Director fin ds that Developer has complied in good faith with this Agreement, then the review wil l be concluded or (ii) the Director shall notify the Planning Commission if th e Director concludes based upon substantial evidence that the Developer has not complied in good faith compliance with the terms of this Agreement.
c. Upon receipt of notice from the Director pursuant to Section 6.4a.i., the Planning Commission shall determine whether to recommend that t he matter be referred to City Council. If the Planning Commission does not so recommend, then the review will be concluded. d. If the matter is referred to City Council by Planning Commissio n, the City Council may make a preliminary finding that Developer has not complied in good faith wit h this Agreement. Thereafter, following Notice and opportunity to cure as provided under Sec tion 8.4, the City Council may modify or terminate this Agreement in acco rdance with Section 6.4 and Section 6.5.

6.3 No Waiver. Failure of City to conduct an annual review will not constitute a waiver by City of its rights to otherwise enforce the provisions of this Agreement nor will Developer have or assert any defense to such enforcement by reason of any such f ailure to conduct any annual review(s).

6.4 Proceedings for Modification or Termination.
a. If Developer fails to cure, or to commence to cure, as applicable, the matters constituting the basis for the City Council’s preliminary finding under Section 6.2.d as required by Section 8.4 , then City may proceed to modify or terminate this Agreement fo llowing the procedures set forth in this Section 6.4 and in Section 6.5. City must hold a noticed public hearing concerning the modification or termination and provide Developer with Notice of the hearing. The Notice must include the following:
i. The time and the place of hearing, which must be no less than thirty (30) days following the date of the Notice;
ii. The specific action, whether amendment or termination, which City proposes to take; and
iii. Such other information as is reasonably necessary to inform Developer of the nature of the proceeding and the facts supporting City’s preliminary finding under Section 6.2.d.

6.5 Hearing on Modification or Termination . At the time and place set for the public hearing described in Section 6.4, Developer must be given an opportunity to be heard and present witnesses and evidence on its behalf. If, following the conclusion of the public hea ring, the City 305

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Council finds, based upon substantial evidence in the record of the publ ic hearing, that Developer has not complied in good faith with this Agreement, then the City Council may terminate or modify this Agreement and impose any conditions it determines as a re reasonably necessary to protect City’s interests, provided that any termination shall only be carried out i n accordance with the requirements of Section 8.4. The City Council’s decision will be administratively final and subject to judicial review under Code of Civil Procedure Section 1094.5.

6.6 Certificate of Agreement Compliance. If, at the conclusion of a special or periodic review, Developer is found to be in compliance with this Agreement, then, upon De veloper’s written request, City will issue a “Certificate of Agreeme nt Compliance” (“ Certificate”) to Developer stating that, after the most recent periodic or special review, this Agreement remains in effect and Developer is not in default of this Agreement. The Certificate must be in recordable form, contain information necessary to communicate co nstructive record notice of the finding of compliance, state whether the Certificate is issued af ter a periodic or special review, and state the anticipated date of the next periodic review. Developer ma y record the Certificate with the Riverside County Recorder.

7. NO CROSS-DEFAULTS.

City acknowledges that Developer may Transfer all or porti ons of the Property to other Persons in accordance with Section 2.3. City further acknowledges that title to all or portions of the Property may become vested in Mortgagees or a Mortgagee’s s uccessor as a result of foreclosure, or the acceptance of a deed in lieu of foreclo sure, by a Mortgagee. City agrees that defaults under this Agreement by an owner of a portion of the Property will not be a def ault as to any other portion of the Property. In other words, a default under this Agreement by a Transferor with respect to its obligations pertaining to that portio n of the Property retained by it following a Transfer or with respect to obligations arising prior to th e date of Transfer will not constitut e a default as to any Person other than Transferor, will not permit City to exercise a ny remedy under this Agreement or otherwise with respect to any other portion o f the Property other than that portion owned by Transferor and shall not affect any success or Developer’s rights or obligations under this Agreement. Similarly, a default by any successor D eveloper with respect to its obligations pertaining to the portion of the Property owned by that successor Developer will not constitute any Transferor’s default or permit City to exercise any remedy under this Agreement or otherwise as to any portion of the Property other than the portion owned by the defaulting successor Developer and shall not affect any Transferor’s rights or obligations unde r this Agreement. The Parties agree that, if more than one Person holds title to the Property, then the rights and obligations of the Persons holding title to the Property are the distinct and several obligations of each Person.

8. DEFAULT AND REMEDIES.

8.1 Remedies in General . The Parties acknowledge that neither Party would have entered into this Agreement if it were to be liable for monetary damages under this Agreement. In general, and subject to those procedural prerequisites required under the D evelopment Agreement Law or this Agreement, each of the Parties may pursue any remedy at l aw or equity available for the breach of this Agreement, except that neither Party will be liable in monetary damages (other than attorneys’ fees under Section 12.20) to the other Party, or to a ny successor in interest of that 306

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Party, or to any other Person. Each Party covenants not to sue for monetary damages or claim any monetary damages related to any of the following:
a. Any breach of this Agreement or for any cause of action that arises out of this Agreement; or
b. Any taking, impairment or restriction of any right or interest a rising under this Agreement; or
c. Any dispute regarding the application or interpretation of this Agreement.

Nothing in this Agreement shall preclude either Party from seek ing payment of sums due to it pursuant to this Agreement (including the right of Developer to obtain credit or repayment for improvements pursuant to Section 4.2, repayment of sums paid by Developer to City if it is determined that such sums were paid in excess or in error).

8.2 Specific Performance. The Parties acknowledge that specific performance and other non-monetary relief are particularly appropriate remedies fo r the enforcement of this Agreement for the following reasons:
a. Money damages are unavailable against the Parties.
b. Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once Develope r has begun to implement this Agreement. After such time, Developer may be precluded from other options it may have had with regard to the Property. Moreover, Developer has invested significant time and resources in the planning and processing of the Project. Developer will be investin g even more time and resources in implementing the Project in reliance upon this Agreement and it is not possible to determine the sum of money that would adequately compensate Developer if City were to breach its obligations.

8.3 Release. Except for the right to seek repayment of sums paid by Developer to Ci ty described in Section 8.1 and the right to recover attorneys’ fees under Section 12.20, Developer, for itself, its successors and assignees, releases City, its officials, officers, agents and employees from any and all monetary claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including any claim or liability ba sed upon Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any monetary liability whatsoever upon City because it entered into this Agreement or because of the terms of this Agreement.

8.4 City’s Termination of Agreement or Exercise of Other Remedies Upon Developer’s Default. Subject to compliance with Sections 6.4 and 6.5 , City may terminate or modify this Agreement upon Developer’s failure to perform any materi al duty or obligation under this Agreement. City may terminate or modify this Agreement or exercise its other remedies only after providing Notice of default to Developer setting forth the nature of the default a nd the actions, if any, required to cure the default and only if ( a) Developer has failed to take the actions and materially cure the default within sixty (60) days after its receipt of the Notice, or ( b) Developer has failed within sixty (60) days to commence the actions necess ary to cure the default and 307

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thereafter diligently proceed to cure the default if the default is of a type that cannot be cured within sixty (60) days but can be cured within a longer time.

8.5 Developer’s Termination of Agreement or Exercise of Other Remedies Upon City’s Default. Developer may terminate this Agreement or exercise its o ther remedies upon City’s failure to perform any material duty or obligation under this Agreement. Developer may terminate this Agreement or exercise its other remedies only after providing Notice of default to City setting forth the nature of the default and the actions, if any, required by City to cure the default and only if (a) City has failed to take such actions and materially cure the default within sixty (60) days after its receipt of the Notice or ( b) City has failed within sixty (60) days to commence the actions necessary to cure the default and thereafter diligently proceed to cure the default if the default is of a type that cannot be cured within sixty (60) days but can be cured within a longer time.

8.6 Informal Resolution . During the administration and implementation of this Agreement, the Parties recognize that good faith disagreements ma y arise between City staff and Developer. In the event that a dispute arises, the Parties will meet and confer in a good-faith attempt to resolve the dispute.

9. THIRD PARTY LITIGATION.

9.1 Defense of Third Party Litigation. City shall promptly notify Developer in writing of any claim, action or proceeding filed and served against City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation a nd enforcement of this Agreement, including challenges of the environmental review of the Project, any Development Approval and/or this Agreement conducted pursuant to the California Environmental Qualit y Act. Developer and City agree to use good faith, commercially reasonable efforts to confer and coo perate with one another with respect to such third party litigation. Developer shall defen d (with legal counsel of City’s selection, reasonably acceptable to Developer), indemnify and hold harmless City, its agents, officers and employees from any such claim, action or proceeding, and shall indemnify City for all costs of defense and/or judgment obtained in any such action or proceeding; provided, however, if Developer elects, in its sole discretion, not to defend the action (preferring to either allow judgment to be entered or to enter into a settlement with plaintiff(s) which declares this Agreement to be void, annulled, or which limits or restricts this Agreement), Developer shall so notify City in writing and City shall then have the option, in its sole discretion, of defending the action at its cost. In the event this Agreement, as a result of a third party challenge, (a) is voided or annulled, this Agreement shall terminate and be of no further force or effect as of the date such judgment or s ettlement and (b) is limited or restricted in such a manner that the intent and p urposes of this Agreement cannot be implemented as mutually desired by the Parties, then unless otherwise agreed by the Parties in writing, this Agreement shall be of no further force or effect as of the date such judgment or settlement.

9.2 Extension of Term. Anything in this Agreement to the contrary notwithstanding, the Term (and any extension thereof under Section 2.3) will automatically be extende d by the number of days in the period commencing on the date of filing of any claim, action, or proceeding of the type described in Section 9.1 and ending on the date that the claim, action, or proceeding is either settled or fully and finally resolved in City’s and Developer’s fa vor, as evidenced by the expiration of all appeal periods with no further appeal being filed or the issuance of a full, final, 308

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and non-appealable judgment or decision. City will execute, in reco rdable form, any instrument which Developer may reasonably require to evidence the extension.

10. MORTGAGEES.

10.1 Mortgagee Protection.
a. This Agreement does not prevent or limit Developer, in its s ole discretion, from encumbering the Property or any portion or any improvement thereon with an y mortgage, deed of trust or other security device. City acknowledges that a Mortgagee may require Agreement interpretations and modifications. City will meet with Dev eloper and the Mortgagee’s representatives to negotiate in good faith with regard to any requested interpret ation or modification. City may not unreasonably withhold its consent to any re quested interpretation or modification. All Mortgagees will be entitled to the following rights and privileges:
i. Developer’s breach of this Agreement will not defeat, render invalid, diminish or impair the lien of any mortgage made in good faith and for value. ii. Upon a Mortgagee’s written request, City will provide a copy of any Notice of default given to Developer concurrently with the Notice to Develop er. The Mortgagee will have the right, but not the obligation, to cure the default within any remai ning cure pe riod allowed Developer under this Agreement.
iii. Any Mortgagee who comes into possession of the Property or any portion of it pursuant to foreclosure of the Mortgagee’s secur ity instrument or its acceptance of a deed in lieu of foreclosure will take the Property or portion thereof subject to this Agreement. Any other provision of this Agreement to the contrary notwithstanding, no Mortgagee will have any obligation to perform any of Developer’s obligations or to guarantee their performance. However, if any of Developer’s obligations are conditions precedent to City’s obligations, then Developer’s obligations will continue to be conditions precedent to City’s performance of its obligations.

11. INSURANCE; INDEMNIFICATION.

11.1 Insurance.
a. Types of Insurance.
i. Public Liability Insurance – Prior to Construction . Prior to commencement of construction by Developer on the Property, Developer shall at its sole cost and expense keep or cause to be kept in force for the mutual benefit of City and Developer broad form commercial general public liability insurance agai nst claims and liability for personal injury or death arising from the use, occupancy, disuse or condition of the Property, improveme nts or adjoining areas or ways, affected by such use of the Property or for propert y damage, providing protection of a least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate coverage plus an Umbrella Liability Policy for One Millions Dollars ($1,000,000) for bodily injury, death or property damage combined for any one accident or occurrence, which limits shall be subject to reasonable increases in amount as City may reasonably require from time to time.
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ii. Public Liability Insurance – During Construction . During construction by Developer on the Property, Developer shall at its sole c ost and expense keep or cause to be kept in force for the mutual benefit of City and Developer broad for m commercial general public liability insurance against claims and li ability for personal injury or death arising from the use, occupancy, disuse or condition of the Property, improvements or adj oining areas or ways, affected by such use of the Property or for property damage, providing protection of a least Five Million Dollars ($5,000,000 ) per occurrence for bodily injury, death or property damage combined for any one accident or occurrence, which limits shall be subject to reasonable increases in amount as City may reasonably require from time to time. iii. Worker’s Compensation – Prior to Construction . Developer shall also furnish or cause to be furnished to City evidence reasonabl y satisfactory to it that any contractor with whom Developer has contracted for the performance of any w ork for which Developer is responsible hereunder carries workers’ compensation insurance as required by law. iv. During Construction - Commercial Auto. Insurance Services Office Form Number CA 0001 coverage Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
v. During Construction - Insurance Contractor’s Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if the Project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Other Insurance. Developer may procure and maintain any insurance not required by this Agreement, but all such insura nce shall be subject to all of the provisions hereof pertaining to insurance and shall be for the benefit of Cit y (to the extent applicable) and Developer.
vii. Insurance Policy Form, Sufficiency, Content and Insurer . All insurance required by express provisions hereof shall be carried only by re sponsible insurance companies licensed and admitted to do business by California, rated “A -” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VIII or better, unless waived by City. All such policies shall contain language, to the extent obtainable, to the effect t hat (i) any loss shall be payable notwithstanding any act of negligence (excepting willful and intentional violations of law) of City or Developer that might otherwise result in the forfeiture of the insurance, (ii) the insurer waives the right of subrogation against City and against City’s agents and representatives; (iii) the policies are primary and noncontributing with any insurance that may be carried b y City; and (iv) the policies cannot be canceled or materially changed except after thirty ( 30) days’ written notice by the insurer to City or City’s designated representative. Develop er shall furnish City with copies of all such policies promptly on receipt of them or with certificates evidencing the insurance. City shall be named as an additional insu red on all policies of insurance (other than Workers’ Compensation) required to be procured by the terms of this Agreement. The City’s Risk Manager, or its designee, acknowledges and agrees that the insurance requirements above h ave been established based on anticipated use, activities, and conditions of the Property. In the event the City’s Risk Manager reasonably determines that a new or unreasonable use, activity, or condition 310

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of the Property, improvements or adjoining areas or ways, affected by such us e of the Property under this Agreement creates an increased or decreased risk of loss to the City than what the Parties hereby acknowledge to be duly satisfied by the insurance requirements above, De veloper agrees that the minimum limits of the insurance policies required by this Section 11.1 may be changed accordingly upon receipt of written notice from the City’s Admin istrative Services Director or designee; provided that Develop er shall have the right to appeal a determination of increa sed coverage to the City Manager of City within twenty (20) days of receipt of notice from the City’s Risk Manager.
viii. Failure to Maintain Insurance and Proof of Compliance. Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies required hereunder together with evidence satisfactory to City of payment required for procurement and maintenance of each policy within the following time limits:
(A) For insurance required above, within thirty (30 days) after the Effective Date.
(B) For any renewal or replacement of a policy already in existence, at least ten (10) days before the expiration or replacement of the existing policy.
(C) If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that that insurance has been procured and is in force and paid for, such failure or refusal shall be a default hereunder.

11.2 Indemnification.
a. General. The Developer shall indemnify the City and its officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property , losses, costs, expenses, penalties, obligations, errors, omissions, or liabilities, including attorneys’ fees and costs (herein “claims or liabilities”) that may be asserted or claimed by any Person arising out of or in connection with the work, operations, or activities by Developer o r its officers, agents, employees, or contractors (including subcontractors), upon the Property or related to or arising out of the approva l of this Agreement, the Existing Development Approval or Subsequent Development Approvals; i. The indemnifying Party will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and ex penses, including reasonable legal costs and attorneys’ fees incurred in connection therewith. ii. The indemnifying Party will promptly pay any judgment rendered against the indemnified Party or its officers, agents, or employees for any such claims or liabilities arising out of or in connection with its foregoing indemnity and will save and hold the indemnified Party, its officers, agents, and employees harmless from any failure to so pay any such judgment.

If the indemnified Party recovers any attorneys' fees, expert witness fees , costs, interest, or other amounts from the third party or third parties asserting claims or liabilities, the indemnifying Party shall be entitled to retain the same in an amount not to exceed p ayments made pursuant to its 311

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indemnification obligation (provided such Party has fully performed its indemn ity obligations hereunder).
iii. In the event the indemnified Party, its officers, agents, or employees is made a party to the action or proceeding filed or prosecuted against fo r such damages or other claims arising out of or in connection with the work, operations, or activities of the indemnifying Party under this Agreement, the indemnifying Party agrees to pay the indemnified Par ty, its officers, agents, or employees any and all reasonable out -of-pocket costs and expenses actually incurred by the indemnified Party, its officers, agents, or employees in such action or proceeding, including by not limited to reasonable legal costs and attorneys’ fees. b. Exceptions. The indemnities and releases of this Section 11.2 shall not include claims or liabilities to the extent and degree arising f rom the negligence or willful misconduct of any or all of the indemnified Party and its officers, agents and employees. c. Loss and Damage . Except as otherwise set forth in this Agreement, City shall not be liable for any damage to property of Developer or of others l ocated on the Property, nor for the loss of or damage to any property of Developer or of others by theft or otherw ise.

Except as otherwise set forth in this Agreement, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Property or from the pipes or p lumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Property, or by any other cause of whatsoever nature. d. Period of Indemnification. The obligations for indemnity under this Section

11.2 shall begin upon the Effective Date and shall survive termination of this Agreement. e. Waiver of Subrogation. Developer agrees that it shall not make any claim against, or seek to recover from the City or its officers, agents, servants, or employees, for any loss or damage to the Developer or to any person or property, except as specifically provided hereunder and the Developer shall give notice to any insurance carrier of the foregoing waiver of subrogation, and obtain from such carrier, a waiver of right to recovery against the City, its officers, agents and employees.
f. Survival of Provisions . The indemnity provisions set forth in this Section shall survive termination or cancellation of this Agreement as to matters arising prior to the termination or cancellation of this Agreement.

12. MISCELLANEOUS PROVISIONS.

12.1 Recordation of Agreement . This Agreement and any amendment, termination or cancellation of it will be recorded with the Riverside County Recorder by the City Clerk in accordance with Government Code Section 65868.5.

12.2 Entire Agreement. This Agreement contains the entire understanding and agreement of the Parties. There are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to in this Agreement. Parole evidence will not be admissible to interpret this Agreement. 312

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12.3 Estoppel Certificates. Within thirty (30) days following a Party’s written request, and at no cost to the requesting Party, the other Party will certify in writing that, to its knowledge:
a. This Agreement is in full force and effect and is binding upon the certifying Party.
b. This Agreement has not been amended or modified, except as expressly described in the estoppel certificate.
c. The requesting Party is not in default of its obligations under this Agreement, and that there have been no events that with the passage of time, the giving of notice, or both, would constitute the requesting Party’s default under this Agreement, except as expressly described in the estoppel certificate.

12.4 Severability. Every provision of this Agreement is a separate and independent covenant. If any provision is, or the application of the provision in certain circumstances is, to any extent, found to be invalid or unenforceable for any reason whatsoever, then the remaind er of this Agreement, or the application of that provision to circumsta nces other than those to which it is invalid or unenforceable, will not be affected. The Parties wi ll negotiate in good faith any amendments or operating memoranda necessary to cure any invalidity or unenforceability.

12.5 Interpretation and Governing Law. This Agreement and any dispute concerning it will be governed and interpreted in accordance with California’s procedural a nd substantive laws, without regard to its conflicts of laws principles. This Agreement will be construed as a whole according to its fair language and common meaning. The rule of construction that ambiguities in a document are to be resolved against the drafting party may not be employed in inte rpreting this Agreement. Each Party acknowledges that it was represented b y counsel in th is Agreement’s negotiation and preparation.

12.6 Section Headings . All section headings and subheadings are inserted for convenience only and do not affect this Agreement’s construction or interpretation.

12.7 Singular and Plural. The singular of any word includes the plural.

12.8 Including. Unless the context requires otherwise, the term “including” m eans “including, but not limited to.”

12.9 Time of Essence. Time is of the essence as to the performance of any obligation as to which time is an element.

12.10 Calendar Periods. All references to “years”, “quarters”, “months” and “days” are references to calendar years, quarters, months and days.

12.11 Waiver. A Party’s failure on any one or more occasions to insist upon st rict compliance by the other Party, or a Party’s failure on any one or more occasions to exercise its rights upon the other Party’s default, is not a waiver of that Party’s right to demand strict compliance by the other Party on any future occasion.
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12.12 No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the Parties and their successors and assigns. Except as provi ded in Section 10 or with respect to a Developer Transferee, no other person or entity has any right of action based upon this Agreement.

12.13 Permitted Delays. The period of a Permitted Delay will commence to run on the date the Permitted Delay begins. The period of the Permitted Delay w ill end when the circumstances giving rise to the Permitted Delay are elimina ted or mitigated , provided that with respect to third party litigation, Permitted Delay shall be deemed to have occurred during the entire pendency of the litigation. The Term of this Agreement and each obligation of the Developer shall be extended on a day for day basis for each day of Permitted Delay . The Party alleging the Permitted Delay will exercise commercially reasonable eff orts to eliminate or mitigate the circumstances giving rise to the Permitted Delay or the extension terminates provided that neither Party shall have an obligation to settle litigation pursuant to this sentence on terms unacceptable to such Party. Neither Party will be in default of an obligation if that Par ty’s inability to perform or delay in performing that obligation is caused by a Permitted Delay. Except with respect to Permitted Delay resulting from action or inaction by a governmental agency, no Permitted Delay shall result in an extension of more than six months. Any further extension will require an ame ndment of this Agreement.

12.14 Successors in Interest. The burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, the Parties’ successors in interest. All provisions are enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act with regard to the Development of the Property:
a. Is for the benefit of and is a burden upon all portions of the Property. b. Runs with the Property and all portions.
c. Subject to Section 7 of this Agreement, is binding upon each Party and its successors in interest during the term of that Party’s or its successors’ ownership of the Property or any portion.

12.15 Counterparts. This Agreement may be executed in counterparts, which will be construed together and have the same effect as if the Parties had executed the same instrument.

12.16 Jurisdiction and Venue. All legal actions and proceedings to enforce or interpret this Agreement must be filed and tried in Riverside County Super ior Court or other legally appropriate court and venue.

12.17 Project as a Private Undertaking. The Project is a private development and neither Party is acting as the agent of the other in any respect. Each Party is an independent c ontracting entity with respect to this Agreement. No partnership, joint venture or other association of any kind is f ormed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by a private party.

12.18 Further Actions and Instruments . Each Party must cooperate with the other and provide reasonable assistance to the other in the performance of the other Party’s obligations. Upon 314

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a Party’s request, the other Party must promptly execute (with notary acknowledgment if required) those instruments, and take any reasonable actions, necessary to evidence or consumma te the transactions expressly described, or which are a logical extension of the transactions described, in this Agreement.

12.19 Eminent Domain. No provision of this Agreement expands, limits, or restricts City’s exercise of its eminent domain powers.

12.20 Attorneys’ Fees. If either Party files any action or brings any action or proceeding against the other pertaining to the interpretation or enforcement of this A greement, then the prevailing Party will recover as an element of its costs of suit and not as damages its costs of suit, expert fees, consultant costs, and reasonable attorneys’ fees as fixed by the Court.

12.21 Authority to Execute. Each natural person executing this Agreement on behalf of a Party represents that he or she has the authority to execute this Agreement on behalf of that Party and that he or she has the authority to bind that Party to this Agreement. [Signature pages follow]

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SIGNATURE PAGE
TO

FRENCH VALLEY DEVELOPMENT AGREEMENT

“CITY”

CITY OF MURRIETA,
a California general law city and municipal
corporation
By:

Its:

Name:

ATTEST:

________________________________
Cristal McDonald, City Clerk

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French Valley Development Agreement EXHIBIT A

EXHIBIT A
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FRENCH VALLEY CROSSINGS DEVELOPMENT AGREEMENT
Legal Description of Property

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French Valley Development Agreement A-1

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French Valley Development Agreement A-2

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French Valley Development Agreement A-3

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French Valley Development Agreement EXHIBIT B

EXHIBIT B
TO

FRENCH VALLEY CROSSINGS DEVELOPMENT AGREEMENT
Site Plan
{see attached}
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53'-6"
50'-6"
60'
105'
ELEC. RM

FIRERISERRM
N.A.P.
37'
120'
83'-6"
57'
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M
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101'

PROPOSED PORTH ROAD
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HERE APP
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EXHIBIT B - SITE PLAN 325

French Valley Development Agreement EXHIBIT C

EXHIBIT C
TO

FRENCH VALLEY CROSSINGS DEVELOPMENT AGREEMENT
Planning, Public Works, and Engineering Conditions of Approval {see attached}
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French Valley Development Agreement C-1

FEBRUARY 12, 2026
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French Valley Development Agreement C-2

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French Valley Development Agreement C-3

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French Valley Development Agreement C-4

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French Valley Development Agreement C-9

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French Valley Development Agreement C-10

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French Valley Development Agreement C-11

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French Valley Development Agreement C-14

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French Valley Development Agreement C-15

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French Valley Development Agreement C-16

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French Valley Development Agreement C-17

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French Valley Development Agreement C-18

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 19.

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

Introduction of an Ordinance Authorizing a Development Agreement between the City of Murrieta and Murrieta Marketplace Holdings LP, a California Limited Partnership; Bonsall Service Station, LP a California Limited Partnership; and Scott-Murrieta Service Station, LP a California Limited Partnership Related to the Development of the Murrieta Marketplace

ABSTRACT
The City Council will conduct a public hearing and consider the adoption of an ordinance approving a 10-year Development Agreement to extend the development period of an approved approximately 518,000 square foot shopping center known as the Murrieta Marketplace located at the northwest corner of Clinton Keith Road and Winchester Road.

RECOMMENDATION
Receive the staff report and conduct the public hearing; Find that the proposed Development Agreement is in compliance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, Section 15162 and that no further analysis is required under CEQA in connection with the approval of the Development Agreement; and Introduce and conduct the first reading of Ordinance No. 632-26 entitled: An Uncodified Ordinance of the City Council of the City of Murrieta, California, Approving a Development Agreement with Murrieta Marketplace Holdings LP, a California Limited Partnership, Bonsall Service Station, LP a California Limited Partnership and Scott-Murrieta Service Station, LP a California Limited Partnership to Extend the Entitlements for the Development of a Commercial Shopping Center at the Northwest Corner of Winchester Road (Highway 79) and Clinton Keith Road (Development Agreement).

At its meeting of March 25, 2026, after conducting a public hearing, the Planning Commission voted CITY OF MURRIETA Printed on 4/16/2026Page 1 of 2
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4/21/2026
Agenda Item No. 19.

At its meeting of March 25, 2026, after conducting a public hearing, the Planning Commission voted unanimously to recommend approval of the Development Agreement to the City Council (Attachment 2).

STRATEGIC ALIGNMENT
The City Council’sgoal of aggressively pursue economic development is associated with this administrative priority.

DISCUSSION
In 2018, the Planning Commission approved the development of a commercial shopping center containing up to 518,817 square feet of building area and 2,155 parking stalls, consisting of 20 buildings on 10 building pads, including two gas stations and private and public infrastructure on and adjacent to the Property.

Anticipated uses include a variety of retail and restaurant uses on the Property, such as a gas station, retail buildings, fast-food restaurants, fast-casual restaurants, and restaurants with drive-thrus, in up to five phases.

The entitlements expire in June 2026.

The Development Agreement will extend the Entitlements for 10 years. This will allow sufficient time for the construction of the Project which will benefit the City by providing new restaurants, retail uses, and a gas station for residents and City visitors to patronize which will generate sales tax payable to the City.

PUBLIC NOTICING
Mailed notice of the public hearing was mailed to property owners of property located within 300 feet of the site. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
The Planning Commission recommends that the City Council determine that the proposed Development Agreement is in compliance with the provisions of CEQA Guideline Section 15162 and that no further analysis is required under CEQA in connection with the approval of the Development Agreement. This finding can be made because the proposed Development Agreement does not alter the approved Project; the proposed Development Agreement only extends time for the entitlements. Accordingly, no new environmental impacts will be created as a result of the approval of the Development Agreement, and the prior CEQA Approvals remain adequate.

ATTACHMENTS
ATT1 - Ordinance No. 632-26
ATT 2 - Planning Commission Staff Report
CITY OF MURRIETA Printed on 4/16/2026Page 2 of 2
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01375.0005 2108092.1 - 1 -
ORDINANCE NO. 632-26

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF MURRIETA, CALIFORNIA, APPROVING A DEVELOPMENT

AGREEMENT WITH MURRIETA MARKETPLACE HOLDINGS LP, A

CALIFORNIA LIMITED PARTNERSHIP, BONSALL SERVICE

STATION, LP A CALIFORNIA LIMITED PARTNERSHIP AND SCOTT -

MURRIETA SERVICE STATION, LP A CALIFORNIA LIMITED

PARTNERSHIP TO EXTEND THE ENTITLEMENTS FOR THE

DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER AT THE
NORTHWEST CORNER OF WINCHESTER ROAD (HIGHWAY 79) AND

CLINTON KEITH ROAD

Summary: This ordinance adopts a Development Agreement for the construction of a shopping center at the northwest corner of Winchester Road (Highway 79) and Clinton Keith Road to extend the project’s entitlements.

WHEREAS, consistent with Murrieta Municipal Code Section 16.54.040(A)(3) Murrieta Marketplace Holdings LP, a California Limited Partnership, Bonsall Service Station , LP a California Limited Partnership and S cott-Murrieta Service Station , LP a California Limited Partnership as tenants -in-common (collectively, “Developers”) proposed to enter into a Development Agreement with the City of Murrieta (“City”) to extend the entitlements for a commercial center containing up to 518,817 square feet of building area and 2,155 parking stalls including 20 buildings on 10 building pads, including fueling stations and private and public infrastructure on and adjacent to the site (collectively, “Project”) owned by Developers . The Project will be located on an undeveloped lot located on approximately 49.7 acres of land at the northwest corner of Winchester Road Hwy 79 and Clinton Keith Road (APNs 963-060-065, 963- 060-066, 963 -450-001 through 963 -450-019, 480 -100-073 and 480 -100-074) in Murrieta, California (“Site”); and

WHEREAS, June 27, 2018, the City Planning Commission adopted Resolution No PC - 2018010 approving development plan (DP -2017-1370), and conditional use permit ( “CUP”) CUP 2018-1568) for the operation of a car wash and CUP 2017 -1442 for outdoor display and equipment rental each as conditioned thereby pursuant to the Conditions of Approval (collectively, “Entitlements”) to approve the development of the Project on the Site . T he City Planning Commission approvals included consideration of previously adopted Environmental Impact Report State Clearinghouse No. 200503 1028 (“EIR”) and the various addendums thereto and adopted an Addendum to the EIR (collectively with previously approved EIR and addenda, “CEQA Approvals”); and

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01375.0005 2108092.1 - 2 -
WHEREAS, without the approval of the Development Agreement (“DA”), the Project will expire June 27, 2026. Pursuant to the Developers’ request, the City and Developer s have negotiated and agreed to the DA, attached hereto as Exhibit A, which will extend the term of the Entitlements through June 27, 2036; and

WHEREAS, at a duly -noticed public hearing on March 25, 2026, the City Planning Commission considered the approval of the DA and made a recommendation to the City Council that the proposed Development Agreement is in compliance with the provisions of the California Environmental Quality Act (CEQA) Guideline s Section 15162 determining that no further analysis is required under CEQA in connection with the approval of the Development Agreement; and

WHEREAS, the City Council held a duly noticed public hearing regarding the DA on April 2 , 2026 , and considered the recommendation of the City Planning Commission and the evidence, testimony, and arguments submitted by City staff, the Developer s, and all interested parties; and

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

SECTION 1. The above recitals are true and correct and are hereby incorporated into this Ordinance as set forth herein.

SECTION 2. That, as conditioned, the Project conforms to the regulations contained within Title 16, the Murrieta Development Code, and with the adopted elements of the Murrieta General Plan.

a. The Development Agreement is in the best interests of the city.

01375.0005 2108092.1 - 3 -
standards. The Development Agreement also benefits the City by encouraging investment in commercial development at a prominent intersection along Winchester Road (State Route 79) and Clinton Keith Road, a key commercial corridor within the community.

Implementation of the approved commercial center will contribute to the City’s economic base through the provision of retail services and the generation of sales tax and other local revenues that support municipal services. By providing development certainty while preserving the City’s regulatory authority through the existing conditions of approval and applicable municipal regulations, the Development Agreement promotes economic development, supports the City’s long -term planning objectives, and therefore serves the best interests of the City.

b. The Development Agreement is consistent with the objectives, policies, general land uses, and programs of the general plan, any applicable specific plan, and this development code.

c. The Development Agreement is compatible with the surrounding development .

d. The Development Agreement will not adversely affect public health, safety, or welfare.

01375.0005 2108092.1 - 4 -
duration of the previously approved entitlements while maintaining all applicable Development Code standards and regulations governing the project. Further, t he Agreement facilitates the orderly development of the Site by allowing the approved project additional time to proceed while maintaining all previously adopted conditions of approval and development standards. The Project also does not increase the severity of any environmental impacts not previously known.

The Development Agreement does not alter those conclusions, and all previously adopted mitigation measures and conditions of approval remain applicable.

Accordingly, the approval of the Development Agreement resulting in an extension of the entitlement period for 10 additional years will not affect public health, safety, or welfare.

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01375.0005 2108092.1 - 5 -
SECTION 6. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said DA with the County Recorder within 10 days after the City signing of the DA.

SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

PASSED AND ADOPTED this ___ day of ________, 2026.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney
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01375.0005 2108092.1 - 6 -

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 Ordinance No. 632-26 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2026, 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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TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING

COMMISSION

FROM: Carl Stiehl, City Planner

PREPARED BY: David Chantarangsu, AICP, Development Services Director

SUBJECT:
..title
Murrieta Marketplace Development Agreement (DA) 2026-00008 ..end

RECOMMENDATION
..recommendation
Staff recommends that the Planning Commission:

1. Conduct a public hearing on the Development Agre ement with Murrieta Marketplace Holdings LP, A California Limited Partnership, Bonsall Service Station, LP a California Limited Partnership and Scott-Murrieta Service Station, LP a California Limited Partnership, as tenants-in-common (Development Agreement);

2. Recommend to the City Council that the proposed Development Agreement is in compliance with the provisions of the California En vironmental Quality Act (CEQA) Guidelines, Section 15162 and that no further analy sis is required under CEQA in connection with the approval of the Development Agreement;

3. Find that the adoption of the Development Agreem ent is consistent with the General Plan; and

4. Adopt a Resolution recommending that the City Co uncil Approve the Development Agreement.

..body

ENVIRONMENTAL
Staff recommends that the Planning Commission recommend that the City Council find that the proposed Development Agreement is in compliance with the provisions of the California Environmental Quality Act (CEQA) Guideline Section 15162 and that no further analysis is required under CEQA in connection with the approval of the Development Agreement.

PRIOR ACTION/VOTE

On June 27, 2018, the City Planning Commission adopted Resolution No PC-2018010 approving development plan (DP-2017-1370), and conditional us e permit (CUP) CUP 2018-1568 for the operation of a car wash and CUP 2017-1442 for outdo or display and equipment rental for approximately 49 acres located at the northwest cor ner of Clinton Keith Road and Winchester Road (Site). The development approvals authorized d evelopment of a commercial center containing up to 518,817 square feet of building ar ea and 2,155 parking stalls including 20 buildings on 10 building pads, including two gas st ations and private and public infrastructure on and adjacent to the Site. The Planning Commission approval included consideration of previously 408
adopted Environmental Impact Report State Clearingh ouse No. 2005031028 (EIR) and a prior addendum. The Commission’s 2018 action included adoption of a further addendum to the EIR.

The City Planner acted administratively to approve substantial conformance determination (SC- 2022-2701) on March 24, 2025 making minor changes t o the previous approval and adopting revised conditions of approval and modifying the site plan approved by the Planning Commission on June 27, 2018.

On October 8, 2024 the City Planner acted administr atively to approve an Extension of Time 2019-2021 for Murrieta Marketplace Development Plan (DP) 2017-1370, Conditional Use Permit (CUP) 2017-1442 and Conditional Use Permit (CUP) 2018-1568 granting an extension of time for the foregoing entitlements until June 27, 2026.

On March 24, 2025 the Development Services Director acted to administratively approve (SC) 2022-2701 making site plan modifications and revisi ng conditions of approval to the project as approved in 2018 along with subsequent revisions.

EXECUTIVE SUMMARY
In 2018 the Planning Commission approved the develo pment of a commercial shopping center consisting of a commercial shopping center containing up to 518,817 square feet of building area and 2,155 parking stalls consisting of 20 buildings on 10 building pads, including two gas stations and private and public infrastructure on and adjacent to the Site. Anticipated uses include variety of retail and restaurant uses on the Site such as a gas station, retail buildings, fast food restaurants, fast casual restaurants and restaurant s with drive-thrus, in up to five phases. The entitlements expire in June, 2026.

The Development Agreement will extend the entitleme nts for 10 years. This will allow sufficient time for the construction of the Project which will benefit the City by providing new restaurants, retail uses, and a gas station for residents and City visitors to patronize which will generate sales tax payable to the City.

BACKGROUND
Murrieta Marketplace Holdings LP, a California Limi ted Partnership, Bonsall Service Station, LP a California Limited Partnership and Scott-Murrieta Service Station, LP a California Limited Partnership, as tenants-in-common (collectively, De veloper) applied for a Development Agreement to extend the term of the referenced entitlements described above (Entitlements). The Entitlements were approved for the Site, which is an undeveloped lot of approximately 49.7 acres of land located at the northwest corner of Winchest er Road Hwy 79 and Clinton Keith Road consisting of the following APNs: 963-060-065, 963-060-066, 963-450-001 through 963-450-019, 480-100-073 and 480-100-074.

Pursuant to state law and Murrieta Development Code Chapter 16.54, a Development Agreement, which is essentially a contract between the City and the Developer, must be approved by ordinance following public hearings by the Planning Commission and City Council. This public hearing before the Planning Commission was properly noticed pursuant to Murrieta Municipal Code (MMC) Section 16.54.060 and Chapter 16.76 and Government Code Section 65867. At the 409
conclusion of the public hearing, the Planning Commission must make a written recommendation to the City Council that the City Council approve, conditionally approve, or disapprove the application with appropriate findings in compliance with MMC Section 16.54.070.

For the Planning Commission to recommend that the City Council adopt the ordinance approving the Development Agreement, the Planning Commission must make three findings:

1. In accordance with MMC Section 16.54.070, the pr oposed Development Agreement will be consistent with the objectives, policies, genera l land uses, and programs of the general plan, any applicable specific plan, and the Development Code.

2. In accordance with Section 16.54.070 of the Murr ieta Development Code, the proposed Development Agreement will be in the best interest of the City.

3. The proposed Development Agreement is internally consistent with other applicable provisions of the Development Code.

The proposed Development Agreement is consistent wi th the objectives, policies, general land uses, and programs of the Murrieta General Plan and the provisions of the Murrieta Development Code because the Agreement does not modify the Proj ect, land use designation, zoning classification, or development standards applicable to the Site. The Development Agreement only extends the duration of previously approved entitlements from 2018 for the Murrieta Marketplace commercial center, which were approved by the Plann ing Commission after a comprehensive review for consistency with the General Plan and De velopment Code. The 2018 approvals included Development Plan (DP-2017-1370), and condi tional use permits (CUP-2018-1568) for operation of a car wash and CUP 2017-1442 for outdo or display and equipment rental, which were granted by Planning Commission Resolution No P C-2018010. The Site is designated Commercial in the Murrieta General Plan and zoned R egional Commercial (RC) under the Development Code. The Project, consisting of a comm ercial shopping center including fueling, retail, and service uses, was previously determined to be consistent with these designations and applicable development standards. The Development Agreement does not alter those approvals and therefore maintains consistency with the City’s adopted land use framework and regulatory requirements. Because the Development Agreement onl y provides additional time for the implementation of an already approved project and d oes not authorize any changes to the approved land uses, density, intensity, or developm ent standards, the Agreement remains fully consistent with the objectives, policies, and imple mentation programs of the General Plan and with the provisions of the Development Code.

The proposed Development Agreement is in the best i nterests of the City because it provides certainty regarding the continued implementation of a previously approved commercial development that will provide retail services, employment opportunities, and tax-generating uses for the community. The Agreement facilitates the orderly development of the Site by allowing the approved project additional time to proceed while m aintaining all previously adopted conditions of approval and development standards. The Developm ent Agreement also benefits the City by encouraging investment in commercial development at a prominent intersection along Winchester Road (State Route 79) and Clinton Keith Road, a key commercial corridor within the community.

Implementation of the approved commercial center wi ll contribute to the City’s economic base through the provision of retail services and the ge neration of sales tax and other local revenues that support municipal services. By providing devel opment certainty while preserving the City’s regulatory authority through the existing condition s of approval and applicable municipal 410
regulations, the Development Agreement promotes eco nomic development, supports the City’s long-term planning objectives, and therefore serves the best interests of the City.

The proposed Development Agreement is internally consistent with the provisions of the Murrieta Development Code because it implements the procedur es and authority established in Murrieta Municipal Code Chapter 16.54, which allows the City to enter into development agreements consistent with State law. The Agreement extends th e duration of the previously approved entitlements while maintaining all applicable Devel opment Code standards and regulations governing the project. Because the Development Agr eement operates within the authority provided by the Development Code and does not conflict with any of its provisions, the Agreement is internally consistent with the City’s adopted la nd use regulations. Lastly, the Planning Commission is asked to make a finding on whether th e approval of the proposed Development Agreement complies with the California Environmenta l Quality Act (CEQA). Staff recommends that that Planning Commission find that the propose d Development Agreement is in compliance with the provisions of CEQA Guideline Section 15162 and that no further analysis is required under CEQA in connection with the approval of the Development Agreement. This finding can be made because the proposed Development Agreement doe s not alter the approved Project, the proposed Development Agreement only extends time fo r the entitlements. Accordingly, no new environmental impacts will be created as a result of the approval of the Development Agreement and the prior CEQA Approvals remain adequate.

ATTACHMENTS
Attachment 1 - Resolution

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 20.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Laura Frasso, Special Events Supervisor
SUBJECT:

Adoption of Revised Town Square Park and Amphitheater Policy and User Fees

ABSTRACT
This item presents for City Council adoption proposed updates to the City’sevent policy and the existing fee schedule for Town Square Park & Amphitheater. The City Council’svision is for the park to serve as a vibrant community hub that brings residents together through shared experiences, including concerts, family-friendly gatherings, and cultural events.

The proposed revisions are intended to encourage expanded programming while maintaining appropriate oversight, cost recovery, and operational standards. These changes formally conclude the pilot period and establish a permanent, tiered framework for event use, updated fees, and Signature Event designations at Town Square Park & Amphitheater.

RECOMMENDATION
Receive the staff report and conduct a Public Hearing on proposed updates to the Town Square Park & Amphitheater Proposed User Fee Changes;
Adopt Resolution No. 26-4931 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the City’s Updated Town Square Park & Amphitheater Special Event Rates, User Fees; and Adopt Town Square Park & Amphitheater and Signature Event Policy.

PRIOR ACTION/VOTE
On June 4, 2024, the City Council held a public hearing and conducted the first reading of Ordinance No. 604- 24, adopting the Town Square Park and Amphitheater Fees (Vote: 5-0).

On July 2, 2024, the City Council conducted the second reading of Ordinance No. 604-24, adopting the Town Square Park and Amphitheater Fees (Vote: 5-0).

At the April 1, 2025, City Council meeting, the City Council requested to bring back an item regarding the cost structure for Tour de Murrieta, which is a City-designated Signature Event (Consensus).

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Agenda Item No. 20.

On June 3, 2025, the City Council reestablished the Town Square Park Amphitheater Subcommittee to review the Town Square Park & Amphitheater and Signature Event Policy (Vote: 5-0).

On December 16, 2025, the City Council provided comments at a workshop in regard to the new policy and proposed fee schedule changes.

STRATEGIC ALIGNMENT
Foster and promote an engaged, connected and caring community. This item falls under Tier 3: Greater activation of Amphitheater. Lowering the majority of the fees will assist in activating the space on a more regular basis.

DISCUSSION
The City of Murrieta (City) hosts a wide range of public events each year, recognizing their importance in strengthening community pride, promoting cultural engagement, and enhancing overall quality of life. In addition to City-produced events, the city partners with nonprofit organizations, public agencies, and private event producers to deliver diverse community programming.

Long-standing Signature Events include the Tour de Murrieta, Murrieta Rod Run, the Susan G. Komen More Than Pink Walk, and the Field of Honor in partnership with the Rotary Club of Murrieta (proposed to transition to a Presenting Sponsor event). The City’sexisting Signature Event Policy outlines partnership and in-kind sponsorship tiers for these established events; however, the City has increasingly received requests for financial support beyond the parameters of the policy. This trend has prompted a broader evaluation of how event classifications, community benefits, and cost recovery should align.

In April 2023, the City adopted a two-year pilot use policy for the Town Square Park & Amphitheater, with modifications approved in October 2023. In June 2024, the City Council adopted the official user fee schedule.

The pilot program was intended to expand activation of the venue, support community-based programming, and evaluate the feasibility of hosting larger-scale partner events.

During the pilot period, staff and the City Council received mixed feedback from event organizers regarding rental terms and the fee structure. This feedback highlighted the need for clearer expectations between the City and its partners, as well as a more consistent and tiered pricing model.

Following completion of the pilot period in April 2025, the City Council reestablished the Town Square Park Amphitheater Subcommittee (Subcommittee) to refine the framework based on operational experience and community demand. At that time, Mayor Cindy Warren and Council Member Ron Holliday were appointed to serve on the Subcommittee, which has worked closely with staff to develop a clearer, more transparent policy (Attachment No. 1). The proposed policy outlines updated rental terms and fees (Attachment No. 2), as well as revisions to the Signature Event classifications.

The overarching policy objective remains unchanged: Town Square Park is intended to serve as a community- focused venue, prioritizing events that are open and accessible to residents (including ticketed events open to the public), rather than private, closed events. The proposed framework incorporates lessons learned from the pilot period and establishes a more consistent, transparent, and financially sustainable approach moving forward.

Key changes proposed through this review process include:

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Agenda Item No. 20.
· Adding Police and Fire staffing matrices to improve transparency and enable more accurate cost estimates (Attachment No. 3);
· Introducing “Business Negotiated Events” as a new category to evaluate unique or high-impact proposals that do not fit within traditional event tiers; · Establishing a flat per-attendee fee for events that serve alcohol to offset increased impacts on park operations and maintenance. The proposed $0.90 per-attendee Alcohol Event Cost Recovery Fee is described in Attachment No. 4, which documents the cost analysis and justification, including ongoing maintenance and capital reserve needs (e.g., perimeter fencing and shade structures). This fee is subject to the annual escalator;
· Revising Signature Event eligibility to require a minimum of five (5) years of prior operation; · Reclassifying the Field of Honor event to a new Presenting Sponsor category; · Launching the “Seed to Succeed” Program to support emerging community events; · Defining updated reservation timelines for event organizers; · Establishing thresholds for small versus large events; and · Updating the overall fee structure and schedule currently existing within the City’s fee schedule, including hourly amphitheater rates.

These revisions are intended to ensure that Signature Event designation is reserved for long-standing, high- impact events with demonstrated and sustained community benefit, while also providing a flexible and equitable framework for new and evolving community programming.

On December 15, 2025, the City Council held a workshop discussion to review the Subcommittee’s recommendations on the proposed policy and fee schedule. Feedback from the City Council was positive at that time, and staff proceeded to work on the next steps for implementation. In that process, staff received feedback to restructure the proposed fee on alcohol sales for events where alcohol is served. The Alcohol Event Cost Recovery Fee described above reflects the restructured approach.

Analysis
The City Council has expressed a desire to increase the number of events, particularly at Town Square Park & Amphitheater. The proposed policy revisions are intended to streamline the process for outside event organizers. Additionally, the updated fee schedule reflects reduced costs for event organizers and the addition of the flat rate per attendee fee associated with events that include alcohol service.

Key Considerations
City Council direction is requested regarding which Signature Events should remain in the Signature Event category and which (if any) should transition to the Presenting Sponsorship tier. The current Signature Events are Tour de Murrieta, Rod Run, and the Susan G. Komen Race for the Cure event. Under the proposed policy, Field of Honor is slated to be a Presenting Sponsor event.

Pros/Cons
Pros
· Streamlines the permitting and coordination process, making it more efficient and user-friendly for event organizers.
· Reduces financial barriers, which may encourage increased participation and attract a broader range of events.
· Promotes greater activation and utilization of Town Square Park & Amphitheater.

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· Enhances community quality of life by supporting accessible, vibrant public spaces and programming.

Cons
· Increased event activity may accelerate turf wear and overall park impacts, resulting in higher maintenance needs and costs.
· Additional events will require increased staffing across multiple departments, including Municipal Services, Community Services, Police, Fire, and Development Services/Building. · Current staffing levels within the Special Events Division are at or near capacity, limiting the ability to absorb additional workload.
· Reduced fee structures may result in decreased cost recovery and overall revenue. · The “Seed to Succeed” Program and “Business Negotiated Events” category are not currently budgeted and may require future resource allocation.

Alternatives
Alternative 1: Adopt the proposed policy and fee schedule as presented.

Alternative 2: Adopt the proposed policy and fee schedule with modifications as directed by the City Council.

Alternative 3: Continue the item and direct staff to return with additional information or analysis.

Other
Staff incorporated feedback from event organizers, public safety personnel, and maintenance staff throughout the pilot period and Subcommittee review process.

PUBLIC NOTICING
A public notice was published in the Press Enterprise, Daily Bulletin, and San Bernardino Sun on April 6, 2026, and made available for public review the same day. The City Clerk's Department notified interested parties with an active notice on file.

FISCAL IMPACT
The proposed policy includes the adoption of new and revised fees. The updated fee schedule is designed to reduce costs and improve accessibility for event organizers, which may encourage increased utilization of the Town Square Park & Amphitheater.

The only fee that has increased through this revision process is the permit issuance fee. This fee has increased by 3.2% in accordance with the fee changes that were adopted by City Council on April 7, 2026.

These changes will be adopted for the FY 2025/26 fee schedule revision cycle, and will be rolled over to the FY 2026/27 fee schedule per the attached resolution (Attachment 2).

A proposed flat per-attendee fee for events that serve alcohol is intended to help offset increased maintenance and operational costs and to contribute toward the replacement of the park perimeter fencing and shade structure improvements over the estimated 20-year lifecycle.

While reduced rental fees may result in lower direct revenue, increased event activity and implementation of the per-attendee fee are expected to partially offset service costs. Actual fiscal outcomes will depend on event volume and attendance levels.

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Any ongoing budgetary impacts will be evaluated and incorporated into future biennial budget cycles following one to two years of financial performance under the updated fee structure.

ATTACHMENTS
ATT 1 - Town Square Park & Amphitheater Event Policy
ATT 2 - Resolution No. 26-4931
ATT 3 - Public Safety Matrices
ATT 4 - Alcohol Event Cost Recovery Fee Cost Analysis and Justification CITY OF MURRIETA Printed on 4/16/2026Page 5 of 5
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1 City of Murrieta
Administrative Policy

TOWN SQUARE PARK & AMPHITHEATER AND

SIGNATURE EVENT POLICY
POLICY NO.: DATE:

PURPOSE

Town Square Park & Amphitheater serves as a vibrant community hub designed to bring residents together through shared experiences. This dynamic public space provides a welcoming environment that strengthens community vitality and enriches quality of life. By hosting concerts, family-friendly gatherings, and cultural events, the park fosters a strong sense of connection and contributes to a thriving, connected Murrieta.

DEFINITIONS
A. A “City Event” is an event organized and operated by City of Murrieta staff.

B. An event in which the City is a “Presenting Sponsor” is a special event within Murrieta coordinated by an approved non-profit, outside government agency, or for-profit business.

The City provides in-kind support (such as use of a facility or park). The event must benefit the Murrieta community.

C. A “Large Event” is one that anticipates significant community impact and requires extended lead time for planning and review. Large events include those with expected attendance of over 1,000 attendees, more than 25 vendors, alcohol service or sales, and/or any event requiring a Traffic Control Plan as determined based on the event scope as part of the Special Events Permit Application Permitted reservations for large events must be made no less than six months and no more than one year in advance.

D. A “Small Event” is one that is confined to the park boundaries, anticipates fewer than 1,000 attendees, and includes fewer than 25 vendors. Small events may not use the amphitheater stage. Permitted reservations for small events must be made no less than four months and no more than six months in advance.

E. A “Business Negotiated Event” is an event organized by a private , for-profit entity for revenue-generating purposes. The City may negotiate usage fees and/or revenue -sharing agreements for such events.

F. A “Community Event” is generally an event organized by non -profit or civic organizations that benefits Murrieta residents by celebrating culture, bringing people together, and fostering belonging.

G. A “Signature Event” is a recurring community event organized by nonprofit organizations, designated by the City Council, and recognized by the City for its cultural or economic significance and sustained success.
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2 INTENDED USE

Town Square Park and Amphitheater is designed primarily for large-scale productions and events that serve substantial crowds. While the venue can accommodate a range of activities, its use should align with its role as a regional gathering place and performing space. The facility is not available for private social events; all events must be open and accessible to the broader Murrieta community. Events may be ticketed, provided that tickets are available for purchase by the general public.

Public and Informal Use
When the Amphitheater is not otherwise reserved, non -coordinated activities with 25 or fewer people that are not business or for -profit in nature do not require a Special Event Permit. All informal users must comply with general public park rules; however, no organized sports practices, games, or fee/donation -based at hletic classes, practice s, or training are permitted. To avoid scheduling conflicts, users are encouraged to check the City’s online event calendar before planning their visit.

POLICY

Application Timeline
Large events must be submitted no less than six months and no more than one year in advance of the event start date. Small events must be submitted no less than four months and no more than six months in advance.

Application Requirements
Special Event Applications must be completed in full and submitte d for consideration.

Applications will not be reviewed unless accompanied by the required Special Event Application fee check at the time of submission.

Review and Approval
Applications will be reviewed by City staff and, as applicable, must also receive approval from the appropriate departments, including Building & Safety, Economic Development, Municipal Services, Murrieta Police Department, Murrieta Fire & Rescue, Planning, Public Works, and Risk Management.

Approval will be based on compliance with Ci ty codes, public safety, alignment with the facility purpose stated in this policy , potential impacts to the community, and the applicant’s ability to successfully execute the event.

Event Frequency
Community Events taking place at Town Square Park & Amphitheater are limited to one event per organization per year. However, the Murrieta Valley Unified School District may hold up to four events per year. Any additional events for any organization require approval by the City Manager or his/her designee under any extraordinary circumstances.

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3 Event Types:

Business Negotiated Events
Business Negotiated Events are generally organized by private entities for revenue -generating purposes. These events must be available to the public, ticketed or non-ticketed events, and benefit the Murrieta community by bringing people together. The City places a strong priority on performance-based events that activate the amphitheater, enhance cultural offerings, and draw visitors to the area. The City may negotiate usage fees and/or revenue-sharing agreements for such events. Approval requires review by both the Community Services Department and the Economic Development Department, with final determination based on the event’s overall economic, community, or cultural benefit to the City. Generally, Business-Negotiated Events are intended to be full -cost recovery for the City , subject to the fee schedule adopted by the City Council. A reduced rate may be negotiated based on estimated economic benefits of the event, including but not limited to increased tourism and patrons for local businesses and restaurants, hotels, and sales tax revenue.

Community Events
Community Events benefit Murrieta residents by celebrating culture, fostering a sense of belonging, and bringing people together. These events may include programs generally organized by public or government agencies when their primary purpose is educational, cultural, or civic in nature. Community Events are limited to one event per organization per year and must align with the intended use of the park. Approval is based on compliance with City codes, public safety, and potential community impact. The user fee rate structure for “Community Events” will generally be reduced from the full-cost recovery rates to help stimulate local events. Community Events are strongly encouraged to establish a sustainable model for their event to pay the rates according to the fee schedule adopted by the City Council.

Presenting Sponsor
Presenting Sponsor Events are those in which the City of Murrieta is formally recognized as the “Presenting Sponsor” for an event organized by an external entity. These events must provide a clear community benefit, be open and accessible to the public, and align with the intended use of the park. In return for in-kind support, such as facility access, staffing, or production resources, the City must be prominently acknowledged on all event marketing, advertising, social media, signage, and program materials. Approval requires review by both the Community Servic es Department and the Economic Development Department or City Council, with final determination based on community impact and alignment with City priorities. The value of in -kind support will be determined on a case-by-case basis and may offset a portion of the event’s user fees, subject to the current fee schedule.

Signature Events
An event may be considered for Signature Event status after five consecutive years of successful operation, during which it must demonstrate financial self -sufficiency. Official designation may begin in year six of the event if approved by the City Council. Signature Events are organized by nonprofit organizations and must demonstrate a clear cultural or economic benefit to the Murrieta community and are subject to annual performance evaluations and must identify the City of Murrieta as a sponsor on all marketing, promotional materials, and event signage . The City may 419

4 provide up to $10,000 of in-kind support per year; any additional costs are the responsibility of the event organizer.

Seed to Succeed
The Seed to Succeed Program provides limited in-kind support for new community-focused events organized by nonprofit org anizations during years two through five, following a successful first year. Eligible events may receive up to $2,500 in City support per year with additional costs being the responsibility of the organizer. Participation requires review and approval by th e Community Services and Economic Development departments and adherence to established performance metrics. Full program details, eligibility requirements, and application instructions are posted on the City’s Special Event website.

Facility Rental Time Blocks
Town Square Park & Amphitheater rentals are available in designated time blocks. All rental hours must include both setup and clean-up time.
 Half Day (6 hours), for example, the following hours:
o Morning: 8:00 a.m.-2:00 p.m.
o Evening: 4:00 p.m.-10:00 p.m.
 Full Day (14 hours): 8:00 a.m.-10:00 p.m.
o Full-day rentals allow 14 hours of access but are charged at a 12-hour rate.  Hourly Rate: Additional hours beyond scheduled blocks may be approved based on availability and subject to applicable hourly fees.

Hours

1. No special events are allowed before 7:00 am or after 10:00 pm. Event setup not involving amplified sound may be allowed before 7:00 am.

2. Special events and all noise -generating activity must end by 10:00 pm, with clean -up starting promptly at 10:00 pm. The high-powered park lighting must be shut off by 11:00 pm per Murrieta Municipal Code Chapter 16.18.110.

3. Multi-day events wherein the event host wants to keep elements set up overnight are at the permittee’s risk and require overnight security provided by and at the expense of the event host.

4. Events proposing to use fencing must receive prior approval as part of the Special Event Application process and must limit the closure of the park to no more than seventy -two (72) hours, exceptions may be granted with prior approval by the City Manager.

Fees and Deposits
Event organizers are responsible for all applicable City fees, deposits, and charges for services.

This may include, but is not limited to, staff time, police and fire services, traffic control, waste management, and facility usage fees. Deposits may be retained if an event fails to comply with permit conditions or causes damage to City property. For events that include alcohol sales, the City applies an Alcohol Event Cost Recovery Fee, based on the City Council-adopted fee schedule.

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5 Rate Structure and Associated Fee Documents

Rates for use of the facility are established in the City’s current fee schedule are available at:
https://www.murrietaca.gov/1264/Comprehensive-Fees. Additional materials that include fee-related information, such as the Alcohol Event Cost Recovery Fee, the Public Safety Matrices, and the Seeds to Succeed program, are available on the City’s website:
https://www.murrietaca.gov/849/Special-Events/events. These documents provide further detail on how specific fees are calculated and applied. The City Council adopts all fee amounts in the City’s fee schedule. Guidance documents, such as matrices and program materials, may be updated administratively to reflect current practices and cost drivers; however, any change to a fee amount requires City Council action through the adoption of the fee schedule.

Amenities

1. Stage electricity, event parking, limited Wi -Fi access, and large park lighting are amenities included with all reservations.

2. Use of facility restrooms may require a restroom restocking fee paid for by the event organizer, in accordance with the City’s Fee Schedule.

3. Use of the dressing room building must be stipulated in the Special Events Permit Application. An additional fee will apply for the use of this building as established by the City Council-adopted fee schedule

Monument Area Reservations
Reservation of the monument areas only (Veterans Memorials, 9/11 Memorial, “Murrieta Through Time” d isplay, and the Missing in Action [MIA] monument) is considered a standalone reservation. These reservations are limited to Wednesdays and may be scheduled during the following time blocks, subject to availability:
 Morning: 9:00 a.m.-11:00 a.m.
 Afternoon: 3:00 p.m.-5:00 p.m.

Reservations may be made no more than 30 days in advance, and the fee for each reservation will be based on the City Council-adopted fee schedule.

Date Restrictions
City of Murrieta events take scheduling priority at Town Square Park & Amphitheater. Outside applications will not be considered on dates that conflict with City -produced events, City - recognized holidays, or when City resources are otherwise unavailable. The City’s Special Event Website provides the current list of restricted dates. Specifically, the following dates are unavailable:
 City-recognized holidays
 Saturday before Easter
 Saturday before Father’s Day
 Weekend before July 4th
 Weekend before Halloween
 Week of and including Veterans Day
 First weekend in December
 December 24 through January 1
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6 Park Preservation
Usage will be limited to preserve the turf throughout the park to allow appropriate turf rest and repair. Event organizers are responsible for all cleanup and restoration and will be charged for any damages or excessive maintenance.

PROCEDURES

Events with Alcohol and Food

1. The request to sell or serve alcohol must be included in the Special Events Permit Application at the time of original submission.

2. Only beer and wine may be sold or served, unless an exception is granted by the City Manager, which must be done in accordance with County of Riverside and State of California requirements.

3. Alcohol, where permitted, requires authorized signatures from the Murrieta Police Department and City Manager’s Office on the Alcohol Beverage Control (ABC) special permit application by the required deadlines. The event organizer is responsible for completing the ABC application, and any associated permit fees are the organizer’s responsibility.

4. All catering, food service, and f ood vendor activities must pull necessary permits , provide insurance, and follow County of Riverside Health Department requirements.

5. When alcohol is sold/served at an event at Town Square Park & Amphitheater, the City applies an Alcohol Event Cost Recovery Fee to cover the additional maintenance and restricted capital reserve for perimeter fencing/shade structure replacement to support events with alcohol. This fee is based on a flat rate per attendee and is separate from Public Safety charges and facility rental fees. Event organizers shall provide an estimated attendance prior to the event and a final attendance count within three (3) days following the event. The City will reconcile the fee based on final attendance within ten (10) days following receipt of the data from the event organizer . Amounts collected for the capital reserve component shall be accounted for and used solely for the identified replacements and shall be periodically reviewed and adjusted to avoid over- or under-collection.

Public Safety and Security

1. Requirements for event security and emergency medical response will be established by the City’s Police and Fire Departments based on the event scope and scale. Please refer to the Special Event website for each department’s respective matrix.

2. The cost for public safety staffing, event security, and emergency response will be at the expense of the event host.

3. Depending on the scope and scale of the proposed event, the Police Department may require additional security measures , which wil l be determined during the Special Event Permit application process.

Insurance and Liability

1. Certificate of (liability) Insurance and Endorsement, naming the City of Murrieta as 422

7 additionally insured with the coverage amounts required by the Risk Manager, must be submitted to the Community Services Department a minimum of fourteen (14) days prior to the event. Events with alcohol may have additional insurance requirements.

2. The City of Murrieta’s Special Events Permit Application ha s additional information regarding insurance requirements.

Trash and Recycling

1. Keeping Town Square Park beautiful and trash -free for all to enjoy is a high priority for the City. For events considered larger than “normal park operations” that would generate trash exceeding normal park operations, for example, those with food and beverage and/or vendors, the event host will be responsible for providing additional solid waste receptacles and servicing them.

2. The City of Murrieta has an exclusive Franchise Agreement w ith Waste Management for solid waste and recycling services.

3. As required of the City of Murrieta by State law, event hosts must provide and service three types of waste receptacles – trash, recycling, and organics/compost.

4. Other than City-hosted events, Ci ty personnel are not available during special events to service waste receptacles.

Noise and Music:

1. All activities on the site require compliance with Murrieta Municipal Code Chapter 16.30.

2. No amplified music shall be allowed before 7:00 am (unless previously approved by the City Manager or his/her designee through the Special Event Permit application process) or after 10:00 pm.

3. In the interest of being a good neighbor, depending on the even t scope, as determined by City Staff, event hosts may be required (at their expense) to place and monitor sound decibel monitors at the property line for the park to ensure compliance with the City’s noise ordinance.

4. Event hosts that do not adhere to the City’s noise ordinance will forfeit their deposit and will not be allowed to host future events at the facility for one to three years, subject to City Council consideration.

Lighting

1. Event lighting must comply with Murrieta Municipal Code Chapter 16.18.110.

2. Any non-compliant lighting (including but not limited to stage lighting, large floodlights, portable lights in parking lots) must be shut off between 11:00 pm and daybreak.

Parking and Traffic

1. For maximum safety and to minimize the event's impact on surrounding neighborhoods, a traffic control and parking plan may be required based on the event's scope, submitted as part of the Special Event Permit Application . If required, a traffic control plan must be prepared and stamped by a California-registered traffic engineer and approved by the City Engineer.

2. All costs for the implementation of the traffic control plan and traffic control personnel will be paid for by the event host.
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8 3. Charging for parking in City parking lots is generally not permitt ed. Special permission may be granted by the City Manager.

4. For any event involving street closures, organizers are required to mail resident and business notifications two to four weeks prior to the event date.

Public Notification
Scheduled special events will be noticed on the City’s online community calendar and, once constructed, on the electronic notification message sign at the corner of Jefferson Avenue and Kalmia Street. Certain events may also be promoted on the City’s social media. Interested parties can subscribe to the calendar to receive updates and be automatically notified of scheduled events.

Miscellaneous

1. In any case where authority is granted to the City Manager or where an adjustment to the policy is recommended based on certain cir cumstances, he/she retains the right to refer the matter to the City Council.

2. All stage equipment requiring rigging , including, but not limited to, audio/visual, lighting, speakers, microphones, and similar production elements, must be rented through a business on the vetted City of Murrieta vendor list to ensure compatibility with the City’s systems.

3. Any event organizer that has not fulfilled their previous obligations with the City and/or is not in good standing will not be eligible to hold an event on City property for one to three years, subject to City Council consideration.

HISTORY
Adopted

_________________________
Justin Clifton
City Manager

Attached:
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RESOLUTION NO. 26-4931

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, APPROVING THE CITY’S UPDATED TOWN SQUARE PARK & AMPHITHEATER USER FEES

WHEREAS, Chapter 3.32 of the Murrieta Municipal Code and provisions of the California Constitution relating to fee and service charges provide for the adoption and implementation of fees, rates, and service charges for municipal services; and

WHEREAS, July 2, 2024, the City Council adopted Ordinance No. 604-24, adopting user fees for the Town Square Park & Amphitheater; and

WHEREAS, Section 4 of Ordinance No. 604-24 set forth that the fees, rates, and services might be amended, suspended, or modified by Resolution of the City Council, unless State law requires such to be adopted by Ordinance; and

WHEREAS, on December 16, 2025, City Council provided comments at a workshop regarding the new policy and proposed user fee schedule changes relating to the overall use of Town Square Park and Amphitheater as detailed in the policy; and

WHEREAS, the fees, rates, and service charges collected by the City pursuant to Ordinance No. 604-24, and subsequently amended, do not exceed the cost of providing the services; and WHEREAS, the City Council has reviewed the Alcohol Event Cost Recovery Fee Analysis/Justification and finds that the Alcohol Event Cost Recovery Fee is based on reasonable estimates of the City’s incremental maintenance/custodial costs and a restricted capital reserve allocation for perimeter fencing/shade improvements to support events with alcohol, and that the $0.90 per-attendee rate is reasonably related to those costs and purposes; and

WHEREAS, at this time the City desires to update its Town Square Park & Amphitheater user fees such that the City has, pursuant to California Government Code section 66016, provided notice of and conducted a public hearing and received written and oral presentations regarding the proposed updated fees, rates, and service charges; and

WHEREAS, the approval of these updated fees, rates, and service charges will directly reimburse the City for the cost of services provided; and

WHEREAS, pursuant to Murrieta Municipal Code section 3.32.040 and California Government Code 66017 the fees shall be effective no sooner than sixty (60) days following the final action on the adoption of the fee; and

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and

WHEREAS, the City Council desires to further amend Ordinance No. 604-24 to update the Town Square Park & Amphitheater user fees.

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01375.0002 2115192.1 4/3/2026

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

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

Section 2. That Ordinance No. 604-24 is hereby revised to remove the page in its Exhibit A for fees levied in connection with Town Square Park in its entirety and said page is replaced with the new page, Fiscal Year 2025/26 Town Square Park and Fee Charges, attached hereto as Exhibit 1, which is hereby adopted as prescribed below.

Section 3. That the adopted fees, rates, and service charges set forth on Exhibit 1 will be effective 60 days after adoption by City Council, on June 20, 2026.

Section 4. That, as of June 20, 2026, the adopted fees, rates, and service charges set forth on Exhibit 1 shall supersede any and all previously approved fees, rates, and service charges for such services.

Section 5. That after June 20, 2026, the fees, rates, and service charges set forth on Exhibit 1 will automatically be incorporated into the Fiscal Year 2026/27 User Fee Schedule, introduced on April 7, 2026 and scheduled to be effective on July 1, 2026, pursuant to the adopted Resolution 26- 4924.

Section 6. The fees, r ates, and service charges set forth on Exhibit 1, shall be adjusted annually to increase in accordance with same methodology used for other City fees set forth on Ordinance No. 604-24 on July 1 of each year consistent with the percentage increase in the CP I for the Riverside-San Bernardino-Ontario area or five percent (5%), whichever is lower. For the Alcohol Event Cost Recovery Fee, the City will periodically review the underlying cost and event -count assumptions supporting any capital reserve component to avoid material over-collection.

PASSED AND ADOPTED this 21st day of April.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

426
01375.0002 2115192.1 4/3/2026
APPROVED AS TO FORM:

Tiffany J. 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. 26-4931 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 21st day of April 2026, 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
427

XI. Parks & Recreation - Fee Schedule
Exhibit 1

City of Murrieta, Fiscal Year 2025/26

Application for Use Fee Amount
Permit issuance fee1 769.75
1 Upon completion of event, $500 of the application fee will be credited to the final invoice for use of the Town Square Park and Amphitheater.

Town Square Park Deposits * Fee Amount
Reservation Deposit, per event 1,500 min - 5,000 max
Park Use Deposit, 1 day - 3 days 1,500.00 - 4,500.00
Dressing Room 500.00
Staking for Large Tents 500.00
Alcohol 1,500.00
Carnival-type Attractions 1,500.00

Town Square Park Hourly Rates * Fee Amount
Monday-Thursday 100.00
Friday-Sunday 150.00
Staffing See "City Wide" section

Town Square Park Reservation Fees (Set up/breakdown charge is calculated at 12 hours) * Fee Amount Vacant lots, per day/lot (non-parking purposes) 106.15
Electricity/Utilities, full day/half day 200.00/100.00
Dressing Room, per day 250.00
Stage Storage Room, per day 53.10
Restocking Supply Fee, per day 53.10
Alcohol Event Cost Recovery Fee, per attendee 0.90
Monument-Area Reservations, per two-hour block 50.00

Town Square Park Late Fees * Fee Amount
Reservation Deposit, per day 100.00
Traffic Control Plan, per day (If Applicable) 100.00
Noise Ordinance Violation, per minute 1,000.00

* Notes for Town Square Park Reservations
Reservation for Town Square park includes: Park open grass space and amphitheater (stage only; dressing room access not included), amphitheater/stage electricity, high-powered park lighting, event parking, limited WiFitis for sales and concessions, public restroom access, and readily stocked restroom at start of rental period
Should approval be given for an event to take place on a holiday, staffing hourly rates for holidays would be applicable.

If applicant cancels the event 0 to 4 days in advance of the reservation, 50 percent of the deposit is forfeited.

If applicant cancels the event 5 to 10 days in advance of the reservation, 25 percent of the deposit is forfeited. 428
Purpose
The following staffing matrix provides general guidelines for determining police officer deployment during special events within the City of Murrieta. Staffing levels are based on estimated attendance, the presence of alcohol, and whether private security is employed. These guidelines are intended to assist in planning but do not replace supervisory discretion or operational judgment.

Staffing Matrix
Events Without Alcohol
Estimated
Attendance
Officers per
Attendees
Minimum
Staffing Notes
1 per 250 2 Small gatherings, community
events.
1 per 300 4 – 6 School events, small concerts,
parades.
1 per 400 8 – 12 Mid-size community or cultural
events.
25 – 500
501 – 2,000
2,001 – 5,000
5,001 – 10,000 1 per 500 12 – 18 Large public gatherings.

Officers per
Attendees
Minimum
Staffing Notes
1 per 150 3 – 4 Bars, beer gardens, private parties.
1 per 200 8 – 10 Concerts, large receptions.
1 per 250 12 – 18 Street fairs, festivals with beer
gardens.

Events With Alcohol
Estimated
Attendance
25 – 500
501 – 2,000
2,001 – 5,000
5,001 – 10,000 1 per 300 20 – 25 Amphitheater events, large music festivals.

Events With Private Security Present
(Industry Standard: One sworn officer for every 3–5 private security staff) Murrieta Police Department
Deployment Matrix
1 429
Private
Security
Required
2 3 - 5
10 - 15
Estimated
Attendance
25 - 250
251 - 500
501 - 2,000
2,001 - 5,000

5,001 - 10,000
20 - 30
Minimum
Sworn Officers
0 2
2 - 4
6 - 8
8 - 12
Notes
Alcohol served 2 officers
Alcohol requirement already met
Final numbers
based on site and risk
Staffing may increase for high-risk events
Additional supervisors may be required
Industry Standard
A widely recognized guideline is to staff one sworn law enforcement officer for every three to five private security personnel. This model allows security staff to handle access control, bag checks, and general monitoring while sworn officers focus on enforcement, public safety, and emergency response. This approach not only maintains safety but also reduces the burden of police service fees on event organizers, supporting vendor success and revenue growth.

Event Deployment Considerations
In addition to attendance, alcohol service, and private security staffing, police deployment should account for:
• Venue (indoor, outdoor, open-access, controlled entry) • Alcohol Served (none, beer/wine only, full bar)
• Guest/Artist Profile and Following (popularity, prior incidents, anticipated crowd behavior)
• Age Group/Demographic (youth-oriented, family, adult-focused) • Threat Assessment (credible threats, controversial elements, prior history at the venue/event)
Sample Staffing Scenario
Event: 5,000-person amphitheater concert, alcohol served, private security present. • Base Matrix (With Alcohol): 12–18 sworn officers recommended. • Private Security Adjustment: 30–50 private security staff + 6–8 sworn officers. 30 - 40
2 430
• Final Deployment Plan: Approximately 8 sworn officers supported by 40 private security personnel, focused on alcohol monitoring, traffic control, and rapid response.

Disclaimer
This matrix is intended only as a planning reference. Actual staffing levels may vary depending on event type, location, threat assessment, and operational needs. The Murrieta Police Department retains full discretion to increase or decrease staffing on a case-by-case basis. 3 431
Special Events Fire Prevention Matrix
All events are required to submit a fire prevention plan. The plan should include the event’s fire prevention plan, number of projected attendees, type of food vendors that will be at the event, and description of cooking method (open flames or grease)
The Fire Prevention Matrix identifies the minimum requirements for special events in the City of Murrieta. The Murrieta Fire Chief or his/her designee has final authority to determine event Fire Prevention requirements.

Approved By:

Print Name & Title: Date:

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Murrieta City CouncilApril 21, 2026

Murrieta City Council
April 21, 2026