Agenda — Temecula City Council, May 23, 2023 (part 1 of 2)

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
MAY 23, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.

CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Rabbi Yonasan Abrams of Chabad of Temecula
FLAG SALUTE: Scout Master Tomas Villanueva
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation of Proclamation for Public Works Week
Presentation of the California Park & Recreation Society Awards of Excellence Presentation by Troop 309 G (Michelle's Place) and Troop 309 B (Saint Mother Teresa) Regarding U.S.

Flag Program for Temecula Residents

BOARD / COMMISSION REPORTS
Planning Commission and Race, Equity, Diversity and Inclusion Commission

PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)

PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into

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City Council Agenda May 23, 2023
the record. Still images may be displayed on the projector. All other audio and visual use is prohibited.

Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports.

CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

Attachments: Agenda Report

2. Approve Action Minutes of May 9, 2023
Recommendation: That the City Council approve the Action Minutes of May 9, 2023.

Attachments: Action Minutes

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

Attachments
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Agenda Report
Resolution
List of Demands

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City Council Agenda May 23, 2023

4. Approve City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023

5. 6.

7. Recommendation
Attachments:

That the City Council approve and file the City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023.

Agenda Report
January Treasurer's Report
February Treasurer's Report
March Treasurer's Report
Approve Second Amendment with Eide Bailly, LLP for Audit Services for the Fiscal Years Ending June 30, 2023, 2024 and 2025
Recommendation: That the City Council:

1. Approve the second amendment with Eide Bailly, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ending June 30, 2023, through June 30, 2025, for a total amount not to exceed $251,473; and

2. Authorize the City Manager to approve additional work up to ten percent (10%) of the amount of the agreement as approved by City Council.

Attachments: Agenda Report
Second Amendment
Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2023-24 Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
Attachments: Agenda Report
Resolution
Approve Agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study
Recommendation: That the City Council approve the agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study in support of the General Plan update.

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City Council Agenda May 23, 2023
Attachments: Agenda Report
Agreement

8. Approve License Agreement with Flatiron West, Inc. for Access on City -Owned Properties in Connection with Construction of the I-15 / French Valley Parkway Improvements - Phase II Project, PW16-01
Recommendation: That the City Council approve a license agreement with Flatiron West, Inc. for access onto City -owned properties, APN 916-400-013 and 916-400-018, in connection with construction of the I-15 / French Valley Parkway Improvements - Phase H project, PW 16-01.

Attachments: Agenda Report
License Agreement
Location Map

9. Approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek Recommendation
Attachments:

That the City Council approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek identified by Assessor Parcel Numbers 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 and 961-450-001.

Agenda Report
Right of Entry Agreement

10. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15 Congestion Relief Project, PW 19-02
Recommendation: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15 Congestion Relief Project, PW 19-02.

Attachments: Agenda Report
Location Map
CIP Budget Project Sheet

11. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14 Recommendation: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14; and

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City Council Agenda May 23, 2023

12. 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15303, Existing Facilities, and Section 15304, Minor Alterations to Land, of the CEQA Guidelines.

Attachments: Agenda Report
Project Description
Project Location
Receive and File Temporary Street Closures for 2023 Summerfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2023 Summerfest Events:

JUNETEENTH
4TH OF JULY PARADE
4TH OF JULY FIREWORKS SHOW

ESCAPE JOURNEY TRIBUTE BAND CONCERT

TEMECULA SUNSET MARKET

NATIONAL NIGHT OUT
Attachments: Agenda Report
Exhibit A
Exhibit B
Exhibit C

RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA

COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA

REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE

TEMECULA PUBLIC FINANCING AUTHORITY

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City Council Agenda May 23, 2023

TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Still images may be displayed on the projector. All other audio and visual use is prohibited. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CSD CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

13. Approve Action Minutes of MU 9, 2023
Recommendation: That the Board of Directors approve the action minutes of May 9, 2023.

Attachments: Action Minutes

14. Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2023-24 Recommendation:

That the Board of Directors adopt a resolution entitled:

RESOLUTION NO. CSD

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF

TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH

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City Council Agenda May 23, 2023

RESPECT TO THE PROPOSED RATES AND CHARGES FOR
FISCAL YEAR 2023-24 AND SETTING A TIME AND PLACE FOR A

PUBLIC HEARING IN CONNECTION THEREWITH
Attachments: Agenda Report
Resolution
Preliminary Engineer's Report

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, June 13, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

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City Council Agenda May 23, 2023

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO

MEETING

TEMECULA HOUSING AUTHORITY - NO MEETING

TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING

RECONVENE TEMECULA CITY COUNCIL

PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected].

Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

15. Approve Disposition and Development Agreement Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Habitat for Humani . Inland Valley, Inc., Located Adjacent to the Current Habitat for Humanity Project on Pujol Street (APNs 922-062-016 and 922-062-010)
Recommendation
That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT

AGREEMENT BETWEEN THE CITY AND HABITAT FOR
HUMANITY INLAND VALLEY, INC., AND FINDING THAT THE

APPROVAL OF THIS AGREEMENT AND THE PROJECT ARE

EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT

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City Council Agenda May 23, 2023
REVIEW PURSUANT TO SECTIONS 15326 AND 15332 OF THE

STATE CEQA GUIDELINES
Attachments: Agenda Report
Resolution
Disposition and Development Agreement
Notice of Affordability Restriction on Transfer of Property Summary 33433 Report - April 2023
Notice of Public Hearing

BUSINESS
Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

16. Introduce Ordinance Amending Chapter 10.44 of the Temecula Municipal Code Regarding Golf Carts on City Roadways
Recommendation: That the City Council introduce an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 10.44 OF TITLE 10 OF THE

TEMECULA MUNICIPAL CODE TO DESIGNATE CERTAIN

STREETS AND CROSSINGS FOR THE JOINT USE OF GOLF CARTS

AND VEHICLES AND ESTABLISH RULES AND REGULATIONS

FOR THE OPERATION OF GOLF CARTS ON SUCH STREETS, AND

FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Attachments: Agenda Report
Ordinance

17. Introduce Ordinance Amendiniz Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets
Recommendation: That the City Council introduce an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

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City Council Agenda May 23, 2023
TEMECULA AMENDING SECTION 10.28.010(D) OF THE

TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE

SPEED LIMITS ON CERTAIN STREETS
Attachments: Agenda Report
Ordinance
Speed Survey Update

18. Adopt Resolutions Reconstituting City of Temecula Commissions and Introduce Ordinance Repealing Temecula Municipal Code Chapters 2.44 and 2.48 Recommendation
That the City Council adopt resolutions and introduce an ordinance entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE COMMUNITY SERVICES

COMMISSION
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE PLANNING COMMISSION
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE RACE, EQUITY, DIVERSITY

AND INCLUSION COMMISSION
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE TRAFFIC SAFETY

COMMISSION
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REPEALING CHAPTER 2.44 AND CHAPTER 2.48 OF

THE TEMECULA MUNICIPAL CODE

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City Council Agenda May 23, 2023
Attachments: Agenda Report
Resolution - Community Services Commission
Resolution - Planninz Commission
Resolution - REDI Commission
Resolution - Traffic Safety Commission
Ordinance

19. Consider and Approve City Council Protocol Manual Policies (At the Request of Subcommittee Members Alexander and Kalfus)
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL

MANUAL AND ADOPTING FOUR CITY COUNCIL POLICIES

GOVERNING THE OPERATIONS OF THE CITY COUNCIL
Attachments: Agenda Report
Resolution
Exhibit A - General Law CityPolicy
Exhibit B - Council -Manager Government Policy
Exhibit C - Role of Council
Exhibit D - Selection of Mayor and Mayor Pro Tempore

DEPARTMENTAL REPORTS (RECEIVE AND FILE)

20. Community Development Department Monthly Report
Attachments: Agenda Report
Planning Activity Report

21. Fire Department Monthly Report
Attachments: Agenda Report
Fire Monthly Report

22. Police Department Monthly Report
Attachments: Agenda Report

23. Public Works Department Monthly Report
Attachments: Agenda Report
Project Status Report

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City Council Agenda May 23, 2023

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, June 13, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.

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Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: May 23, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 2

ACTION MINUTES

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
MAY 9, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.

CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Pastor Brenton Stanley of Atmosphere Church FLAG SALUTE: Student of Temecula Valley High School Cyber Team ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation of Proclamation for Bike Month
Presentation of Proclamation for Water Safety Month
Presentation for Temecula Valley High School Cyber Team - Inland Empire/California Mayors Cup Presentation by CR&R Incorporated Regarding the Delivery of Solid Waste and Recycling Services

BOARD / COMMISSION REPORTS
Community Services Commission, Planning Commission, and Public/Traffic Safety Commission

PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Mick Sobczak

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Pam Nelson (Item #8)

CITY COUNCIL REPORTS

CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.

2. Approve Action Minutes of April 25, 2023
Recommendation: That the City Council approve the action minutes of April 25, 2023.

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Approve City Treasurer's Report as of November 30, 2022 and December 31, 2022 Recommendation: That the City Council approve and file the City Treasurer's Report as of November 30, 2022 and December 31, 2022.

5. Approve Second Amendment to the Agreement with Inland Empire Property Services for Weed Abatement Services
Recommendation: That the City Council approve the second amendment to the agreement with Inland Empire Property Services to perform weed abatement services, and increase the agreement amount by $75,000, for a total agreement amount of $300,000.

6. Approve Form of Public Improvement Construction Agreements and Authorize the CitX Manager to Execute Said Agreements on Behalf of the CitX Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2 TEMECULA APPROVING THE FORM OF PUBLIC

IMPROVEMENT CONSTRUCTION AGREEMENTS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID

AGREEMENTS ON BEHALF OF THE CITY

7. Approve Recycled Water Agreement with Rancho California Water District for Recycled Water Service for the Ynez Road and Date Street Landscaped Medians Recommendation: That the City Council approve the recycled water agreement with Rancho California Water District for recycled water service for the Ynez Road and Date Street landscaped medians.

8. Approve Right of Entry Agreement with Brookfield SoCal Land Constructors, LLC to Conduct Physical and Biological Surveys on City -Owned Properties in Connection with the Altair Development
Recommendation: That the City Council approve the right of entry agreement with the Brookfield SoCal Land Constructors, LLC to conduct physical and biological surveys on city -owned properties in connection with the Altair Development, identified by Assessor Parcel Numbers 922-210-057, 922-210-060, 922-210-063, and 922-210-059.

9. Award Construction Contract to Aster Construction Services for the Center Outdoor Recreational Area, PW22-08
Recommendation: That the City Council:

Senior

1. Award a construction contract to Aster Construction Services, in the amount of $550,822, for the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08; and

2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $55,082; and

3. Approve an appropriation of $200,000 from Measure S to the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08; and

4. Make a finding that the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08 is exempt from Multiple Species Habitat Conservation Plan fees.

10. Adopt Resolution Finding that Emergency Repairs Authorized by Resolution 2023-17 Pursuant to Public Contract Code Sections 20168 and 22050 Have Been Completed and There is No Longer a Need for the Emergency Authorization
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, CALIFORNIA, DETERMINING THAT THE ACTIONS
AUTHORIZED BY RESOLUTION NO. 2023-17 DECLARING AN

EMERGENCY CONDITION AND DECLARING THAT THE

PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN

WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING
PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168
AND 22050, AND BY RESOLUTION NOS. 2023-17, 2023-20,
2023-26, 2023-29, AND 2023-34 HAVE BEEN COMPLETED AND

THERE IS NO LONGER A NEED FOR THE EMERGENCY

AUTHORIZATION

11. Set Public Hearing to Approve Solid Waste and Recy_ clingy Rates for Commercial Customers for Fiscal Year 2023-24
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA SETTING A TIME AND PLACE FOR A PUBLIC

HEARING IN CONNECTION WITH THE SOLID WASTE AND

RECYCLING RATES FOR COMMERCIAL CUSTOMERS FOR
FISCAL YEAR 2023-24
RECESS:

At 7:01 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Temecula Public Financing Authority Meeting. At 7:05 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

ITEMS FOR FUTURE CITY COUNCIL AGENDAS

CITY MANAGER REPORT

CITY ATTORNEY REPORT
The City Attorney stated there was no reportable actions from closed session. 4 ADJOURNMENT
At 7:07 PM, the City Council meeting was formally adjourned to Tuesday, May 23, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: May 23, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS

AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting.

FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures.

ATTACHMENTS: 1. Resolution

2. List of Demands

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ALLOWING CERTAIN CLAIMS AND

DEMANDS AS SET FORTH IN EXHIBIT A

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 4,376,035.56.

Section 2. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of May, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

CITY OF TEMECULA

LIST OF DEMANDS
04/25/2023 TOTAL CHECK RUN:
04/27/2023 TOTAL CHECK RUN:
05/03/2023 TOTAL CHECK RUN:
05/04/2023 TOTAL CHECK RUN:
04/27/2023 TOTAL PAYROLL RUN:
195,425.33
565,151.65
1,179,554.47
1,749,085.73
686,818.38
TOTAL LIST OF DEMANDS FOR 05/23/2023 COUNCIL MEETING: $ 4,376,035.56

DISBURSEMENTS BY FUND: CHECKS
001

GENERAL FUND
1,343,106.97
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
588,300.00
140

COMMUNITY DEV BLOCK GRANT
5,979.16
165

AFFORDABLE HOUSING
1,755.90
190

TEMECULA COMMUNITY SERVICES DISTRICT
111,140.88
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
26,557.83
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
50,750.23
197

TEMECULA LIBRARY FUND
23,408.17
210

CAPITAL IMPROVEMENT PROJECTS FUND
1,283,863.05
300

INSURANCE FUND
7,569.05
305

WORKERS' COMPENSATION
746.85
310

VEHICLES AND EQUIPMENT FUND
2,189.28
320

INFORMATION TECHNOLOGY
97,796.33
330

SUPPORT SERVICES
11,113.95
340

FACILITIES
89,255.73
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
165.90
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
198.80
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS

38.18 505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
395.45
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
259.10
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
198.80
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
5,339.34
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
103.36
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
225.80
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW

82.25 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
822.16
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
230.50
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE
130.50
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
6,026.46
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

38.18 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
613.31
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR

99.40 520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
21,633.30
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
8,000.00
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE

38.18 524
SERVICE LEVEL"C"ZONE 24 HARVESTON
755.76
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
131.10
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION

38.18 527
SERVICE LEVEL"C"ZONE 27 AVONDALE

81.61 529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT

38.18 $ 3,689,217.18

DISBURSEMENTS BY FUND: PAYROLL
001 GENERAL FUND
110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT
140 COMMUNITY DEV BLOCK GRANT
165 AFFORDABLE HOUSING
190 TEMECULA COMMUNITY SERVICES DISTRICT
194 TCSD SERVICE LEVEL D REFUSE RECYCLING
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
300 INSURANCE FUND
305 WORKERS' COMPENSATION
320 INFORMATION TECHNOLOGY
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
410,207.73
776.84
678.23
2,742.07
194,835.62
1,534.63
209.18
4,747.37
3,576.63
3,576.56
49,332.82
4,977.90
9,622.80
$ 686,818.38
$ 4,376,035.56

apChkLst
04/25/2023
3:53:14PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
504484
4/27/2023
013015

ALWAYS RELIABLE BACKFLOW,
BACKFLOW TEST: VARI LOCATIONS:
351.00
351.00

AKA NANETTE SEMAN
PW
504485
4/27/2023
007282

AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: CITY CLERK
233.76
233.76
INC
504486
4/27/2023
012951

APPLIED DEVELOPMENT
QUALITY OF LIFE MASTER PLAN:
4,480.00
4,480.00

ECONOMICS

PLANNING
504487
4/27/2023
013950

AQUA CHILL OF SAN DIEGO
AUG DRINKING WTR SYS MAINT:

69.60 SPORTS PK
APR DRINKING WTR SYS MAINT: SP

69.60 MAR DRINKING WTR SYS MAINT: SF

69.60 APR DRINKING WTR SYS MAINT: HA

28.28 MAR DRINKING WTR SYS MAINT: H7

28.28 265.36
504488
4/27/2023
018941

AZTEC LANDSCAPING INC
MAR RESTROOM MAINT: PARKS: PW
9,098.22
9,098.22
504489
4/27/2023
001323

BLUETRITON BRANDS INC,
WATER DLVRY SVCS: FOC
123.84
123.84

DBA READYREFRESH
504490
4/27/2023
022651

BRAND ASSASSINS
TEM GRANT PGRM: COMM
10,000.00
10,000.00

REINVESTMENT
504491
4/27/2023
022940

CITY DATA SERVICES LLC
JAN-MAR MONTHLY MAINT: HOUSING:
1,740.00
1,740.00
PLNG
504492
4/27/2023
000442

COMPUTER ALERT SYSTEMS
ALARM SVC CALL: CHILDREN'S
180.00
180.00
MUSEUM
504493
4/27/2023
010650

CRAFTSMEN PLUMBING &
PLUMBING SVCS: HINTERGARDT
742.00
742.00

HVAC INC
PARK: PARKS
504494
4/27/2023
012614

DBX INC
TRAFFIC SIGNAL INSTALLATION: CIP:
10,511.75
10,511.75
PW
504495
4/27/2023
003945

DIAMOND ENVIRONMENTAL
ADA RESTROOM: MORAGA RD
325.76
SRVCS
TEMPORARY FENCING: MCCABE C1

95.00 420.76
Page:1

apChkLst
04/25/2023
3:53:14PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank : eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504496
4/27/2023
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: PARK
2,006.49
MAINT: PW
FUEL FOR CITY VEHICLES: PARKS: 1
1,628.52
FUEL FOR CITY VEHICLES: STREET;
1,354.08
FUEL FOR CITY VEHICLES: TRAFFIC
451.38
FUEL FOR CITY VEHICLES: CIP: PW
430.09
FUEL FOR CITY VEHICLES: TRAFFIC
297.84
FUEL FOR CITY VEHICLES: CIP: PW
239.17
FUEL FOR CITY VEHICLES: LAND DE
121.89
FUEL FOR CITY VEHICLES: LAND DE

46.37 6,575.83
504497
4/27/2023
020904

ECONOMIC ALTERNATIVES INC
APR WTR SYST MAINT: CIVIC CTR
582.83
582.83
504498
4/27/2023
002577

ENGINEERING RESOURCES,
ENG SVCS: MURR CRK SPORTS PK:
12,815.00
12,815.00

OF SOUTHERN CALIF INC
PW22-12
504499
4/27/2023
014865

FREIZE UHLER KIMBERLY DBA,
EMPLOYEE BACKPACKS: HR
2,275.97
2,275.97

CLEAR BLUE PROMOTIONS
504500
4/27/2023
022865
EMPLOYEE #00571
REIMB: TEAM PACE
102.93
102.93
504501
4/27/2023
021308

GILLIS & PANICHAPAN
ARCHITECT SVCS: CRC FAC RENO PH
6,900.00

ARCHITECTS, INC
11 ARCHITECTURAL SVCS: CRC: PW19
3,970.00

EXTERIORADA I MPROV'T ARCH ITE(
430.00
11,300.00
504502
4/27/2023
004890

GOLDEN STATE FIRE
FIRE SPRINKLER INSPEC: STA84
900.00

PROTECTION
FIRE SUPPRESSION INSPECTION: T
528.00
1,428.00
504503
4/27/2023
020628

HASA INC
POOL SANITIZING CHEMICALS:VARI
1,041.14
1,041.14
POOLS: P
504504
4/27/2023
012883

JACOBS HOUSE INC
FY 22/23 COMMUNITY SVC FUNDING
20,000.00
20,000.00
504505
4/27/2023
000482

LEIGHTON CONSULTING INC
GEOTECH REVIEW: UHAUL PROJ:
3,831.00
3,831.00

PLANNING
504506
4/27/2023
010204

M T G L INC
INSPECT & TESTING SVCS: PAV'T
6,578.25
6,578.25
REHAB: CIP
Paget

apChkLst Final Check List Page: 3
04/25/2023 3:53:14PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504507 4/27/2023 022664 MARIPOSATREE

MANAGEMENT INC
504508 4/27/2023 018675 MDG ASSOCIATES INC
504509 4/27/2023 020907 MICHELLE MEDINA, DBA

MICHELLE Q MEDINA
(Continued)
Description
TREE SVCS: S-16 TRADEWINDS:

PARKS
TREE SVCS: ROW: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: S-13 EMERGENCY: PAF
TREE SVCS: EMERGENCY S-20: PAF
TREE SVCS: MEDIANS: PARKS
ANNUAL TREE TRIMMING: RIGHT OF
TREE SVCS: S-24 HARVESTON: PAR

EMERGENCY SLOPE TREE TRIMMIN
TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
ANNUAL TREE TRIMMING: RIGHT OF
TREE SVCS: S-18 TEMEKU: PARKS
TREE SVCS: S-06 WOODCREST: PAI
MAR CDBG PRGM ADMIN: PLANNING

MAR ADA LABOR COMPLIANCE SVC
MAR ADA LABOR COMPLIANCE: PW,

TCSD INSTRUCTOR EARNINGS
504510 4/27/2023 004043 MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CTR
INC
ELECTRICAL SUPPLIES: STA95: FIR
ELECTRICAL SUPPLIES: PARKS: PW
ELECTRICAL SUPPLIES: CIVIC CTR
504511 4/27/2023 022599 NIEVES LANDSCAPE INC
MAR LDSCP MAINT SVCS: FACS: PW
IRRIGATION REPAIRS: PARKS: PW
IRRIGATION REPAIRS: PARKS: PW
IRRIGATION REPAIRS: PARKS: PW
IRRIGATION REPAIRS: PARKS: PW
IRRIGATION REPAIRS: PARKS: PW
IRRIGATION REPAIRS: PARKS: PW
504512 4/27/2023 021998 OLD TOWN TIRE AND SERVICE
VEHICLE REPAIRS: PARKS: PW
INC
VEHICLE REPAIRS: PARKS: PW
VEHICLE REPAIR & MAINT: TEM PD
VEHICLE MAINT & REPAIRS: INFO TE
VEHICLE REPAIRS: PARKS: PW
VEHICLE MAINT: STREET MAINT: PV
VEHICLE REPAIRS: PARKS: PW
VEHICLE MAINT: STREET MAINT: PV
VEHICLE REPAIR & MAINT: PARKS: F
VEHICLE MAINT: STREET MAINT: PV
VEHICLE REPAIR & MAINT: CODE EP
Amount Paid Check Total
5,960.91
4,197.05
3,021.27
2,324.05
1,511.68
1,228.11
1,133.65
755.76
633.09
503.84
472.35
472.35
314.95
283.41
101.00
4,505.00
1,675.00
633.76
1,232.00
256.92

45.49 32.88

21.83 10,454.50
457.66
422.63
252.94
199.32
139.88
115.49
2,293.13
814.39
573.91
293.10
291.48
287.33
192.17
140.19

88.52 49.95

46.92 22, 913.47
6,813.76
1,232.00
iWAM
12,042.42
5,071.09
Page:3

apChkLst Final Check List Page: 4
04/25/2023 3:53:14PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
504513 4/27/2023 005075 PRUDENTIAL OVERALL SUPPLY
UNIFORM SVCS: PARK MAINT: PW

68.54 UNIFORM SVCS: PARK MAINT: PW

68.43 UNIFORM SVCS: STREET MAINT: PV

51.33 UNIFORM SVCS: STREET MAINT: PV

51.19 FLOOR MATS/TOWEL RENTALS: CR(

31.45 FLOOR MATS/TOWEL RENTALS: LIBI

19.88 UNIFORM SVCS: STREET MAINT: PV

19.52 UNIFORM SVCS: STREET MAINT: PV

17.43 FLOOR MATS/TOWEL RENTALS: TCC

14.32 FLOOR MATS/TOWEL RENTALS: TVI\

12.74 FLOOR MATS/TOWEL RENTALS: FO(

10.28 FLOOR MATS/TOWEL RENTALS: FO(

10.28 FLOOR MATS/TOWEL RENTALS: THE

9.89 UNIFORM SVCS: PARK MAINT: PW

4.62 UNIFORM SVCS: PARK MAINT: PW

4.62 394.52
504514 4/27/2023 002412 RICHARDS WATSON AND
MAR 2023 LEGAL SERVICES
5,979.00

GERSHON
MAR 2023 LEGAL SERVICES
5,724.10
MAR 2023 LEGAL SERVICES
3,894.00
MAR 2023 LEGAL SERVICES
3,682.16
MAR 2023 LEGAL SERVICES
1,844.95
MAR 2023 LEGAL SERVICES
1,091.00
MAR 2023 LEGAL SERVICES
297.00
MAR 2023 LEGAL SERVICES
118.00
FEB 2023 LEGAL SERVICES

88.50 MAR 2023 LEGAL SERVICES

29.50 MAR 2023 LEGAL SERVICES

29.50 22,777.71
504515 4/27/2023 021620 SIEMENS MOBILITY INC,
STREET LIGHT INSTALLATION:
4,837.56

YUNEX LLC

MARGARITA
STREET LIGHT REPLACEMENT: MAF
1,590.00
6,427.56
504516 4/27/2023 009746 SIGNS BY TOMORROW
SIGN POSTING SVCS: PA23-0036:
427.50
PLNG
SIGN POSTING SVCS: PA23-0059: PL
427.50
SIGN POSTING SVCS: PA22-1035: PL
427.50
SIGN POSTING SVCS: PA22-1101: PL
213.75
SIGN POSTING SVCS: PA22-0999: PL
213.75
SIGN POSTING SVCS: PA22-1034: PL
213.75
SIGN POSTING SVCS: PA22-1052: PL
213.75
SIGN POSTING SVCS: PA23-0048: PL
213.75
SIGN POSTING SVCS: PA23-0075: PL
213.75
SIGN POSTING SVCS: PA21-1127-28:
213.75
2,778.75
504517 4/27/2023 003840 STRONGS PAINTING
PAINTING SVCS: EXTERIOR PARKING
2,475.00
2,475.00
GARAGE
504518 4/27/2023 021361 TELECOM LAW FIRM PC
LEGAL SRVCS:PLANNING
487.20
487.20
Page:4

apChkLst Final Check List Page: 5
04/25/2023 3:53:14PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description
Amount Paid Check Total
504519 4/27/2023 003849 TERRYBERRY COMPANY EMPLOYEE SVC RECOGNITION: HR 236.82
EMPLOYEE SVC RECOGNITION: HR
130.07
EMPLOYEE SVC RECOGNITION: HR

95.02 EMPLOYEE SVC RECOGNITION: HR

75.18 537.09
504520 4/27/2023 000820 WINCHAK KRIS R, DBA K R W & ENG PLAN CHECK & REVIEW:PW-LAND 6,440.00 6,440.00

ASSOCIATES DEV
Grand total for EFT UNION BANK: 195,425.33
Page:5

apChkLst Final Check List Page: 6
04/25/2023 3:53:14PM CITY OF TEMECULA
37 checks in this report.

Grand Total All Checks: 195,425.33
Page.-6

apChkLst
04/27/2023
2:13:03PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
14925
4/21/2023
000262 RANCHO CALIF WATER
VARIOUS WATER MARCH BATCH 2
5,330.51
5,330.51

DISTRICT
14926
4/24/2023
002390 EASTERN MUNICIPAL WATER

VARIOUS MAR WATER SVCS
1,289.50
1,289.50
DIST
212120
4/21/2023
017163 TRI POINTE HOMES INC
REFUND: DEPOSIT: CYPRESS RIDGE
50,000.00
50,000.00
PGP
212121
4/27/2023
004229 ACTION APPLIANCE INC, DBA
APPLIANCES: FIRE STA 92
2,925.01
2,925.01

ACTION APPLIANCE
212122
4/27/2023
004229 ACTION APPLIANCE INC, DBA
APPLIANCES: FIRE STA84
1,618.54
1,618.54

ACTION APPLIANCE
212123
4/27/2023
013387 ADAME LANDSCAPE INC, DBA
APR SWEEPING SVCS: PARKING
540.00
540.00

SWEEPING UNLIMITED
GARAGE
212124
4/27/2023
003552 AFLAC PREMIUM HOLDING, C

AFLAC ACCIDENT INDEMNITY
3,204.49
3,204.49

O BNB BANK LOCKBOX

PAYMENT
212125
4/27/2023
023315 ALEXANDRIA MONETTE
TEM GRANT PRGM: COMM
10,000.00
10,000.00

CARDENAS, DBAALEXANDRIA

REINVESTMENT

MONETTE
212126
4/27/2023
021299 EMPLOYEE #00593
REIMB: EMERGENCY MGMT COURSE
1,442.60
1,442.60
212127
4/27/2023
003951 ALL AMERICAN ASPHALT
ASPHALT SUPPLIES: STREET MAINT:
279.78
PW
ASPHALT SUPPLIES: STREET MAINT
219.78
ASPHALT SUPPLIES:STREET MAINT
247.50
ASPHALT SUPPLIES:STREET MAINT
462.79
ASPHALT SUPPLIES:STREET MAINT
319.79
ASPHALT SUPPLIES: STREET MAINT
332.79
ASPHALT SUPPLIES: STREET MAINT
323.79
2,186.22
212128
4/27/2023
009787 ALTEC INDUSTRIES INC
EQUIPMENT REPAIRS: TRAFFIC: PW
1,631.00
EQUIPMENT REPAIRS: TRAFFIC: PVA
1,359.90
2,990.90
212129
4/27/2023
023332 ANGELA EWBANK FANN, DBAA
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00
& G FANN LLC
PRGM
212130
4/27/2023
023323 ARREOLA, YADIRA
REFUND: SOFTBALL: TCSD

66.00 66.00
212131
4/27/2023
011954 BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRTPL: TCSD

22.90 BOOK COLLECTIONS: RHRTPL: TCS

27.37 BOOK COLLECTIONS: RHRTPL: TCS
259.39
309.66
Page:1

apChkLst
04/27/2023
2:13:03PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank : union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212132
4/27/2023
023035

BIKE TEMECULA VALLEY CORP
FY22/23 COMMUNITY SERVICE
5,000.00
5,000.00

FUNDING
212133
4/27/2023
005716

BIRTH CHOICE CENTERS INC,
FY22/23 COMMUNITY SERVICE
5,000.00
5,000.00

DBA BIRTH CHOICE OF

FUNDING
212134
4/27/2023
008013
EMPLOYEE #00169
REIMB: ENERGOV CONF
353.54
353.54
212135
4/27/2023
010469

BOZONELOS, BOB
MUSIC PERF: CULTURE DAY: TCSD
300.00
300.00
212136
4/27/2023
005970

BUTTERFIELD STAGE
STTLMNT: GODSPELL 4/14-4/23
8,929.24
8,929.24

PLAYERS, DBA TEMECULA
VALLEY
212137
4/27/2023
003138

CAL MAT, DBA VULCAN
ASPHALT SUPPLIES: STREET MAINT:
394.04

MATERIALS CO
PW
ASPHALT SUPPLIES: STREET MAINT
592.86
986.90
212138
4/27/2023
021851

CALIF NEWSPAPERS
LEGAL PUBLICATIONS: PW22-08: CIP
3,235.31

PARTNERSHIP, DBA SO CALIF

NEWS GROUP
LEGAL PUBLICATIONS: PLANNING
1,561.93
4,797.24
212139
4/27/2023
018828

CASC ENGINEERING AND,
ENG SVCS: WQMP REVIEW: LAND
299.00
299.00

CONSULTING INC
DEV: PW
212140
4/27/2023
022930

CCS SAN DIEGO JANITORIAL
ADD'L JANITORIAL SVCS: CIVIC CTR
3,500.00
3,500.00

INC, DBACCS FACILITY

SERVICES
212141
4/27/2023
016446

CHRISTIAN STITCHERY INC,
T-SHIRTS: SKATE PARK: CRC
702.53
702.53

DBA SO CAL IMPRESSIONS
212142
4/27/2023
019814
CODE 5 GROUP LLC
slap on tracker replacement: tem sheriff
365.00
365.00
212143
4/27/2023
011922

CORELOGIC INC, DBA
MAR SOFTWARE SUBSCRIPTION:
350.50
350.50

CORELOGIC SOLUTIONS

CODE ENF
212144
4/27/2023
001264
COSTCO TEMECULA 491
MISC SUPPLIES: CERT PRGM: FIRE
510.91
DEPT
MISC SUPPLIES: CERT PRGM: FIRE
474.66
SUPPLIES: FIRE DEPT
791.34
1,776.91
212145
4/27/2023
004329
COSTCO TEMECULA491
SUPPLIES: MPSC/HUMAN SVCS: TCSD
306.83
306.83
212146
4/27/2023
002631

COUNTS UNLIMITED INC
TRAFFIC DATA COLLECTION:
200.00
200.00

JEDEDIAH SMITH
Paget

apChkLst
Final Check List
Page: 3
04/27/2023
2:13:03PM

CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212147
4/27/2023
001233

DANS FEED AND SEED INC
MISC SUPPLIES: STREET MAINT: PW

17.86 17.86
212148
4/27/2023
012600

DAVID EVANS AND
DSGN SVCS: MPSC REC AREA:
391.50

ASSOCIATES INC
PW22-08
DSGN SVCS: DEMO GARDEN MIKE r
687.50
ENG SVCS: SANTA GERTRUDIS CRI<
366.00
MAR DSGN SVCS: DIAZ RD PROJ: P1
55,523.05
56,968.05
212149
4/27/2023
023281

DOMINICAN MULATTO INC, DBA
TEM GRANT PRGM: COMM
10,000.00
10,000.00

DM SHAPEWEAR

REINVESTMENT
212150
4/27/2023
023317

ELITE TAX PARTNERS INC
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212151
4/27/2023
021126

EMMONS, ROBERT
MERCHANDISE ITEMS: TVM: TCSD
860.36
860.36
212152
4/27/2023
021967

EMPIRE AUTO LLC
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212153
4/27/2023
023316

EQUITY AUTOMOTIVE LLC
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212154
4/27/2023
021859

EXP US SERVICES INC
CONSULTANT SVCS: SANTA
3,688.18
3,688.18

GERTRUDIS CRK
212155
4/27/2023
015330

FAIR HOUSING COUNCIL, OF
MAR SUB -RECIPIENT: FAIR HOUSING
1,474.16
1,474.16

RIVERSIDE COUNTY INC
SVCS
212156
4/27/2023
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SERVICES: FINANCE

8.92 EXPRESS MAIL SERVICES: CIP: PW'

9.73 EXPRESS MAIL SVCS: STREETS: PV

6.82 EXPRESS MAIL SERVICES: FIRE DEI

17.95 EXPRESS MAIL SERVICES: TCSD

57.89 EXPRESS MAIL SVCS: THEATER: TC

8.17 109.48
212157
4/27/2023
002982

FRANCHISE TAX BOARD

SUPPORT PAYMENT

50.00 50.00
212158
4/27/2023
023293

FRANKLIN IVA L, DBA STEPPIN
TEM GRANT PRGM: COMM
10,000.00
10,000.00

STONE TAX

REINVESTMENT
212159
4/27/2023
018858

FRONTIER CALIFORNIA INC
APR INTERNET SVCS: CIVIC CTR
682.19
682.19
212160 4/27/2023 023280 GOLDEN II ENTERPRISES INC TEM GRANT PRGM: COMM 10,000.00 10,000.00

REINVESTMENT
Page:3

apChkLst
04/27/2023
2:13:03PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212161
4/27/2023
009608

GOLDEN VALLEY MUSIC
TIX: CLASSICS @ THE MERC 4/23
266.00
266.00

SOCIETY, DBA CA CHAMBER

ORCHESTRA
212162
4/27/2023
000186

HANKS HARDWARE INC
MISC MAINT SUPPLIES: PARKS: PW
2,915.67
2,915.67
212163
4/27/2023
003198

HOME DEPOT
HARDWARE SUPPLIES: CHILDREN'S

32.59 MUSEUM
HARDWARE SUPPLIES: STREET MA
250.89
HARDWARE SUPPLIES: VARI LOCAT
141.51
424.99
212164
4/27/2023
011049

HOSPICE OF THE VALLEYS SC
FY 22/23 COMMUNITY SVC FUNDING
5,000.00
5,000.00
212165
4/27/2023
022569

INLAND FLEET SOLUTIONS INC
VEHICLE REPAIRS: STREETS: PW
301.24
301.24
212166
4/27/2023
003296

INTL CODE COUNCIL
PUBLICATION BLDG PERMIT: BLDG &
624.83
624.83
SAFETY
212167
4/27/2023
019835

JDS CREATIVE ACADEMY
TRAINING VIDEO: EMERGENCY MGMT:
2,800.00
FIRE
FY 22/23 COMMUNITY SVC FUNDINC
8,300.00
11,100.00
212168
4/27/2023
023283

JDS LAW INC
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212169
4/27/2023
021896

JP HANDMADE CORP, DBA
BUSINESS CARDS: PREV: FIRE

81.82 MINUTEMAN PRESS
BUSINESS CARDS: PREV: FIRE

81.82 163.64
212170
4/27/2023
016257

KELLY SPICERS INC, DBA
WHITE COPY PAPER: CENTRAL SVCS
4,684.41
4,684.41

KELLY SPICERS STORES
212171
4/27/2023
001091

KEYSER MARSTON
ON CALL CONSULTANT SVCS:
1,746.25
1,746.25

ASSOCIATES INC

PLANNING
212172
4/27/2023
023322

KOMPOOCHA BREWING LLC
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212173
4/27/2023
017118

KRACH BREE B, DBA
TROPHIES/ART PLATES: TCSD

34.26 34.26

TEMECULA TROPHY & DES
212174
4/27/2023
023331

LIVE WELL FAMILY
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00

COUNSELING, SERVICES INC
PRGM
212175
4/27/2023
006897

LORY, SUSAN
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212176
4/27/2023
020644

LUCKY STONE IRISH PUB
REFUND: SEC DEP: CONF CTR
200.00
200.00
Page:4

apChkLst
04/27/2023
2:13:03PM
Final Check List

CITY OF TEMECULA
Page: 5
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212177
4/27/2023
013982

M C I COMM SERVICE
APR &DK90589 XXX-3046 GEN USAGE

34.53 APR 7DK89878 XXX-0714 USAGE MP

36.28 70.81
212178
4/27/2023
003782

MAIN STREET SIGNS, DBA
STREET SIGN: FIRE DEPT

77.26 77.26

ATHACO INC
212179
4/27/2023
018925

MEMORABLE BITES LLC, DBA
RFRSHMNTS: CERT CLASS TRAINING:
1,533.76
1,533.76

FIREHOUSE SUBS
FIRE
212180
4/27/2023
005690

MICHELLES PLACE CANCER,
FY22/23 COMMUNITY SERVICE
5,000.00
5,000.00

RESOURCE CENTER

FUNDING
212181
4/27/2023
017860

MURRIETA PARTNERSHIP DBA,

RIV CNTY INNOVATION MONTH
1,000.00
1,000.00

IMPACT SW RIVERSIDE CNTY

SPONSORSHIP
212182
4/27/2023
023321

NAJI, AHMED M
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212183
4/27/2023
023320

NEW PALACE REALTY, AND
TEM GRANT PRGM: COMM
10,000.00
10,000.00

INVESTMENTS INC

REINVESTMENT
212184
4/27/2023
013319

NEW TANGRAM LLC, DBA
CUBICLE/FURNITURE: OLD TOWN PD
69,525.90
69,525.90

TANGRAM
212185
4/27/2023
023314

OH, SEOUNGJAE
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212186
4/27/2023
000249

PETTY CASH

PETTY CASH REIMBURSEMENT
1,500.00
1,500.00
212187
4/27/2023
023318

POLTL, PORSCHE
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212188
4/27/2023
005820

PRE PAID LEGAL SERVICES

PREPAID LEGAL SERVICES PAYMENT
234.90
234.90

INC, DBA LEGALSHIELD
212189
4/27/2023
020127

QUINN COMPANY
GENERATOR PM SVC: TVE2
982.88
GENERATOR ANNUAL MAINT: FIRE,'
666.15
GENERATOR PM SVC: CRC
1,101.67
GENERATOR ANNUAL MAINT: FIRE,'
886.79
GENERATOR ANNUAL MAINT: FIRE,'
643.05
4,280.54
212190
4/27/2023
001364

RCP BLOCK & BRICK INC
MISC MASONRY SUPPLIES: PARKS:

32.34 32.34
PW
212191
4/27/2023
018831

RADEECAL INC
NEW VEHICLE DECALS: CODE
660.25
660.25

ENFORCEMENT
Page:5

apChkLst
04/27/2023
2:13:03PM
Final Check List

CITY OF TEMECULA
Page: 6
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212192
4/27/2023
023312

REGINA C LAMORA, DBA
TEM GRANT PRGM: COMM
10,000.00
10,000.00

GRAZING THEORY

REINVESTMENT
212193
4/27/2023
001365

RIVERSIDE COUNTY OF,
RENEW PERMIT: CIVIC CENTER
933.00
933.00

ENVIRONMENTAL HEALTH
DEPT
212194
4/27/2023
000418

RIVERSIDE CO CLERK AND,
CEQA FILING: CIP: PW22-14

51.14 51.14

RECORDER
212195
4/27/2023
000411

RIVERSIDE CO FLOOD
ADD'L DEP REQ: HARVESTON/DATE ST
1,000.00
1,000.00

CONTROLAND, WATER

CONSERVATION DIST
212196
4/27/2023
022715

RIVERSIDE CO PUBLIC
MAR EMERG RADIO RENTALS: EOC

77.67 77.67

SAFETY, ENTERPRISE

COMMUNICATION
212197
4/27/2023
004822

RIVERSIDE TRANSITAGENCY
MAR TROLLEY SVCS: CITY MGR
2,198.60
2,198.60
212198
4/27/2023
021916

S THAI FOOD CORPORATION,
TEM GRANT PRGM: COMM
10,000.00
10,000.00

DBA S THAI FOOD

REINVESTMENT
212199
4/27/2023
023319

SAND TO SEA PROPERTIES
TEM GRANT PRGM: COMM
10,000.00
10,000.00
INC

REINVESTMENT
212200
4/27/2023
017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: TVE2: ECON
300.00

PRESTON
DEV
PHOTOGRAPHY SVCS: FIRE CAPTAI
125.00
PHOTOGRAPHY SVCS: EARTH DAY
225.00
PHOTOGRAPHY SVCS: VITICULTURI
225.00
875.00
212201
4/27/2023
021309

SB&O INC
ENG SURVEY SVCS: SIDEWALK:
2,009.00
PW22-16
DESIGN, ENVIRO & SURVEY SVS: RI
991.88
3,000.88
212202
4/27/2023
022929

SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
795.98

LINCOLN AQUATICS
MISC POOL SUPPLIES: AQUATICS: F
-150.00
MISC POOL SUPPLIES: AQUATICS: F
227.85
873.83
212203
4/27/2023
023272

SHARON DENYSE WILSON,
FY 22/23 COMMUNITY SVC FUNDING
5,000.00
5,000.00

ROCK YOUR RED
212204
4/27/2023
013695

SHRED IT US JV LLC, DBA
DOCUMENT SHRED SVCS: CITY CLERK
207.48
207.48

SHRED IT USA LLC
212205
4/27/2023
023330

SIMPLE MEDICAL INC
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00
PRGM
Page.-6

apChkLst Final Check List Page: 7
04/27/2023 2:13:03PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
212206 4/27/2023 023333 EMPLOYEE #07309
(Continued)
Description Amount Paid
REIMB: PLAN COMMISSION ACADEMY 734.77
Check Total
734.77
212207 4/27/2023
002503 SOUTH COAST AIR QUALITY,
FLAT EMISSIONS FEE: MPSC
151.85

MANAGEMENT DISTRICT
I C E ELEC GEN DIESEL: MPSC
468.76
620.61
212208 4/27/2023
000519 SOUTH COUNTY PEST
PEST CONTROL SVCS: LIBRARY

90.00 CONTROL INC
PEST CONTROL SVCS: WEDDING CI

32.00 PEST CONTROL SVCS: TCC/PANTRI
123.00
PEST CONTROL SVCS: MRC

70.00 PEST CONTROL SVCS: SENIOR CEN

29.00 PEST CONTROL SVCS: BIRDSALL PI

70.00 PEST CONTROL SVCS: RRSP
480.00
PEST CONTROL SVCS: WOLF CREE

49.00 PEST CONTROL SVCS: MUSEUM

42.00 PEST CONTROL SVCS: VINTAGE HIL

94.00 1,079.00
212209 4/27/2023
013351 SPECIAL OLYMPICS,
FY 22/23 COMMUNITY SVC FUNDING
5,000.00
5,000.00

SOUTHERN CALIFORNIA
212210 4/27/2023
000293 STADIUM PIZZA INC
RFRSHMNTS: WORKFORCE PRGM:
109.14
TCSD
RFRSHMNTS: WORKFORCE PRGM:

74.27 RFRSHMNTS: WORKFORCE PRGM:
110.94
RFRSHMNTS: WORKFORCE PRGM:

72.59 RFRSHMNTS: WORKFORCE PRGM:

60.37 RFRSHMNTS: WORKFOCE PRGM: T,

76.11 RFRSHMNTS: WORKFORCE PRGM:

97.23 RFRSHMNTS: WORKFORCE PRGM:

88.53 RFRSHMNTS: WORKFORCE PRGM:

40.69 RFRSHMNTS: WORKFORCE PRGM:

63.10 792.97
212211 4/27/2023
008337 STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: MALL
205.53

STOREFRONT
MISC OFC SUPPLIES: FINANCE
-117.18
MISC OFC SUPPLIES: FINANCE

32.56 MISC OFC SUPPLIES: TCSD

9.08 MISC OFC SUPPLIES: TVM: TCSD
430.50
560.49
212212 4/27/2023
015648 STEIN ANDREW, DBA PARKINK
DAY CAMP BACKPACKS: CRC: TCSD
779.21
779.21
212213 4/27/2023
023310 STEPANYAN, DIANA
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212214 4/27/2023 023290 STU MCINTOSH REFUND: LD22-4185: PW 5,682.00 5,682.00

CONSTRUCTION INC
212215 4/27/2023 018688 SUPERIOR READY MX LP CONCRETE MATERIALS: STREET 1,148.44 1,148.44 MAINT: PW
Page:7

apChkLst
04/27/2023
2:13:03PM
Final Check List

CITY OF TEMECULA
Page: 8
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212216
4/27/2023
003941

TEMECULA WINNELSON
PLUMBING SUPPLIES: TVE2: PW

74.45 74.45

COMPANY
212217
4/27/2023
023311

TUMBAGA, GLORIA
TEM GRANT PRGM: COMM
10,000.00
10,000.00

REINVESTMENT
212218
4/27/2023
000161

TYLER TECHNOLOGIES INC
MUNIS MIGRATION SVCS: FINANCE
1,400.00
MUNIS MIGRATION SVCS: FINANCE
2,100.00
3,500.00
212219
4/27/2023
023055

VAN OTTERLOO INC
EQUIP REPAIR: STREET MAINT: PW
1,585.25
1,585.25
212220
4/27/2023
014486

VERIZON WIRELESS
3/11-4/10 TASK FORCE TABLES:
437.28
437.28
POLICE
212221
4/27/2023
023313

VET CORPS CONTRACTING
TEM GRANT PRGM: COMM
10,000.00
10,000.00
INC

REINVESTMENT
212222
4/27/2023
007987

WALMART
MISC SUPPLIES: HOMELESS
617.38

OUTREACH
OFC SUPPLIES: CLASSES: TCSD
179.06
796.44
212223
4/27/2023
001342

WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: VARIOUS FAC:
1,293.47
PW
CLEANING SUPPLIES: CIVIC CTR
303.01
CLEANING SUPPLIES: VARIOUS FAC
14,076.02
CLEANING SUPPLIES: CIVIC CTR
-111.71
CLEANING SUPPLIES: CIVIC CTR
111.71
CLEANING SUPPLIES: VARIOUS FAC
2,472.19
18,144.69
Grand total
for UNION BANK:
565,151.65
Page:8

apChkLst Final Check List Page: 9
04/27/2023 2:13:03PM CITY OF TEMECULA
106 checks in this report.

Grand Total All Checks: 565,151.65
Page:9

apChkLst Final Check List Page: 1
05/03/2023 12:03:32PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504521 5/4/2023 016450 AIR EXCHANGE INC
Description
PLYMOVENT MAINT: FIRE STA 95
504522 5/4/2023
009374 ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER

DBA, ALLEGRO PIANO

SERVICE
504523 5/4/2023
013015 ALWAYS RELIABLE BACKFLOW,
BACKFLOW TESTING: CHILDRENS

AKA NANETTE SEMAN
MUSEUM
504524 5/4/2023
007282 AMAZON CAPITAL SERVICES
MISC SUPPLIES: ACE PRGM: TCSD
INC
MISC OFC SUPPLIES: ECON DEV
MISC OFC SUPPLIES: FINANCE
504525 5/4/2023
004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN

SHERIFF
504526 5/4/2023
000936 AMERICAN RED CROSS,
STAFF CERTIFICATIONS: AQUATICS:

HEALTH AND SAFETY SVCS
TCSD
504527 5/4/2023
023030 ARJONA, GLORIA
STTLMNT: BRAZILLIAN & LATIN JAZZ
4/21
504528 5/4/2023
001323 BLUETRITON BRANDS INC,
WATER DELIVERY SVCS: TES POOL

DBA READYREFRESH
WATER DLVRY SVCS: TES POOL
504529 5/4/2023
022651 BRAND ASSASSINS
MILITARY POLE BANNERS: ECO DEV
504530 5/4/2023 021588 BRAUN PETER, DBA

TEMECULA PLANTSCAPE
504531 5/4/2023 022670 BROWN JAMAL DEON, DBA

JDB TRAINING
504532 5/4/2023 022948 BRYANT. ROBERT
APR PLANTSCAPE SVC: CIVIC CTR
APR PLANTSCAPE SVC: LIBRARY

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS
Amount Paid
675.03
315.00

27.00 -15.00

89.16 140.45

62.01 410.00
901.40

20.43 40.43
2,266.66
500.00
200.00
805.00
840.00
280.00
630.00
268.80
165.76
331.52
392.00
784.00
1,139.60
1,046.36
637.00
259.00
392.00
Check Total
675.03
315.00

27.00 214.61

62.01 410.00
901.40

60.86 2.266.66
700.00
2,555.00
5,416.04
Page:1

apChkLst Final Check List Page: 2
05/03/2023 12:03:32PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504533
5/4/2023
021502

BUCHER, BRET PHILLIP

TCSD INSTRUCTOR EARNINGS
840.00

TCSD INSTRUCTOR EARNINGS
1,344.00

TCSD INSTRUCTOR EARNINGS
448.00

TCSD INSTRUCTOR EARNINGS
770.00

TCSD INSTRUCTOR EARNINGS
606.38
4,008.38
504534
5/4/2023
004248

CALIF DEPT OF JUSTICE
MAR BLOOD & ALCOHOL ANALYSIS: PD
910.00

ACCTING
MAR FINGERPRINTING SVCS: HR
245.00
MAR FINGERPRINTING SVCS: VOLU
128.00
MAR FINGERPRINTING SVCS: POLIC
3,303.00
4,586.00
504535
5/4/2023
004462

CDW LLC, DBA CDW
MISC SMALL TOOLS & EQUIP: INFO

5.20 GOVERNMENT LLC
TECH
SFP EQUIP: OLD TOWN CAM & SOU
1,408.75
FUJITSU DESKTOP SCANNERS: INFO
1,638.30
TV REPLACEMENT FOR QLESS: COM
518.47
MISC SMALL TOOLS & EQUIP: INFO T
267.15
3,837.87
504536
5/4/2023
021291

COOKE AARON, DBA PROPER
SIGNAGE: AQUATICS: TCSD
111.00
111.00

MANAGEMENT
504537
5/4/2023
017542

COX, KRISTI LYN

TCSD INSTRUCTOR EARNINGS
336.00

TCSD INSTRUCTOR EARNINGS
308.00

TCSD INSTRUCTOR EARNINGS
168.00

TCSD INSTRUCTOR EARNINGS

70.00 TCSD INSTRUCTOR EARNINGS
140.00
1,022.00
504538
5/4/2023
010650

CRAFTSMEN PLUMBING &
PLUMBING SVCS: PARKS: PW
180.00
180.00

HVAC INC
504539
5/4/2023
022483

DE LA SECURA INC, DBA DLS
DSGN-BUILD SVCS: MRC PW 17-21
274,882.13
274,882.13

BUILDERS
504540
5/4/2023
003945

DIAMOND ENVIRONMENTAL
PORTABLE RESTROOMS: AULD RD
133.21
133.21
SRVCS
504541
5/4/2023
018247

DOKKEN ENGINEERING
DSGN SVCS: SOUTHSIDE PARKING
1,800.00
1,800.00
LOT
Paget

apChkLst Final Check List Page: 3
05/03/2023 12:03:32PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504542
5/4/2023
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: POLICE
133.42
DEPT
FUEL FOR CITY VEHICLES: CITY MA

48.65 FUEL FOR CITY VEHICLES: EOC

98.08 FUEL FOR CITY VEHICLES: STREET;
2,076.05
FUEL FOR CITY VEHICLES: CODE El
155.65
FUEL FOR CITY VEHICLES: BLDG IN
324.08
FUEL FOR CITY VEHICLES: FIRE DEI
340.04
FUEL FOR CITY VEHICLES: TRAFFIC
1,141.63
FUEL FOR CITY VEHICLES: BLDG &
180.82
FUEL FOR CITY VEHICLES: CODE El

83.65 FUEL FOR CITY VEHICLES: TCSD
270.96
FUEL FOR CITY VEHICLES: POLICE 1
237.94
5,090.97
504543
5/4/2023
012217
DUDEK
MAR CONSULT SVCS: CITYWIDE
8,112.50
8,112.50
DRAINAGE: CIP
504544
5/4/2023
010804

FEHRAND PEERS
OLD TOWN TECH BASED PARKING:
1,899.75
1,899.75
LR22-0857
504545
5/4/2023
022726

FORENSIC NURSES OF SOCAL
SART EXAMS: TEM SHERIFF
1,200.00
INC
SART EXAMS: TEM SHERIFF
800.00
2,000.00
504546
5/4/2023
017135
EMPLOYEE #00472
REIMB: STAFF TRAINING: PARKS
504.00
504.00
504547
5/4/2023
021365

GEORGE HILLS COMPANY INC
SUBROGATION RECOVERY FEE: RISK
2,273.47
2,273.47
MGMT
504548
5/4/2023
004890

GOLDEN STATE FIRE
ADD'L FIRE INSPECTIONS: WEST WING
700.00

PROTECTION
ADD'L FIRE INSPECTIONS: THEATEF
700.00
ADD'L FIRE INSPECTIONS: IWTCM: F
700.00
2,100.00
504549
5/4/2023
020628

HASA INC
POOL SANITIZING CHEMICALS: VARI
860.94
860.94
POOLS
504550
5/4/2023
000520

HDL COREN AND CONE
APR-JUNE PROP TAX CONSULTING:
6,557.69
6,557.69

FINANCE
504551
5/4/2023
010766

INLAND VALLEY SYMPHONY
FY22/23 COMMUNITY SERVICE
5,000.00
5,000.00

INC, DBA TEMECULA VALLEY

FUNDING
504552
5/4/2023
006914

INNOVATIVE DOCUMENT

MAR COPIER
669.28

SOLUTIONS
MAI NT/REPAI R/USAGE: CITYWI DE

MAR COPIER MAINT/REPAIR/USAGE
5,088.70
5,757.98
504553
5/4/2023
019085

INTERPRETERS UNLIMITED
PHONE INTERPRETER SVCS: TEM

16.50 16.50
INC

SHERIFF
Page:3

apChkLst Final Check List Page: 4
05/03/2023 12:03:32PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504554
5/4/2023
023069

INTL LINE BUILDERS INC, DBA
TRAFFIC SIGNAL INSTALL:
103,494.15
103,494.15

ILB ELECTRICAL

PROMENADE MALL R
504555
5/4/2023
013286

INTRADO LIFE & SAFETY INC
MAR ENTERPRISES 911 SVC: INFO
375.00
375.00
TECH
504556
5/4/2023
022671

JFL ELECTRIC INC
CONSTRUCTION CONTRACT SVCS:
42,040.35
42,040.35
PW-CIP
504557
5/4/2023
016110

LDCO INC
CNSTRCTN CONTRACT SVCS: MPSC
225,821.83
225,821.83
RENO
504558
5/4/2023
004141

MAINTEX INC
CLEANING SUPPLIES: VARI FACILITIES
5,349.64
5,349.64
504559
5/4/2023
022664

MARIPOSA TREE
ANNUAL TREE TRIMMING: MEDIANS:
4,354.47

MANAGEMENT INC
PARKS
TREE SVCS: S-08 SYCAMORE PROJ
982.72
TREE SVCS: S-20 CROWN HILLS: PA
20,942.60
TREE SVCS: ROW: PARKS
24,073.80
50,353.59
504560
5/4/2023
013443

MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY

43.49 BOOKS ON TAPE: LIBRARY
257.90
301.39
504561
5/4/2023
021343

MILLER ARCHITECTURAL
ARCHITECTURAL SVCS:HARVESTON
5,360.00
CORP

RENOVATION
ARCHITECTURAL SVCS: HARVESTC
2,940.00
8,300.00
504562
5/4/2023
012264

MIRANDA, JULIO C

TCSD INSTRUCTOR EARNINGS
672.00

TCSD INSTRUCTOR EARNINGS
369.60

TCSD INSTRUCTOR EARNINGS
201.60
1,243.20
504563
5/4/2023
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CENTER
423.92
INC
MISC ELECTRICAL SUPPLIES: CHAP

30.93 ELECTRICAL SUPPLIES: THEATER

74.49 ELECTRICAL SUPPLIES: CHILDREN;

18.82 ELECTRICAL SUPPLIES: CIVIC CTR
2,055.38
ELECTRICAL SUPPLIES: FOC
366.64
2,970.18
504564
5/4/2023
004586

MOORE FENCE COMPANY INC
FENCE REPAIR: BUTTERFIELD/PAUBA
3,947.15
3,947.15
504565
5/4/2023
020946

MUSSON THEATRICAL INC
MISC SUPPLIES: THEATER: TCSD
230.40
230.40
504566
5/4/2023
020555

NEXTECH SYSTEMS INC
TRAFFIC SIGNAL EQUIPMENT: PW
29,360.78
29,360.78
Page:4

apChkLst Final Check List Page: 5
05/03/2023 12:03:32PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description
Amount Paid Check Total
504567 5/4/2023 022599 NIEVES LANDSCAPE INC TURF REPLACEMENT: FIRE STA 84 25,785.00
TURF REPLACEMENT: FIRE STA92
31,815.00
MAR LDSCP MAINT SVCS: PW MEDI,
20,836.90
MAR LDSCP MAINT SVCS: CRC/PAR
78,180.30
TURF REPLACEMENT: VOORBURG 1
49,931.00
MAR LDSCP MAINT SVCS: PARKS: P
58,420.50 264,968.70
504568 5/4/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: MEDIC: FIRE DEPT 2,799.77 2,799.77
INC
504569 5/4/2023
005075 PRUDENTIAL OVERALL SUPPLY
FLOOR MATS/TOWEL RENTALS: CRC

31.45 FLOOR MATS/TOWEL RENTALS: THE

9.89 FLOOR MATS/TOWEL RENTALS: TCC

14.32 FLOOR MATS/TOWEL RENTALS: THE

9.89 FLOOR MATS/TOWEL RENTALS: TVI\

12.74 FLOOR MATS/TOWEL RENTALS: MP!

24.52 UNIFORM SVCS: STREET MAINT: PV

52.44 FLOOR MATS/TOWEL RENTALS: FO(

10.28 FLOOR MATS/TOWELS RENTALS: lU\

22.73 FLOOR MATS/TOWEL RENTALS: CR(

31.45 FLOOR MATS/TOWEL RENTALS: LIBI

19.88 FLOOR MATS/TOWEL RENTALS: LIBI

19.88 FLOOR MATS/TOWEL RENTALS: TCC

14.32 UNIFORM SVCS: STREET MAINT: PV

89.82 363.61
504570 5/4/2023
022537 REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: FOC

31.32 DISTRIBUTOR
MISC HVAC SUPPLIES: FOC

55.60 MISC HVAC SUPPLIES: FOC

74.56 MISC HVAC SUPPLIES: OLD TOWN N
1,045.06
MISC HVAC SUPPLIES: FOC
182.23
MISC HVAC SUPPLIES: CIVIC CTR

83.22 1,471.99
504571 5/4/2023
004274 SAFE AND SECURE
LOCKSMITH SVCS: OLD TOWN MAINT:

59.27 LOCKSMITH SRVC
PW
LOCKSMITH SVCS: FOC

22.84 LOCKSMITH SVCS: CIVIC CTR
149.73
231.84
504572 5/4/2023
020922 EMPLOYEE #00529
REIMB: RFRSHMNTS: PTSC

72.07 72.07

COMMISSION
504573 5/4/2023
009213 SHERRY BERRY MUSIC
JAZZ @ THE MERC 4/20/23
665.00
JAZZ @ THE MERC 04/13/23
545.00
1,210.00
504574 5/4/2023
022659 SIDI SEBASTIAN, DBA SEBAZ
VIDEO SVCS: SOTC: CITY MGR
3,000.00
3,000.00

VIDEO PRODUCTIO
504575 5/4/2023 009746 SIGNS BY TOMORROW SIGN POSTING SVCS: DOOR VINYL 809.54 809.54 UPDATES: P
Page:5

apChkLst
05/03/2023
12:03:32PM
Final Check List

CITY OF TEMECULA
Page: 6
Bank: eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504576
5/4/2023
013482

SILVERMAN ENTERPRISES
04/17- 05/07 SECURITY: ROTATING
3,753.75
3,753.75

INC, DBA BAS SECURITY
PARKS
504577
5/4/2023
014783

SOFTRESOURCES LLC
CONSULTING SVCS: MUNIS: FINANCE
1,017.50
1,017.50
504578
5/4/2023
003840

STRONGS PAINTING
PAINTING SVCS: WEDDING CHAPEL
7,800.00

PREP & PAINT VAIL RANCH MONUMI
8,000.00
15,800.00
504579
5/4/2023
000944

SWARCO MCCAIN INC
TRAFFIC SIGNAL PARTS: TRAFFIC: PW
1,739.17
TRAFFIC POLE PARTS: STREET MAI
315.38
2,054.55
504580
5/4/2023
017415

TK ELEVATOR CORPORATION
ELEVATOR SVCS: FOC
274.99
ELEVATOR SVCS: TVE2
308.33
ELEVATOR SVCS: WEST WING
263.33
846.65
504581
5/4/2023
022566

TRAFFIC LOGIX CORPORATION
CLOUD SUBSCRIPTION: 3 YEAR
2,100.00
2,100.00
RENEW:TRAFFI
504582
5/4/2023
019774
EMPLOYEE #06649
REIMB: PLAN COMMISSION ACADEMY
177.09
177.09
504583
5/4/2023
019793

URBANE CAFE, TGH
RFRSHMNTS: WORKFORCE PRGMS:

69.06 69.06

ENTERPRISES LLC
TCSD
504584
5/4/2023
018147

WADDLETON, JEFFREY L
DJ/MC SVCS: EARTH DAY: TCSD
525.00
525.00
504585
5/4/2023
020275

WALLACE & ASSOC
MAR CONST MGMT SVCS: CRC:
21,695.00
21,695.00

CONSULTING LLC, ANSER
PW19-07

ADVISORY MNGMT LLC
504586
5/4/2023
008402

WESTERN RIVERSIDE CO REG,
SEP'2 MSHCP PAYMENT
38,200.19
38,200.19

CONSERVATION AUTHORITY
504587
5/4/2023
000341

WILLDAN ASSOCIATES INC
TRAFFIC ENGINEERING SVCS:
262.50
262.50
TRAFFIC: PW
Grand total for EFT UNION BANK: 1,179,554.47
Page:6

apChkLst Final Check List Page: 7
05/03/2023 12:03:32PM CITY OF TEMECULA
67 checks in this report.

Grand Total All Checks: 1,179,554.47
Page:7

apChkLst
05/04/2023
3:23:12PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
14936
4/25/2023
001212

SO CALIF GAS COMPANY

VARIOUS MAR SO CAL GAS SVCS
22,377.33
22,377.33
14937
4/28/2023
010276

TIME WARNER CABLE

VARIOUS MAR/APR INTERNET SVCS
12,624.84
12,624.84
14938
4/28/2023
000262

RANCHO CALIF WATER
VARIOUS WATER MARCH BATCH 3
11,607.18
11,607.18

DISTRICT
14939
4/25/2023
018858

FRONTIER CALIFORNIA INC

VARIOUS MAR/APR INTERNET SVCS
19,711.20
19,711.20
14940
4/30/2023
000537

SO CALIF EDISON

VARIOUS MAR SOCAL EDISON SVCS
153,955.87
153,955.87
14941
5/2/2023
022942

MOOD MEDIA NORTH
APR DISH NETWORK: 41952 6TH ST

65.18 65.18

AMERICA, HOLDINGS LLC
14943
4/20/2023
023288

RIVERSIDE SHERIFFS,
FY22/23 COMMUNITY SERVICE
250,000.00
250,000.00

CHARITIES INC THE

FUNDING
212224
5/4/2023
003951

ALL AMERICAN ASPHALT
ASPHALT SUPPLIES: STREET MAINT:
380.79
380.79
PW
212225
5/4/2023
010905

ALLIED TRAFFIC &
CERAMIC MARKERS: STREET MAINT:
1,590.47
1,590.47

EQUIPMENT, RENTALS INC
PW
212226
5/4/2023
000101

APPLE ONE INC
APR TEMP HELP: FINANCE
12,232.24
12,232.24
212227
5/4/2023
022888

ARAMARK SERVICES INC, DBA
RFRSHMNT SVCS: FOC: PW
122.10

ARAMARK REFRESHMENT
REFRESHMENT SVCS: FOC: PW
110.00
RFRSHMNT SVCS: FOC: PW
262.39
RFRSHMNT SVCS: FOC: PW

73.07 RFRSHMNT SVCS: FOC: PW
113.74
RFRSHMNT SVCS: FOC: PW

59.34 RFRSHMNT SVCS: FOC: PW
151.43
RFRSHMNT SVCS: FOC: PW
120.00
1,012.07
212228
5/4/2023
006254

BALLET FOLKLORICO, AKA

TCSD INSTRUCTOR EARNINGS
336.00

LORENA HANCOCK

TCSD INSTRUCTOR EARNINGS
246.40

TCSD INSTRUCTOR EARNINGS
358.40
940.80
212229
5/4/2023
023337

BUSCH, DANIELLE
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00
PRGM
212230
5/4/2023
023077

BW INDUSTRIES INC
PROJ MGMT SVCS: DOCUSIGN
3,981.25
3,981.25
Page:1

apChkLst Final Check List Page: 2
05/04/2023 3:23:12PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212231
5/4/2023
004971

CANON FINANCIAL SERVICES
APR COPIERS LEASE: LIBRARY
671.56
671.56
INC
212232
5/4/2023
018828

CASC ENGINEERING AND,
MAR ENG SVCS: CATCH BASIN
1,741.00
1,741.00

CONSULTING INC

ANALYSIS
212233
5/4/2023
022930

CCS SAN DIEGO JANITORIAL
MAR JANITORIAL SVCS: CITY FACS
25,297.34

INC, DBACCS FACILITY

SERVICES
MAY JANITORIAL SERVICES: OTSF F
616.04
APR JANITORIAL SVCS: CITY FACS
21,235.02
CREDIT: JANITORIAL SVCS: CITY F/
-17,070.84
30,077.56
212234
5/4/2023
004381

CENTER FOR HEALTHCARE,
CPR CERTIFICATION: FIRE

87.45 87.45

EDUCATION INC
212235
5/4/2023
009640

CERTIFION CORP DBA
APR ONLINE DATABASE SUBSCR:
200.00
200.00

ENTERSECT
POLICE
212236
5/4/2023
010307

CHICK FILA INC
REFUNDABLE DEP: LD21-3276: PW
19,000.00
19,000.00
212237 5/4/2023
005417 CINTAS PROTECTION NO 2,
FIRST AID KIT MAINT: RISK MGMT
111.60
CINTAS FIRE 636525
FIRST AID KIT MAINT: RISK MGMT

67.79 FIRST AID KIT MAINT: RISK MGMT

54.99 FIRST AID KIT MAINT: RISK MGMT
146.39
FIRST AID KIT MAINT: RISK MGMT

64.90 FIRST AID KIT MAINT: RISK MGMT
126.95
FIRST AID KIT MAINT: RISK MGMT
174.23
746.85
212238 5/4/2023
023158 COMMERCIAL CLEANING BY
JANITORIAL SVCS: MALL SUBSTATION:
814.77
814.77

ROGERS, SERVICEMASTER
TEM SH

COMMERCIAL
212239 5/4/2023
023175 COMPLETE OFFICE OF
MISC OFC SUPPLIES: BLDG & SAFETY
331.43

CALIFORNIA, INC
MISC OFC SUPPLIES: BLDG & SAFE

54.20 MISC OFC SUPPLIES: PLANNING DE

21.70 MISC OFC SUPPLIES: BLDG & SAFE'

2.33 409.66
212240 5/4/2023
017038 CPS HR CONSULTING
CLASSIFICATION STUDY: HR
6,818.75
6,818.75
212241 5/4/2023
004526 DAVID BRUCE WILSON, DBA
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00

DESTINATION TEMECULA
PRGM
212242 5/4/2023
012600 DAVID EVANS AND
ENG SVCS: PICKLEBALL COURTS
10,242.50

ASSOCIATES INC
PW21-03
ENG DSGN SVCS: HOCKEY RINK: Rf
13,477.50
23,720.00
212243 5/4/2023
002990 DAVID TURCH AND
MAR FEDERAL LOBBYING SVCS: CITY
5,500.00
5,500.00

ASSOCIATES
MGR
Paget

apChkLst
05/04/2023
3:23:12PM
Final Check List

CITY OF TEMECULA
Page: 3
Bank : union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212244
5/4/2023
023336

DECATUR ADVISORS LLC
ENG REFUNDABLE DEP: LD17-0488
39,000.00
39,000.00
212245
5/4/2023
019681

EJK CORPORATION, DBA BEST
PET WASTE BAGS: PARKS: PW
3,804.00
3,804.00

BAG COMPANY
212246
5/4/2023
023276

ELLIS EQUIPMENT INC
CONCRETE K-RAIL: STREET MAINT:
10,440.00
10,440.00
PW
212247
5/4/2023
023339

FABWEST MANUFACTURING
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00
PRGM
212248
5/4/2023
022610

FLOCK GROUP INC, DBA
RELOCATION OF FLOCK CAMERA: TEM
750.00
750.00

FLOCK SAFETY

SHERIFF
212249
5/4/2023
022832

GEOTAB USA INC
VEHICLE TELEMATICS: CITY FLEET
1,602.75
1,602.75
212250
5/4/2023
023246

GREEN ACRES INTERACTIVE,
FY22/23 COMMUNITY SERVICE
5,000.00
5,000.00

THERAPY

FUNDING
212251
5/4/2023
013749

HELIXSTORM INC
HPE SUPPORT RENEWAL: INFO TECH
56,240.89
56,240.89
212252
5/4/2023
013321

HESS, JOHN PAUL
VIDEOGRAPHY SVCS: CITY MGR
665.00
665.00
212253
5/4/2023
020698

HICKS AND HARTWICK INC
ENG PLAN CK SVCS: PRADO : LAND
1,620.00
1,620.00
DEV
212254
5/4/2023
022946
EMPLOYEE #07115
REIMB: TEAM PACE: HR

75.40 75.40
212255
5/4/2023
003198

HOME DEPOT
HARDWARE SUPPLIES: OT
199.66
199.66

STOREFRONT
212256
5/4/2023
014062

ID CARD GROUP
PROXIMITY CARD SUPPLIES: INFO
1,305.53
1,305.53
TECH
212257
5/4/2023
022569

INLAND FLEET SOLUTIONS INC
VEHICLE REPAIRS: STREETS: PW
141.75
VEHICLE REPAIRS: STREETS: PW
177.19
VEHICLE REPAIRS: STREETS: PW
177.19
EQUIPMENT REPAIR: STREETS: PW
177.19
673.32
212258
5/4/2023
023223

INTERNATIONAL CHRISTIAN,
FY22/23 COMMUNITY SERVICE
5,000.00
5,000.00

ADOPTIONS

FUNDING
212259
5/4/2023
003296

INTL CODE COUNCIL
PUBLICATIONS: BLDG INSPECTORS
141.48
PUBLICATIONS: BLDG INSPECTORS
1,932.97
PUBLICATIONS: BLDG INSPECTORS
170.63
2,245.08
Page:3

apChkLst
Final Check List
Page: 4
05/04/2023
3:23:12PM

CITY OF TEMECULA
Bank : union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212260
5/4/2023
023342

JDS VIDEO AND MEDIA,
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00

PRODUCTIONS INC
PRGM
212261
5/4/2023
022770

KEY BUSINESS SOLUTIONS,
PACKAGE TRACKING: CENTRAL SVCS
2,495.00
2,495.00

DBA QTRAK
212262
5/4/2023
001091

KEYSER MARSTON
ON CALL CONSULTANT SVCS:
1,735.63
1,735.63

ASSOCIATES INC

PLANNING
212263
5/4/2023
017118

KRACH BREE B, DBA
PLAQUES: PLANNING COMMISSION
119.08
119.08

TEMECULA TROPHY & DES
212264
5/4/2023
017427

MATCHETT, VIVIAN

TCSD INSTRUCTOR EARNINGS
274.40

TCSD INSTRUCTOR EARNINGS
274.40
548.80
212265
5/4/2023
016353

MEYERS NAVE, A
APPEAL SVCS: THE BANK
1,680.00
1,680.00

PROFESSIONAL CORP
212266
5/4/2023
008956

PANERA BREAD
RFRSHMNTS: WORKSHOPS: TVE2
145.18
145.18
212267
5/4/2023
010338

POOL AND ELECTRICAL,
POOLS SUPPLIES: AQUATICS: PARKS
981.59
981.59

PRODUCTS INC
212268
5/4/2023
021107
PUBLIC ADVERTISING AGENCY TEM '23 MAGAZINE DESIGN SVCS:
2,000.00
INC

ECON DEV
TEM '23 MAGAZINE DESIGN SVCS: E
5,891.16
7,891.16
212269
5/4/2023
000411

RIVERSIDE CO FLOOD
SMR FY 22/23 NPDES PERMIT: PW
585,413.66
585,413.66

CONTROL AND, WATER

CONSERVATION DIST
212270
5/4/2023
022715

RIVERSIDE CO PUBLIC
MAR EMERGENCY RADIO RENTALS:
1,893.31

SAFETY, ENTERPRISE
POLICE

COMMUNICATION
MAR EMERG RADIO RENTALS: COD
388.35
2,281.66
212271
5/4/2023
016439

ROTARY CLUB OF TEMECULA,
FY22/23 COMMUNITY SERVICE
30,000.00
30,000.00

FOUNDATION

FUNDING
212272
5/4/2023
023304

RTA RANCHO HIGHLANDS LLC
REFUND: B19-4065 & B19-4075
772.50
772.50
212273
5/4/2023
021964

RUSSELL SIGLER INC, DBA
A/C UNITS: MPSC OUTDOOR REC
3,390.83

SIGLER WHOLESALE DIST
AREA: CIP
A/C UNITS: MPSC OUTDOOR REC Al
722.10
A/C UNITS: MPSC OUTDOOR REC Al
6,986.10
A/C UNITS: MPSC OUTDOOR REC AI
9,145.88
20,244.91
212274
5/4/2023
013375
EMPLOYEE #00474
REIMB: CPRS CONF: TCSD
845.82
845.82
Page:4

apChkLst
Final Check List
Page: 5
05/04/2023
3:23:12PM

CITY OF TEMECULA
Bank : union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212275
5/4/2023
009980

SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 04/15
810.00
810.00

TEMECULA MUSIC ACADEMY
212276
5/4/2023
021309

SB&O INC
ENG SURVEY SVCS: SIDEWALK:
10,577.00
PW22-16
ADA TRANSITION PLAN: PW18-16: C
3,000.00
ADA TRANSITION PLAN: PW18-16: C
303.20
13,880.20
212277
5/4/2023
010420
EMPLOYEE #00565
REIMB: CPRS CONF 4/4/23

30.00 30.00
212278
5/4/2023
015457

SHAW HR CONSULTING INC
CONSULTING SVCS: REGISTRATION:
1,399.00
1,399.00
HR
212279
5/4/2023
013695

SHRED IT US JV LLC, DBA
DOCUMENT SHRED SVCS: CITY CLERK

23.28 SHRED IT USA LLC
DOCUMENT SHRED SVCS: PD
394.20
417.48
212280
5/4/2023
014818

SKYFIT TECH INC
FITNESS CENTER MAINT SVCS: RISK
195.00
195.00
212281
5/4/2023
000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: CIVIC CTR
120.00

CONTROL INC
PEST CONTROL SVCS: CHILDRENS

36.00 PEST CONTROL SVCS: CODE ENFO
1,940.00
PEST CONTROL SVCS: WINCHESTE

94.00 PEST CONTROL SVCS: THEATER

90.00 PEST CONTROL SVCS: STA 12

74.00 2,354.00
212282
5/4/2023
012652

SOUTHERN CALIFORNIA,
MAY GEN USAGE: 0141,0839,0978,0979
508.75
508.75

TELEPHONE COMPANY
212283
5/4/2023
021890

SOUTHWEST DESIGN
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00

SYSTEMS INC, DBATHOMAS
PRGM

EDWARD SALON
212284
5/4/2023
017814

STC TRAFFIC INC
TRAFFIC ENG SVCS: SUPPORT SVCS:
5,085.00
PW
TRAFFIC ENG SVCS: FIBER OPTIC C
16,410.00
21,495.00
212285
5/4/2023
023290

STU MCINTOSH
REFUND: LD22-4185: PW
5,682.00
5,682.00

CONSTRUCTION INC
212286
5/4/2023
012789

STUART, JENNIFER SARAH

TCSD INSTRUCTOR EARNINGS
6,320.00

TCSD INSTRUCTOR EARNINGS
6,320.00
12,640.00
212287
5/4/2023
023221

SWCA INCORPORATED
CONSULT SVCS: WILDFIRE
9,268.39
9,268.39

PROTECTION PLAN
212288
5/4/2023
020911

T MOBILE USA INC
GPS LOCATE: TEM SHERIFF
100.00
100.00
212289
5/4/2023
003599

T Y LIN INTERNATIONAL
ENG & CONSULT SVCS: FVP PH II
17,485.78
17,485.78
Page:5

apChkLst
05/04/2023
3:23:12PM
Final Check List

CITY OF TEMECULA
Page: 6
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212290
5/4/2023
000876

TEMECULA VALLEY BALLOON
SPONSORSHIP: BALLOON FESTIVAL
27,000.00
27,000.00
& WINE, FESTIVAL
'23

ASSOCIATION
212291
5/4/2023
020425

TEMECULA VALLEY
FY22/23 COMMUNITY SERVICE
5,000.00
5,000.00

CONSERVATORY, OF THE ARTS

FUNDING
212292
5/4/2023
000783

TOMAR ELECTRONICS INC
LIGHT BARS: COM DEV VEHICLES
7,981.62
7,981.62
212293
5/4/2023
022046

TURBOSCAPE INC
LANDSCAPE ENHANCEMENT: PARKS:
12,710.00
12,710.00
PW
212294
5/4/2023
000161

TYLER TECHNOLOGIES INC
MUNIS MIGRATION SVCS: FINANCE
1,400.00
1,400.00
212295
5/4/2023
020963

UPTOWN TEMECULAAUTO SPA
JAN VEHICLE DETAILING SVCS: BLDG

25.00 25.00
LLC

INSPECT
212296
5/4/2023
021019

US NATIONAL CORP
PAINTING SVCS: HARVESTON PK: P-24
7,900.00
PAINTING SVCS: HARVESTON PK: P
33,000.00
PAINTING SVCS: HARVESTON PK: P
67,000.00
107,900.00
212297
5/4/2023
001342

WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: VARIOUS
6,989.15

FACILITIES
CLEANING SUPPLIES: VARIOUS FAC
141.94
7,131.09
212298
5/4/2023
008668

WES FLOWERS

SUNSHINE FUND

96.55 96.55
212299
5/4/2023
013556

WESTERN AV
AV EQUIP: OLD TOWN & VARIOUS
66,291.60
66,291.60
FACILITIES:
212300
5/4/2023
022900

WESTERN SYSTEMS INC
TRAFFIC EQUIP:
3,240.83
3,240.83
JEFFERSON/OVERLAND: PW
212301
5/4/2023
023338

YAMILE ACOSTA JAIME, DBA
FY22/23 COMMUNITY REINVESTMENT
10,000.00
10,000.00

AVEXPRESS
PRGM
Grand total for UNION BANK: 1,749,085.73
Page.-6

apChkLst Final Check List Page: 7
05/04/2023 3:23:12PM CITY OF TEMECULA
85 checks in this report.

Grand Total All Checks: 1,749,085.73
Page:7

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: May 23, 2023
SUBJECT: Approve City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023
PREPARED BY: Jordan Snider, Senior Accountant
RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023.

BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively.

Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements.

Attached is the City Treasurer's Report that provides this information.

The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of as of January 31, 2023, February 28, 2023, and March 31, 2023.

FISCAL IMPACT: None
ATTACHMENTS: 1. City Treasurer's Report as of January 31, 2023

2. City Treasurer's Report as of February 28, 2023

3. City Treasurer's Report as of March 31, 2023

City of Temecula
Portfolio Managment Treasury Report 41000 Main Street
Aw Portfolio Management Temecula, CA 92590
(951)694-6430
Portfolio Summary
January 31, 2023
Par Market Book % of Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv.

Managed Pool Accounts 27,148,768.58 27,148,768.58 27,148,768.58 14.25 1 1 3.305 3.351 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000
Trust Accounts 12,246,566.27 12,246,566.27 12,246,566.27 6.43 1 1 1.509 1.530 Local Agency Investment Funds 94,907,680.04 93,141,377.70 94,907,680.04 49.82 1 1 0.240 0.244 Money Market 7,841,702.16 7,841,702.16 7,841,702.16 4.12 1 1 2.091 2.120 Medium Term Notes 14,000,000.00 13,716,890.00 13,638,260.00 7.16 650 535 4.501 4.564 Federal Agency Callable Securities 17,000,000.00 15,557,730.00 16,997,500.00 8.92 1,590 988 0.723 0.733 Treasury Coupon Securities 12,000,000.00 11,802,980.00 11,772,968.76 6.18 535 425 4.324 4.384 Federal Agency Bullet Securities 5,000,000.00 4,844,050.00 4,945,480.00 2.60 898 311 1.969 1.996 Supranational 1,000,000.00 981,700.00 985,430.00 0.52 634 516 4.069 4.126 191,144,720.05 187,281,767.71 190,484,358.81 100.00% 249 164 1.500 1.521 Investments
Cash
Passbook/Checking 11,418,042.22 11,418,042.22 11,418,042.22 1 1 0.000 0.000 (not included in yield calculations)
Total Cash and Investments 202,562,762.27 198,699,809.93 201,902,401.03 249 164 1.500 1.521 Total Earnings January 31 Month Ending Fiscal Year To Date Current Year 196,720.45 1,087,508.97
Average Daily Balance 198,125,073.37 219,158,203.17
Effective Rate of Return 1.17% 0.84%
Reporting period 01/01/2023-01/31/2023 Portfolio TEME
Data Updated: SET_MTH: 04/20/2023 12:33 NL! CP
Run Date: 04/20/2023 - 12:34 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
January 31, 2023

Page 1 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
233358001-6
01-2 BOND F
First Amer Govt Oblig Fund Cl

56.30 56.30

56.30 4.100

4.044

4.100
1 233358006-6
01-2 REF RES
First Amer Govt Oblig Fund Cl
496,661.26
496,661.26
496,661.26

4.100

4.044

4.100
1 233358000-6
01-2 REF ST
First Amer Govt Oblig Fund Cl
128,641.69
128,641.69
128,641.69

4.100

4.044

4.100
1 233358005-1
01-2 SPECF
First Amer Govt Oblig Fund Cl
09/30/2022
12,064.45
12,064.45
12,064.45

4.100

4.044

4.100
1 276213009-6
03-02 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 276213008-6
03-02 IMPR
First Amer Govt Oblig Fund Cl
524.96
524.96
524.96

4.100

4.044

4.100
1 276213006-6
03-02RES
First Amer Govt Oblig Fund Cl
751,543.07
751,543.07
751,543.07

4.100

4.044

4.100
1 164741029-0
03-03 22 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 4.060

4.004

4.060
1 164741028-0
03-03 22 IF
First Amer Govt Oblig Fund Cl
197,008.46
197,008.46
197,008.46

4.100

4.044

4.100
1 164741010-0
03-03 22 SPE
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164741026-6
03-03 22 SRB
First Amer Govt Oblig Fund Cl
418,463.13
418,463.13
418,463.13

4.100

4.044

4.100
1 164741020-0
03-03 22 STIR
First Amer Govt Oblig Fund Cl
1,437.17
1,437.17
1,437.17

4.100

4.044

4.100
1 164741002-6
03-03 BOND F
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741022
03-03 STRB
First Amer Govt Oblig Fund Cl
08/01/2022

2.16 2.16

2.16 4.170

4.113

4.170
1 164741008-6
03-03IMP
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741006-6
03-03RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.180

0.178

0.180
1 164741000-6
03-03SPEC
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164742002-6
03-06 BOND F
First Amer Govt Oblig Fund Cl
26,401.75
26,401.75
26,401.75

4.100

4.044

4.100
1 164742000-6
03-06SPEC
First Amer Govt Oblig Fund Cl
23,685.93
23,685.93
23,685.93

4.100

4.044

4.100
1 229462007-6
03-1 2012 RF
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462002--6
03-1 BOND FD
First Amer Govt Oblig Fund Cl

4.37 4.37

4.37 4.120

4.064

4.120
1 229462009-6
03-1 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462006-6
03-1 RESERV
First Amer Govt Oblig Fund Cl
17,471.37
17,471.37
17,471.37

4.100

4.044

4.100
1 229462000-6
03-1 SPECF
First Amer Govt Oblig Fund Cl
148,368.29
148,368.29
148,368.29

4.100

4.044

4.100
1 94669921-6
03-1ACQ11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 94669911-6
03-1ACQA11
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669917-6
03-1 RES
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669916-6
03-1 RESB11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669000-6
03-1 SPTAX11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 276213002-6
03-2 REFU
First Amer Govt Oblig Fund Cl
693.85
693.85
693.85

4.100

4.044

4.100
1 276213000-6
03-2 SPEC
First Amer Govt Oblig Fund Cl
107,130.00
107,130.00
107,130.00

4.100

4.044

4.100
1 94686001-6
034ADMIN11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 94686005-6
034PREP11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.070

0.069

0.070
1 94686000-6
034RED11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.050

0.049

0.050
1 94686006-6
034RES11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 276213022-6
16-01 BOND F
First Amer Govt Oblig Fund Cl
110.63
110.63
110.63

4.100

4.044

4.100
1 276213023-6
16-01 CAPINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 276213029-6
16-01 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 Data Updated: SET _MTH: 04/20/2023 12:33
Run Date: 04/20/2023 - 12:34
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
January 31, 2023

Page 2 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
276213028-6
16-01 IMP
First Amer Govt Oblig Fund Cl
6,823,819.86
6,823,819.86
6,823,819.86

4.100

4.044

4.100
1 276213026-6
16-01 RESERV
First Amer Govt Oblig Fund Cl
3,167,143.82
3,167,143.82
3,167,143.82

4.100

4.044

4.100
1 276213020-6
16-01 SPECF
First Amer Govt Oblig Fund Cl
167,938.25
167,938.25
167,938.25

4.100

4.044

4.100
1 276213025-1
16-01 SPECTF
First Amer Govt Oblig Fund Cl
09/30/2022
22,089.86
22,089.86
22,089.86

4.100

4.044

4.100
1 218848001-6
2017A&B INT
First Amer Govt Oblig Fund Cl

0.97 0.97

0.97 4.120

4.064

4.120
1 218848008-6
2017ABPRIORP
First Amer Govt Oblig Fund Cl
18,225.83
18,225.83
18,225.83

4.100

4.044

4.100
1 218848013-2
2017B COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 218848000-6
2017B DS
First Amer Govt Oblig Fund Cl
27,391.26
27,391.26
27,391.26

4.100

4.044

4.100
1 218848002-6
2017B PRIN
First Amer Govt Oblig Fund Cl

6.70 6.70

6.70 4.030

3.975

4.030
1 218848009-6
2017B_PROJ
First Amer Govt Oblig Fund Cl
5,251,920.06
5,251,920.06
5,251,920.06

4.100

4.044

4.100
1 233358009-6
233358009-6
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94434160-6
RDA-021NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94434161-6
RDA-02PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886000-6
RDA-06AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886001-6
RDA06APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886010-6
RDA06BINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886011-6
RDA06BPRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.680

0.671

0.680
1 107886016-6
RDA06BRES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886020-6
RDA071NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886021-6
RDA07PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.930

0.917

0.930
1 107886028-6
RDA07PROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886026-6
RDA07RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 136343008-6
RDA10APROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343018-6
RDA10BPROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343000-6
RDA10INT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343001-6
RDA10PRIN
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 136343006-6
RDA10RSRV
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 146161000-6
RDA11AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 146161001-6
RDA11APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669902-3
03-1 BOND3
First American Treasury
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94434160-1
RDA 02 INT1
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 94434161-2
RDA 02 PRIN2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 136343018-2
RDA 10B CIP2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 146161008-3
RDA11APROJ
Federated Institutional Tax Fr

0.00 0.00

0.00 0.800

0.789

0.800
1 146161006-3
RDA11ARSRV
Federated Institutional Tax Fr
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669921-5
03-01 ACQ11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669911-5
03-01 ACQA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-5
03-01 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 Data Updated: SET _MTH: 04/20/2023 12:33
Run Date: 04/20/2023 - 12:34
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
January 31, 2023

Page 3 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365
Maturity Date
Managed Pool
Accounts
94669906-5
03-01 RESA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.001

0.001

0.001
1 94669916-5
03-01 RESB11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669000-5
03-01SPTAX11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 164742006-5
03-06 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164742000-5
03-06 SPEC
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669902-5
03-1 bond fd
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686001-5
034 ADMIN11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94686005-5
034 PREP11
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686006-5
034 RES11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-1
03-01-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 276213008-1
03-02 IMP
CA Local Agency Investment Fun
8,209,889.30
8,209,889.30
8,209,889.30

2.010

1.982

2.010
1 164742006-1
03-06 RES-1
CA Local Agency Investment Fun
308,622.75
308,622.75
308,622.75

4.100

4.044

4.100
1 229462007-1
03-1 2012 RE
CA Local Agency Investment Fun
821,450.19
821,450.19
821,450.19

0.221

0.218

0.221
1 94669911-1
03-1 ACQ A2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 94669921-1
03-1 ACQ B2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 744727011-1
03-3 ACQ 2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 164741006-1
0303-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.620

0.612

0.620
1 107886028-1
RDA 07 PRO-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 107886026-1
RDA 07 RES-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 136343018-1
RDA 10B CIP1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 229462020-0
03-01 CASH
USBANK

0.89 0.89

0.89 0.000

0.000
1 164742006-0
03-06 Cash
USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 233358050-1
01-2 SPECESC
U.S. Treasury

0.00 0.00

0.00 0.360

0.355

0.360
1 Subtotal and Average 27,149,768.17
27,148,768.58
27,148,768.58
27,148,768.58

3.305

3.351
1 Retention Escrow Account

NOBEL COMPANY
3354 Banner Bank

0.00 0.00

0.00 0.150

0.148

0.150
1 218848050-0
2002 ESCROW USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848060-0
2006AESCRO USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848070-0
2006BESCRO USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848080-0
2007ESCROW USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 229462020-2
03-01 ESCROW U.S. Treasury

0.00 0.00

0.00 0.063

0.062

0.063
1 Subtotal and Average

0.00 0.00

0.000

0.000
0 Letter of Credit
164741026-1 03-03 22 Res ASSURED GUARANTY MUNICIPAL COR 07/01/2022 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2022 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2022

1.00 1.00 1.00

0.000 0.000 1

0.000 0.000 1
Portfolio TEME
Data Updated: SET _MTH: 04/20/2023 12:33 NLI CP
Run Date: 04/20/2023 - 12:34
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
January 31, 2023

Page 4 ends

Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1
Trust Accounts
6746058700 PARS Pension US Bank Trust 12,246,566.27 12,246,566.27 12,246,566.27 1.530 1.509 1.530 1 Subtotal and Average 16,345,887.02 12,246,566.27 12,246,566.27 12,246,566.27 1.509 1.530 1 Local Agency Investment Funds

SYSCITY
CITY
CA Local Agency Investment Fun
72,427,772.05
71,079,837.47
72,427,772.05

0.206

0.203

0.206
1 SYSRDA
RDA
CA Local Agency Investment Fun
1,914.71
1,879.08
1,914.71

0.365

0.360

0.365
1 SYSTCSD
TCSD
CA Local Agency Investment Fun
22,477,993.28
22,059,661.15
22,477,993.28

0.365

0.360

0.365
1 Subtotal and Average 83,759,262.34
94,907,680.04
93,141,377.70
94,907,680.04

0.240

0.244
1 Money Market
31846V542
Money Mkt
USBANK 08/31/2022
7,841,702.16
7,841,702.16
7,841,702.16

2.120

2.091

2.120
1 Subtotal and Average 6,730,983.55
7,841,702.16
7,841,702.16
7,841,702.16

2.091

2.120
1 Medium Term Notes
04685A3J8
01285
Athene Global Funding
10/06/2022
2,000,000.00
1,929,040.00
1,920,360.00

2.514

5.385

5.460
401 03/08/2024
06406RAJ6
01282
Bank of NY Mellon Corp
09/27/2022
1,000,000.00
992,980.00
994,200.00

3.450

4.100

4.157
191 08/11/2023
14913Q21-2
01276
Caterpillar Financial Service
08/31/2022
2,000,000.00
1,992,300.00
2,000,000.00

3.450

3.398

3.445
103 05/15/2023
25160PAM9
01292
Deutsche Bank NY
11/14/2022
1,000,000.00
1,024,930.00
961,560.00

5.371

6.220

6.306
1,681 09/09/2027
46849LSQ5
01294
Jackson Natl Life Global
12/23/2022
2,000,000.00
1,877,460.00
1,879,480.00

3.050

4.957

5.026
1,183 04/29/2026
594918BQ6
01279
Microsoft Corp
09/07/2022
2,000,000.00
1,971,820.00
1,973,940.00

2.000

3.403

3.451
188 08/08/2023
21688AAU6
01284
Cooperat Rabobank UA/NY
09/30/2022
2,000,000.00
1,976,060.00
1,968,180.00

3.875

4.696

4.761
568 08/22/2024
89236TJX4
01288
Toyota Motor Credit Corp
10/14/2022
2,000,000.00
1,952,300.00
1,940,540.00

2.500

4.595

4.659
415 03/22/2024
Subtotal and Average 13,638,260.00
14,000,000.00
13,716,890.00
13,638,260.00

4.501

4.564
535
Federal Agency Callable
Securities
3133EMQGO
01259
Federal Farm Credit Bank
02/10/2021
1,000,000.00
921,870.00
1,000,000.00

0.320

0.316

0.320
740 02/10/2025
3133EMK92
01265
Federal Farm Credit Bank
06/23/2021
1,000,000.00
917,090.00
1,000,000.00

0.580

0.572

0.580
873 06/23/2025
3133EMN57
01266
Federal Farm Credit Bank
06/28/2021
1,000,000.00
942,610.00
1,000,000.00

0.440

0.434

0.440
513 06/28/2024
3133EMP22
01267
Federal Farm Credit Bank
06/30/2021
1,000,000.00
900,330.00
1,000,000.00

0.910

0.898

0.910
1,245 06/30/2026
3133ENAP5
01273
Federal Farm Credit Bank
10/14/2021
1,000,000.00
914,810.00
1,000,000.00

0.800

0.789

0.800
986 10/14/2025
313OAKQ41
01258
Federal Home Loan Bank
01/28/2021
1,000,000.00
904,980.00
1,000,000.00

0.520

0.513

0.520
1,092 01/28/2026
3130ALEU4
01260
Federal Home Loan Bank
02/25/2021
1,000,000.00
928,680.00
1,000,000.00

0.350

0.345

0.350
663 11/25/2024
3130ALWV2
01261
Federal Home Loan Bank
04/21/2021
1,000,000.00
914,560.00
1,000,000.00

0.550

1.011

1.025
1,175 04/21/2026
3130AM2V3
01262
Federal Home Loan Bank
04/29/2021
1,000,000.00
930,960.00
1,000,000.00

0.700

0.690

0.700
818 04/29/2025
3130AMNMO
01263
Federal Home Loan Bank
05/27/2021
1,000,000.00
910,220.00
1,000,000.00

0.500

0.493

0.500
1,211 05/27/2026
3130AMM90
01264
Federal Home Loan Bank
06/10/2021
1,000,000.00
915,930.00
1,000,000.00

0.500

1.973

2.000
1,225 06/10/2026
Portfolio TEME
Data Updated: SET _MTH: 04/20/2023 12:33 NLI CP
Run Date: 04/20/2023 - 12:34
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
January 31, 2023

Page 5 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Federal Agency Callable Securities
3130AN4N7
01268
Federal Home Loan Bank
07/14/2021
1,000,000.00
918,790.00
1,000,000.00

0.720

0.710

0.720
894 07/14/2025
3130ANAZ3
01269
Federal Home Loan Bank
07/28/2021
1,000,000.00
926,820.00
1,000,000.00

0.600

0.592

0.600
817 04/28/2025
3130AP3M5
01270
Federal Home Loan Bank
09/28/2021
1,000,000.00
920,660.00
1,000,000.00

0.550

0.542

0.550
786 03/28/2025
3134GXJL9
01257
Federal Home Loan Mtg Corp
12/30/2020
1,000,000.00
901,930.00
1,000,000.00

0.500

0.493

0.500
1,063 12/30/2025
3130APBV6
01271
Union Bank
10/07/2021
1,000,000.00
896,000.00
999,000.00

1.000

1.007

1.021
1,344 10/07/2026
3130APAM7
01272
Union Bank
10/14/2021
1,000,000.00
891,490.00
998,500.00

0.900

0.918

0.931
1,351 10/14/2026
Subtotal
and Average 16,997,500.00
17,000,000.00
15,557,730.00
16,997,500.00

0.723

0.733
988
Treasury Coupon Securities
912828T26
01281
U.S. Treasury
09/26/2022
2,000,000.00
1,955,700.00
1,945,703.13

1.375

4.088

4.145
241 09/30/2023
91282CEX5
01283
U.S. Treasury
09/29/2022
2,000,000.00
1,957,660.00
1,960,312.50

3.000

4.126

4.184
515 06/30/2024
91282CEX5
01287
U.S. Treasury
10/13/2022
2,000,000.00
1,957,660.00
1,955,312.50

3.000

4.304

4.364
515 06/30/2024
9128285P1
01289
U.S. Treasury
10/19/2022
2,000,000.00
1,969,380.00
1,966,093.75

2.875

4.387

4.448
302 11/30/2023
9128285UO
01290
U.S. Treasury
10/19/2022
2,000,000.00
1,961,800.00
1,957,265.63

2.625

4.412

4.473
333 12/31/2023
91282CFQ9
01291
U.S. Treasury
11/04/2022
2,000,000.00
2,000,780.00
1,988,281.25

4.375

4.622

4.687
638 10/31/2024
Subtotal and Average
11,772,968.76
12,000,000.00
11,802,980.00
11,772,968.76

4.324

4.384
425
Federal Agency Bullet Securities
3133ELMA9
01254
Federal Farm Credit Bank
02/07/2020
1,000,000.00
982,560.00
1,000,000.00

1.420

1.401

1.420
187 08/07/2023
3133ELTU8
01256
Federal Farm Credit Bank
03/18/2020
1,000,000.00
960,910.00
1,000,000.00

0.920

0.907

0.920
411 03/18/2024
3133ENCA6
01274
Federal Farm Credit Bank
10/25/2021
1,000,000.00
939,600.00
1,000,000.00

0.700

0.690

0.700
632 10/25/2024
3135GO5G4
01278
Federal National Mtg Assn
09/02/2022
2,000,000.00
1,960,980.00
1,945,480.00

0.250

3.464

3.512
159 07/10/2023
Subtotal and Average
4,945,480.00
5,000,000.00
4,844,050.00
4,945,480.00

1.969

1.996
311
Supranational
4581XODA3
01280
Inter -American Devel Bk
09/08/2022

0.00 0.00

0.00 2.500

3.154

3.198
18 01/18/2023
4581XOEE4
01286
Inter -American Devel Bk
10/06/2022
1,000,000.00
981,700.00
985,430.00

3.250

4.069

4.126
516 07/01/2024
Subtotal and Average
1,532,429.68
1,000,000.00
981,700.00
985,430.00

4.069

4.126
516
Total and Average
198,125,073.37
191,144,720.05
187,281,767.71
190,484,358.81

1.500

1.521
164
Portfolio TEME
Data Updated: SET _MTH: 04/20/2023 12:33 NLI CP
Run Date: 04/20/2023 - 12:34
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Cash
January 31, 2023

Page 6 ends

Average
Purchase
Stated
YTM
YTM
Days to
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value Rate
360
365 Maturity
Passbook/Checking
Accounts
1453718479

WORKERS

BANK OF AMERICA MERRILL LYNC
07/01/2022
17,354.73
17,354.73
17,354.73

0.000

0.000
1 SYSPetty Cash
Petty Cash
City of Temecula
07/01/2022
3,911.00
3,911.00
3,911.00

0.000

0.000
1 SYSGen Ck Acct
Gen Ck Acct
Union Bank of California
11,285,800.49
11,285,800.49
11,285,800.49

0.000

0.000
1 SYSParking Ck

PARKING CITA
Union Bank of California
07/01/2022
110,976.00
110,976.00
110,976.00

0.000

0.000
1 Average Balance 0.00
1 Total Cash and Investments
Data Updated: SET _MTH: 04/20/2023 12:33
Run Date: 04/20/2023 - 12:34
198,125,073.37
202,562,762.27 198,699,809.93 201,902,401.03 1.500 1.521 164 Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0

Cash and Investments Report

CITY OF TEMECULA
Through January 2023
Fund #
Fund Name
Beginning Balance
Receipts
Disbursements
Fund Total
001

GENERAL FUND
$ 40,335,948.75
$ 16,411,596.09
$ 18,168,828.16 $
38,578,716.68
002

MEASURE S FUND
32,805,044.21
3,099,416.62
48,074.63
35,856,386.20
006

FIRE FACILITY ACQUISITION FUND
1,505,260.23
4,706.27
2,022.42 $
1,507,944.08
100

STATE GAS TAX FUND
1,449,648.17
474,164.26
-
1,923,812.43
102

RMRA-ROAD MAINTENANCE REHABILITATION ACT
2,564,433.33
214,077.55
3,723.60
2,774,787.28
103

STREETS MAINTENANCE FUND
6,446,714.26
17,544.27
8,661.59
6,455,596.94
105
NPDES
43,541.74
131,472.04
234.98
174,778.80
106

UPTOWN TEMECULA NEW STREETS IN LIEU FEES
892,080.96
2,788.93
1,198.57
893,671.32
108
ARPA
7,039,753.50
-
-
7,039,753.50
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
6,981,381.47
4,841.54
6,976,539.93
120

DEVELOPMENT IMPACT FUND
8,987,720.23
1,624,924.07
14,220.27
10,598,424.03
125

PEG PUBLIC EDUCATION & GOVERNMENT
751,847.22
2,281.56
3,327.04
750,801.74
145

TEMECULA ENERGY EFFICIENCY ASSET TEAM
836,592.03
2,615.45
1,124.02
838,083.46
150
AB 2766 FUND
325,259.46
920.59
437.01
325,743.04
160

SUPPLEMENTAL LAW ENFORCEMENT SERVICES
138,338.60
8,668.94
-
147,007.54
161

TEMECULA MAJOR CRIMES REWARD FUND

53.39 -

0.07 53.32
165

AFFORDABLE HOUSING
5,391,874.57
30,913.33
28,378.40
5,394,409.50
170

MEASURE A FUND
7,309,999.24
724,642.85
222,105.37
7,812,536.72
190

TEMECULA COMMUNITY SERVICES DISTRICT
2,474,909.70
2,337,284.48
2,027,758.25
2,784,435.93
191
TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT
855,833.36
2,675.81
1,149.87
857,359.30
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
143,122.37
330,689.78
25,248.83
448,563.32
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
480,177.86
5,048,869.80
4,682,709.17
846,338.49
195
TCSD SERVICE LEVEL 'R" STREET/ROAD MAINT
27,370.77
2,975.24

40.66 30,305.35
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
322,999.54
135,362.56
29,885.94
428,476.16
197

TEMECULA LIBRARY FUND
641,112.47
6,904.85
76,035.78
571,981.54
198

PUBLIC ART
156,290.65
2,460.91
212.66
158,538.90
210

CAPITAL IMPROVEMENT PROJECT FUND
12,286,765.57
239,657.26
4,977,966.26
7,548,456.57
275
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
213,587.45
697.00

23.14 214,261.31
277

CFD-RORIPAUGH
8,354,020.99
450.68
192.95
8,354,278.72
278

CFD-RORIPAUGH II
6,801,542.51
22,277.35
-
6,823,819.86
300

INSURANCE FUND
1,264,298.95
3,750.55
17,887.71
1,250,161.79
305

WORKER'S COMPENSATION
1,383,833.84
4,625.54
26,043.36
1,362,416.02
310

VEHICLES AND EQUIPMENT FUND
3,277,307.85
9,373.92
125,974.48
3,160,707.29
320

INFORMATION TECHNOLOGY
1,902,081.64
4,708.37
529,254.58
1,377,535.43
325

TECHNOLOGY REPLACEMENT FUND
2,481,365.40
7,138.93
3,333.88
2,485,170.45
330

CENTRAL SERVICES
49,511.99
134.32
25,466.26
24,180.05
335

CENTRAL SERVICES
341,547.54
1,037.23
13,405.01
329,179.76
340

FACILITIES
557,708.36
2,039.89
120,353.25
439,395.00
350

FACILITY REPLACEMENT FUND
825,184.43
1,344.08
1,108.69
825,419.82
380

SARDA DEBT SERVICE FUND
991,198.59
4,012,382.99
773,178.71
4,230,402.87
381

REDEVELOPMEN PROPERTY TAX TRUST
-
3,220,213.00
3,220,213.00
-
460
CFD 88-12 DEBT SERVICE FUND
95,042.28
297.13
127.70
95,211.71
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
758,400.43
526,605.12
2,579.41
1,282,426.14
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
999,527.99
408,798.96
2,275.08
1,406,051.87
474
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
7,163.12

22.40 9.62
7,175.90
475
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
493,028.56
926,797.08
9,515.22
1,410,310.42
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
387,425.27
169,621.70
1,975.81
555,071.16
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
870,475.35
384,913.81
2,241.48
1,253,147.68
478

CFD-RORIPAUGH II
3,773,744.92
1,778,882.25
4,657.34
5,547,969.83
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
-
19,120.04
3,794.56
15,325.48
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
105,854.80
22,021.19
1,953.28
125,922.71
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
42,268.12
25,670.54
2,115.83
65,822.83
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
3,559.68
3,211.12
370.49
6,400.31
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
8,099.00
21,569.10
1,992.93
27,675.17
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
33,020.21
15,315.76
1,031.68
47,304.29
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
2,753.97
8,052.02
751.52
10,054.47
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
70,695.46
73,925.32
7,192.27
137,428.51
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
28,525.74
2,747.34
201.16
31,071.92
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
11,476.29
5,141.38
790.27
15,827.40
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
2,535.30
1,141.60
113.72
3,563.18
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
56,599.80
51,378.51
6,752.88
101,225.43
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
22,670.52
17,940.22
1,892.56
38,718.18
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
6,797.53
7,622.13
739.91
13,679.75
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
9,115.27
4,823.76
552.64
13,386.39
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
75,924.14
19,854.57
4,757.73
91,020.98
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
1,885.75
1,006.79
127.07
2,765.47
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
26,867.03
50,144.69
4,377.37
72,634.35
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
68,305.32
30,320.98
9,541.40
89,084.90
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
206,205.44
93,509.71
7,012.03
292,703.12
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
104,464.84
119,573.91
14,776.10
209,262.65
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
9,471.37
2,250.41
241.64
11,480.14
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
25,592.92
4,192.41
337.84
29,447.49
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
-
86,662.05
20,015.79
66,646.26
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
57,368.73
22,727.67
2,289.29
77,807.11
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
1,321.33
1,129.65
105.71
2,345.27
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
6,312.06
4,784.45
368.87
10,727.64
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
529,735.01
124,250.88
12,541.59
641,444.30
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
7,357.49
2,163.81
1,074.54
8,446.76
530
SERVICE LEVEL"C"ZONE 30 FUTURE ZONES
36,161.59
113.05

48.59 36,226.05
701

PENSION RATE STABILIZATION FUND
$ 16,482,531.05
2,764,035.22
7,000,000.00 $
12,246,566.27
Grand Total:
$ 195,065,546.87
$ 45, 550,126.09
$ 42, 115,863.03 $
198,699,809.93
Journal Entries completed after December's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns.

NF
[�f
City of Temecula
Investments
Portfolio Managment Treasury Report 41000 Main Street
Portfolio Management Temec(951)6 92590
g (951)694-6430
Portfolio Summary
February 28, 2023
Par
Market
Book
% of
Days to
YTM
YTM
Value
Value
Value
Portfolio
Term Maturity
360 Equiv.
365 Equiv.

Managed Pool Accounts
31,712,127.16
31,712,127.16
31,712,127.16

15.79 1
1 3.570

3.619
Letter of Credit

3.00 3.00

3.00 0.00
1 1

0.000

0.000
Trust Accounts
13,950,419.58
13,950,419.58
13,950,419.58

6.95 1
1 1.509

1.530
Local Agency Investment Funds
98,907,680.04
97,066,934.73
98,907,680.04

49.24 1
1 0.245

0.249
Money Market
5,012,080.27
5,012,080.27
5,012,080.27

2.50 1
1 2.091

2.120
Medium Term Notes
14,000,000.00
13,640,980.00
13,638,260.00

6.79 650
507

4.501

4.564
Federal Agency Callable Securities
17,000,000.00
15,328,820.00
16,997,500.00

8.46 1,590
960

0.723

0.733
Treasury Coupon Securities
15,000,000.00
14,686,560.00
14,705,937.51

7.32 493
378

4.415

4.476
Federal Agency Bullet Securities
5,000,000.00
4,839,450.00
4,945,480.00

2.46 898
283

1.969

1.996
Supranational
1,000,000.00
975,080.00
985,430.00

0.49 634
488

4.069

4.126
201,582,310.05
197,212,454.74
200,854,917.56
100.00%
241
153

1.600

1.622
Investments
Cash
Passbook/Checking 14,801,360.30 14,801,360.30 14,801,360.30 1 1 0.000 0.000 (not included in yield calculations)
Total Cash and Investments 216,383,670.35 212,013,815.04 215,656,277.86 241 153 1.600 1.622 Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
February 28 Month Ending
193,482.81
207,508,684.45

1.22%
Fiscal Year To Date
1,280,991.78
217,815,871.79

0.88%
Reporting period 02/01/2023-02/28/2023 Portfolio TEME
Data Updated: SET_MTH: 04/20/2023 12:38 NL! CP
Run Date: 04/20/2023 -12:38 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
February 28, 2023

Page 1 ends

56.49 56.49

56.49 4.340

4.281

4.340
1 233358006-6
01-2 REF RES
First Amer Govt Oblig Fund Cl
498,380.61
498,380.61
498,380.61

4.330

4.271

4.330
1 233358000-6
01-2 REF ST
First Amer Govt Oblig Fund Cl
529,762.15
529,762.15
529,762.15

4.330

4.271

4.330
1 233358005-1
01-2 SPECF
First Amer Govt Oblig Fund Cl
09/30/2022
12,106.21
12,106.21
12,106.21

4.330

4.271

4.330
1 276213009-6
03-02 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 276213008-6
03-02 IMPR
First Amer Govt Oblig Fund Cl
526.78
526.78
526.78

4.100

4.044

4.100
1 276213006-6
03-02 RES
First Amer Govt Oblig Fund Cl
754,144.77
754,144.77
754,144.77

4.330

4.271

4.330
1 164741029-0
03-03 22 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 4.060

4.004

4.060
1 164741028-0
03-03 22 IF
First Amer Govt Oblig Fund Cl
197,690.47
197,690.47
197,690.47

4.330

4.271

4.330
1 164741010-0
03-03 22 SPE
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164741026-6
03-03 22 SRB
First Amer Govt Oblig Fund Cl
419,911.77
419,911.77
419,911.77

4.330

4.271

4.330
1 164741020-0
03-03 22 STIR
First Amer Govt Oblig Fund Cl
957,756.38
957,756.38
957,756.38

4.330

4.271

4.330
1 164741002-6
03-03 BOND F
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741022
03-03 STRB
First Amer Govt Oblig Fund Cl
08/01/2022

2.17 2.17

2.17 4.150

4.093

4.150
1 164741008-6
03-03IMP
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741006-6
03-03RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.180

0.178

0.180
1 164741000-6
03-03SPEC
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164742002-6
03-06 BOND F
First Amer Govt Oblig Fund Cl
26,493.15
26,493.15
26,493.15

4.330

4.271

4.330
1 164742000-6
03-06SPEC
First Amer Govt Oblig Fund Cl
185,205.18
185,205.18
185,205.18

4.330

4.271

4.330
1 229462007-6
03-1 2012 RF
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462002--6
03-1 BOND FD
First Amer Govt Oblig Fund Cl

4.39 4.39

4.39 4.330

4.271

4.330
1 229462009-6
03-1 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462006-6
03-1 RESERV
First Amer Govt Oblig Fund Cl
17,531.85
17,531.85
17,531.85

4.330

4.271

4.330
1 229462000-6
03-1 SPECF
First Amer Govt Oblig Fund Cl
548,117.39
548,117.39
548,117.39

4.330

4.271

4.330
1 94669921-6
03-1ACQ11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 94669911-6
03-1ACQA11
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669917-6
03-1 RES
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669916-6
03-1 RESB11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669000-6
03-1 SPTAX11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 276213002-6
03-2 REFU
First Amer Govt Oblig Fund Cl
696.25
696.25
696.25

4.330

4.271

4.330
1 276213000-6
03-2 SPEC
First Amer Govt Oblig Fund Cl
481,720.25
481,720.25
481,720.25

4.330

4.271

4.330
1 94686001-6
034ADMIN11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 94686005-6
034PREP11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.070

0.069

0.070
1 94686000-6
034RED11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.050

0.049

0.050
1 94686006-6
034RES11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 276213022-6
16-01 BOND F
First Amer Govt Oblig Fund Cl
111.01
111.01
111.01

4.330

4.271

4.330
1 276213023-6
16-01 CAPINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 276213029-6
16-01 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 Data Updated: SET _MTH: 04/20/2023 12:38
Run Date: 04/20/2023 - 12:38
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
February 28, 2023

Page 2 ends

4.330

4.271

4.330
1 276213026-6
16-01 RESERV
First Amer Govt Oblig Fund Cl
3,178,107.86
3,178,107.86
3,178,107.86

4.330

4.271

4.330
1 276213020-6
16-01 SPECF
First Amer Govt Oblig Fund Cl
2,329,557.05
2,329,557.05
2,329,557.05

4.330

4.271

4.330
1 276213025-1
16-01 SPECTF
First Amer Govt Oblig Fund Cl
09/30/2022
22,166.33
22,166.33
22,166.33

4.330

4.271

4.330
1 218848001-6
2017A&B INT
First Amer Govt Oblig Fund Cl

0.97 0.97

0.97 4.120

4.064

4.120
1 218848008-6
2017ABPRIORP
First Amer Govt Oblig Fund Cl
18,288.92
18,288.92
18,288.92

4.330

4.271

4.330
1 218848013-2
2017B COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 218848000-6
2017B DS
First Amer Govt Oblig Fund Cl
27,484.16
27,484.16
27,484.16

4.330

4.271

4.330
1 218848002-6
2017B PRIN
First Amer Govt Oblig Fund Cl

6.72 6.72

6.72 4.310

4.251

4.310
1 218848009-6
2017B_PROJ
First Amer Govt Oblig Fund Cl
5,270,101.19
5,270,101.19
5,270,101.19

4.330

4.271

4.330
1 233358009-6
233358009-6
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94434160-6
RDA-021NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94434161-6
RDA-02PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886000-6
RDA-06AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886001-6
RDA06APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886010-6
RDA06BINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886011-6
RDA06BPRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.680

0.671

0.680
1 107886016-6
RDA06BRES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886020-6
RDA071NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886021-6
RDA07PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.930

0.917

0.930
1 107886028-6
RDA07PROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886026-6
RDA07RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 136343008-6
RDA10APROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343018-6
RDA10BPROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343000-6
RDA10INT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343001-6
RDA10PRIN
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 136343006-6
RDA10RSRV
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 146161000-6
RDA11AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 146161001-6
RDA11APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669902-3
03-1 BOND3
First American Treasury
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94434160-1
RDA 02 INT1
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 94434161-2
RDA 02 PRIN2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 136343018-2
RDA 10B CIP2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 146161008-3
RDA11APROJ
Federated Institutional Tax Fr

0.00 0.00

0.00 0.800

0.789

0.800
1 146161006-3
RDA11ARSRV
Federated Institutional Tax Fr
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669921-5
03-01 ACQ11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669911-5
03-01 ACQA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-5
03-01 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 Data Updated: SET _MTH: 04/20/2023 12:38
Run Date: 04/20/2023 - 12:38
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
February 28, 2023

Page 3 ends

0.00 0.00

0.00 0.001

0.001

0.001
1 94669916-5
03-01 RESB11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669000-5
03-01SPTAX11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 164742006-5
03-06 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164742000-5
03-06 SPEC
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669902-5
03-1 bond fd
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686001-5
034 ADMIN11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94686005-5
034 PREP11
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686006-5
034 RES11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-1
03-01-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 276213008-1
03-02 IMP
CA Local Agency Investment Fun
8,252,777.49
8,252,777.49
8,252,777.49

2.010

1.982

2.010
1 164742006-1
03-06 RES-1
CA Local Agency Investment Fun
310,234.28
310,234.28
310,234.28

4.330

4.271

4.330
1 229462007-1
03-1 2012 RE
CA Local Agency Investment Fun
825,741.42
825,741.42
825,741.42

0.221

0.218

0.221
1 94669911-1
03-1 ACQ A2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 94669921-1
03-1 ACQ B2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 744727011-1
03-3 ACQ 2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 164741006-1
0303-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.620

0.612

0.620
1 107886028-1
RDA 07 PRO-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 107886026-1
RDA 07 RES-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 136343018-1
RDA 10B CIP1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 229462020-0
03-01 CASH
USBANK

0.89 0.89

0.89 0.000

0.000
1 164742006-0
03-06 Cash
USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 233358050-1
01-2 SPECESC
U.S. Treasury

0.00 0.00

0.00 0.360

0.355

0.360
1 Subtotal and Average 30,436,590.41
31,712,127.16
31,712,127.16
31,712,127.16

3.570

3.619
1 Retention Escrow Account

NOBEL COMPANY
3354 Banner Bank

0.00 0.00

0.00 0.150

0.148

0.150
1 218848050-0
2002 ESCROW USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848060-0
2006AESCRO USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848070-0
2006BESCRO USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 218848080-0
2007ESCROW USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 229462020-2
03-01 ESCROW U.S. Treasury

0.00 0.00

0.00 0.063

0.062

0.063
1 Subtotal and Average

0.00 0.00

0.000

1.00 1.00 1.00

0.000 0.000 1

0.000 0.000 1
Portfolio TEME
Data Updated: SET _MTH: 04/20/2023 12:38 NLI CP
Run Date: 04/20/2023 - 12:38
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
February 28, 2023

Page 4 ends

1.530

1.509

1.530
1 Subtotal and Average 12,307,418.17
13,950,419.58
13,950,419.58
13,950,419.58

1.509

1.530
1 Local Agency Investment Funds

SYSCITY
CITY CA Local Agency Investment Fun
72,427,772.05
71,079,837.47
72,427,772.05

0.206

0.203

0.206
1 SYSRDA
RDA CA Local Agency Investment Fun
1,914.71
1,879.08
1,914.71

0.365

0.360

0.365
1 SYSTCSD
TCSD CA Local Agency Investment Fun
26,477,993.28
25,985,218.18
26,477,993.28

0.365

0.360

0.365
1 Subtotal and Average 95,050,537.18
98,907,680.04
97,066,934.73
98,907,680.04

0.245

0.249
1 Money Market
31846V542
Money Mkt USBANK 08/31/2022
5,012,080.27
5,012,080.27
5,012,080.27

2.120

2.091

2.120
1 Subtotal and Average 7,740,644.24
5,012,080.27
5,012,080.27
5,012,080.27

2.091

2.120
1 Medium Term Notes
04685A3J8
01285
Athene Global Funding
10/06/2022
2,000,000.00
1,936,220.00
1,920,360.00

2.514

5.385

5.460
373 03/08/2024
06406RAJ6
01282
Bank of NY Mellon Corp
09/27/2022
1,000,000.00
992,310.00
994,200.00

3.450

4.100

4.157
163 08/11/2023
14913Q21-2
01276
Caterpillar Financial Service
08/31/2022
2,000,000.00
1,993,640.00
2,000,000.00

3.450

3.398

3.445
75 05/15/2023
25160PAM9
01292
Deutsche Bank NY
11/14/2022
1,000,000.00
991,390.00
961,560.00

5.371

6.220

6.306
1,653 09/09/2027
46849LSQ5
01294
Jackson Natl Life Global
12/23/2022
2,000,000.00
1,850,080.00
1,879,480.00

3.050

4.957

5.026
1,155 04/29/2026
594918BQ6
01279
Microsoft Corp
09/07/2022
2,000,000.00
1,973,780.00
1,973,940.00

2.000

3.403

3.451
160 08/08/2023
21688AAU6
01284
Cooperat Rabobank UA/NY
09/30/2022
2,000,000.00
1,960,440.00
1,968,180.00

3.875

4.696

4.761
540 08/22/2024
89236TJX4
01288
Toyota Motor Credit Corp
10/14/2022
2,000,000.00
1,943,120.00
1,940,540.00

2.500

4.595

4.659
387 03/22/2024
Subtotal and Average 13,638,260.00
14,000,000.00
13,640,980.00
13,638,260.00

4.501

4.564
507
Federal Agency Callable
Securities
3133EMQGO
01259
Federal Farm Credit Bank
02/10/2021
1,000,000.00
911,950.00
1,000,000.00

0.320

0.316

0.320
712 02/10/2025
3133EMK92
01265
Federal Farm Credit Bank
06/23/2021
1,000,000.00
904,270.00
1,000,000.00

0.580

0.572

0.580
845 06/23/2025
3133EMN57
01266
Federal Farm Credit Bank
06/28/2021
1,000,000.00
938,390.00
1,000,000.00

0.440

0.434

0.440
485 06/28/2024
3133EMP22
01267
Federal Farm Credit Bank
06/30/2021
1,000,000.00
881,720.00
1,000,000.00

0.910

0.898

0.910
1,217 06/30/2026
3133ENAP5
01273
Federal Farm Credit Bank
10/14/2021
1,000,000.00
900,040.00
1,000,000.00

0.800

0.789

0.800
958 10/14/2025
313OAKQ41
01258
Federal Home Loan Bank
01/28/2021
1,000,000.00
891,340.00
1,000,000.00

0.520

0.513

0.520
1,064 01/28/2026
3130ALEU4
01260
Federal Home Loan Bank
02/25/2021
1,000,000.00
920,760.00
1,000,000.00

0.350

0.345

0.350
635 11/25/2024
3130ALWV2
01261
Federal Home Loan Bank
04/21/2021
1,000,000.00
897,230.00
1,000,000.00

0.550

1.011

1.025
1,147 04/21/2026
3130AM2V3
01262
Federal Home Loan Bank
04/29/2021
1,000,000.00
920,500.00
1,000,000.00

0.700

0.690

0.700
790 04/29/2025
3130AMNMO
01263
Federal Home Loan Bank
05/27/2021
1,000,000.00
894,760.00
1,000,000.00

0.500

0.493

0.500
1,183 05/27/2026
3130AMM90
01264
Federal Home Loan Bank
06/10/2021
1,000,000.00
898,090.00
1,000,000.00

0.500

1.973

2.000
1,197 06/10/2026
Portfolio TEME
Data Updated: SET _MTH: 04/20/2023 12:38 NLI CP
Run Date: 04/20/2023 - 12:38
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
February 28, 2023

Page 5 ends

0.720

0.710

0.720
866 07/14/2025
3130ANAZ3
01269
Federal Home Loan Bank
07/28/2021
1,000,000.00
916,570.00
1,000,000.00

0.600

0.592

0.600
789 04/28/2025
3130AP3M5
01270
Federal Home Loan Bank
09/28/2021
1,000,000.00
911,270.00
1,000,000.00

0.550

0.542

0.550
758 03/28/2025
3134GXJL9
01257
Federal Home Loan Mtg Corp
12/30/2020
1,000,000.00
886,180.00
1,000,000.00

0.500

0.493

0.500
1,035 12/30/2025
3130APBV6
01271
Union Bank
10/07/2021
1,000,000.00
875,830.00
999,000.00

1.000

1.007

1.021
1,316 10/07/2026
3130APAM7
01272
Union Bank
10/14/2021
1,000,000.00
874,410.00
998,500.00

0.900

0.918

0.931
1,323 10/14/2026
Subtotal
and Average 16,997,500.00
17,000,000.00
15,328,820.00
16,997,500.00

0.723

0.733
960
Treasury Coupon Securities
912828T26
01281
U.S. Treasury
09/26/2022
2,000,000.00
1,957,340.00
1,945,703.13

1.375

4.088

4.145
213 09/30/2023
91282CEX5
01283
U.S. Treasury
09/29/2022
2,000,000.00
1,945,940.00
1,960,312.50

3.000

4.126

4.184
487 06/30/2024
91282CEX5
01287
U.S. Treasury
10/13/2022
2,000,000.00
1,945,940.00
1,955,312.50

3.000

4.304

4.364
487 06/30/2024
9128285P1
01289
U.S. Treasury
10/19/2022
2,000,000.00
1,967,180.00
1,966,093.75

2.875

4.387

4.448
274 11/30/2023
9128285UO
01290
U.S. Treasury
10/19/2022
2,000,000.00
1,959,460.00
1,957,265.63

2.625

4.412

4.473
305 12/31/2023
91282CFQ9
01291
U.S. Treasury
11/04/2022
2,000,000.00
1,981,260.00
1,988,281.25

4.375

4.622

4.687
610 10/31/2024
912828V23
01295
U.S. Treasury
02/09/2023
3,000,000.00
2,929,440.00
2,932,968.75

2.250

4.778

4.844
305 12/31/2023
Subtotal and Average
13,867,946.44
15,000,000.00
14,686,560.00
14,705,937.51

4.415

4.476
378
Federal Agency Bullet Securities
3133ELMA9
01254
Federal Farm Credit Bank
02/07/2020
1,000,000.00
983,990.00
1,000,000.00

1.420

1.401

1.420
159 08/07/2023
3133ELTU8
01256
Federal Farm Credit Bank
03/18/2020
1,000,000.00
957,850.00
1,000,000.00

0.920

0.907

0.920
383 03/18/2024
3133ENCA6
01274
Federal Farm Credit Bank
10/25/2021
1,000,000.00
931,310.00
1,000,000.00

0.700

0.690

0.700
604 10/25/2024
3135GO5G4
01278
Federal National Mtg Assn
09/02/2022
2,000,000.00
1,966,300.00
1,945,480.00

0.250

3.464

3.512
131 07/10/2023
Subtotal and Average
4,945,480.00
5,000,000.00
4,839,450.00
4,945,480.00

1.969

1.996
283
Supranational
4581XOEE4
01286
Inter -American Devel Bk
10/06/2022
1,000,000.00
975,080.00
985,430.00

3.250

4.069

4.126
488 07/01/2024
Subtotal and Average
985,430.00
1,000,000.00
975,080.00
985,430.00

4.069

4.126
488
Total and Average 207,508,684.45
201,582,310.05
197,212,454.74
200,854,917.56

1.600

1.622
153
Portfolio TEME
Data Updated: SET _MTH: 04/20/2023 12:38 NLI CP
Run Date: 04/20/2023 - 12:38
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Cash
February 28, 2023

Page 6 ends

Average
Purchase
Stated
YTM
YTM
Days to
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value Rate
360
365 Maturity
Passbook/Checking
Accounts
1453718479

WORKERS

BANK OF AMERICA MERRILL LYNC
07/01/2022
12,948.19
12,948.19
12,948.19

0.000

0.000
1 SYSPetty Cash
Petty Cash
City of Temecula
07/01/2022
3,911.00
3,911.00
3,911.00

0.000

0.000
1 SYSGen Ck Acct
Gen Ck Acct
Union Bank of California
14,768,978.11
14,768,978.11
14,768,978.11

0.000

0.000
1 SYSParking Ck

PARKING CITA
Union Bank of California
07/01/2022
15,523.00
15,523.00
15,523.00

0.000

0.000
1 Average Balance 0.00
1 Total Cash and Investments
Data Updated: SET _MTH: 04/20/2023 12:38
Run Date: 04/20/2023 - 12:38
207,508,684.45
216,383,670.35 212,013,815.04 215,656,277.86 1.600 1.622 153 Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0

Cash and Investments Report

CITY OF TEMECULA
Through February 2023
Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001

GENERAL FUND
$ 38,578,716.68 $
12,165,902.59 $
3,017,304.10
$
47,727,315.17
002

MEASURE S FUND
35,856,386.20
4,117,206.92
17,740.30
39,955,852.82
006

FIRE FACILITY ACQUISITION FUND
1,507,944.08
669.23
$
1,507,274.85
100

STATE GAS TAX FUND
1,923,812.43
-
-
1,923,812.43
102

RMRA-ROAD MAINTENANCE REHABILITATION ACT
2,774,787.28
201,291.46
1,320.78
2,974,757.96
103

STREETS MAINTENANCE FUND
6,455,596.94
-
2,865.00
6,452,731.94
105
NPDES
174,778.80

77.57 174,701.23
106

UPTOWN TEMECULA NEW STREETS IN LIEU FEES
893,671.32
396.61
893,274.71
108
ARPA
7,039,753.50
-
7,039,753.50
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
6,976,539.93
1,643.93
6,974,896.00
120

DEVELOPMENT IMPACT FUND
10,598,424.03
2,510,728.85
5,817.85
13,103,335.03
125

PEG PUBLIC EDUCATION & GOVERNMENT
750,801.74
45,646.50
526.98
795,921.26
145

TEMECULA ENERGY EFFICIENCY ASSET TEAM
838,083.46
-
371.94
837,711.52
150
AB 2766 FUND
325,743.04
-
10,140.13
315,602.91
160

SUPPLEMENTAL LAW ENFORCEMENT SERVICES
147,007.54
8,333.33
-
155,340.87
161

TEMECULA MAJOR CRIMES REWARD FUND

53.32 -

0.02 53.30
165

AFFORDABLE HOUSING
5,394,409.50
184.79
19,235.97
5,375,358.32
170

MEASURE A FUND
7,812,536.72
-
3,467.21
7,809,069.51
190

TEMECULA COMMUNITY SERVICES DISTRICT
2,784,435.93
215,159.63
767,534.17
2,232,061.39
191
TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT
857,359.30
-
380.50
856,978.80
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
448,563.32
-
26,648.62
421,914.70
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
846,338.49
101.66
5,017.28
841,422.87
195
TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
30,305.35
-

13.45 30,291.90
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
428,476.16
301.17
20,530.46
408,246.87
197

TEMECULA LIBRARY FUND
571,981.54
4,774.44
40,141.22
536,614.76
198

PUBLIC ART
158,538.90
35,133.14

85.95 193,586.09
210

CAPITAL IMPROVEMENT PROJECT FUND
7,548,456.57
2,375,116.17
5,659,572.47
4,264,000.27
275
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
214,261.31
682.01

7.66 214,935.66
277

CFD-RORIPAUGH
8,354,278.72
42,890.01

63.85 8,397,104.88
278

CFD-RORIPAUGH II
6,823,819.86
23,622.75
-
6,847,442.61
300

INSURANCE FUND
1,250,161.79
320.20
72,545.09
1,177,936.90
305

WORKER'S COMPENSATION
1,362,416.02
320.19
17,178.53
1,345,557.68
310

VEHICLES AND EQUIPMENT FUND
3,160,707.29
-
12,864.36
3,147,842.93
320

INFORMATION TECHNOLOGY
1,377,535.43
5,220.33
305,315.44
1,077,440.32
325

TECHNOLOGY REPLACEMENT FUND
2,485,170.45
-
8,163.78
2,477,006.67
330

CENTRAL SERVICES
24,180.05
342.98
19,258.55
5,264.48
335

CENTRAL SERVICES
329,179.76
-
146.09
329,033.67
340

FACILITIES
439,395.00
5,811.19
119,163.13
326,043.06
350

FACILITY REPLACEMENT FUND
825,419.82
-
366.32
825,053.50
380

SARDA DEBT SERVICE FUND
4,230,402.87
18,337.14
-
4,248,740.01
460
CFD 88-12 DEBT SERVICE FUND
95,211.71
-

42.25 95,169.46
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
1,282,426.14
402,881.76
400,783.56
1,284,524.34
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
1,406,051.87
404,100.83
399,244.14
1,410,908.56
474
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
7,175.90
-

3.18 7,172.72
475
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
1,410,310.42
957,767.86
956,329.36
1,411,748.92
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
555,071.16
163,222.18
161,452.75
556,840.59
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
1,253,147.68
377,194.35
374,228.07
1,256,113.96
478

CFD-RORIPAUGH II
5,547,969.83
2,172,659.69
2,165,090.29
5,555,539.23
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
15,325.48
363.21
14,962.27
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
125,922.71
242.18
125,680.53
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
65,822.83
528.81
65,294.02
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
6,400.31

69.27 6,331.04
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
27,675.17
383.72
27,291.45
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
47,304.29
184.50
47,119.79
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
10,054.47
190.76
9,863.71
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
137,428.51

60.99 137,367.52
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
31,071.92

89.62 30,982.30
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
15,827.40
193.32
15,634.08
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
3,563.18

54.02 3,509.16
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
101,225.43
21,874.61
79,350.82
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
38,718.18
591.44
38,126.74
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
13,679.75
347.78
13,331.97
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
13,386.39
239.16
13,147.23
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
91,020.98

40.40 90,980.58
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
2,765.47

37.00 2,728.47
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
72,634.35
341.40
72,292.95
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
89,084.90
186.38
88,898.52
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
292,703.12
129.90
292,573.22
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
2O9,262.65
1,421.13
207,941.52
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
11,480.14

40.87 11,439.27
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
29,447.49

82.58 29,364.91
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
66,646.26
406.10
66,240.16
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
77,807.11
157.40
77,649.71
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
2,345.27

1.04 2,344.23
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
10,727.64
267.71
10,459.93
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
641,444.30
2,794.03
638,650.27
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
8,446.76

18.77 8,427.99
530
SERVICE LEVEL"C"ZONE 30 FUTURE ZONES
36,226.05

16.08 36,209.97
701

PENSION RATE STABILIZATION FUND
$ 12,246,566.27
2,000,000.00
296,146.69
$
13,950,419.58
Grand Total:
$ 198,699,809.93 $
28,255,254.12 $
14,941,249.01
$
212,013,815.04
Journal Entries completed after January's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns.

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Summary
March 31, 2023
City of Temecula
41000 Main Street
Temecula, CA 92590
(951)694-6430
Par
Market
Book
% of
Days to
YTM
YTM
Investments
Value
Value
Value
Portfolio
Term
Maturity
360 Equiv.
365 Equiv.

Managed Pool Accounts
37,504,730.06
37,504,730.06
37,504,730.06

17.69 1
1 3.882

3.936
Letter of Credit

3.00 3.00

3.00 0.00
1 1

0.000

0.000
Trust Accounts
14,148,878.97
14,148,878.97
14,148,878.97

6.68 1
1 1.509

1.530
Local Agency Investment Funds
103,907,680.04
102,505,999.62
103,907,680.04

49.02 1
1 0.251

0.254
Money Market
5,130,134.18
5,130,134.18
5,130,134.18

2.42 1
1 2.091

2.120
Medium Term Notes
14,000,000.00
13,684,200.00
13,638,260.00

6.43 650
476

4.501

4.564
Federal Agency Callable Securities
17,000,000.00
15,652,110.00
16,997,500.00

8.02 1,590
929

0.723

0.733
Treasury Coupon Securities
15,000,000.00
14,790,030.00
14,705,937.51

6.94 493
347

4.415

4.476
Federal Agency Bullet Securities
5,000,000.00
4,875,000.00
4,945,480.00

2.33 898
252

1.969

1.996
Supranational
1,000,000.00
985,210.00
985,430.00

0.46 634
457

4.069

4.126
212,691,426.25
209,276,295.83
211,964,033.76
100.00%
228
138

1.680

1.703
Investments
Cash
Passbook/Checking
(not included in yield calculations)
Total Cash and Investments
Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
7,089,502.30 7,089,502.30 7,089,502.30 1 1 0.000 0.000
219,780,928.55 216,365,798.13 219,053,536.06 228 138 1.680 1.703 March 31 Month Ending
245,880.15
221,371,611.58

1.31 %
Fiscal Year To Date
1,546,299.16
218,218,163.52

0.94%
Reporting period 03/01/2023-03/31/2023 Portfolio TEME
Data Updated: SET_MTH: 05/09/2023 10:04 NL! CP
Run Date: 05/09/2023 -10:05 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
March 31, 2023

Page 1 ends

56.68 56.68

56.68 4.600

4.537

4.600
1 233358006-6
01-2 REF RES
First Amer Govt Oblig Fund Cl
500,025.82
500,025.82
500,025.82

4.610

4.547

4.610
1 233358000-6
01-2 REF ST
First Amer Govt Oblig Fund Cl
184,595.06
184,595.06
184,595.06

4.610

4.547

4.610
1 233358005-1
01-2 SPECF
First Amer Govt Oblig Fund Cl
09/30/2022
12,146.17
12,146.17
12,146.17

4.610

4.547

4.610
1 276213009-6
03-02 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 276213008-6
03-02 IMPR
First Amer Govt Oblig Fund Cl
528.52
528.52
528.52

4.610

4.547

4.610
1 276213006-6
03-02 RES
First Amer Govt Oblig Fund Cl
756,634.29
756,634.29
756,634.29

4.610

4.547

4.610
1 164741029-0
03-03 22 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 4.060

4.004

4.060
1 164741028-0
03-03 22 IF
First Amer Govt Oblig Fund Cl
198,343.07
198,343.07
198,343.07

4.610

4.547

4.610
1 164741010-0
03-03 22 SPE
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164741026-6
03-03 22 SRB
First Amer Govt Oblig Fund Cl
421,297.95
421,297.95
421,297.95

4.610

4.547

4.610
1 164741020-0
03-03 22 STR
First Amer Govt Oblig Fund Cl
594,410.48
594,410.48
594,410.48

4.610

4.547

4.610
1 164741002-6
03-03 BOND F
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741022
03-03 STRB
First Amer Govt Oblig Fund Cl
08/01 /2022

2.18 2.18

2.18 4.590

4.527

4.590
1 164741008-6
03-03IMP
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164741006-6
03-03RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.180

0.178

0.180
1 164741000-6
03-03SPEC
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.620

0.612

0.620
1 164742002-6
03-06 BOND F
First Amer Govt Oblig Fund Cl

87.46 87.46

87.46 4.610

4.547

4.610
1 164742000-6
03-06SPEC
First Amer Govt Oblig Fund Cl
154,402.11
154,402.11
154,402.11

4.610

4.547

4.610
1 229462007-6
03-1 2012 RF
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462002--6
03-1 BOND FD
First Amer Govt Oblig Fund Cl

0.01 0.01

0.01 4.330

4.271

4.330
1 229462009-6
03-1 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462006-6
03-1 RESERV
First Amer Govt Oblig Fund Cl
17,589.72
17,589.72
17,589.72

4.610

4.547

4.610
1 229462000-6
03-1 SPECF
First Amer Govt Oblig Fund Cl
386,376.16
386,376.16
386,376.16

4.610

4.547

4.610
1 94669921-6
03-1ACQ11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 94669911-6
03-1ACQA11
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669917-6
03-1 RES
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669916-6
03-1 RESB11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669000-6
03-1 SPTAX11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 276213002-6
03-2 REFU
First Amer Govt Oblig Fund Cl

2.30 2.30

2.30 4.780

4.715

4.780
1 276213000-6
03-2 SPEC
First Amer Govt Oblig Fund Cl
322,759.31
322,759.31
322,759.31

4.610

4.547

4.610
1 94686001-6
03-4ADMINI1
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 94686005-6
03-4PREP11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.070

0.069

0.070
1 94686000-6
03-4RED11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.050

0.049

0.050
1 94686006-6
034RES11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 276213022-6
16-01 BOND F
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 4.330

4.271

4.330
1 276213033
16-01 CAPIN2
First Amer Govt Oblig Fund Cl
03/01/2023
137,872.22
137,872.22
137,872.22

4.610

4.547

4.610
1 Data Updated: SET_MTH: 05/09/2023 10:04
Run Date: 05/09/2023 - 10:05
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
March 31, 2023

Page 2 ends

0.00 0.00

0.00 0.870

0.858

0.870
1 276213029-6
16-01 COI
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 276213039
16-01 C012
First Amer Govt Oblig Fund Cl
03/01/2023
102,354.76
102,354.76
102,354.76

4.610

4.547

4.610
1 276213028-6
16-01 IMP
First Amer Govt Oblig Fund Cl
6,870,046.84
6,870,046.84
6,870,046.84

4.610

4.547

4.610
1 276213038
16-01 IMPF2
First Amer Govt Oblig Fund Cl
03/01/2023
7,525,225.70
7,525,225.70
7,525,225.70

4.610

4.547

4.610
1 276213026-6
16-01 RESERV
First Amer Govt Oblig Fund Cl
3,188,599.18
3,188,599.18
3,188,599.18

4.610

4.547

4.610
1 276213020-6
16-01 SPECF
First Amer Govt Oblig Fund Cl
1,141,194.21
1,141,194.21
1,141,194.21

4.610

4.547

4.610
1 276213025-1
16-01 SPECTF
First Amer Govt Oblig Fund Cl
09/30/2022
22,239.50
22,239.50
22,239.50

4.610

4.547

4.610
1 276213036
16-01 RESF2
First Amer Govt Oblig Fund Cl
03/01/2023
245,754.64
245,754.64
245,754.64

4.610

4.547

4.610
1 218848001-6
2017A&B INT
First Amer Govt Oblig Fund Cl

0.97 0.97

0.97 4.120

4.064

4.120
1 218848008-6
2017ABPRIORP
First Amer Govt Oblig Fund Cl
18,349.29
18,349.29
18,349.29

4.610

4.547

4.610
1 218848013-2
2017B COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 218848000-6
2017B DS
First Amer Govt Oblig Fund Cl
27,574.89
27,574.89
27,574.89

4.610

4.547

4.610
1 218848002-6
2017B PRIN
First Amer Govt Oblig Fund Cl

6.74 6.74

6.74 4.600

4.537

4.600
1 218848009-6
201713_PROJ
First Amer Govt Oblig Fund Cl
5,287,498.43
5,287,498.43
5,287,498.43

4.610

4.547

4.610
1 233358009-6
233358009-6
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94434160-6
RDA-021NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94434161-6
RDA-02PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886000-6
RDA-06AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886001-6
RDA06APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886010-6
RDA06BINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886011-6
RDA06BPRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.680

0.671

0.680
1 107886016-6
RDA06BRES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886020-6
RDA071NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886021-6
RDA07PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.930

0.917

0.930
1 107886028-6
RDA07PROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886026-6
RDA07RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 136343008-6
RDA10APROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343018-6
RDA10BPROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343000-6
RDA10INT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343001-6
RDA10PRIN
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 136343006-6
RDA10RSRV
First Amer Govt Oblig Fund Cl
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 146161000-6
RDA11AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 146161001-6
RDA11APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669902-3
03-1 BOND3
First American Treasury
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94434160-1
RDA 02 INT1
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 94434161-2
RDA 02 PRIN2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 Portfolio TEME
Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP
Run Date: 05/09/2023 - 10:05
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
March 31, 2023

Page 3 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
136343018-2
RDA 10B CIP2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 146161008-3
RDA11APROJ
Federated Institutional Tax Fr

0.00 0.00

0.00 0.800

0.789

0.800
1 146161006-3
RDA11ARSRV
Federated Institutional Tax Fr
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669921-5
03-01 ACQ11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669911-5
03-01 ACQA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-5
03-01 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94669906-5
03-01 RESA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.001

0.001

0.001
1 94669916-5
03-01 RESB11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669000-5
03-01SPTAX11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 164742006-5
03-06 RES
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 164742000-5
03-06 SPEC
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669902-5
03-1 bond fd
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686001-5
034 ADMIN11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94686005-5
034 PREP11
Federated Tax Free Obligations
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 94686006-5
034 RES11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-1
03-01-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 276213008-1
03-02 IMP
CA Local Agency Investment Fun
8,252,777.49
8,252,777.49
8,252,777.49

2.010

1.982

2.010
1 164742006-1
03-06 RES-1
CA Local Agency Investment Fun
310,235.60
310,235.60
310,235.60

4.000

3.945

4.000
1 229462007-1
03-1 2012 RE
CA Local Agency Investment Fun
825,741.42
825,741.42
825,741.42

0.221

0.218

0.221
1 94669911-1
03-1 ACQ A2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 94669921-1
03-1 ACQ B2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 744727011-1
03-3 ACQ 2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 164741006-1
0303-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.620

0.612

0.620
1 107886028-1
RDA 07 PRO-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 107886026-1
RDA 07 RES-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 136343018-1
RDA 10B CIP1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 229462020-0
03-01 CASH
USBANK

0.89 0.89

0.89 0.000

0.000
1 164742006-0
03-06 Cash
USBANK
07/01/2022

0.00 0.00

0.00 0.000

0.000
1 233358050-1
01-2 SPECESC
U.S. Treasury

0.00 0.00

0.00 0.360

0.355

0.360
1 Subtotal and Average 37,504,730.06 37,504,730.06 37,504,730.06 37,504,730.06 3.882 3.936 Retention Escrow Account

NOBEL COMPANY
3354
Banner Bank

0.00 0.00

0.00 0.150

0.148

0.150
218848050-0
2002 ESCROW
USBANK
07/01/2022 0.00

0.00 0.00

0.000

0.000
218848060-0
2006AESCRO
USBANK
07/01/2022 0.00

0.00 0.00

0.000

0.000
218848070-0
2006BESCRO
USBANK
07/01/2022 0.00

0.00 0.00

0.000

0.000
Portfolio TEME
Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP
Run Date: 05/09/2023 - 10:05
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Page
Portfolio Details - Investments
March 31, 2023
Average Purchase
Stated
YTM
YTM Days to
Maturity
CUSIP Investment # Issuer
Balance Date Par Value Market Value
Book Value Rate
360
365 Maturity
Date
Retention Escrow Account
218848080-0 2007ESCROW USBANK
07/01/2022 0.00 0.00

0.00 0.000

0.000 1
229462020-2 03-01 ESCROW U.S. Treasury

0.00 0.00

0.00 0.063

0.062

0.063 1
Subtotal and Average

0.00 0.00 0.00

0.00 0.000

0.000 0
Letter of Credit
164741026-1 03-03 22 Res ASSURED GUARANTY MUNICIPAL COR 07/01/2022 1.00 1.00 1.00 0.000 0.000 1 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2022 1.00 1.00 1.00 0.000 0.000 1 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2022 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1
Trust Accounts
6746058700 PARS Pension US Bank Trust
Subtotal and Average
13,956,821.50
Local Agency Investment Funds

SYSCITY CITY
CA Local Agency Investment Fun

SYSRDA RDA
CA Local Agency Investment Fun

SYSTCSD TCSD
CA Local Agency Investment Fun
Subtotal and Average 99,068,970.36
Money Market
31846V542 Money Mkt USBANK
Subtotal and Average
Medium Term Notes
04685A3J8
01285
Athene Global Funding
06406RAJ6
01282
Bank of NY Mellon Corp
14913Q21-2
01276
Caterpillar Financial Service
25160PAM9
01292
Deutsche Bank NY
46849LSQ5
01294
Jackson Natl Life Global
594918BQ6
01279
Microsoft Corp
21688AAU6
01284
Cooperat Rabobank UA/N
89236TJX4
01288
Toyota Motor Credit Corp
Subtotal and Average
08/31 /2022
5,015,888.46
10/06/2022
09/27/2022
08/31 /2022
11/14/2022
12/23/2022
09/07/2022
Y 09/30/2022
10/14/2022
13,638,260.00
14,148,878.97 14,148,878.97
14,148,878.97
14,148,878.97
72,427,772.05 71,450,745.23
1,914.71 1,888.88
31,477,993.28 31,053,365.51
103,907,680.04 102, 505,999.62
5,130,134.18 5,130,134.18
5,130,134.18
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
14,000,000.00
5,130,134.18
1,929,340.00
993,170.00
1,996,860.00
980,010.00
1,884,300.00
1,979,780.00
1,969,280.00
1,951,460.00
13,684,200.00
14,148, 878.97 1.530 1.509 1.530 1
14,148, 878.97 1.509 1.530 1
72,427,772.05 0.206

0.203

0.206 1
1,914.71 0.365

0.360

0.365 1
31,477,993.28 0.365

0.360

0.365 1
103,907,680.04

0.251

0.254 1
5,130,134.18 2.120 2.091 2.120 1
5,130,134.18 2.091 2.120 1
1,920,360.00

2.514

5.385

5.460
342
03/08/2024
994,200.00

3.450

4.100

4.157
132
08/11/2023
2,000,000.00

3.450

3.398

3.445
44 05/15/2023
961,560.00

5.371

6.220

6.306
1,622
09/09/2027
1,879,480.00

3.050

4.957

5.026
1,124
04/29/2026
1,973,940.00

2.000

3.403

3.451
129
08/08/2023
1,968,180.00

3.875

4.696

4.761
509
08/22/2024
1,940,540.00

2.500

4.595

4.659
356
03/22/2024
13,638,260.00

4.501

4.564
476
Portfolio TEME
Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP
Run Date: 05/09/2023 - 10:05
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
March 31, 2023

Page 5 ends

CUSIP
Investment #
Average
Issuer Balance
Purchase
Date
Par Value
Market Value
Book Value
Stated
Rate
YTM
360
YTM Days to Maturity
365 Maturity Date
Federal Agency Callable Securities
3133EMQGO
01259
Federal Farm Credit Bank
02/10/2021
1,000,000.00
928,280.00
1,000,000.00

0.320

0.316

0.320
681 02/10/2025
3133EMK92
01265
Federal Farm Credit Bank
06/23/2021
1,000,000.00
925,070.00
1,000,000.00

0.580

0.572

0.580
814 06/23/2025
3133EMN57
01266
Federal Farm Credit Bank
06/28/2021
1,000,000.00
949,060.00
1,000,000.00

0.440

0.434

0.440
454 06/28/2024
3133EMP22
01267
Federal Farm Credit Bank
06/30/2021
1,000,000.00
903,530.00
1,000,000.00

0.910

0.898

0.910
1,186 06/30/2026
3133ENAP5
01273
Federal Farm Credit Bank
10/14/2021
1,000,000.00
922,110.00
1,000,000.00

0.800

0.789

0.800
927 10/14/2025
313OAKQ41
01258
Federal Home Loan Bank
01/28/2021
1,000,000.00
909,560.00
1,000,000.00

0.520

0.513

0.520
1,033 01/28/2026
3130ALEU4
01260
Federal Home Loan Bank
02/25/2021
1,000,000.00
936,390.00
1,000,000.00

0.350

0.345

0.350
604 11/25/2024
3130ALWV2
01261
Federal Home Loan Bank
04/21/2021
1,000,000.00
919,690.00
1,000,000.00

0.550

1.011

1.025
1,116 04/21/2026
3130AM2V3
01262
Federal Home Loan Bank
04/29/2021
1,000,000.00
936,150.00
1,000,000.00

0.700

0.690

0.700
759 04/29/2025
3130AMNMO
01263
Federal Home Loan Bank
05/27/2021
1,000,000.00
913,910.00
1,000,000.00

0.500

0.493

0.500
1,152 05/27/2026
3130AMM90
01264
Federal Home Loan Bank
06/10/2021
1,000,000.00
919,580.00
1,000,000.00

0.500

1.973

2.000
1,166 06/10/2026
3130AN4N7
01268
Federal Home Loan Bank
07/14/2021
1,000,000.00
926,640.00
1,000,000.00

0.720

0.710

0.720
835 07/14/2025
3130ANAZ3
01269
Federal Home Loan Bank
07/28/2021
1,000,000.00
932,300.00
1,000,000.00

0.600

0.592

0.600
758 04/28/2025
3130AP3M5
01270
Federal Home Loan Bank
09/28/2021
1,000,000.00
926,830.00
1,000,000.00

0.550

0.542

0.550
727 03/28/2025
3134GXJL9
01257
Federal Home Loan Mtg Corp
12/30/2020
1,000,000.00
907,730.00
1,000,000.00

0.500

0.493

0.500
1,004 12/30/2025
3130APBV6
01271
Union Bank
10/07/2021
1,000,000.00
900,920.00
999,000.00

1.000

1.007

1.021
1,285 10/07/2026
3130APAM7
01272
Union Bank
10/14/2021
1,000,000.00
894,360.00
998,500.00

0.900

0.918

0.931
1,292 10/14/2026
Subtotal and Average 16,997,500.00 17,000,000.00 15,652,110.00 16,997,500.00 0.723 0.733 929 Treasury Coupon Securities
912828T26
01281
U.S. Treasury
09/26/2022
2,000,000.00
1,967,660.00
1,945,703.13

1.375

4.088

4.145
182 09/30/2023
91282CEX5
01283
U.S. Treasury
09/29/2022
2,000,000.00
1,964,140.00
1,960,312.50

3.000

4.126

4.184
456 06/30/2024
91282CEX5
01287
U.S. Treasury
10/13/2022
2,000,000.00
1,964,140.00
1,955,312.50

3.000

4.304

4.364
456 06/30/2024
9128285P1
01289
U.S. Treasury
10/19/2022
2,000,000.00
1,976,020.00
1,966,093.75

2.875

4.387

4.448
243 11/30/2023
9128285UO
01290
U.S. Treasury
10/19/2022
2,000,000.00
1,970,000.00
1,957,265.63

2.625

4.412

4.473
274 12/31/2023
91282CFQ9
01291
U.S. Treasury
11/04/2022
2,000,000.00
2,002,340.00
1,988,281.25

4.375

4.622

4.687
579 10/31/2024
912828V23
01295
U.S. Treasury
02/09/2023
3,000,000.00
2,945,730.00
2,932,968.75

2.250

4.778

4.844
274 12/31/2023
Subtotal and Average 14,705,937.51
15,000,000.00
14,790,030.00
14,705,937.51

4.415

4.476
347
Federal Agency Bullet Securities
3133ELMA9
01254
Federal Farm Credit Bank
02/07/2020
1,000,000.00
988,550.00
1,000,000.00

1.420

1.401

1.420
128 08/07/2023
3133ELTU8
01256
Federal Farm Credit Bank
03/18/2020
1,000,000.00
966,490.00
1,000,000.00

0.920

0.907

0.920
352 03/18/2024
3133ENCA6
01274
Federal Farm Credit Bank
10/25/2021
1,000,000.00
943,040.00
1,000,000.00

0.700

0.690

0.700
573 10/25/2024
3135G05G4
01278
Federal National Mtg Assn
09/02/2022
2,000,000.00
1,976,920.00
1,945,480.00

0.250

3.464

3.512
100 07/10/2023
Subtotal and Average 4,945,480.00
5,000,000.00
4,875,000.00
4,945,480.00

1.969

1.996
252
Portfolio TEME
Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP
Run Date: 05/09/2023 - 10:05
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
March 31, 2023

Page 6 ends

Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Supranational
4581XOEE4 01286 Inter -American Devel Bk 10/06/2022 1,000,000.00 985,210.00 985,430.00 3.250 4.069 4.126 457 07/01/2024 Subtotal and Average 985,430.00 1,000,000.00 985,210.00 985,430.00 4.069 4.126 457 Total and Average
Data Updated: SET_MTH: 05/09/2023 10:04
Run Date: 05/09/2023 - 10:05
221,371,611.58 212,691,426.25 209,276,295.83 211,964,033.76 1.680 1.703 138 Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Cash
March 31, 2023

Page 7 ends

Average
Purchase
Stated
YTM
YTM Days to
CUSIP Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value Rate
360
365 Maturity
Passbook/Checking Accounts
1453718479 WORKERS

BANK OF AMERICA MERRILL LYNC
07/01/2022
22,000.75
22,000.75
22,000.75

0.000

0.000 1
SYSPetty Cash Petty Cash
City of Temecula
07/01/2022
3,911.00
3,911.00
3,911.00

0.000

0.000 1
SYSGen Ck Acct Gen Ck Acct
Union Bank of California
7,019,167.55
7,019,167.55
7,019,167.55

0.000

0.000 1
SYSParking Ck PARKING CITA
Union Bank of California
07/01/2022
44,423.00
44,423.00
44,423.00

0.000

0.000 1
Average Balance 0.00
Total Cash and Investments
221, 371, 611.58
O
219,780,928.55 216,365,798.13 219,053,536.06 1.680 1.703 138 Portfolio TEME
Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP
Run Date: 05/09/2023 - 10:05
PM (PRF_PM2) 7.3.0

Cash and Investments Report

CITY OF TEMECULA
Through March 2023
Fund 9 Fund Name Beginning Balance Receipts Disbursements Fund Total 001

GENERAL FUND
$
47,727,315.17 $
14,485,097.42 $
17,940,324.72
$
44,272,087.87
002

MEASURE S FUND
39,955,852.82
3,129,817.36
415,000.00
42,670,670.18
006

FIRE FACILITY ACQUISITION FUND
1,507,274.85
4,017.68
-
$
1,511,292.53
100

STATE GAS TAX FUND
1,923,812.43
227,126.43
2,150,938.86
102

RMRA-ROAD MAINTENANCE REHABILITATION ACT
2,974,757.96
203,564.01
3,178,321.97
103

STREETS MAINTENANCE FUND
6,452,731.94
17,199.93
6,469,931.87
105
NPDES
174,701.23
465.67
175,166.90
106

UPTOWN TEMECULA NEW STREETS IN LIEU FEES
893,274.71
2,381.05
895,655.76
108
ARPA
7,039,753.50
-
7,039,753.50
-
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
6,974,896.00
7,040,000.00
264,937.45
13,749,958.55
120

DEVELOPMENT IMPACT FUND
13,103,335.03
344,017.89
87,706.10
13,359,646.82
125

PEG PUBLIC EDUCATION & GOVERNMENT
795,921.26
2,121.55
-
798,042.81
145

TEMECULA ENERGY EFFICIENCY ASSET TEAM
837,711.52
2,232.94
839,944.46
150
AB 2766 FUND
315,602.91
34,951.80
350,554.71
160

SUPPLEMENTAL LAW ENFORCEMENT SERVICES
155,340.87
16,666.66
172,007.53
161

TEMECULA MAJOR CRIMES REWARD FUND

53.30 0.14
-

53.44 165

AFFORDABLE HOUSING
5,375,358.32
14,259.18
34,064.36
5,355,553.14
170

MEASURE A FUND
7,809,069.51
870,834.93
28,268.43
8,651,636.01
190

TEMECULA COMMUNITY SERVICES DISTRICT
2,232,061.39
270,914.05
1,826,686.02
676,289.42
191
TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT
856,978.80
2,284.30
-
859,263.10
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
421,914.70
1,054.04
26,482.43
396,486.31
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
841,422.87
2,202.27
15,219.47
828,405.67
195
TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
30,291.90

80.74 -
30,372.64
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
408,246.87
1,272.41
26,808.38
382,710.90
197

TEMECULA LIBRARY FUND
536,614.76
7,370.53
106,973.08
437,012.21
198

PUBLIC ART
193,586.09
3,901.75
-
197,487.84
210

CAPITAL IMPROVEMENT PROJECT FUND
4,264,000.27
1,648,974.91
3,284,164.12
2,628,811.06
275
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
214,935.66
698.57
215,634.23
277

CFD-RORIPAUGH
8,397,104.88
385.04
8,397,489.92
278

CFD-RORIPAUGH II
6,847,442.61
15,073,055.63
7,525,225.70
14,395,272.54
300

INSURANCE FUND
1,177,936.90
137,689.23
46,368.43
1,269,257.70
305

WORKER'S COMPENSATION
1,345,557.68
78,426.44
110,093.75
1,313,890.37
310

VEHICLES AND EQUIPMENT FUND
3,147,842.93
97,117.16
38,454.49
3,206,505.60
320

INFORMATION TECHNOLOGY
1,077,440.32
1,259,685.93
397,188.02
1,939,938.23
325

TECHNOLOGY REPLACEMENT FUND
2,477,006.67
51,195.33
7,576.07
2,520,625.93
330

CENTRAL SERVICES
5,264.48
83,096.00
35,552.80
52,807.68
335

CENTRAL SERVICES
329,033.67
11,237.31
-
340,270.98
340

FACILITIES
326,043.06
467,351.02
150,282.14
643,111.94
350

FACILITY REPLACEMENT FUND
825,053.50
20,607.20
-
845,660.70
380

SARDA DEBT SERVICE FUND
4,248,740.01
17,548.36
4,266,288.37
460
CFD 88-12 DEBT SERVICE FUND
95,169.46
253.68
-
95,423.14
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
1,284,524.34
3,662.99
346,493.75
941,693.58
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
1,410,908.56
1,498.66
163,134.39
1,249,272.83
474
AD 034 JOHN WARNER ROAD DEBT SERVICE
7,172.72

19.12 -
7,191.84
475
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
1,411,748.92
3,631.12
365,500.00
1,049,880.04
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
556,840.59
623.12
57,737.51
499,726.20
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
1,256,113.96
3,739.88
160,853.13
1,099,000.71
478

CFD-RORIPAUGH II
5,555,539.23
2,639,067.59
3,384,586.83
4,810,019.99
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
14,962.27

27.15 4,775.62
10,213.80
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
125,680.53
326.41
3,224.50
122,782.44
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
65,294.02
149.99
9,024.35
56,419.66
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
6,331.04

15.01 701.37
5,644.68
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
27,291.45

63.32 3,537.38
23,817.39
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
47,119.79
119.37
2,337.98
44,901.18
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
9,863.71

22.26 1,510.87
8,375.10
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
137,367.52
268.32
36,703.56
100,932.28
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
30,982.30

81.94 241.23
30,823.01
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
15,634.08

39.77 713.95
14,959.90
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
3,509.16

8.79 210.87
3,307.08
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
79,350.82
186.98
9,205.19
70,332.61
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
38,126.74

82.64 7,122.20
31,087.18
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
13,331.97

32.14 1,275.36
12,088.75
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
13,147.23

32.50 953.83
12,225.90
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
90,980.58
234.94
2,842.25
88,373.27
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
2,728.47

6.67 226.78
2,508.36
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
72,292.95
134.46
21,850.23
50,577.18
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
88,898.52
221.90
5,651.39
83,469.03
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
292,573.22
714.35
24,578.66
268,708.91
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
2O7,841.52
430.47
46,346.88
161,925.11
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
11,439.27

29.38 416.67
11,051.98
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
29,364.91

76.59 631.40
28,810.10
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
66,240.16
144.49
12,033.37
54,351.28
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
77,649.71
196.47
3,943.59
73,902.59
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
2,344.23

5.60 245.09
2,104.74
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
10,459.93

26.26 609.52
9,876.67
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
638,650.27
1,572.76
48,611.42
591,611.61
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
8,427.99

21.71 283.90
8,165.80
530
SERVICE LEVEL"C"ZONE 30 FUTURE ZONES
36,209.97

96.52 -
36,306.49
701

PENSION RATE STABILIZATION FUND
$
13,950,419.58
198,459.39
-
$
14,148,878.97
Grand Total:
$
212,013,815.04 $
48,487,227.57 $
44,135,244.48
$
216,365,798.13
Journal Entries completed after February's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns.

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: May 23, 2023
SUBJECT: Approve Second Amendment with Eide Bailly, LLP for Audit Services for the Fiscal Years Ending June 30, 2023, 2024 and 2025
PREPARED BY: Brigitta Bartha, Fiscal Services Manager
RECOMMENDATION: That the City Council:

Approve the second amendment with Eide Bailly, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ending June 30, 2023, through June 30, 2025, for a total amount not to exceed $251,473.

2. Authorize the City Manager to approve additional work up to ten percent (10%) of the amount of the agreement as approved by City Council.

BACKGROUND: Following best practices, in 2018, City Staff completed a Request for Proposal process to ascertain whether the City was receiving market pricing for professional auditing services and to determine the most qualified firm to meet the City's needs at that time.

On June 12, 2018, the City Council approved a five-year agreement with Vavrinek, Trine, Day & Co., LLP, Certified Public Accountants, to serve as the City's independent auditors for the fiscal year ended June 30, 2018, through June 30, 2022, for a total contract amount of $294,895 plus contingency in the amount of $29,489.50.

On July 22, 2019, Vavrinek, Trine, Day & Co. LLP was acquired by Eide Bailly, LLP and, subsequently, on September 19, 2019, the City and consultant entered that FIRST AMENDMENT to change the name of the consultant. All sections of the agreement that referred to the consultant as "Vavrinek, Trine, Day & Co., LLP" were changed to "Eide Bailly, LLP" pursuant to the name and ownership change.

As the existing agreement is nearing the end of its term, City Staff are recommending that the agreement term be extended through June 30, 2026. Staff believes that maintaining continuity with the auditors is appropriate as the firm is familiar with the City's accounting system and procedures, which will enable their professional staff to perform their audit work in a timely manner and minimize disruption to City staff during the audit. Moreover, the City is implementing a new financial accounting system on July 1, 2023, requiring additional review by the audit firm.

Because of their understanding of the City's current financial system and accounting procedures, the audit firm will be able to implement more efficient audit procedures to ensure the financial

data housed in the legacy accounting system is appropriately transferred to the new system. In addition to their understanding of the City's finances, the audit firm has assisted the City in implementing new accounting and audit requirements, provided guidance on the accounting treatment of various complex transactions engaged in by the City including the debt refinancing of the CFD and SARDA bonds, and have completed their work in a timely manner.

FISCAL IMPACT: There are sufficient funds budgeted in the Finance Department line item 001.140.999.5248, Consulting Services, for these audit services.

ATTACHMENTS: Second Amendment

SECOND AMENDMENT TO AGREEMENT BETWEEN

CITY OF TEMECULA AND EIDE BAILLY, LLP

FINANCIAL AUDIT SERVICES
THIS SECOND AMENDMENT is made and entered into as of May 23, 2023, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Eide Bailly, LLP a Partnership (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On June 12, 2018, the City and Consultant entered into that certain Agreement entitled "Agreement for FISCAL AUDIT SERVICES," in the amount of $294,895.00 plus contingency in the amount of $29,489.50.
b. On July 22, 2019, Vavrinek, Trine, Day & Co. LLP was acquired by Eide Bailly, LLP.

C. On September 19, 2019, the City and Consultant entered into that FIRST AMENDMENT to change the name of the Consultant. All sections of the Agreement, that referred to the Consultant as Wavrinek, Trine, Day & Co., LLP" was changed to "Eide Bailly, LLP" pursuant to the name and ownership change of said company on July 22, 2019. d. The parties now desire to extend the term of the agreement to June 30, 2026, increase the payment in the amount of not to exceed $251,473, and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:
"This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2026 unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Two Hundred Fifty -One Thousand Four Hundred Seventy -Three Dollars and No Cents ($251,473.00), for a total Agreement amount of Five Hundred Seventy -Five Thousand Eight Hundred Fifty -Seven Dollars and Fifty Cents ($575,857.50).

4. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as follows:
08/09/2021

"Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Eide Bailly, LLP
David Showalter
10681 Foothill Blvd., Ste. 300
Rancho Cucamonga, CA

5. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. [or-DIMIYE

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Zak Schwank, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

EIDE BAILLY LLP
�I
�I
Z�avid E. Showalter, Partner
By:

Peter M. Thorson, City Attorney CONSULTANT
Eide Bailly LLP
David E. Showalter
10681 Foothill Blvd., Ste 300 Rancho
Cucamonga, CA 91730
909.466.4410
909.466.4431
[email protected]
City Purchasing Mgr.

Initials and Date:
5/11 /2023
3 08/09/2021

ATTACHMENT A
08/09/2021

EXHIBIT B
Cost for services shall be as per Consultant's attached proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $575,857.50 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. Attached hereto and incorporated herein as though set forth in full is the additional pricing as provided by the Consultant. 08/09/2021

EideBailly.

CPAs & BUSINESS ADVISORS
April 5, 2023
Ms. Jennifer Hennessy
Director of Finance
City of Temecula, California
Dear Ms. Hennessy,
We appreciate the opportunity to serve the City of Temecula ("the City") as the independent auditor. This letter is intended to set -forth the understanding that, at the request of the City we will continue to provide the City with independent auditing services for the Fiscal Years Ending June 30, 2023 through June 30, 2025. The description of the auditing services we will provide the City is contained in our agreement for audit services dated June 12, 2018 (Agreement).

At the request of the City, we have prepared a fee quotation for auditing services for the fiscal years ending June 30, 2023 through June 30, 2025. Eide Bailly is strongly committed to our governmental clients, and we value serving as the City's independent auditors. The base fee amount to audit the City's Annual Financial Report, Single Audit, GANN Limit and prepare the various State Controller's reports reflects the overall increase in the cost to perform these services given the ongoing increase in inflation over the previous 12-18 months due to various factors such as COVID-19 and volatile world market conditions. Future annual increases are estimated at 7% and based on the most recent Consumer Price Index, Riverside area —January 2023.

The FY 2023 fee includes an additional fee amount related to additional audit procedures we will need to perform over the City's implementation of GASB 96, Subscription Based Information Technology Arrangements in fiscal year 2023. Given the complex nature with the implementation of this new accounting standard, and new auditing procedures that will need to be performed, we have provided an estimate not to exceed for the additional cost to audit the City's implementation of this new accounting pronouncement. The City also has planned the implementation of a new financial accounting/ERP system expected to go live July 1, 2023. Our audit standards require that we gain an understanding of the City's information systems used in the financial reporting process. We will perform audit procedures necessary to ensure the financial data housed in the legacy accounting system is transferred properly to the new system, and test access controls, security roles, and segregation of duties related to the new system. These additional procedures and services will be billed at the same hourly rates as our rates to conduct the overall audit of City, as listed in Appendix A.

Our proposed fee and hourly rates are outlined in Appendix A.

What inspires you, inspires us. , eidebailly.com
10681 Foothill Blvd., Ste. 300 Rancho Cucamonga, CA 91730-3831 1 T 909.466.4410 I F 909.466.4431 EOE

We feel that Eide Bailly is the best selection for the City. There are numerous changes affecting governmental agencies including new accounting standards issued by the Governmental Accounting Standards Board (GASB), and new federal uniform grant guidance requirements for Federal Awards. As one of the leading firms in governmental auditing in California, we have invested significant time and resources to proactively address these changes and provide efficient and timely audits.

Our investment of time and resources includes:
• Providing ongoing training sessions to industry groups and clients regarding new GASB pronouncements and CARES Act Single Audit reporting requirements including GASB 87 and GASB 96 GASB 87.
• Providing in excess of 80 hours per year of governmental continuing professional education (CPE) to our staff working on governmental audits.
• Participation on national standard setting bodies, including the AICPA, GASB and local committees including the CALCPA.
• Investing a significant amount of time in developing our understanding of new Single Audit requirements over the American Rescue Plan funding. We regularly present to industry groups on new reporting and compliance requirements.
• Researching new professional pronouncements so that we are at the leading edge in preparing our clients to respond to all new requirements.
• Devoting resources to a strict quality control program including the funding of a national quality control department.

Our experience in governmental accounting standards means that no matter what issues you are facing, we can help you find solutions that make sense.

As a result of our efforts Eide Bailly places within the top 25 CPA firms nationally and provides governmental auditing services to over 600 governmental agencies. We've been providing audit and assurance services to many industries for 100 years, developing significant industry expertise in the process. Accompanied by a firm approach of hands-on engagement partner involvement, our high staff retention rate means you can expect a consistent team each year —a team that will truly understand your business.

We value our relationship serving as the City's independent auditors. Should you have any questions, please feel free to call me at (951) 323-8168.

Sincerely,
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David E. Showalter
Partner
Eide Bailly, LLP

APPENDIX A
Schedule of Audit Fees and Hourly Rates
City Financial Statement Audit
Single Audit (assuming one major program)
GANN Limit
City State Controller Report
Temecula CSD SCO Report
Temecula PFA SCO Report
City Annual Street Report
Total for Fiscal Year (not -to -exceed)
Additional Audit Procedures:

Estimated GASB 96 Audit Procedures
Estimated New Financial Accounting System Audit Procedures otal for Fiscal Year (not -to -exceed)
*Additional major programs billed at $5,000 each.

POSITION
Partner
Manager
Senior
Staff
Paraprofessional
$ 55,000 $
58,850 $
62,970
5,000
5,350
5,725
600
642
687
4,400
4,708
5,038
2,800
2,996
3,206
1,400
1,498
1,603
2,800
2,996
3,206
$ 72,000 $
77,040 $
82,433
$ 10,000
$ 2,000 $
8,000 MEIN"
$ 240
$
257
$
275
190
203
218
140
150
160
120
128
137
75 80
86 3

Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2023-24
PREPARED BY: Amer Attar, Engineering Manager
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
BACKGROUND: Senate Bill One (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the legislature and signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide. The City of Temecula has been receiving SB-1 revenue from the newly created Road Maintenance and Rehabilitation Account (RMRA) since Fiscal Year 2017-18. The City is set to receive $2,384,080 for Fiscal Year 2022-23 and $2,717,372 for Fiscal Year 2023-24 based on the latest estimate. The City intends to use SB 1 revenues to supplement the City's pavement rehabilitation program.

On March 24, 2021, the California Transportation Commission (CTC) adopted the Local Streets and Roads Funding Program 2021 Reporting Guidelines. Section IV, Project List Submittal, Subsection 9, Content and Format of Project List, of the guidelines states:
"Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year (funds collected from July I to June 30 and apportioned September I to August 31), a city or county must submit to the Commission a list of projects proposed to be funded with these funds pursuant to an adopted resolution by the city council or county board of supervisors at a regular public meeting. Each year, a city or county must adopt and submit to the Commission a project list resolution for the upcoming fiscal year's funds to comply with the eligibility requirements for that fiscal year's apportionment. "
For Fiscal Year 2018-19 and subsequent years, in order for an agency to receive SB 1 funds, a list of proposed projects must be submitted to the CTC by May 1, 2018 and every year thereafter

pursuant to an annually adopted resolution. In 2021, the CTC extended the deadlines for the submittal of the list of projects to July 1 st. The City does have the ability to change projects from the ones on the list submitted to the CTC. Having this flexibility would enable the City to designate projects that are ready for construction to receive SB 1 RMRA funds.

The City has completed the update to the Pavement Management Program (PMP) in 2018.

Utilizing the PMP, staff have developed a list of projects that will rehabilitate a number of streets in the next few years. This list will be included in the upcoming Capital Improvement Program (CIP) Budget for Fiscal Years 2024-28. As projects are ready for construction, staff will designate sufficient number of projects to exhaust the SB 1 RMRA funds the City is set to receive annually.

FISCAL IMPACT: According to the Local Streets and Roads Funding Program 2021 Reporting Guidelines adopted by the CTC on March 24, 2021, in order to receive SB 1 funds, the City must submit a list of projects for Fiscal Year 2023-24 to the CTC by July 1, 2023. By submitting the list of projects to the CTC by the specified deadline, the City is set to receive approximately $2,717,372 for Fiscal Year 2023-24 from the Road Maintenance and Rehabilitation Account (RMRA) funded by SB 1.

ATTACHMENTS: Resolution

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The City Council hereby finds, determines and declares that:

A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and B. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Temecula are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C. The City of Temecula must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and D. The City of Temecula will receive an estimated $2,717,372 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
E. This is the seventh year in which the City of Temecula is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, that would not have otherwise been possible without SB 1; and F. The City of Temecula used a Pavement Management Program (PMP) to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost-effective projects that also meet the community's priorities for transportation investment; and G. The funding from SB 1 will help the City of Temecula maintain and rehabilitate three major -streets/roads in the City this year and a number of similar projects into the future; and H. The 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Temecula streets and roads are in an "good" condition and this revenue will help the City increase the overall quality of our road system and bring "at risk" streets/roads into "good" condition over the next decade; and
I. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets

infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide.

Section 2. Adoption of the SB 1 Project List for Fiscal Year 2023-24 A. The foregoing recitals are true and correct.

B. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

1. Project Title: Pavement Rehabilitation Program — Citywide Project Description: The roadway rehabilitation shall generally consist of 2 to 4 inches of cold milling and placement of 2 to 4 inches of asphalt concrete.

The project also includes the removal and replacement of existing roadway striping, pavement markings, and traffic signal loops, the removal and reconstruction of existing pedestrian ramps in order to comply with current ADA standards, and adjustment of existing utilities to grade.

Project Location: Roadway rehabilitation of the full width of Pauba Road between Ynez Road and Margarita Road.

Estimated Project Schedule: Start (04/2024) — Completion (08/2024) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 10-20 years

2. Project Title: Pavement Rehabilitation Program — Citywide, PW21-10 Project Description: The roadway rehabilitation shall generally consist of 2 to 4 inches of cold milling and placement of 2 to 4 inches of asphalt concrete.

Project Location: Roadway rehabilitation of the full width of Pechanga Parkway between Loma Linda Road and Temecula Parkway
Estimated Project Schedule: Start (04/2024) — Completion (08/2024) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 10-20 years
Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: May 23, 2023
SUBJECT: Approve Agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council approve the agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study in support of the General Plan update.

BACKGROUND: A Fiscal Land Use Study provides a high-level comparison of the fiscal implications of new development or redevelopment, broken down by land use category (residential, commercial, office and industrial). Keyser Marston Associates Inc. is providing a Fiscal Land Use Opportunity Study to allow the City to make informed and factually based land use decisions. The term of this agreement is until May 23, 2024.

FISCAL IMPACT: $157,300 ($143,000 + 10% contingency of $14,300), which has been funded by the Local Early Action Planning (LEAP) Grant, which is a reimbursement grant, and budgeted in 210.265.999.777.

ATTACHMENTS: Agreement

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES, INC.

FISCAL LAND USE OPPORTUNITY STUDY
THIS AGREEMENT is made and effective as of May 23, 2023 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Keyser Marston Associates, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on May 23, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 23, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred and Forty Three Thousand Dollars and Zero Cents ($143,000.00), plus 10% Contingency of Fourteen Thousand Three Hundred Dollars and Zero Cents ($14,300.00), for the total term of this agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Council and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall 08/09/2021

give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

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

6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 08/09/2021

b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement with the exception of Consultant's proprietary computer models, shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

9. INSURANCE REQUIREMENTS
a. 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.
b. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession.

Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other 08/09/2021

form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate.
d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.

O8/09/2021

f. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. g. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly 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 admissions or other discovery 08/09/2021

request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. 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, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Keyser Marston Associates, Inc.

Attn: Paul Marra
555 West Beech Street, Suite 460
San Diego, CA 92101

14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

15. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

17. PROHIBITED INTEREST
08/09/2021

No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Zak Schwank, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney

KEYSER MARSTON ASSOCIATES, INC
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
Paul C. Marra, Managing Principal

CONSULTANT
Keyser Marston Associates, Inc.

Attn: Paul Marra
555 West Beech Street, Suite 460
San Dieao. CA 92101
[email protected]
619-718-9500
City Purchasing Mgr.

Initials and Date:
4/Zr
08/09/2021

CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify that:
(1) 1 am the duly elected and acting Secretary of Keyser Marston Associates, Inc. a California Corporation; and
(2) That Paul C. Marra, a Vice President of Keyser Marston Associates, Inc. is authorized on behalf of the Corporation to sign the Agreement for Consultant Services dated April 17, 2023, between the City of Temecula and Keyser Marston Associates, Inc. to prepare a Fiscal Land Use Opportunity Study; and
(3) Further, all corporate officers of Keyser Marston Associates, Inc. are authorized to enter into contracts and execute instruments in the name of the Corporation or on behalf of the Corporation, pursuant to the Corporation's Bylaws, adopted September 14, 1990.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of such corporation this 30th day of March 2023.

Diane M. Chambers, Secretary

EXHIBIT A
Tasks to be Performed
All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 08/09/2021

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Contractor's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $143,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
10 08/09/2021

PROPOSED SCOPE OF SERVICES

LAND USE ECONOMIC OPPORTUNITY STUDY

CITY OF TEMECULA
I. OBJECTIVE
Keyser Marston Associates, Inc. (KMA) prepared a Citywide Land Use Economic Opportunity Study for the City of Temecula (City) in 2015 (2015 Study). The 2015 Study focused on three (3) key objectives identified by the City:

1. An evaluation of market demand potential for all major land uses through build -out of the City's General Plan

2. Analysis of the fiscal impact of anticipated new development on the City's General Fund

3. An updated assessment of market opportunities and revitalization strategies for Old Town The City is seeking an update of the 2015 Study, with respect to: (1) an evaluation of mid- to long-term development opportunities by land use type; and (2) an assessment of fiscal impacts on the City's General Fund for a General Plan build -out scenario and alternative land uses scenarios. The City has also requested that KMA update the data, assumptions, and inputs in the 2015 study to reflect current market conditions and development trends. In response to these objectives, KMA has formulated the following work program.

II. SCOPE OF SERVICES
A) Task 1 — Initiation and Field Reconnaissance
KMA will participate in a kick-off meeting with City staff to review the work program and schedule; collect background data, reports, and maps; and identify additional information needs. Key information required will include confirmation of the General Fund budget, General Plan build -out tabulations by land use type, status of various Specific Plans, and vacant land inventory and development potential.

KMA will tour relevant properties (developed and/or vacant) throughout the City.

B) Task 2 — Demographic and Economic Trends
KMA will review key demographic and economic trends in Temecula and the surrounding market area, including population, number of households, household income, and employment. We will draw information from the City, Southern California Association of Governments (SCAG), the California Department of Finance (DOF), the U.S. Census, and data profiling sources such as Esri and Claritas.

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Q Task 3 — Market Conditions by Land Use Type
KMA will assess current market conditions and competitive position for five (5) major land use categories within the City: commercial (retail and restaurant); residential (single-family and multi- family); office; industrial; and lodging (hotels/motels). At a minimum, the KMA assessment will include the following key work tasks.
a. KMA will review Statewide and regional economic trends inland use and development. b. KMA will identify the major concentrations of commercial, residential, office, industrial, and hotel uses within the City, and evaluate their competitiveness on a regional level. c. KMA will evaluate key market factors such as inventory, absorption, vacancy, and value indicators for each major land use type. Market data will be collected from third -party data sources such as Costar Group, Inc., real estate brokerage publications, and other industry sector publications. d. KMA will review major development proposals planned or under construction within the City and surrounding market area.

In addition to the above collection and review of market data, KMA will conduct telephone surveys of selected developers, brokers, and other real estate professionals to better understand market conditions and development opportunities in the City.

D) Task 4 —Development Potential by Land Use Type
Based on the demographic and market assessments, KMA will prepare a matrix summarizing principal assets and constraints affecting development potential for each land use category. We will identify key development opportunities in terms of land use mix, type of development, and location. We will prepare long-term growth projections and absorption forecasts for each major land use category on a Citywide basis. Absorption forecasts will be expressed in units/building area as well as land area (acres). We will compare the required land area to meet the absorption forecasts with the remaining vacant land inventory in the City by land use type per the existing General Plan designations. Based on this comparison, we will review the potential to redesignate portions of the remaining land inventory, thereby generating an alternative land use program that is more fiscally and economically balanced for the City.

Using the absorption projections, KMA will also estimate key indices such as jobs/housing balance, employment opportunities, range of housing types, retail sales capture, and other metrics at future milestones.

KMA will participate in a meeting with City staff and/or the Council Subcommittee to present the findings of Tasks 2, 3, and 4. Based on City feedback, we will refine the recommended land use scenarios to be evaluated in the fiscal impact analysis (Task 5).

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Page 2 ends

E) Task 5 — Fiscal Impact Analyses
KMA will develop a fiscal impact model to measure the recurring annual impacts on the City's Fiscal Year 2023-2024 (FY 2024) General Fund resulting from incremental development on the remaining vacant land in the City. The KMA fiscal model will evaluate two (2) scenarios: (1) a baseline scenario based on build -out of the existing General Plan; and (2) an alternative land use scenario formulated in Task 4 above. KMA will work with City staff to finalize the land use programs for the second alternative.

KMA will review the City's existing General Fund budget to understand the City's fiscal condition and revenue/expense parameters. KMA will estimate the annual operating expenditures generated by incremental development on remaining vacant land in the City. We will supplement this analysis through discussions with selected department heads regarding level of service and expenditure trends.

In particular, we will interview key staff in the police, fire, public works, recreation funding, and parks maintenance departments to track recent trends in costs to deliver services.

The KMA models will address both recurring revenues and operating expenditures, expressed in 2023 dollars, at build -out of each alternative. KMA will summarize the net fiscal impact to the City for each land use scenario at build-out/stabilization (i.e., recurring annual revenues less operating expenditures).

F) Task 6 — Presentation
The KMA findings will be presented in several stages, beginning with an initial PowerPoint presentation of our complete draft findings and supporting analysis. Based on feedback from City staff, we will prepare and submit a draft report. After receipt of consolidated comments from City staff, we will complete a final report. We will also prepare for, and attend, one (1) public meeting to present the final report.

G) Optional Task 7 — Update of Fiscal Impact Analyses
If necessary, KMA will update each fiscal impact analysis in Task 5 to reflect the FY 2025 General Fund Budget. We will also conduct follow-up interviews with police, fire, public works, recreation funding, and parks maintenance departments to update any methodologies and assumptions, if necessary.

III. BUDGET
Our total budget estimate for the Land Use Economic Opportunity Study update (Tasks 1-6 + reimbursables) is $128,000. Our budget requirement to update the Fiscal Impact Analyses (Optional Task 7) is $15,000, for a subtotal budget of $143,000. In addition, we have included a 10% contingency of $14,300 at the City's option, for a grand total budget of $157,300. Our budget breakout is itemized below.

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Task
Budget
Task 1— Initiation and Field Reconnaissance
$7,500
Task 2 — Demographic and Economic Trends
$15,000
Task 3 — Market Conditions by Land Use Type
$34,500
Task 4 — Development Potential by Land Use Type
$22,500
Task 5 — Fiscal Impact Analyses
$29,500
Task 6 — Presentation
$16,500
Subtotal
$125,500
Reimbursables (1)
$2,500
Sublulul Budget (Tasks I — VI) $128,000
Task 7 — Optional Task: Update of Fiscal Impact Analyses $15,000
Total Budget
$14",000
Add: Contingency @ 10%
$14,300
Grand Total Budget
$157,300
(1) Includes data and reports, mileage, and other direct costs.

KMA proposes to time -bill the City in accordance with our standard hourly billing rates (below), subject to the above budget limits.

KEYSER MARSTON ASSOCIATES, INC.

PUBLIC SECTOR HOURLY RATES — 2022/2023
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS*
$305.00
SENIOR PRINCIPALS*
$295.00
PRINCIPALS*
$275.00
MANAGERS*
$245.00

SENIOR ASSOCIATES
$205.00

ASSOCIATES
$185.00

SENIOR ANALYSTS
$170.00

ANALYSTS
$145.00

TECHNICAL STAFF
$105.00

ADMINISTRATIVE STAFF
$90.00
Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels
and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and
expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony.

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The KMA budget estimates include the following limitations:
• Maximum of three (3) versions of each work product, i.e., Administrative Draft, Draft, Final • All work products submitted in PDF format only
• Maximum of six (6) virtual meetings
• Maximum of four (4) in -person meetings with City staff • Maximum of two (2) public meetings or briefings with public officials IV. SCHEDULE
KMA anticipates a requirement for 120 calendar days from project initiation to presentation of draft findings at the conclusion of Task 4, and an additional 60 calendar days to complete a draft of the fiscal impact analyses findings in Task 5.

V. LIMITING CONDITIONS
In accepting this proposal/contract, the City represents, acknowledges, and agrees that:

1. KMA is not advising or recommending any action be taken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues);
KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA's work product; and
The City shall discuss any such information and material contained in KMA's work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material.

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Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Approve License Agreement with Flatiron West, Inc. for Access on City -Owned Properties in Connection with Construction of the I-15 / French Valley Parkway Improvements — Phase II Project, PW 16-01
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council approve a license agreement with Flatiron West, Inc. for access onto City -owned properties, APN 916-400-013 and 916-400-018, in connection with construction of the I-15 / French Valley Parkway Improvements - Phase II project, PW16-01.

BACKGROUND: The City of Temecula owns two parcels, APN 916-400-013 and 916-400-018, located between Interstate 15 and the westerly terminus of Date Street. These properties comprise approximately 12 acres of undeveloped land that are planned for the future French Valley Parkway interchange.

On January 10, 2023, the City awarded a construction contract to Flatiron West, Inc. (Contractor) to construct the I-15 / French Valley Parkway Improvements — Phase II project (Project). The Contractor has requested use of these City -owned properties for access to/from the Project site during construction. Allowing the Contractor to utilize these properties will facilitate efficient and safe operations during construction. The Contractor's proposed use does not conflict with the City's current or planned use of the properties.

The attached license agreement was prepared by the City Attorney's office and is representative of the City's current practice. The terms and conditions of the agreement mimic the Contractor's commitments contained in the construction contract, including duration, insurance, indemnification, etc.

FISCAL IMPACT: There is no fiscal impact associated with the approval of the license agreement.

ATTACHMENTS: 1. License Agreement

2. Location Map of Access

LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA
AND FLATIRON WEST, INC. FOR USE OF CERTAIN CITY
REAL PROPERTY INTERESTS FOR ACCESS PURPOSES (I-15/
FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE H,
PROJECT NO. PW16-01)
This License Agreement Between the City of Temecula and Flatiron West, Inc. for Use of Certain Real Property Interests for Access Purposes (I-15/French Valley Phase II, Project No.

PW16=01) ("License Agreement") is made and entered into between the City of Temecula, a municipal corporation ("City") and Flatiron West, Inc. {"Contractor"). The City and Contractor are referred to below collectively as the "Parties". The License Agreement is effective on the date it is fully executed between the Parties. In consideration of the mutual promises contain herein, the Parties agree as follows:

1. Recitals. This License Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct:

A. The City is the owner of the following vacant real properties in the City of Temecula located adjacent to each other.
1) Approximately 5.01 acres of real property in the City of Temecula located adjacent to the I45 freeway, east of the I45 freeway to the easterly terminus of Date Street, and identified as APN 916-400-013 ("Site F). Site 1 is shown on EXHIBIT A, attached hereto and incorporated herein as though set forth in full.
2) Approximately 6.89 acres of real property in the City of Temecula located adjacent to the 145 freeway, east of the I45 freeway and south of Site 1, and identified as APN 916400-018 ("Site 2"). Site 2 is shown on EXHIBIT B, attached hereto and incorporated herein as though set forth in full. Site 1 and Site 2 are located adjacent to B. On January 10, 2023, the City and Contractor entered into that certain City of Temecula, Department of Public Works Contract for I-151 French Valley Parkway Improvements — Phase II (Contract 2023-003) ("Contract') whereby Contractor agreed to provide and furnish all labor, materials necessary tools, expendable equipment, and all utility and transportation service required for the construction of the I45/17rench Valley Phase II, Project No. PW16-01 Project ('Phase II") in consideration for the contract amount and subject to the terms set forth in the Contract.

C. Contractor desires to use and City is willing to grant a license to Contractor to use the portions of Site 1 and Site 2 described more particularly below in Section 2 for access purposes in connection with the construction of Phase II.

D. The City and Contractor desire to enter into this License Agreement to provide the terrus and conditions upon which Contractor shall use the portions of Site 1 and Site 2 described below.

2. Right to Use Subject Property Interests. City hereby grants a license to Contractor to use the portions of Site I and Site 2 described below (referred to below collectively as "Subject Property Interests') in accordance with and subject to the terns and conditions of this License Agreement:

A. An approximate 25,000 square foot portion of Site 1 roughly depicted and outlined in blue on EXHIBIT C, attached hereto and incorporated herein as though set forth in full.

B. An approximate 22,000 square foot portion of Site 2 roughly depicted and outlined in blue on EXHIBIT C, attached hereto and incorporated herein as though set forth in full.

3. No Rent. Based on the benefit to the residents of the City of Temecula of providing an access route to the Contractor for the construction of the Phase II and to mitigate the impact of construction of Phase II on other potential access points, Contractor shall not pay rent or a license fee to the City.

4. Term of This License,
A. Duration. The Term of this License Agreement shall commence on May 1, 2023 and terminate at the termination of the Contract described in Recital B, subject to the early termination as provided in Subsection B of this Section.

B. Right to Terminate Agreement. Either party may terminate this License Agreement for any reason, with or without cause, by providing a thirty (30) day prior written notice of termination to the other party.

5. Responsibilities of Contractor.

A. Contractor shall use the Subject Properly Interests for access purposes to provide access to Contractor's construction vehicles and equipment in connection with the construction of Phase H. and for no other purposes.

B. Contractor shall be responsible for providing security for all of Contractor's or its subcontractors' equipment, materials or other property used in the area of the Subject Property Interests. City shall not be responsible for any graffiti, theft, vandalism or any other types of damage to any equipment and materials used in the area of the Subject Property Interests by Contractor or its subcontractors.

C. Contractor has inspected the Subject Property Interests and takes it "as4s" for the term of this License Agreement with no warranty of any kind from the City as to the suitability of the Subject Property Interests for the use and purpose authorized in this License Agreement.

D. Contractor shall not make any modifications to the Subject Property Interests, without the prior written consent of the City's Director of Public Works.

E. Contractor shall be responsible for the costs of all utilities, including but not limited to water , gas, electricity, and telephones, if any, in connection with the Subject Property Interests during the duration of this License Agreement.

owes no duty to indemnify or defend for Hazardous Materials that are existing on the Subject Property Interests at the time of this agreement, or which are brought onto the Subject Property Interests by someone other than Contractor, its subcontractors, or agents.

C. As used in Subsection B, "Hazardous Materials" means any chemical, material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Subject Property Interests, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. ("CERCLA'); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.; California Health and Safety Code Sections 25260 and 25141;_and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq. C RCRA" ). The term Hazardous Materials shall also include any of the following:
any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101) orby the Environmental Protection Agency as hazardous substances (40 CFR. Part 302) or pursuant to California Health and Safety Code Section 25141 and in any and all amendments thereto; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated bypinenyls; radon gas; or any other chemical, material or substance (i) which poses a hazard to the Subject Property Interests, to adjacent properties, or to persons on or about the Subject Property Interests, (ii) which causes the Subject Property Interests to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the Subject Property Interests requires investigation, reporting or remediation under any such laws or regulations.

8. Legal Responsibilities. Contractor and its subcontractors and agents shall comply with all rules and regulations governing the use and occupancy of the Subject Property Interests, including applicable Federal, State and local laws, ordinances and regulations. If Contractor fails to comply with such rules and regulations, the City has the right to immediately cancel this License Agreement without notice to Contractor, such cancellation being effective as of the time and date of such noncompliance.

9. City's Reservation of Right of Entry. The City, through its Director of Public Works or his designee, shall have the right to enter the Subject Property Interests at all times during the period covered by this License Agreement in order to insure compliance with this License Agreement.

10. Liens. Contractor shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge of the Subject Property Interests. Contractor shall defend, indemnify and hold City harmless, pursuant to Section 7 (Indemnification), from any liens that may attach to the Subject Property Interests from its use by Contractor. il. Notice. Any notices which either party may desire to give to the other party under this License 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, FedEx, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

City: CITY OF TEMECULA
41000 Main Street Avenue
Temecula, California 92590
Attention: City Manager
Contractor: Flatiron West, Inc.
12121 Scripps Summit Drive, Suite 400
San Diego, California 92131
Attention: Mario Martinez, Vice President &
Dale Nelson, Executive Vice President

12. Assignment. Contractor shall not assign its interest in this License Agreement or in the Subject Property Interests to any person or entity without first obtanring the City Manager's written consent. Any assignment without the City Manager's prior written consent shall be voidable and, at the City Manager's election, shall constitute a default.

13. Independent Contractor. The relationship of the parties to this License Agreement shall be that of independent contractors and that in no event shall Contractor be considered an officer, agent, servant or employee of the City. Contractor shall be solely responsible for any workers' compensation, withholding taxes, unemployment insurance and any other employer obligations associated with its employees, agents and performers.

14. Taxes. Contractor shall pay any possessory interest taxes, and general and special assessments, if any, which may levied against the Subject Property Interests as a result of Contractor's use of the Site.

15. Interpretation. Each party had the full opportunity to participate in the drafting of this License Agreement and, therefore, the License Agreement shall not be interpreted against any party on the ground that the party drafted the License Agreement or caused it to be prepared.

16. Entire Agreement. Except for the Construction Agreement, this License Agreement is the entire agreement and understanding between the Parties with respect to the subject matter of this License Agreement and this License Agreement supersedes any representations, or previous agreements, either oral or in writing, between the Parties hereto with respect to the subject matter

of this License Agreement. Any modifications of this License Agreement will be effective only if it is in writing and signed by the Parties hereto.

17. Authority to Execute License Agreement. The persons executing this License Agreement on behalf of the Contractor warrants and represents to the City that this License Agreement has been duly approved by the Contractor and that said persons are duly authorized by Contractor to execute this License Agreement on behalf of Contractor and has been duly authorized to do so.

In concurrence and witness whereof, the Parties hereto have caused this License Agreement to be executed on the date set forth below.

Dated:

Dated:
�'i 12v 2'7
CITY OF TEMECULA, a municipal
corporation
Zak Schwenk, Mayor
Attest:
ltandi Johl, JD, CMC
City Clerk
Approved as to form:

Peter M. Thorson, City Attorney

CONTRACTOR
Flatiron West, Inc.

Bv:

Name: Lisa A. Ziegler
Title: VP, Division Finance
5 2 3 By.

Name: Mario Martinez
Title: San Diego District Manager

EXHIBIT A
DEPICTION OF SITE 1

CITY OF TEMECULA

PROPERTY REPORT

PROPERTY INFO
Ass"soe's Parcel Number (APN)
Let
Structure

EXHIBIT B
DEPICTION OF SITE 2
CM Or
{PROPERTY REPORm&

PROPERTY INFO
AsseaseYs Paxel Number (APN)
9i64DO-018
Site Address
Recorded Beab'Page
M5 34VI
Black
Traet Map NumYet?Name
R 29639.2
OIM�IERSHIP
Sate Address
Ma•ing Atldress
PO Box 9M
TEMECULACA 92589
Puimary Owner (AN Owners On Page 2)
C11Y OFTEA¢CULA
FEES 8. RECORDS
Fees Records
TmKcvIBCA.WV.MEG_ aoNreWt�b
Bnvironmeutal Health Records
Lat Number
St
Lot Size

6.89 odes
Land Value
5lrueture Valve

os`s
ENTER �'
CA
IN
Googke Earth

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek identified by Assessor Parcel Numbers 922-210-060, 961-440-012, 961-450- 015, 961-450-011, 961-450-064 and 961-450-001.

BACKGROUND: The California (Coastal) Monitoring Plan is designed to inform salmon and steelhead recovery, conservation, and management activities. The California Department of Fish and Wildlife (CDFW) and NOAA Fisheries are leading the implementation of this Plan in watersheds from California's border with Mexico north to the Oregon border, including San Francisco and Humboldt Bay tributaries.

As part of this implementation, CDFW will be conducting walking surveys in the streambed, recording habitat data and fish and spawning site presence. The Agreement authorizes the California Department of Fish and Wildlife to enter the City -owned properties (identified by Assessor Parcel Numbers 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 and 961-450-001) to conduct the surveys as part of its administrative duties for the California (Coastal) Monitoring Plan.

The right to enter will begin upon full execution of the Agreement and terminate on April 25, 2025.

FISCAL IMPACT: None
ATTACHMENTS: Right of Entry Agreement

RIGHT OF ENTRY AGREEMENT BETWEEN CITY OF TEMECULA AND

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
(APNS 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 & 961-450-001) This Right of Entry Agreement ("Right of Entry") is entered into by the CITY OF TEMECULA (referred to herein as "GRANTOR") and CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (CDFW) (referred to herein as "GRANTEE"). GRANTOR and GRANTEE are sometimes individually referred to as "Party" and collectively as "Parties."

RECITALS
A. GRANTOR is the owner of certain real properties located along the Temecula Creek and Murrieta Creek and identified as Riverside County Tax Assessor's Parcel Numbers 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 and 961-450-001 ("Property"). The Property is roughly depicted on Exhibit "A" attached hereto and incorporated herein.

B. GRANTEE desires to obtain GRANTOR's permission to enter onto the Property, on a temporary basis, for the purpose of conducting walking and water quality surveys for steelhead trout pursuant to the species monitoring requirements of the California Monitoring Plan.

C. The Parties wish to enter into this Right of Entry whereby GRANTOR will allow GRANTEE to enter onto the Property, on a temporary basis, for the above stated purpose.

NOW, THEREFORE, GRANTOR and GRANTEE do hereby agree as follows:

AGREEMENT

1. Right of Entry. GRANTOR hereby grants to GRANTEE and its agents, employees and contractors including, but not limited to, the CDFW monitoring staff (collectively "GRANTEE DESIGNEES") the temporary right to enter onto the Property for the purpose of conducting walking and water quality surveys for steelhead trout pursuant to the species monitoring requirements of the California Monitoring Plan ("Right of Entry Activities").

2. Term. The term of this Right of Entry shall commence on the date of the last signature on this Right of Entry, assuming that the Right of Entry is executed by all the Parties hereto ("Effective Date"). This Right of Entry shall automatically terminate April 25, 2025. The term may be extended by written notice from GRANTOR to GRANTEE.

3. Lien Waivers. GRANTEE agrees to keep the Property free of any liens, including without limitation, any liens made by contractors, subcontractors, suppliers, engineers, architects and surveyors that arise out of the use of the Property pursuant to this Right of Entry by GRANTEE DESIGNEES in connection with the Right of Entry Activities. If any such lien is filed on any portions of the Property as a result of GRANTEE DESIGNEES' right to enter on the Property pursuant to this Right of Entry, GRANTEE will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to GRANTOR within thirty days

of receiving notice of the lien. If GRANTEE fails to remove the lien within such 30-day period, GRANTOR will have the right to remove the lien, and GRANTEE, upon demand, will reimburse GRANTOR for all reasonable costs and expenses incurred by GRANTOR in connection with such removal. Upon receipt of a written request from GRANTOR, GRANTEE will provide to GRANTOR lien waivers following completion of GRANTEE DESIGNEES' entry on the Property pursuant to this Right of Entry, in form and substance reasonably satisfactory to GRANTOR, from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against any portion of the Property for work or studies performed or commenced in connection with GRANTEE DESIGNEES' Right of Entry Activities pursuant to this Right of Entry. To the extent permitted by applicable law, GRANTEE hereby indemnifies the GRANTOR from and against any claims or demands for payment, or any liens or lien claims made against the GRANTOR as a result of the GRANTEE DESIGNEES' Right of Entry Activities conducted on the Property pursuant to this Right of Entry

4. Indemnification. GRANTEE shall indemnify and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property from claims arising from GRANTEE'S, its agent's or its contractor's negligent acts or omissions or willful misconduct related to entry on and use of the Property in connection with the Right of Entry Activities pursuant to this Right of Entry, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

5. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:

GRANTOR: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: City Manager
COPY TO: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
2 GRANTEE: California Department of Fish and Wildlife
Attention: Kyle Evans, Senior
Environmental Scientist
1933 Cliff Dr, Suite 27
Santa Barbara, CA 93109

6. Authority to Enter into Right of Entry. GRANTOR hereby warrants that it is the owner of the Property and that the undersigned is authorized to grant GRANTEE permission to enter onto the Property for the use specified in this Right of Entry. GRANTEE hereby warrants that the undersigned is authorized to execute this Right of Entry on behalf of GRANTEE.

7. Permits and Applicable Law. GRANTEE shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the Right -of -Entry Area, and GRANTEE shall comply with all applicable laws and regulations concerning its use of the Right -of -Entry Area.

8. Entire Agreement. This Right of Entry is the result of negotiations between the Parties. This Right of Entry is intended by the Parties as a full and final expression of their understanding with respect to the matters contained in this Right of Entry.

9. Amendment; Modification. No supplement, modification, or amendment of this Right of Entry shall be binding unless executed in writing and signed by both Parties.

10. Governing Law, Venue. This Right of Entry shall be governed by the laws of the State of California. Venue shall be in Riverside County.

11. Counterparts. This Right of Entry may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.

12. Legalpresentation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Right of Entry, they have each had the opportunity to be represented by independent counsel of their own choosing and the Parties executed the Right of Entry after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Right of Entry, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Right of Entry.

13. Interpretation and Construction. Each party has reviewed this Right of Entry and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Right of Entry. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Right of Entry or any amendments or exhibits thereto. In this Right of Entry, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and Kl

"party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Right of Entry are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Right of Entry.

14. Severability. If any part, term or provision of this Right of Entry is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Right of Entry did not contain the particular part, term or provision held to be invalid

15. Fees and Costs. Each of the Parties to this Right of Entry shall bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating the matters described in this Right of Entry.

IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on the date as indicated beside each Party's signature.
4 GRANTOR:

CITY OF TEMECULA, a municipal corporation
Date:

ATTEST:

Randi Johl, City Clerk
Approved as to form:

RICHARDS, WATSON & GERSHON
Peter M. Thorson, City Attorney
GRANTEE:

CALIFORNIA DEPARTMENT OF

FISH AND WILDLIFE
Date:

APPROVED AS TO FORM:

Zak Schwank, Mayor
By:

Kyle Evans, Senior Environmental Scientist
N7

Exhibit "A"
Depiction of Property

Exhibit A
APN: 922-210-060

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Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15 Congestion Relief Project, PW 19-02
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15 Congestion Relief Project, PW19-02.

BACKGROUND: In 2018, the Move I-15 Through Temecula Valley Regional Task Force, comprised of the City of Temecula and over a dozen local, state, federal, and sovereign institutions, identified operational improvements to help alleviate congestion on I-15. Of these improvements, the City agreed to take the lead on developing and constructing a new auxiliary lane on northbound I-15 from the Temecula Parkway on -ramp to the Rancho California Road off - ramp. In a separate project, Caltrans is working on similar improvements from Rancho California Road to Winchester Road and in the southbound direction between Winchester Road and Temecula Parkway.

Caltrans is the lead agency for the Project under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). On April 27, 2022, Caltrans approved the CEQA Common Sense Exemption per 14 CCR 15061[b][3] and made the determination that NEPA did not apply to Project. On March 29, 2023, Caltrans revalidated these findings.

The Project plans and specifications are complete. The contract documents are available for review in the office of the Director of Public Works. Final approvals are expected soon from Caltrans, under the Streamlined Oversight Project (SOP) process. Upon receipt, the Project will be advertised for construction bids.

The Engineer's Estimate for construction is $5.3 Million. The contract time to perform the work is 150 working days (approximately 8 months). Supplemental and agency furnished materials are estimated to be $570,000 total.

FISCAL IMPACT: The I-15 Congestion Relief is included in the City's Capital Improvement Program FY 2023-27. The sources of funds for construction include Reimbursement-Pechanga IGA, State Highway Operation and Protection Program (SHOPP), TUMF (CETAP/RCTC), and General Fund. Sufficient funds are available in the project budget.

ATTACHMENTS: 1. Location Map

2. CIP Budget Project Sheet

' 1-15 CONGESTION RELIEF PROJECT ��' MCME
Lead Agency: City of Temecula
-� New Northbound AuxMar Lane
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- Santiago Road Overcrossing
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The Heart of Southern California
Wine Country
1-15 CONGESTION RELIEF
Circulation Project
Project Description: This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp.

Benefit: This project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Regional Task Force to address congestion on 1-15.

Core Value: Transportation Mobility and Connectivity
Project Status: Project is in the design and environmental clearance phase.

Department: Public Works - Account No. 210.265.999.609 / PW19-02 Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program

THROUGH
TE fE UL
VALLEY
Project Cost:

Prior Years
Actuals
2021-22
Adjusted
2022-23
Proposed
Budget
2023-24 2024-25
Projected Projected
2025-26 2026-27
Projected Projected
Total Project
Cost
Administration
119,521
120,506
155,000
80,000
475,027
Construction
6,074,443
6,074,443
Construction Engineering
1,020,000
1,020,000
Design & Environmental
957,307
344,933
100,000
1,402,240
Total Expenditures
i 1,076,828
465,438
7,349,443
80,000
8,971,710
Source of Funds:

General Fund
1,351,725
190,542 79,443
1,621,710
Reim bursement-Pechanga IGA
2,500,000
2,500,000
Reimbursements
100,000
100,000
SHOPP
1,250,000
1,250,000

TUMF (CETAP/RCTC)
3,500,000
3,500,000
Total Funding
1,451,725
2,690,542 4,750,000 79,443
8,971,710
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. SHOPP - State Highway Operation and Protection Program and Minor Program

2. RCTC Agreement No. 22-73-032-00; City Agreement 2022-035

3. Reimbursement of $100,000 reflects contribution from the City of Murrieta 88 Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14 PREPARED BY: Nino Abad, Senior Civil Engineer
Kellen Freeman, Assistant Engineer
RECOMMENDATION: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15303, Existing Facilities, and Section 15304, Minor Alterations to Land, of the CEQA Guidelines.

BACKGROUND: The Michael "Mike" Naggar Community Park Dog Park Project (Project) is a parks/recreation project that will include the construction of a new, approximately 33,000 square foot dog park, located at Mike Naggar Park.

The Project includes one large dog breed pen, one small dog breed pen, seating areas, shade structures, landscaping, irrigation, perimeter chain -link fence with gate, lighting, and refuse areas.

The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office.

The Engineer's estimate of construction cost is $538,373 with an estimated construction duration of 35 working days (approximately 1.5 months).

This project is exempt from CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15303, Existing Facilities, and Section 15304, Minor Alterations to Land, of the CEQA Guidelines. Section 15303 states that minor additions to existing structures are Class 1 activities which are exempt from CEQA.

FISCAL IMPACT: The Michael "Mike" Naggar Community Park Dog Park Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-2027,

as amended and is funded with Measure S funds and Proposition 68 Per Capita Grant funds.

Adequate funds are available in the project accounts.

ATTACHMENTS: 1. Project Description

2. Project Location

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DOG PARK RENOVATION
Parks/Recreation Project
Project Description: This project is to design and construct a dog park at Michael "Mike" Naggar Community Park. The dog park will include small and large dog pens, seating, drinking fountains, shade and an agility dog course feature.

Benefit: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government.

Core Value: Healthy and Livable City
Project Status: This project is dependent on the Prop 68 Per Capita Grant. The project is estimated to be complete in Fiscal Year 2021-22.

Department: Public Works -Account No. 210.290.999.207 / PW21-14 Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
2022-23 2022-23
Prior Years
2021-22 Adopted Mid -Year Revised 2023-24 2024-25 2025-26 2026-27 Total Project
Project Cost:

Actuals
Adjusted Budget Adjustment Budget Projected Projected Projected Projected Cost
Administration
25,000 25,000
25,000
Construction
343,484 200,000 543,484
543,484
Design & Environmental
15,116 46,400 46,400
61,516
Total Expenditures
-
6 Grants
247,126
200,000 200,000
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. Proposition 68 Grant from the California Department of Parks and Recreation. 247,126

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Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023
SUBJECT: Receive and File Temporary Street Closures for 2023 Summerfest Events PREPARED BY: Anissa Sharp, Management Assistant
Nick Minicilli, Senior Traffic Engineer
RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the following 2023 Summerfest Events:

JUNETEENTH
4TH OF JULY PARADE
4TH OF JULY FIREWORKS SHOW

ESCAPE JOURNEY TRIBUTE BAND CONCERT

TEMECULA SUNSET MARKET

NATIONAL NIGHT OUT
BACKGROUND: Six special events are scheduled between June 2023 and November 2023 which necessitates the physical closure of all or portions of certain streets within the Old Town area and other streets throughout Temecula. These closures are necessary for event operation as well as to protect participants and viewers.

The six events and associated street closures are as follows:
1) JUNETEENTH — June loth
The Juneteenth event will take place Saturday, June loth in Old Town Temecula with street closures scheduled as follows:

Main Street
from the easterly driveway edge of
Saturday, June 10'
28636 Old Town Front Street
7:00 a.m. to 6:00 p.m.
at Be Good Restaurant to Mercedes Street
Mercedes Street
Saturday, June 10 h
Third Street to Fourth Street
7:00 a.m. to 6:00 p.m.

Street closures for the Juneteenth event are shown on Exhibit "A" attached hereto. 2) 4TH OF JULY PARADE — July 4th
The 4th Of July Parade will be held Tuesday, July 4th in Old Town Temecula with street closures scheduled as follows:

Main Street
12:00 p.m. on Monday, July Yd
from the easterly driveway edge of
to
28636 Old Town Front Street
at Be Good Restaurant to bottom of the "Y" on
3:00 p.m. on Tuesday, July 4th
Main Street
Second Street
from Mercedes Street extending into and
Tuesday, July 4th
including The Stampede parking lot located at
6:00 a.m. to 12:00 p.m.
28721 Old Town Front Street
Old Town Front Street
Tuesday, July 4th
between Moreno Road and Third Street
9:00 a.m. to 12:00 p.m.

Moreno Road
Tuesday, July 4th
10:00 a.m. to 12:00 p.m.

Mercedes Street
Tuesday, July 4th
(closure for northbound traffic only)
9:45 a.m. to 12:00 p.m.

Street closures for the 4th Of July Parade event are shown on Exhibit "B" attached hereto. 3) 4TH OF JULY FIREWORKS SHOW — July 411
The 4th of July Fireworks Show will take place Tuesday, July 4th at the Ronald Reagan Sports Park with street closures scheduled as follows:
6:00 a.m. on Tuesday, July 4th
Pauba Road
to
from Margarita Road to Showalter Road
12:00 a.m. on Wednesday, July 5 th
Calle Ventura
6:00 a.m. on Tuesday, July 4th
to

12:00 a.m. on Wednesday, July 5th
6:00 a.m. on Tuesday, July 4th
Calle Camellia
to
12:00 a.m. on Wednesday, July 5th
6:00 a.m. on Tuesday, July 4th
Showalter Road
to
12:00 a.m. on Wednesday, July 5th
Margarita Road
Tuesday, July 4th
between Rancho Vista Road and Pauba Road
7:00 p.m. to 10:00 p.m.

Southern Cross Road
Tuesday, July 4th
at Margarita Road
6:00 p.m. to 10:00 p.m.

Street closures for the 4th of July Fireworks Show are shown on Exhibit "C" attached hereto. 4) ESCAPE JOURNEY TRIBUTE BAND CONCERT — July 271h
The Escape Journey Tribute Band Concert event will be held Thursday, July 27th in Old Town Temecula with street closures scheduled as follows:

Main Street
from the easterly driveway edge of
Thursday, July 27t1i
28636 Old Town Front Street
10:00 a.m. to 11:00 p.m.
at Be Good Restaurant to Mercedes Street
Mercedes Street
Thursday, July 27th
Third Street to Fourth Street
10:00 a.m. to 11:00 p.m.

Street closures for Escape Journey Tribute Band Concert event are shown on Exhibit "A" attached hereto.
5) TEMECULA SUNSET MARKET — July to November 2023
(Bi-Monthly Afternoon Market in Old Town)
The Temecula Sunset Market will be open for public use the 2nd and 4th Wednesday of each month with the last market occurring November, 22, 2023 in the Town Square Park. The street closures necessary are as follows:

Main Street
July to November 2023
from the easterly driveway edge of
2nd and 4th Wednesday
28636 Old Town Front Street
12:00 p.m. to 11:00 p.m.
at Be Good Restaurant to Mercedes Street
July to November 2023
Mercedes Street
2nd and 4th Wednesday
Third Street to Fourth Street
12:00 p.m. to 11:00 p.m.

Street closures for the Temecula Sunset Market event are shown on Exhibit "A" attached hereto. 6) NATIONAL NIGHT OUT — August Ist
The National Night Out event will be held Tuesday, August 1st in Old Town Temecula with street closures scheduled as follows:

Main Street
from the easterly driveway edge of
Tuesday, August 1st
28636 Old Town Front Street
12:00 p.m. to 10:00 p.m.
at Be Good Restaurant to Mercedes Street
Mercedes Street
Tuesday, August 1st
Third Street to Fourth Street
12:00 p.m. to 10:00 p.m.

Street closures for the National Night Out event are shown on Exhibit "A" attached hereto.

Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways," local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these events.

FISCAL IMPACT: The costs of police services, as well as services provided by the City Public Works Maintenance Division (for providing, placing and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget.

ATTACHMENTS: 1. Exhibit A — Summerfest Road Closures 2023

2. Exhibit B — 4th of July Parade Road Closures

3. Exhibit C — 4th of July Fireworks Show 2023 Road Closures

Exhibit A: Summerfest Road Closures 2023
i
Mercedes St
141
Fourth St 4
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Surnmerfest Events
Third Sit
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June 1 Oth, 7 AM - 6 PM
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286:3�6 Old Town Front St August 1 st, 12 PM - 10 PM Old Town Front St MOW,

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ig A* Lou
Road Closure
j 6 AM to 12 PM on July 4t" - ''T ' /Tv -
Road Closure °.`,
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9 AM to 12 PM on July 4t"

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p Road Closure _ PARKING LOT
10 AM to 12 PM on July 4t" ` ` �T - - 4 r `
J Road Closure
Northbound traffic only, 9:45 AM to
12 PM on July 4t"
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Item No. 13

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
MAY 9, 2023
CALL TO ORDER at 7:01 PM: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
CSD PUBLIC COMMENTS -None

CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Brown. The vote reflected unanimous approval.

12. Approve Action Minutes of April 25, 2023
Recommendation: That the Board of Directors approve the action minutes of April 25, 2023.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:04 PM, the Community Services District meeting was formally adjourned to Tuesday, May 23, 2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

James Stewart, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 14

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: May 23, 2023
SUBJECT: Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2023-24
PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:

RESOLUTION NO. CSD

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE

CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A

REPORT WITH RESPECT TO THE PROPOSED RATES AND
CHARGES FOR FISCAL YEAR 2023-24 AND SETTING A

TIME AND PLACE FOR A PUBLIC HEARING IN

CONNECTION THEREWITH
BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council serves as the Board of Directors of the TCSD.

The TCSD is required to complete an annual levy process which includes adopting a resolution to accept the filing of a report on the proposed rates and charges necessary to provide the following services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges.

The four current service levels of the TCSD include:

1. Service Level B — Residential Street Lighting.

2. Service Level C — Perimeter Landscaping and Slope Maintenance.

3. Service Level D — Residential Recycling and Refuse Collection.

4. Service Level R — Unpaved Road Maintenance

1. Service Level B — Residential Street Lighting
The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. The rate is capped at $25.68 per single family residential.

2. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections, there are two zones subject to an annual rate increase. The rate increase is the lesser of:
(1) the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario, for the previous calendar year
(2) 5%
The Annual CPI change for 2023 was 8.70%. As a result, the following zones will see a 5% increase in the rates for Fiscal Year 2023-24.

Zone No. and Name
22-23 Rate
23-24 Rate
Increase
6 - Woodcrest County
$125.00
$131.25
$6.25
29 - Gallery Portraits
$446.16
$468.47
$22.31

3. Service Level D — Residential Recycling and Refuse Service Per the Franchise Agreement with CR&R, the change in CPI and land -fill tipping fees determine the increase/decrease in the annual Service Level D rate and charge. An increase of $25.53 is proposed to the annual rate and charge for Service Level D from $330.58 to $356.24 per residential unit beginning Fiscal Year 2023-24. The increase is due to a CPI increase of 9.31% and a land- fill tipping fee increase of 7.3%.

4. Service Level R — Unpaved Street and Road Maintenance The TCSD rates and charges for Service Level R are not proposed to increase from their approved per parcel rate. The rate is capped at $115.26 per single-family residential and $57.62 per vacant residential property.

Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for Fiscal Year 2023-24 and schedule a public hearing concerning these issues for July 25, 2023. Staff will proceed with noticing each affected property owner in the City regarding the proposed rates and charges within a minimum of forty-five (45) days prior to the public hearing.

FISCAL IMPACT: The revenue generated for the TCSD Fiscal Year 2023-24 rates and charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula.

ATTACHMENTS: 1. Resolution

2. FY 2023-24 Preliminary Engineer's Report

RESOLUTION NO. CSD 2023-

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE TEMECULA COMMUNITY SERVICES DISTRICT OF

THE CITY OF TEMECULA ACKNOWLEDGING THE

FILING OF A REPORT WITH RESPECT TO THE

PROPOSED RATES AND CHARGES FOR FISCAL YEAR
2023-24 AND SETTING A TIME AND PLACE FOR A

PUBLIC HEARING IN CONNECTION THEREWITH

THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction.

Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2023-24 Fiscal Year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831.

Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD. This Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2023-24. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection.

Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 25th day of July, 2023, at the hour of 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 41000 Main Street, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time.

Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution, regarding any increases proposed in the Report with respect to any of the rates and charges.

Section 6. The District Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 23rd day of May, 2023.

ATTEST:

Randi Johl, Secretary
[SEAL]
James Stewart, President
N

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 2023- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 23rd day of May, 2023, by the following vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

Randi Johl, Secretary

Webb
MUNIC-IIIAL t-Ii
Preliminary Engineer's Annual Levy Report
Fiscal Year 2023-2024
Temecula Community Services District
Service Levels 6, C, R and Refuse & Recycling Collection Prepared For
is
a
The Heart of Southern California
Wine Country
May 2023

Table of Contents
Sections
Tables
Section i. Engineer's Statement
Section 1.

Description of Services
1 Section 2.

Budgets and Levy Summary
2 Section 3.

District Services and Charges
10 Section 4.

Changes to the District
16 Section 5.

Method of Apportionment
18 Section 6.

Tax Roll
21 Table 2-1.

Operating Budget Summary for Service Levels B, D and R
3 Table 2-2.

Operating Budget for Service Level C
4 Table 2-3.

Year over Year Budget Comparison
9 Table 3-1.

Service Level B
10 Table 3-2.

Service Level C
11 Table 5-1.

Parcel Charge Calculation Service Level B
18 Table 5-2.

Parcel Charge Calculation Service Level C
19 Table 5-3.

Parcel Charge Calculation Service Level R
20 Table 5-4.

Parcel Charge Calculation Refuse/Recycling Collection
20 Appendices
Appendix A. Tax Roll A-1

i. Engineer's Statement
AGENCY: CITY OF TEMECULA
PROJECT: TEMECULA COMMUNITY SERVICES DISTRICT
TO: BOARD OF DIRECTORS

CITY OF TEMECULA

STATE OF CALIFORNIA
REPORT PURSUANT TO GOVERNMENT CODE SECTION 61115
Pursuant to Government Code Section 61115, this Report is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level R and Refuse/Recycling Collection rates and charges for the parcels and territories within the District. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2023-2024. In such case, the levy information will be submitted to the Riverside County Auditor/Controller and included as Charges on the property tax roll for the various services provided in Fiscal Year 2023-2024.

SECTION 1 DESCRIPTION OF SERVICES of the areas covered and the services provided for the Fiscal Year. The description of services shows and describes the existing improvements and is sufficient in showing and describing the general nature, location, and extent of the improvements.

SECTION 2 A BUDGETS AND LEVY SUMMARY by Service Level of the improvements to be maintained and/or improved for the mentioned Fiscal Year.

SECTION 3 A description of the DISTRICT SERVICES AND CHARGES by Service Level, describing the method used to apportion the District charges.

SECTION 4 CHANGES TO THE DISTRICT Contains details of changes that have occurred within the District since its inception that could affect the levy.

SECTION 5 The METHOD OF APPORTIONMENT used to Calculate the levy for each of the Service Levels.

SECTION 6 The TAx ROLL information.

Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

i. Engineer's Statement
WHEREAS, upon incorporation of the City of Temecula (the "City"), effective December 1, 1989 voters approved the formation of the Temecula Community Services District (the "District") to provide specified services previously provided by the County of Riverside (the "County") to properties within its jurisdiction. The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors (the "Board") for the District. The District collects property -related fees and charges ("Charges") in order to provide services and maintain the improvements within the District.

The District was formed, and Charges were set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law").

WHEREAS, each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed, and approved by the Board. This Report describes the District, any changes to the District, and the proposed Charges for the fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Parcel Number or Property Identification Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Property Identification Numbers and specific Fund Numbers to identify, on the tax roll, properties charged for District services. The Charges contained in the Report are based on the historical and estimated costs to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as unpaved road improvement and maintenance within specified areas of the District.

WHEREAS, Pursuant to Government Code Section 61115 the District has prescribed, revised, and collected rates and charges for residential street lighting ("Service Level B"), perimeter landscaping ("Service Level C"), unpaved road maintenance ("Service Level R"), and Refuse/Recycling Collection services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Section 61115.

Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) II Engineer's Annual Levy Report for Fiscal Year 2023-2024

i. Engineer's Statement
Now, THEREFORE, I Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the Temecula Community Services District, pursuant to the " CSD Law", do hereby submit the following:

The District requested Webb Municipal Finance, LLC, to prepare and file an Engineer's Levy Report for Temecula Community Services District (Levels B, C, R and Refuse/Recycling Collection) pursuant to the Government Code Section 61115, presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations, and servicing of the improvements for Service Levels B, C, R and Refuse/Recycling Collection, for the referenced Fiscal Year, an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within each Service Level and Refuse/Recycling Collection in proportion to the special benefit received;
This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District.

Please note that Albert A. Webb Associates provides engineering advice and related consulting services. Albert A. Webb Associates is not a registered municipal advisor and does not participate in municipal advisory activities, and nothing in this Engineer's Report is, or should be interpreted to be, municipal advisory services or advice.

Executed this day of 2023.

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ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385

ENGINEER OF WORK

ON BEHALF OF THE CITY OF TEMECULA AND

THE TEMECULA COMMUNITY SERVICES DISTRICT

STATE OF CALIFORNIA
Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

i. Engineer's Statement
Final approval, confirmation and levy of the annual assessments and all matters in the Engineer's Report were made on the day of 2023, by adoption of Resolution No. by the Board of Directors.

CITY CLERK

CITY OF TEMECULA

STATE OF CALIFORNIA
A copy of the Tax Roll and Engineer's Annual Levy Report were filed in the office of the City Clerk on the day of 12023.

CITY CLERK

CITY OF TEMECULA

STATE OF CALIFORNIA
Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report, for Fiscal Year 2023-2024 IV

1. Description of Services
The boundary of the District is coterminous with the City boundary and includes all parcels within the City. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as "Service Levels". Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided.

All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are spread among all properties within that Service Level to which the service is provided in accordance with the Method of Apportionment of the specific service level. Services and improvements provided throughout the District include residential street lighting, perimeter landscape maintenance and slope protection, unpaved road improvement construction and maintenance, and a refuse and recycling collection program. The Service Levels are identified as follows:

Service Level B - Residential Street Lighting
Services include the operation, maintenance, utility costs, and administration of residential streetlights.

Service Level C - Perimeter Landscaping
Services include the operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the District.

Service Level R - Unpaved Road Maintenance
Services include the operation and administration of certain unpaved streets and roads maintained by the District.

Refuse/Recycling Collection
Services include the operation and administration of the refuse and recycling program for single-family dwellings.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
The budgets for each Service Level are shown below. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included in each of the Service Levels. The "Total Levy Units" and the resulting "Charge per Levy Unit" (shown in Table 2-2), reflect a method of apportionment that most fairly spreads the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and Refuse/Recycling Collection is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit ("PDU"), which is similar to a per parcel count but makes a distinction between developed and undeveloped parcels. For a more complete description of the methods used for calculating the "Total Levy Units" used for each Service Level, please refer to Section 5, Method of Apportionment.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 2 Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
Table 2-1
Service Levels B, R and Refuse/Recycling Operating Budget Summary for Fiscal Year Ending June 30, 2024

PERSONNEL
Services
Subtotal Personnel Services

OPERATIONS MAINTENANCE
Repair & Maintenance Facilities
Office Supplies
Printing
Election Costs (Offset by Developer Deposits)
Dues and Memberships
Postage and Packaging
Property Tax Administrative Fees
Utilities
Small Tools and Equipment
Uniforms
Consulting Services
Other Outside Services
Public Notices
Staff Training/Education
Mileage
Recognition Program
Subtotal 5200's
Waste Hauling
Street Lighting
Subtotal 5300's
Emergency Road Maintenance
Landscape Maintenance
Landscape Rehabilitation
Subtotal 5400's
Recycling Programs
Subtotal
Capital Outlay
Subtotal
5200'S
5212
5220
5222
5225
5226
5230
5231
5240
5242
5243
5248
5250
5256
5261
5262
5265
5315
5319
5402
5415
5416
$0 $0 $80,000 $80,000
$0 $0 $80,000 $80,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$6,500
$6,500
$0
$0
$0
$0
$12,000
$200
$13,000
$25,200
$0
$0
$0
$0
$0
$0
$5,000
$5,000
$0
$0
$100
$100
$0
$0
$0
$0
$0
$0
$20,000
$20,000
$0
$0
$20,000
$20,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$12,000
$200
$64,600
$76,800
$0
$0
$10,327,204
$10,327,204
$455,000
$0
$0
$455,000
$455,000
$0
$10,327,204
$10,782,204
$0
$10,000
$0
$10,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$10,000
$0
$10,000
$0
$0
$8,000
$0
$0
$0
$8,000
$0
$0 $0 $0 $0
$0 $0 $0 $0

TOTAL DIRECT DISTRICT COSTS
$467,000
$10,200
$10,479,804
$10,949,004

EXPENDITURES/REVENUES
Contingency Reserve
$0
$0
$0
$0

TOTAL EXPENDITURES / REVENUES
$467,000
$10,200
$10,479,804
$10,949,004

CONTRIBUTIONS
Contributions from Grants
4025
$0
$0
$0
$0
Operation Income
$0
$0
$0
$0
Other Contributions
($187,763)
$0
$37,697
($150,066)
Fund Balance Collection/Contribution
$0
$4,668
$0
$4,668

TOTAL COLLECTION/CONTRIBUTIONS
($187,763)
$4,668
$37,697
($145,398)
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 3 Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
Table 2-2
Service Levels C Operating Budget for Fiscal Year Ending June 30, 2024 Budget FY 2023-2024

DIRECT COSTS
Saddlewood
Zone 01
Winchester
Creek
Zone 02
$1,500
$9,400
Rancho
Highlands
Zone 03
The
Vineyards
Zone 0,
Signet
Series
Zone 05
Woodcrest
Country
Zone 0.

Repair & Maintenance / Facility
$1,000
$2,000
$12,000
$1,000
$1,680
$2,000
$12,000
$1,200
$4,700
Utilities
$9,600
Landscape Contract
$26,736
$18,456
$21,000
$3,708
$19,092
$9,552
Rehabilitation
$0
$10,000
$10,000
$0
$3,500
$10,000

TOTAL DIRECT COSTS
$37,336
$39,356
$45,000
$6,388
$36,592
$25,452

INDIRECT COSTS
CityAdmin
$5
$5
$5
$5
$5
$5
County Fees
$206
$258
$234
$140
$169
$171
Special Tax Consultant
$250
$300
$250
$175
$175
$200

TOTAL DIRECT COSTS
$461
$563
$489
$320
$349
$376
TOTAL•
0:

ADJUSTMENTS
Fund Balance Collection/Contribution
$135
$2,623
$1,839
($314)
$2,084
$4,228
TOTAL0,0
EDUs
327
478
408
139
223
229
FY 2023-2024 Proposed Rate
$116.00
$89.00
$116.00
$46.00
$175.00
$131.24
FY 2022-2023 Maximum Rate
$116.00
$89.00
$116.00
$46.00
$175.00
$125.00
FY 2023-2024 Maximum Rate
$116.00
$89.00
$116.00
$46.00
$175.00
$131.25
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
Budget FY 2023-2024

DIRECT COSTS
Ridgeview �,
Village
Grove I
Rancho 0
Solana .
1 Martinique
Meadowview
Vintage
Hills
Repair & Maintenance / Facility
$1,100
$4,500
$500
$1,000
$350
$3,300
Utilities
$6,200
$34,650
$1,500
$3,780
$1,150
$28,000
Landscape Contract
$6,360
$71,292
$960
$3,180
$792
$44,556
Rehabilitation
$1,200
$25,000
$2,000
$1,500
$0
$20,000

TOTAL DIRECT COSTS
$14,860
$135,442
$4,960
$9,460
$2,292
$95,856

INDIRECT COSTS
CityAdmin
$5
$5
$5
$5
$5
$5
County Fees
$151
$365
$130
$121
$96
$382
Special Tax Consultant
$175
$400
$150
$150
$125
$450

TOTAL DIRECT COSTS
$331
$770
$285
$276
$226
$837
TOTAL•

ADJUSTMENTS
Fund Balance Collection/Contribution
$117
$813
($139)
$8
($68)
($297)
TOTAL•.

EDUs
172
783
111
84 14
831
FY 2023-2024 Proposed Rate
$89.00
$175.00
$46.00
$116.00
$175.00
$116.00
FY 2022-2023 Maximum Rate
$89.00
$175.00
$46.00
$116.00
$175.00
$116.00
FY 2023-2024 Maximum Rate
$89.00
$175.00
$46.00
$116.00
$175.00
$116.00
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
Budget FY 2023-2024

DIRECT COSTS
Presley
-
Dlis
Morrison
Barclay
Monte
Temeku
Repair & Maintenance / Facility
$1,200
$1,000
$400
$2,000
$105
$3,000
Utilities
$12,200
$6,900
$2,400
$4,500
$950
$21,000
Landscape Contract
$14,640
$5,724
$5,088
$12,096
$900
$48,372
Rehabilitation
$5,000
$2,500
$1,500
$15,000
$0
$15,000

TOTAL DIRECT COSTS
$33,040
$16,124
$9,388
$33,596
$1,955
$87,372

INDIRECT COSTS
CityAdmin
$5
$5
$5
$5
$5
$5
County Fees
$352
$149
$111
$167
$107
$561
Special Tax Consultant
$425
$175
$130
$200
$125
$625

TOTAL DIRECT COSTS
$782
$329
$246
$372
$237
$1,191
TOTAL•

ADJUSTMENTS
Fund Balance Collection/Contribution
$402
($1,679)
$166
$3,832
($76)
$5,447
TOTAL:00
EDUs
744
166
56 $37,800
216
46 1,343
FY 2023-2024 Proposed Rate
$46.00
$89.00
$175.00
$175.00
$46.00
$70.00
FY 2022-2023 Maximum Rate
$46.00
$89.00
$175.00
$175.00
$46.00
$70.00
FY 2023-2024 Maximum Rate
$46.00
$89.00
$175.00
$175.00
$46.00
$70.00
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
Budget FY 2023-2024

DIRECT COSTS
Chaternar
Crowne
Hill
$5,500
Vail
Ranch
Sutton
Place
Pheasant
Hill
Harveston
Repair & Maintenance / Facility
$2,500
$13,000
$425
$400
$6,000
Utilities
$8,900
$50,000
$45,000
$1,800
$1,900
$32,000
Landscape Contract
$31,824
$70,020
$120,348
$2,064
$2,868
$70,020
Rehabilitation
$10,000
$50,000
$47,000
$0
$3,000
$50,000

TOTAL DIRECT COSTS
$53,224
$175,520
$225,348
$4,289
$8,168
$158,020

INDIRECT COSTS
CityAdmin
$5
$5
$5
$5
$5
$5
County Fees
$176
$447
$710
$104
$238
$659
Special Tax Consultant
$200
$500
$850
$125
$250
$750

TOTAL DIRECT COSTS
$381
$952
$1,565
$234
$493
$1,414
TOTAL•

ADJUSTMENTS
($115)
($261)
Fund Balance Collection/Contribution
$845
$1,503
$1,288
$2,666
TOTAL00
EDUs
242
1,017
1,769
38 420
$162,100
1,621
FY 2023-2024 Proposed Rate
$225.00
$175.00
$129.00
$116.00
$20.00
$100.00
FY 2022-2023 Maximum Rate
$225.00
$175.00
$129.00
$116.00
$20.00
$100.00
FY 2023-2024 Maximum Rate
$225.00
$175.00
$129.00
$116.00
$20.00
$100.00
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
Budget FY 2023-2024

DIRECT COSTS
Serena
Hills
Gallery
Traditions
Avondale
Wolf
Creek
Gallery
Portraits
Zone 29
Repair & Maintenance / Facility
$2,000
$250
$500
$9,000
$500
Utilities
$13,000
$1,000
$5,285
$78,000
$1,050
Landscape Contract
$22,284
$792
$3,180
$108,216
$1,272
Rehabilitation
$6,500
$0
$0
$35,000
$1,000

TOTAL DIRECT COSTS
$43,784
$2,042
$8,965
$230,216
$3,822

INDIRECT COSTS
CityAdmin
$5
$5
$5
$5
$5
County Fees
$168
$94
$137
$723
$95
Special Tax Consultant
$200
$100
$150
$800
$110

TOTAL DIRECT COSTS
$373
$199
$292
$1,528
$210
TOTAL•

ADJUSTMENTS
Fund Balance Collection/Contribution
($157)
($81)
($157)
$1,230
$653
TOTAL000
EDUs
220
$2,160
8 $9,100
130
1,806
10 FY 2023-2024 Proposed Rate
$200.00
$270.00
$70.00
$129.00
$468.46
FY 2022-2023 Maximum Rate
$200.00
$270.00
$70.00
$129.00
$446.16
FY 2023-2024 Maximum Rate
$200.00
$270.00
$70.00
$129.00
$468.47
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

2. Budgets and Levy Summary
The following Table provides levy information for the various Service Levels within the District, comparing the Budget for Fiscal Year 2023-2024 to the previous fiscal year.

Table 2-3
Year -over -Year Budget Comparison
FISCAL
YEAR 2022-2023
Total
ENROLL
Charge /
........

Total
7 FISCAL YEAR
W
2023-2024
% Change

PROJECTIONS
Total
rcels Levy
Units
Service Level B - Residential Street Lighting
Levy
Unit
Levy
Parcels
per Levy
Unit IWF
Levy
Single -Family
24,612
24,612
$25.68
$632,036.16
25,157
25,157

0.00%
$25.68
$646,031.76
Residential
Condominium
680
340
$25.68
$8,731.20
680
340

0.00%
$25.68
$8,731.20
68-2914
25,292
24,952
$640,767.36
25,292
25,497
$654,762.96
Service Level C - Perimeter Landscaping (1)(2)
Zone 1
68-2930
327
327
$116.00
$37,932.00
327
327

0.00%
$116.00
$37,932.00
Zone 2
68-2931
478
478
$89.00
$42,542.00
478
478

0.00%
$89.00
$42,542.00
Zone 3
68-2932
408
408
$116.00
$47,328.00
408
408

0.00%
$116.00
$47,328.00
Zone 4
68-2933
139
139
$46.00
$6,394.00
139
139

0.00%
$46.00
$6,394.00
Zone 5
68-2934
223
223
$175.00
$39,025.00
223
223

0.00%
$175.00
$39,025.00
Zone 6
68-2935
229
229
$125.00
$28,625.00
229
229

5.00%
$131.24
$30,053.96
Zone 7
68-2936
172
172
$89.00
$15,308.00
172
172

0.00%
$89.00
$15,308.00
Zone 8
68-2937
783
783
$175.00
$137,025.00
783
783

0.00%
$175.00
$137,025.00
Zone 9
68-2938
111
111
$46.00
$5,106.00
111
111

0.00%
$46.00
$5,106.00
Zone 10
68-2939
84 84
$116.00
$9,744.00
84 84

0.00%
$116.00
$9,744.00
Zone 11
68-2940
14 14
$175.00
$2,450.00
14 14

0.00%
$175.00
$2,450.00
Zone 12
68-2941
831
831
$116.00
$96,396.00
831
831

0.00%
$116.00
$96,396.00
Zone 13
68-2942
744
744
$46.00
$34,224.00
744
744

0.00%
$46.00
$34,224.00
Zone 14
68-2943
166
166
$89.00
$14,774.00
166
166

0.00%
$89.00
$14,774.00
Zone 15
68-2944
56 56
$175.00
$9,800.00
56 56

0.00%
$175.00
$9,800.00
Zone 16
68-2945
216
216
$175.00
$37,800.00
216
216

0.00%
$175.00
$37,800.00
Zone 17
68-2946
46 46
$46.00
$2,116.00
46 46

0.00%
$46.00
$2,116.00
Zone 18
68-2947
1,343
1,343
$70.00
$94,010.00
1,343
1,343

0.00%
$70.00
$94,010.00
Zone 19
68-2948
242
242
$225.00
$54,450.00
242
242

0.00%
$225.00
$54,450.00
Zone 20
68-2949
1,017
1,017
$175.00
$177,975.00
1,017
1,017

0.00%
$175.00
$177,975.00
Zone 21
68-2950
1,769
1,769
$129.00
$228,201.00
1,769
1,769

0.00%
$129.00
$228,201.00
Zone 22
68-2951
38 38
$116.00
$4,408.00
38 38

0.00%
$116.00
$4,408.00
Zone 23
68-2952
420
420
$20.00
$8,400.00
420
420

0.00%
$20.00
$8,400.00
Zone 24
68-2953
1,621
1,621
$100.00
$162,100.00
1,621
1,621

0.00%
$100.00
$162,100.00
Zone 25
68-2954
220
220
$200.00
$44,000.00
220
220

0.00%
$200.00
$44,000.00
Zone 26
68-2955
8 8
$270.00
$2,160.00
8 8

0.00%
$270.00
$2,160.00
Zone 27
68-2956
130
130
$70.00
$9,100.00
130
130

0.00%
$70.00
$9,100.00
Zone 28
68-2957
1,806
1,806
$129.00
$232,974.00
1,806
1,806

0.00%
$129.00
$232,974.00
Zone 29
68-2958
10 10
$446.16
$4,461.60
10 10

5.00%
$468.46
$4,684.60
Zone 30
N/A
0 N/A
N/A
N/A
0 N/A
N/A
N/A
N/A
Zone 31
N/A
0 N/A
N/A
N/A
0 N/A
N/A
N/A
N/A
Zone 32
N/A
0 N/A
N/A
N/A
0 N/A
N/A
N/A
N/A
Total
13,651
13,651
$1,588,828.60
13,651
13,651
$1,590,480.56
Service Level R - Road Maintenance
Rate Level
68-2917
55 48
N/A
$5,532.48
55 48
$115.26
$5,532.48
1 Citywide Recycling/Refuse Collection
68-2916
28,897
28,897
$330.58
$9,552,770.26

29.312
29,312
$356.24
1 $10,442,106.88
(1) The maximum rate per Levy Unit, for Zones 6, 29, 31 and 32 will escalate by the lesser of 5% or the percentage increase in the Consumer Price Index ("CPI"), which is

8.70%. For Fiscal Year 2023-2024 the increase will be 5.00%, the percentage increase in the Annual CPI. (2) Zones 30, 31, & 32 will not be levied for Fiscal Year 2023-2024 as the project areas will be maintained by an HOA.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

3. District Services and Charges
Service Level B, Residential Street Lighting
Service Level B includes all developed single-family residential parcels, condominiums, and residential vacant lots for which the District provides ongoing servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential lot ($12.84 per condominium unit within Specific Plans) and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2023-2024.

Table 3-1
Service Level B
04153-00 19872-05 20882-01 21675-04 23063-03 23101-05 23267-02 24135-03 27827-01 29928-00 31053-03 04188-00 19939-00 20882-02 21675-05 23063-04 23101-06 23267-03 24136-00 27827-02 29928-01 31276-00 04457-00 19939-01 20882-03 21675-06 23063-05 23125-00 23267-04 24136-01 27827-03 29928-02 31344-00 06559-00 19939-02 20987-00 21760-00 23063-06 23125-01 23371-00 24136-02 28309-00 29928-03 31898-00 07401-00 20079-00 21067-00 21765-00 23063-07 23125-02 23371-01 24136-03 28480-00 29929-00 32104-00 07402-00 20079-01 21082-00 22148-00 23063-08 23125-03 23371-02 24182-01 28482-00 29929-01 32169-00 08369-00 20079-02 21082-01 22203-00 23064-00 23126-00 23371-03 24182-02 28482-01 30088-00 32170-00 08369-01 20079-03 21082-02 22204-00 23064-01 23128-00 23371-04 24182-03 28482-02 30264-00 32319-00 08369-02 20130-00 21082-03 22208-00 23064-02 23142-00 23371-05 24182-04 28482-03 30264-01 32436-00 11087-01 20130-01 21082-04 22593-00 23064-03 23143-00 23371-06 24183-00 28503-00 30264-02 32436-01 11087-02 20130-02 21340-00 22593-01 23065-00 23143-01 23371-07 24183-01 28510-00 30264-03 32437-00 12189-01 20130-03 21340-01 22593-02 23065-01 23143-02 23371-08 24184-00 28510-01 30264-04 32437-01 12189-02 20130-04 21340-02 22627-00 23065-03 23143-03 23371-09 24184-01 28510-02 30264-05 32437-02 12189-03 20130-05 21340-03 22627-01 23065-04 23143-04 23371-10 24185-00 28510-03 30264-06 32437-03 12189-04 20130-06 21340-04 22715-00 23065-05 23143-06 23371-11 24185-01 28526-00 30264-07 33124-00 12189-05 20153-00 21340-05 22715-01 23066-01 23143-07 23371-14 24185-02 28553-00 30264-08 33125-00 12189-06 20154-00 21340-06 22715-02 23066-02 23143-08 23483-00 24186-00 28553-01 30264-09 34698-00 12189-07 20319-00 21340-07 22716-00 23066-03 23143-09 24131-00 24186-01 28810-00 30264-10 Old Town 13060-01 20643-00 21430-01 22716-01 23066-04 23143-10 24131-01 24186-02 28980-00 30264-11 PM 24387 13060-02 20644-00 21561-00 22716-02 23066-05 23143-11 24131-02 24186-03 29033-00 30264-12 PM 26488 13060-03 20703-01 21672-01 22716-03 23067-02 23173-00 24131-03 24187-00 29036-00 30264-13 PM 27493 13060-04 20703-02 21672-02 22716-04 23067-03 23173-01 24132-00 24187-01 29133-00 30264-14 PM 28122 13060-05 20703-03 21672-03 22761-00 23067-04 23173-02 24132-01 24187-02 29203-00 30264-15 37341-01 13060-06 20735-01 21672-04 22762-00 23067-05 23173-03 24133-00 24188-00 29286-00 30667-00 37341-03 13060-07 20735-02 21673-00 22786-00 23100-01 23173-04 24133-01 24188-01 29734-00 30667-01 37341-04 13060-08 20735-03 21673-01 22915-00 23100-02 23174-01 24133-02 24188-02 29798-00 30667-02 37341-05 18518-00 20735-04 21673-02 22915-01 23100-03 23174-02 24133-03 24188-03 29798-01 30667-03 37341-06 18518-01 20735-05 21673-03 22915-02 23100-04 23174-03 24133-04 24232-00 29798-02 30668-00 37341-07 18518-02 20735-06 21674-00 22915-03 23100-05 23174-04 24133-05 25004-00 29798-03 30668-01 37341-08 18518-03 20735-07 21674-01 22916-00 23100-06 23174-05 24134-00 25004-01 29798-04 30668-02 37341-09 18583-00 20735-08 21674-02 22916-01 23100-07 23174-06 24134-01 25892-00 29798-05 30669-00 37341-10 19872-00 20735-09 21674-03 22916-02 23100-08 23177-00 24134-02 26488-00 29798-06 30669-01 19872-01 20848-00 21675-00 22916-03 23101-01 23209-00 24134-03 26828-00 29798-07 30669-02 19872-02 20879-00 21675-01 22962-00 23101-02 23220-00 24135-00 26828-01 29798-08 31053-00 19872-03 20879-01 21675-02 23063-01 23101-03 23267-00 24135-01 26828-02 29798-09 31053-01 19872-04 20882-00 21675-03 23063-02 23101-04 23267-01 24135-02 27827-00 29798-10 31053-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 10 Engineer's Annual Levy Report for Fiscal Year 2023-2024

3. District Services and Charges
Service Level C, Perimeter Landscaping
Service level C includes all developed single family and condominium residential parcels and residential vacant lots for which the District provides on -going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public rights -of -way and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required in these tracts and subdivisions varies depending on operating costs. Thirty-two (32) Zones with corresponding rates have been established within Service Level C.

In recent fiscal years, the cost of maintaining the perimeter landscaping for most zones in Service Level C, far accede the maximum assessment that can be levied against the parcels in these zones. As a result, it has been necessary for City staff to reduce services and activities and/or reduce or eliminate the collection of funding for longterm repairs, replacements and rehabilitation.

The current rates and charges for Service Level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2023-2024.

Table 3-2
Service Level C
Zone No. 1 Maximum Rate: 11 Proposed 11
Tract Name: Tract Numbers:

Saddlewood 18518-00 18518-01 18518-02 18518-03
Zone No. 2
Tract Name:

Maximum Rate: 11 1 Proposed 11
Tract Numbers:

Winchester Creek
20130-00 20130-01 20130-02 20130-03 20130-04 20130-05 20130-06 21340-00 21340-01 21340-02 21340-03 21340-04 21340-05 21340-06 Tract Name: Tract Numbers:

Rancho Highlands 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00 Zone No. 4 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers:

The Vineyards 1' • 11 1' • 1
Zone No. 5 Maximum Rate: $175.00 Proposed Rate: $175.00 Tract Name: Tract Numbers:

Signet Series 20882-00 20882-01 20882-02 20882-03
ProposedZone No. 6 0) Maximum Rate: $131.25
Tract Name: Tract Numbers:

Woodcrest Country 21561-00 22208-00
(3) Beginning Fiscal Year 2009-2010, the base rate for Zone 6 was $95.00. Each year thereafter, beginning Fiscal Year 2010-2011 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%.

Zone No. 7 Maximum Rate: $89.00 Proposed Rate: $89.00
Tract Name: Tract Numbers:

Ridgeview 20735-07 20735-08 20735-09 20881-00 21764-00
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024

3. District Services and Charges
11 Proposed 11
Tract Name:

Tract Numbers:

Village Grove
21672-01 21672-02
21672-03
21672-04 21673-00 21637-01 21637-02
21673-03 21674-00
21674-01
21674-02 21674-03 21675-00 21675-01
21675-02 21675-03
21675-04
21675-05 21675-06
Zone No. 9 maximum Rate: $46.00 Proposed Rate: $46.00
Tract Name: Tract Numbers:

Rancho Solana 22593-00 22593-01 22593-02
Zone No. 10 I Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers:

FARMOM : 11
Zone No. 11 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers:
-... - IT FRO1
Zone No. 12
Maximum Rate: 11 Proposed 11
Tract Name:

Tract Numbers:

Vintage Hills
22715-00 22715-01 22715-02 22716-00 22716-01 22716-02 22716-03 22716-04 22915-00 22915-01 22915-02 22915-03 22916-00 22916-01 22916-02 22916-03
Zone No. 13
Tract Name:
maximum Rate: $46.00 Proposed Rate: $46.00
Tract Numbers:

Presley Development
23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03
Zone No. 14 I Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers:

Morrison Homes BIT �: 11
Zone No. 15 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers:

Barclay Estates 11� 1
ximum Rate: $175.00 Proposed Rate: $175.00
Tract Name: Tract Numbers:

Tradewinds 1 23125-00 23125-01 23125-02 23125-03
Zone No. 17 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers:

F"AfflIff-mm: 1• 11
Zone No.
1 11
Proposed 1 11
Tract Name:

Tract Numbers:

Te m eku Hills
23371-00 23371-01
23371-02
23371-03 23771-04 23771-05 23371-06
23371-07 23371-08
23371-09
23371-10 23371-11 23371-14 28482-00
28482-01 28482-02
28482-03
28526-00 29033-00
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 12 Engineer's Annual Levy Report for Fiscal Year 2023-2024

3. District Services and Charges
iximum Rate: 00 Proposed Rate: $225.00
Tract Name: Tract Numbers:

Chante mar 1 28510-00 28510-01 28510-02 28510-03
Zone No. 20
Tract Name:

Maximum Rate: 00 Proposed Rate: $175.00
Tract Numbers:

Crowne Hill
23143-00 23143-02 23413-03 23413-04 23413-01 23413-03 23413-04 23413-06 23413-07 23413-08 23413-09 23413-10 23413-11
Zone No. 21
Tract Name:
maximum Rate: 00 Proposed Rate: $129.00
Tract Numbers:

Vail Ranch Gated Community
28832-00
Vail Ranch Residential
23173-00 23173-01 23173-02 23173-03 23173-04 23174-01 23174-02 23174-03 23174-04 23174-05 23174-06 28480-00
Zone No. 22 I Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers:

Sutton Place In, :. II
Zone No. 23
Tract Name:

Maximum Rate: $20.00 Proposed Rate: $20.00
Tract Numbers:

Pheasant Run
19872 19872-01 19872-02 19872-03 19872-04 19872-05
Zone No. 24
Tract Name:
maximum Rate: $100.00
Tract Numbers:

Proposed Rate:
$100.00
Harveston
29928
30667
30669
32436
29928-01
30667-01
30669-01
32436-01
29928-02
30667-02
30669-02
32437
29928-03
30667-03
31053
32437-01
29929
30668
31053-01
32437-02
29929-01
30668-01
31053-02
32437-03
30088
30668-02
31053-03
34698
Harveston Ashville 1
31276
Harveston Ashville 11
32104
Harveston Condos
32169
32170
Zone No. 25 I Maximum Rate: $200.00 I Proposed Rate: $200.00 Tract Name: Tract Numbers:

Zone No. 26 I Maximum Rate: $270.00 I Proposed Rate: $270.00 Tract Name: Tract Numbers:
.. •Homes
Zone No. 27
Tract Name:

Maximum Rate: $70.00 Proposed Rate: $70.00
Tract Numbers:

Avondale
1 26828 26828-01 26828-02
Zone No. 28
Maximum
Rate:
00 Proposed
Rate:
$129.00
Tract Name:

Tract Numbers:

Wolf Creek
29798
29798-01
29798-02
29798-03
29798-04
29798-05
29798-06
29798-07
29798-08
29798-09
30264
30264-01
30264-02
30264-03
30264-04
30264-05
30264-06
30264-07
30264-08
30264-09
30264-10
30264-11
30264-12
30264-13
30264-14
30264-15
31898
33125
32319
33124
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 13 Engineer's Annual Levy Report for Fiscal Year 2023-2024

3. District Services and Charges
Zone No. 29 0) I Maximum Rate: $468.47 I Proposed Rate: $468.46 Tract Name: Tract Numbers:

Gallery •. ,I FITI=
(4) Beginning Fiscal Year 2006-2007, the base rate for Zone 29 was $315.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 29 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%.

Zone No. 30 (1)(6) I Maximum Rate: $129.00 I Proposed Rate: $0.00 Tract Name: Tract Numbers:
.. . .
(5) The maximum rate for Zone 30 is $129.00.
(6) Beginning Fiscal Year 2010-2011, Zone 30 elected to maintain its own perimeter landscaping under the existing Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024.

Zone No. 31 (7)(1) I Maximum Rate: $38.66 I Proposed Rate: $0.00 Tract Name: Tract Numbers:

Roripaugh Ranch
(7) Beginning Fiscal Year 2006-2007, the base rate for Zone 31 was $26.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 31, the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%. (8) Zone 31 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024.

Zone No. 32 (9)(10) I Maximum Rate: $884.26 I Proposed Rate: $0.00 Tract Name: Tract Numbers:

Vineyard -
(9) Beginning Fiscal Year 2008-2009, the base rate for Zone 32 was $640.00. Each year thereafter, beginning Fiscal Year 2009-2010 for Zone 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%. (10) Zone 32 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024.

Service Level R, Road Maintenance
Service Level R provides funding for construction, improvement, service, and maintenance of unpaved public streets and roads within specific areas of the District. The services provided may include, but are not limited to, renovation or restoration due to damage, flood and drainage control, repairs and re -grading, and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R share in the cost of the services provided. The costs associated with the services are spread among all parcels within various areas ("rate levels") of Service Level R in accordance with the Rate and Method of Apportionment for the service level.

Service Level R currently has one (1) active rate level, Rate Level R-1. The area for Rate Level R-2 has been fully paved and therefore an assessment is currently not required. Only the parcels within Rate Level R-1 boundary area will be charged for the costs associated with servicing and maintaining the roads and streets in the area.

RATE LEVEL R-1— This rate level consists of fifty-five (55) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for the servicing and maintenance of Kimberly Lane, Greenwood Lane, Liefer Road, Gatlin Road, and Pala Vista. A total of 1.546 miles of roads are serviced and maintained in this area. The current maximum rates and charges in R-1 are $115.26 per single-family residential lot and $57.62 per vacant residential lot.

RATE LEVEL R-2 — This rate level consists of forty (40) assessable parcels that have direct access to Santiago Road. This area has been fully paved and no longer requires service under this District.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 14 Engineer's Annual Levy Report for Fiscal Year 2023-2024

3. District Services and Charges
Refuse/Recycling Collection
The Refuse/Recycling Collection Service Level provides for the operation and administration of the refuse collection program, including recycling services for all developed residential homes (or "Households") within the District. The rate and charge for Fiscal Year 2023-2024 Refuse/Recycling Collection is $356.24 per Household and will be applied to all parcels that have been identified as developed residential homes.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 15 Engineer's Annual Levy Report for Fiscal Year 2023-2024

4. Changes to the District
Changes or modifications to the District structure, if any, could include but are not limited to, changes or expansion in the existing improvements or in the types of services provided, addition of new services or Service Levels, restructuring of the current Service Levels, inclusion of parcels into the District or Service Levels, or revisions to the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following.

Notable Previous Modifications to the District
Two Service Levels Replaced with a Special Tax
On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District.

Beginning in Fiscal Year 1997-1998 the below two Service Levels were replaced by the Special Tax and are no longer charged through the District.
• COMMUNITY SERVICES, PARKS, AND RECREATION — This service level provided for the maintenance, service, and operation of all public parks and recreation services within the City. • SERVICE LEVEL A, ARTERIAL STREET LIGHTING AND MEDIANS — This service level provided servicing, operation, and maintenance of traffic signals, street lighting, and landscaped medians along arterial streets.

Service Level R
As of Fiscal Year 2008-2009, the streets have been fully paved and there is no longer a need to assess for unpaved road maintenance (Rate level R-2).

Proposed Modifications to the District for Fiscal Year 2023-2024 The most notable modification to the District for Fiscal Year 2023-2024 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District may accept additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts would be included in the appropriate Service Levels. The improvements and services for Service Levels B and C are typically tract or development specific and therefore, all parcels within a tract or development would be included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in the Refuse/Recycling Collection when a new single-family residential unit is identified, and service is ordered.

Service Level B
In Fiscal Year 2022-2023 the District conducted a successful Proposition 218 ballot proceeding and annexed 545 parcels into Service Level B.

Service Level C
The annual revenue collected for the majority of the Zones in Service Level C is not sufficient to cover the costs to maintain these zones. Due to the rising costs, the District has had to reduce services to the maintenance of the perimeter landscaping for these zones. In Fiscal Year 2019-2020 the District conducted a Proposition 218 ballot proceeding to increase the assessment rates for Zones 1, 4, 7, 10, 11, 14, 15, 17, 22 and 27. The majority of the ballots received were in opposition to the increased assessments in all zones, and the increase was therefore not applied. The assessment rates, for 27 of the 29 zones currently assessed in Service Level C, have not increased since the zones were established. Because the costs continue to increase and the assessments have stayed the same, the service will remain limited and may have to be reduced further due to limited annual funds.

In Fiscal Year 2020-2021 the District terminated the flood channel easements in Zone 7 therefore eliminating the need for maintenance of said areas. This action resulted in the termination of the assessment for only the sixteen (16) parcels affected, effective Fiscal Year 2020-2021.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 16 Engineer's Annual Levy Report for Fiscal Year 2023-2024

4. Changes to the District
In December of 2020, the District initiated a Request for Proposal (RFP) for the maintenance services of the landscape areas in Service Level C. The new maintenance contract that was awarded and approved by the Board resulted in a reduction in the budgeted maintenance cost for Fiscal Year 2021-2022. The new contract was effective July 1, 2021.

There are no new inclusions to Service Level C (Perimeter Landscaping) proposed for the Fiscal Year 2023-2024.

Service Level R
There are no new inclusions to Service Level R (Road Maintenance) proposed for Fiscal Year 2023-2024.

Refuse/Recycling Collection
A total of 415 newly developed residential parcels have been identified and added to Refuse/Recycling Collection for Fiscal Year 2023-2024. These new residential parcels are identified each year and included in Refuse/Recycling Collection based upon the waste hauler's updated service records.

The rate for Fiscal Year 2023-2024 for Refuse/Recycling Collection is $356.24 per residential parcel. For Fiscal Year 2022-2023, the rate for this service was $330.58.

For more information, please refer to Section 2, Budgets and Levy Summary. The costs for the District represent actual service costs, as provided in the City's Franchise Agreement with CR&R Waste Services.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 17 Engineer's Annual Levy Report for Fiscal Year 2023-2024

5. Method of Apportionment
Method of Apportionment
The cost to provide services within the District will be fairly distributed among each eligible property.

Service Level B (Residential Street Lighting):

The following formula is used to calculate each property's Service Level B charges by the per parcel/unit (residential "lot/unit") method.

Total Balance to Levy (Budgeted) _ (Total Residential Lots + Assigned Condominium Units) = Parcel Charge
Service Level C (Perimeter Landscaping and Slopes); and Refuse/Recycling Collection:

The following formula is used to calculate each property's charges by the per parcel (residential "lot") method.

Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads):

The charge per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels.

Parcel Development Units = 1.0 for Developed Parcels
Parcel Development Units = 0.5 for Undeveloped Parcels
Total Balance to Levy / Total Parcel PDU (in Rate Level) = Parcel Charge The following tables reflect the levy calculations for each Service Level.

Table 5-1
Parcel Charge Calculation Service Level B
lit) Defined as Assigned Condominium Units in Service Level B for which the interior streetlights are privately maintained however, the Assigned Condominium Units benefit from perimeter or collector street lighting funded by Service Level B.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 18 Engineer's Annual Levy Report for Fiscal Year 2023-2024

5. Method of Apportionment
Table 5-2
Parcel Charge Calculation Service Level C
Residential Lot Zone No. 1

1.00 $116.00
$116.00
Per Parcel
Residential Lot Zone No. 2

1.00 $89.00
$89.00
Per Parcel
Residential Lot Zone No. 3

1.00 $116.00
$116.00
Per Parcel
Residential Lot Zone No. 4

1.00 $46.00
$46.00
Per Parcel
Residential Lot Zone No. 5

1.00 $175.00
$175.00
Per Parcel
Residential Lot Zone No. 6 (12)

1.00 $131.24
$131.24
Per Parcel
Residential Lot Zone No. 7

1.00 $89.00
$89.00
Per Parcel
Residential Lot Zone No. 8

1.00 $175.00
$175.00
Per Parcel
Residential Lot Zone No. 9

1.00 $46.00
$46.00
Per Parcel
Residential Lot Zone No. 10

1.00 $116.00
$116.00
Per Parcel
Residential Lot Zone No. 11

1.00 $175.00
$175.00
Per Parcel
Residential Lot Zone No. 12

1.00 $116.00
$116.00
Per Parcel
Residential Lot Zone No. 13

1.00 $46.00
$46.00
Per Parcel
Residential Lot Zone No. 14

1.00 $89.00
$89.00
Per Parcel
Residential Lot Zone No. 15

1.00 $175.00
$175.00
Per Parcel
Residential Lot Zone No. 16

1.00 $175.00
$175.00
Per Parcel
Residential Lot Zone No. 17

1.00 $46.00
$46.00
Per Parcel
Residential Lot Zone No. 18

1.00 $70.00
$70.00
Per Parcel
Residential Lot Zone No. 19

1.00 $225.00
$225.00
Per Parcel
Residential Lot Zone No. 20

1.00 $175.00
$175.00
Per Parcel
Residential Lot Zone No. 21

1.00 $129.00
$129.00
Per Parcel
Residential Lot Zone No. 22

1.00 $116.00
$116.00
Per Parcel
Residential Lot Zone No. 23

1.00 $20.00
$20.00
Per Parcel
Residential Lot Zone No. 24

1.00 $100.00
$100.00
Per Parcel
Residential Lot Zone No. 25

1.00 $200.00
$200.00
Per Parcel
Residential Lot Zone No. 26

1.00 $270.00
$270.00
Per Parcel
Residential Lot Zone No. 27

1.00 $70.00
$70.00
Per Parcel
Residential Lot Zone No. 28

1.00 $129.00
$129.00
Per Parcel
Residential Lot Zone No. 29 (12)

1.00 $468.46
$468.46
Per Parcel
Residential Lot Zone No. 30 (13)

1.00 $129.00
$129.00
Per Parcel
Residential Lot Zone No. 31 (12)(14)

1.00 $38.66
$38.66
Per Parcel
Residential Lot Zone No. 32 (12)(14)

1.00 $884.26
$884.26
Per Parcel
(12) Beginning Fiscal Year 2007-2008 for Zones 29 and 31 and beginning Fiscal Year 2009-10 for Zones 6 and 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or

5.00%.
(13) Beginning Fiscal Year 2010-2011, Zone 30 has elected to maintain its own perimeter landscaping under the existing Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024. (14) Zones 31 and 32 Zone 31 elected to have the perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result, the Zones will not be levied under Service Level C for Fiscal Year 2023-2024.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 19 Engineer's Annual Levy Report for Fiscal Year 2023-2024

5. Method of Apportionment
Table 5-3
Parcel Charge Calculation Service Level R
Single Family Residential Lot R-1
Vacant Residential Lot R-1
Table 5-4
Parcel Charge Calculation RE

1.00 $115.26

0.50 $115.26
Collection
(is) Developed residential parcels identified by CR&R for which refuse collections are available. $115.26 Per Parcel
$57.62 Per Parcel
Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 20 Engineer's Annual Levy Report for Fiscal Year 2023-2024

6. Tax Roll
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared.

Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 21 Engineer's Annual Levy Report for Fiscal Year 2023-2024

APPENDIX A
Tax Roll
Webb

MUNICIPAL FINANCE

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: May 23, 2023
SUBJECT: Approve Disposition and Development Agreement Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Habitat for Humanity Inland Valley, Inc., Located Adjacent to the Current Habitat for Humanity Project on Pujol Street (APNs 922-062-016 and 922-062-010) PREPARED BY: Haide Urias, Housing and Real Estate Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
HABITAT FOR HUMANITY INLAND VALLEY, INC., AND

FINDING THAT THE APPROVAL OF THIS AGREEMENT

AND THE PROJECT ARE EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO
SECTIONS 15326 AND 15332 OF THE STATE CEQA

GUIDELINES
BACKGROUND: The City of Temecula, as the Housing Successor to the former Redevelopment Agency, is the owner of vacant property located at APNs 922-062-016 and 922-062-010. The property is approximately 0.46 acres in size, located within the Old Town Specific Plan and is zoned Neighborhood Residential (NR). Under the proposed project, the City would be selling the land to the developer, Habitat for Humanity Inland Valley, Inc., a California nonprofit public benefit corporation, for the development of an affordable housing project through a purchase money loan. The property is located adjacent to an existing five -unit affordable single- family development completed by the developer in 2008.

Habitat for Humanity has proposed to develop six residential units of which five homes will be available to very -low-income households, and one home will be available to a low-income household. The homes will remain income restricted for a term of forty-five (45) years. This

development is to provide needed housing in the City and will assist in meeting its Regional Housing Needs Assessment (RHNA) allocations for people of all income levels.

The development of six residential affordable homes on the Property complies with Government Code Section 37364; and because the proposed housing development will meet the requirements of Government Code Section 37364, City Council declared the Property to be exempt surplus land pursuant to Government Code Section 542221(f)(1)(A) on November 15th, 2022, through Resolution No. 2022-86.

Disposition and Development Agreement
The proposed project is located on two parcels, which are currently owned by the City. To facilitate the development of the Project, the Developer and the City propose to enter into a Disposition and Development Agreement (DDA) to establish the terms and conditions surrounding the development of the project.

Affordability
The project consists of six (6) single-family homes, built within two (2) triplex buildings, consisting of two stories. Each unit includes three (3) bedrooms and two and one-half (2.5) bathrooms, averaging 1,255 square feet of gross living space and a two -car garage with two (2) vehicle driveways. Each building is to be on a separate legal subdivided lot. Five (5) homes will be available to very low-income households that earn 50% of the area median income and one home will be available to a low-income household that earns 80% of area median income.

City Financial Contribution
The financing of the Habitat for Humanity development project involves the following:
• County of Riverside Loan of $1,313,417
• Habitat for Humanity Grants/Donations of $114,000
• City Purchase Money Loan for the value of the land of $561,000 • City Construction Loan of $700,000
The DDA proposes that the City contribute a total of $1,261,000 toward the project in the form of a secured promissory note.

The portion of the loan consisting of the purchase price for the property described in the DDA of $561,000 is a purchase money loan, which the City has determined is the fair market value of the land based on a recent appraisal.

The remainder of the loan, totaling $700,000, is a construction loan and shall be disbursed by the City on a monthly basis for construction costs subject to the terms and condition in the DDA.

In accordance with Section 33433 of the California Community Redevelopment Law, a Summary Report was prepared by Keyser Marston Associates (KMA) to inform the City and the public about the proposed DDA. The Summary Report, which can be found as an attachment to this Agenda Report, describes:
• Costs incurred by the City under the DDA
• Estimated value of interest to be conveyed by the City to the Developer • Compensation to be paid to the City of Temecula
• Explanation of why the conveyance of the Property assists in the elimination of blight

ENVIRONMENTAL
DETERMINATION: The approval of this Agreement by the City Council constitutes an action by the City to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations).

Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs within the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in - fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The Director of Community Development of the City is directed and authorized to file a Notice of Exemption of this action and such other documents as required by CEQA and the CEQA Guidelines.

FISCAL IMPACT: As outlined in the body of this report, the City will contribute a total of $1,261,000 toward the Project. The financial contribution includes:
• City Purchase Money Loan of $561,000
• City Construction Loan of $700,000
ATTACHMENTS: 1. Resolution

2. Disposition and Development Agreement

3. Notice of Affordability Restriction on Transfer of Property

4. Summary 33433 Report — April 2023

5. Notice of Public Hearing

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE CITY
AND HABITAT FOR HUMANITY INLAND VALLEY, INC.,

AND FINDING THAT THE APPROVAL OF THIS

AGREEMENT AND THE PROJECT ARE EXEMPT FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT
REVIEW PURSUANT TO SECTIONS 15326 AND 15332 OF

THE STATE CEQA GUIDELINES

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Temecula hereby finds, determines and declares that:
(a) The Redevelopment Agency of the City of Temecula (the "Former Agency") was a duly constituted redevelopment agency pursuant to provisions of the Community Redevelopment Law set forth in Section 33000 et seq. of the Health and Safety Code of the State of California (the "Redevelopment Law").
(b) Under the Redevelopment Law, the Former Agency was authorized, among other things, to provide assistance to the development of affordable housing projects. (c) Pursuant to AB X1 26 (which became effective in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, and the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") was constituted as the successor entity to the Former Agency. (d) Pursuant to Health and Safety Code Section 34175(b), all assets of the Former Agency, including its low income housing set aside funds, transferred to the Successor Agency by operation of law; provided, that pursuant to Health and Safety Code Section 34176 and Resolution No. 12-11, adopted by the City Council on January 24, 2012, the City elected to assume the housing functions of the Former Agency (in such capacity, the "Housing Successor"). In adopting this Resolution, the City Council is acting in its capacity as the Housing Successor to the former Temecula Redevelopment Agency and the City Council of the City of Temecula. (e) The City is therefore authorized to manage remaining assets of the Former Agency and expend remaining Former Agency funds designated for the development of housing affordable for persons of low and moderate income in accordance with State law. (f) On November 15, 2022, the City Council adopted Resolution No. 2022-86, declaring a 0.46-acre City -owned parcel located at 28725 and 28731 Pujol Street in the City of Temecula located west of Pujol Street and northerly of 1st Street in the City of Temecula, APN:

922-062-016 and APN: 922-062-010 ("Property") to be exempt surplus land pursuant to Government Code sections 54221(b)(1) and 54221(f)(1)(A). (g) Habitat for Humanity, Inc. ("Developer") proposes to construct six (6) attached residential units ("Homes") on the Property. The six units planned for the Property will average 1,255 square feet (SF) with attached private garages ("Project"). The Property is located adjacent to an existing five -unit affordable single-family development completed by the Developer in 2008.
(h) The proposed Disposition and Development Agreement ("Agreement") to be approved by this Resolution provides generally that: (1) The City will convey fee simple interest in the Property to the Developer; (2) the Developer will pay the City $561,000 for the Property in the form of a City Loan (Purchase Money Loan); 3) The City will contribute a total of $700,000 to the Project in the form of a City Loan (Construction Loan); and 4) the Developer will construct six (6) residential units comprising five (5) units affordable to Very Low -Income households and one (1) unit affordable to a Low -Income household, as defined in Section 50093 of the California Health and Safety Code, in accordance with applicable laws and ordinances. (i) The Agreement is also intended to effectuate the objectives of the City in complying with its obligation to assist in providing low and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan.
0) The development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements.
(k) Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement. The report specifically contains the information required by Section 33433 has been prepared within the time limit set forth therein and, along with the proposed Agreement, were made available for public review as of the date of the first publication of the notice of public hearing.
(1) The conveyance of the property as proposed by the Disposition and Development Agreement is at less than fair market value based on the Agency's real estate analysis. Therefore, the City Council specifically finds in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sales price is not less than the fair reuse value of the Property; and (2) said difference is necessary to effectuate the provisions of the Housing Element, the Former Agency's Housing Obligations, and the Old Town Specific Plan and to allow development and housing opportunities to come to the City and increase employment opportunities within the City.
(m) The development of the Project as required by the Agreement will assist in the elimination of blight in the area in that development of Project as it will: (1) encourage and provide for development of vacant properties in accordance with the Housing Element and the Old

Town Specific Plan; and (2) preserve, improve, and expand housing opportunities for low income residents.
(n) The development of the Project as provided in the Agreement and consistent with the City's General Plan, and each element thereof, including without limitation, the Housing Element, and the Old Town Specific Plan.
(o) The City is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into the Disposition and Development Agreement.
(p) The City Council has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements.
(q) This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. (r) Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, on May 23, 2023, the City duly noticed and held a public hearing before the City Council of the City of Temecula concerning the approval of the proposed Disposition and Development Agreement with Developer. The City Council considered all written and oral comments made at the public hearing.

Section 2. The City Council hereby further finds, determines and declares that:
(a) Health and Safety Code Section 33334.2, et seq. authorizes and directs the City, as the City, as the Housing Successor Agency, to expend remaining housing set -aside funds of the Former Agency for the purposes of increasing, improving and preserving the community's supply of housing available at affordable housing costs to persons and families of low to moderate income, including lower income and very low income households. (b) Pursuant to Health and Safety Code Section 33334.2(e), in carrying out its affordable housing activities, the City is authorized to provide subsidies to or for the benefit of very low and lower income households, or persons and families of low or moderate income to the extent those households cannot obtain housing at affordable costs on the open market. (c) Developer proposes, with the assistance of the City, to develop the Project and upon completion to make available for the longest feasible period of time all of the housing units in the Project at affordable rents to low and very low income households as defined in Health and Safety Code Section 50093.
(d) The expenditures from the Former Agency's Housing Fund as contemplated by the Agreement will directly and specifically increase, improve, and preserve the community's supply of low and moderate income housing within the meaning of Health and Safety Code Section 3 33334.2 and will be of benefit to the City by providing new housing which restricted so as to be affordable for occupancy by very low income, lower income and median income households. (e) The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of low rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreement approved hereby is not subject to the provisions of said Article XXXIV.

Section 3. The City Council hereby finds and determines that the lien of the covenants required pursuant to the Agreement may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available.

Section 4. While the City Council determines that participation in the feasibility analysis, financing, and development of the Project does not constitute development, construction or acquisition of a low -rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting persons of low income.

Section 5. The approval of this Agreement by the City Council constitutes an action by the City to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs within the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in -fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The Director of Community Development of the City is directed and authorized to file a Notice of Exemption of this action and such other documents as required by CEQA and the CEQA Guidelines.

Section 6. The City Council hereby approves that certain agreement entitled "Disposition and Development Agreement by and Between Temecula Redevelopment Agency and Habitat for Humanity Inland Valley, Inc." with such changes in the Agreement as may be mutually agreed upon by the Developer and the City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the City. A

copy of the final Agreement when executed by the Developer and Mayor shall be placed on file in the Office of the Secretary of the Agency.

Section 7. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including, but not limited to the promissory notes, deeds of trust, regulatory agreements, subordination agreements, grant deeds, approval of title reports, escrow instructions, certificates of completion, and such other implementing agreements and documents as contemplated or described in the Agreement.

Section 8. The City Clerk shall certify the adoption of this Resolution, which shall take effect upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023.

ATTEST:

Randi Johl, City Clerk
[SEAL]
5 Zak Schwank, Mayor

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

DISPOSITION AND DEVELOPMENT AGREEMENT
by and between the

CITY OF TEMECULA
and
HABITAT FOR HUMANITY INLAND VALLEY, INC.,
a California nonprofit public benefit corporation
11086-0001 \2783528v4.doe

TABLE OF CONTENTS
Page

1. DEFINITIONS..................................................................................................................I

1.1 Definitions.............................................................................................................1

2. CONVEYANCE OF THE PROPERTY; CITY LOANS ................................................. 5 2.1
Conveyance of Property; Purchase Price.............................................................. 5 2.2
City Purchase Money Loan; City Construction Loan and
Disbursements; City Loans to Buyers of Affordable Units; Sale/Loan Proceeds to Habitat from Buyers......................................................... 5 2.3
Opening and Closing of Escrow........................................................................... 6 2.4
Condition of Title; Title Insurance....................................................................... 6 2.5
CITY Conditions to Close of Escrow; Letter of Credit from Developer as Alternative Remedy to Foreclosure for Purchase MoneyLoan.......................................................................................................... 7 2.6
Developer Conditions to Close of Escrow............................................................9

2.7 Costs; Escrow Holder Settlement Statement........................................................ 9 2.8
Condition of the Property....................................................................................10

2.9 Deposits into Escrow..........................................................................................13

2.10 Authorization to Record Documents and Disburse Funds.................................14

2.11 Escrow's Closing Actions...................................................................................15

3. DEVELOPMENT COVENANTS..................................................................................15

3.1 Development of the Project; Reports..................................................................15

3.2 CITY's Right to Review Plans and Specifications.............................................16

3.3 Costs of Entitlement, Development and Construction; Prevailing Wages..................................................................................................................16

3.4 Rights of Access and Inspection.........................................................................16

3.5 Local, State and Federal Laws............................................................................16

3.6 Governmental Permits and Approvals................................................................16 -1-
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TABLE OF CONTENTS (cont.)
Page

3.7 No Discrimination During Construction.............................................................16

3.8 Taxes, Assessments, Encumbrances and Liens..................................................16

3.9 No Agency Created.............................................................................................16

3.10 Certificate of Completion...................................................................................17

4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS ............................17

4.1 Restrictions on Transfer of Developer's Rights and Obligations .......................17

4.2 Right of CITY to Satisfy Other Liens.................................................................17

5. DEFAULT, REMEDIES AND TERMINATION..........................................................17

5.1 Defaults...............................................................................................................17

5.2 Remedies.............................................................................................................18

5.3 No Personal Liability..........................................................................................19

5.4 Rights and Remedies are Cumulative.................................................................19

5.5 Inaction Not a Waiver of Default........................................................................19

5.6 Force Majeure.....................................................................................................19

6. INSURANCE;
INDEMNITY.........................................................................................20

6.1 Insurance............................................................................................................. 20 6.2
Indemnity............................................................................................................ 21 7. REPRESENTATIONS AND WARRANTIES...............................................................22

7.1 Developer Representations.................................................................................22

7.2 CITY Representation..........................................................................................22

8. GENERAL PROVISIONS.............................................................................................22

8.1 Notices................................................................................................................ 22 8.2
Construction........................................................................................................23

8.3 Interpretation....................................................................................................... 23 -ii-
11086-0001 \2783528v4.doc

TABLE OF CONTENTS (cont.)
Page

8.4 Time of the Essence............................................................................................23

8.5 Warranty Against Payment of Consideration for Agreement .............................23

8.6 Attorneys' Fees................................................................................................... 23 8.7
Entire Agreement................................................................................................ 23 8.8
Severability.........................................................................................................24

8.9 No Third -Party Beneficiaries.............................................................................. 24 8.10
Governing Law; Jurisdiction; Service of Process ............................................... 24 8.11
Survival...............................................................................................................24

8.12 CITY Actions......................................................................................................24

8.13 Counterparts........................................................................................................ 24 TABLE OF EXHIBITS

EXHIBIT
"A"

LEGAL DESCRIPTION OF LAND

EXHIBIT
`B"

FORM OF GRANT DEED

EXHIBIT
"C"

SCHEDULE OF PERFORMANCE

EXHIBIT
"D"

SCOPE OF DEVELOPMENT

EXHIBIT
"E"

FORM OF HABITAT REGULATORY AGREEMENT

EXHIBIT
"F"

FORM OF CERTIFICATE OF COMPLETION

EXHIBIT
"G"

FORM OF HABITAT PROMISSORY NOTE

EXHIBIT
"H"

FORM OF HABITAT DEED OF TRUST

EXHIBIT
"I"

FORM OF BUYER PROMISSORY NOTE

EXHIBIT
"J"

FORM OF BUYER DEED OF TRUST

EXHIBIT
"K"

FORM OF BUYER REGULATORY AGREEMENT

EXHIBIT
"L"

FORM OF COUNTY SUBORDINATION AGREEMENT
-iii-
11086-0001 \2783528v4.doc

DISPOSITION AND DEVELOPMENT AND AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is dated as of , 2023 and is entered into by and between the CITY OF TEMECULA (the "CITY"), and HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Developer").

RECITALS
A. City believes it owns the land described on Exhibit "A" (the "Property") B. Developer desires to acquire the Property from City for the purpose of developing six (6) homes (each, a "Home") on the Property.

A material inducement to the City to enter into this Agreement is the agreement by Developer to develop the Project as provided herein, and not sell, lease or otherwise convey all or any portion of or interest in a Home until the applicable Home is complete.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement, the parties hereto agree as follows:

1. DEFINITIONS.

1.1 Definitions. The following capitalized terms used in this Agreement shall have the meanings set forth below:
(a) "Affordable Unit" means one of the homes being constructed by Developer as part of the Project.
(b) "Agreement" means this Disposition and Development Agreement. (c) "Building Permit" means, collectively, any and all permits necessary to construct the Project that would be issued by the City. (d) 'Buyer" means a qualified Low Income or Very Low Income homebuyer under the Buyer Regulatory Agreement and the County Regulatory Agreement.
(e) "Buyer Deed of Trust" means a deed of trust in favor of City in the form attached hereto as Exhibit "J".
(f) "Buyer Promissory Note" means a promissory note in favor of City in the form attached hereto as Exhibit "I".
(g) "Buyer Regulatory Agreement" means; (i) a regulatory agreement among Developer, City and the first buyer of each Affordable Unit and (ii) a separate regulatory agreement among Developer, City and 1 11086-0001 \2783528v4.doc

each subsequent buyer during the period from the first sale of the applicable Affordable Unit until the date that is forty-five (45) years thereafter, each in the form attached hereto as Exhibit "K" (which must be senior to all deeds of trust, as it functions as both a low/mod set aside funds regulatory agreement, and also as a density bonus agreement).
(h) "Certificate of Completion" means the certificate described in Section 3.10, in the form attached hereto as Exhibit "F". (i) "City/Habitat Loan" or "City Loan" shall mean a loan from City for the Project consisting of a purchase -money loan in the amount of the Purchase Price ($561,000.00) and a $700,000 construction loan, both initially evidenced by the Habitat Note and secured by the Habitat Deed of Trust.
(j) "City/Buyer Loan" shall mean a loan which will, upon the sale of an Affordable Unit to each initial buyer thereof, be deemed to have been made by City to such Buyer and which will be evidenced by a Buyer Note and Secured by a Buyer Deed of Trust on the applicable Affordable Unit (and said Buyer Deed of Trust shall run with the land to bind each subsequent owner of the applicable Affordable Unit). Each City/Buyer Loan shall be in the amount of $210,166.66 (which is one sixth of the City/Habitat Loan amount).
(k) "Close of Escrow" is defined in Section 2.2.
(1) "Default" is defined in Section 5.1.
(m) "Disapproved Title Exceptions" is defined in Section 2.3.1. (n) "Escrow" is defined in Section 2.2.
(o) "Escrow Holder" means First American Title Insurance Company. (p) "City Manager" means the City Manager of CITY or their designee. (q) "CITY" or "City" means the City of Temecula.
(r) "County Loan" shall mean a construction loan in the amount of $1,313,417 to be made by the County of Riverside to Developer and secured by the Project, which is to be disbursed prior to disbursement of the City's construction loan to Developer, and will be secured by a deed of trust that is subordinate to the Habitat Deed of Trust in favor of CITY securing the City/Habitat Loan. (s) "County Regulatory Agreement" shall mean a regulatory agreement recorded against the Project at the Close of Escrow in favor of the 2 11086-0001 \2783528v4.doc

County of Riverside, which will be and remain senior to the Habitat Deed of Trust in favor of CITY securing the City/Habitat Loan and all deeds of trust securing City/Buyer Loans.
(t) "County Deed of Trust" shall mean that certain deed of trust by Developer in favor of the County of Riverside securing the County Loan.
(u) "Force Majeure Delay" is defined in Section 5.7.
(v) "Grant Deed" is defined in Section 2.3.2.
(w) "Habitat Deed of Trust" means a deed of trust by Developer in favor of CITY in the form attached hereto as Exhibit "H".
(x) "Habitat Promissory Note" means a promissory note by Developer in favor of City in the form attached hereto as Exhibit "G". (y) Habitat Regulatory Agreement" means a regulatory agreement between Developer and City in the form attached hereto as Exhibit "E„
(z) "Hazardous Materials" means any chemical, material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Land, including, without limitation: the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq. ("RCRA") The term Hazardous Materials shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101) or by the Environmental Protection CITY as hazardous substances (40 CFR. Part 302) and in any and all amendments thereto in effect as of the Close of Escrow Date; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is 3 11086-0001 \2783528v4.doc

toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea
formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated byphenyls; radon gas; or any other chemical, material or substance (i) which poses a hazard to the Land, to adjacent properties, or to persons on or about the Land, (ii) which causes the Land to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the Land requires investigation, reporting or remediation under any such laws or regulations. (aa) "Improvements" means all buildings, landscaping, infrastructure, utilities, and other improvements to be built on the Land, as described in the Scope of Development.
(bb) "Land" means the land described on Exhibit "A" attached hereto. (cc) "Party" means any party to this Agreement, and "Parties" means all parties to this Agreement.
(dd) "Permitted Exceptions" is defined in Section 2.3.2. (ee) "Plans and Specifications" means all drawings, landscaping and grading plans, engineering drawings, final construction drawings, and any other plans or specifications for construction of the Project. (ff) "Project" means the Land and Improvements.
(gg) "Project Budget" is defined in Section 2.4.1.
(hh) "Purchase Price" is defined in Section 2.1.
(ii) "Released Parties" is defined in Section 2.7.3
0j) "Schedule of Performance" means the schedule attached hereto as Exhibit "C".
(kk) "Scope of Development" means the description attached hereto as Exhibit "D"
(11) "Subordination Agreement" means a subordination agreement in the form attached hereto as Exhibit "L" by which County will subordinate the deed of trust securing the County Loan to the Habitat Deed of Trust securing the City/Buyer Loan, at the closing of the conveyance/sale of the Land by City to Developer.
4 11086-0001 \2783528v4.doe

(mm) "Title Company" shall mean the Escrow Holder (i.e., the Title Company and the Escrow Holder are the same).
(nn) "Total Project Costs" means all hard and soft costs of the construction of the Project, including land costs and carry costs, as set forth in the Project Budget.
(oo) "Transfer" is defined in Section 4.1.
(pp) "Withholding Affidavit" is defined in Section 2.8.1.2.

2. CONVEYANCE OF THE PROPERTY; CITY LOANS,

2.1 Conveyance of Property, Purchase Price. In accordance with and subject to the terms and conditions hereinafter set forth, the CITY agrees to convey the Land to Developer, and Developer agrees to acquire the Land from the CITY. The purchase price for the Land shall be $561,000.00, which CITY has determined is the fair market value of the Land based on a recent appraisal, and which will be loaned to Developer by City in accordance with Section 2.2 below.

2.2 City Purchase Money Loan; City Construction Loan and Disbursements; CitX Loans to Buyers of Affordable Units, Sale/Loan Proceeds to Habitat from Bum. Upon the Close of Escrow, the City shall make a forgivable purchase money loan of the Purchase Price to Developer on the terms set forth in the Habitat Note, which shall be secured by the Habitat Deed of Trust. (Upon the Close of Escrow, said loan in the amount of the Purchase Price shall be deemed to be outstanding under the Habitat Note in favor of City.) Upon the Close of Escrow, the City shall also make to Developer a forgivable construction loan or conditional grant in the amount of $700,000 evidenced by and on the terms set forth in the Habitat Note, secured by the Habitat Deed of Trust. Said purchase money loan and construction loan are sometimes collectively referred to herein as the "City Loan" and both are to be evidenced by the Habitat Note and secured by the Habitat Deed of Trust.

Upon sales of the Affordable Units by Developer in accordance with the Habitat Regulatory Agreement, the Habitat Note shall be replaced by Buyer Promissory Notes in favor of City (and the Habitat Note reduced by 1/6 and the Habitat Deed of Trust shall be partially reconveyed upon sale of the Affordable Unit). Such Buyer Promissory Notes shall be forgiven if no default occurs under the applicable Buyer Regulatory Agreement for forty-five (45) years after the applicable Affordable Unit is sold by Developer in accordance with the Habitat Regulatory Agreement.

After the Close of Escrow, and after all loan proceeds from the County Loan shall have been disbursed and applied to Project costs as shown by reasonable evidence provided to City, and Developer has provided reasonable evidence to City that all equity funds required to complete the Project are committed to the Project and controlled by Developer, then City will disburse proceeds of such City construction loan from time to time, but no more often than monthly, to (or as directed in writing by) Developer to pay costs of the Project, subject to the above condition, and other typical construction disbursement conditions and procedures, including receipt of reasonable evidence that all equity funds shall have been expended (or deposit of cash 5 11086-0001 \2783528v4.doc

with City in an amount equal to any unexpended equity funds, and Developer hereby grants a security interest to City in such funds as additional collateral for the City Loan), reasonable evidence of the costs and a written draw request; that Developer not be in default under this DDA, the Habitat Note or the Habitat Deed of Trust; and that the remaining undisbursed loan funds together with any such cash collateral described above are sufficient to complete the Project.

As described above, upon the Developer's sale of an Affordable Unit under the Habitat Regulatory Agreement, City will reconvey the Habitat Deed of Trust with respect to that Affordable Unit, and shall be deemed to have made a loan to the buyer in the amount of $210,166.66, which shall be evidenced by the delivery to City of a Buyer Note from the applicable buyer, and recording of the Buyer Regulatory Agreement and Buyer Deed of Trust against the Affordable Unit at the close of escrow for the sale of that Affordable Unit.

The deed of trust securing the County Loan shall be subordinated to the Deed of Trust securing the City/Habitat Loan and the Habitat Regulatory Agreement by the Subordination Agreement, which shall be recorded at the Close of Escrow. Said County deed of trust shall be reconveyed from each parcel of land sold to a Buyer in accordance with the Habitat Regulatory Agreement and County Regulatory Agreement, and in effect "replaced" with two deeds of trust and promissory notes from Buyer and in favor of Developer, which shall be recorded prior to the Buyer Deed of Trust executed by the Buyer in favor of the City, but after the Buyer Regulatory Agreement executed by such Buyer in favor of City. Such regulatory agreements executed by each buyer in favor of City will be consideration for the City's approval (after the closing) of a density bonus in favor of Developer, and consequently, such regulatory agreements executed by buyers may not be subordinated to any deeds of trust.

All sales and loan proceeds received by Developer or any affiliate of Developer from any buyer or owner of an Affordable Unit shall be used by Developer for the purpose of developing affordable housing units in the City of Temecula, and the foregoing shall survive the Close of Escrow and be included in the Grant Deed as a covenant running with the land.

2.3 Opening and Closing of Escrow. The CITY and the Developer shall cause an escrow (the "Escrow") to be opened with Escrow Holder for the conveyance of the Land by the CITY to Developer. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow. The CITY and Developer shall provide such additional instructions as shall be necessary and consistent with this Agreement.

Provided that each of the conditions to closing described in Sections 2.4 and 2.5 have been satisfied, Escrow shall close (the "Close of Escrow") no later than Friday, July 28, 2023. If the Close of Escrow does not occur by such date, any party not then in default may terminate this Agreement by written notice to the other and all the funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party, except that all escrow and title cancellation fees shall be paid by Developer.

2.4 Condition of Title; Title Insurance.
(a) Title Report/Exceptions. Developer hereby approves that certain preliminary report for the Property (the "PTR") issued by the Title Company and all title exceptions therein, except that City shall 6 11086-0001 \2783528v4.doe

provide evidence to the Title Company that the City is the successor to the housing assets of the former Temecula Redevelopment Agency and is the owner of the Property.
(b) At the Close of Escrow, the CITY shall convey title to the Property to Developer by grant deed in the form attached hereto as Exhibit "B" (the "Grant Deed"). Title to the Property shall be conveyed subject to: (i) non -delinquent current real property taxes and assessments not yet due for the tax year during which the conveyance occurs, (ii) the title exceptions in the PTR; (iii) the Habitat Deed of Trust, the deed of trust securing the County Loan, the County Regulatory Agreement, the Habitat Regulatory Agreement, and the Subordination Agreement, and (iv) the terms of this Agreement (collectively, the "Permitted Exceptions"). After the date of the PTR, CITY shall not further encumber the Property without Developer's prior written consent.

2.5 CITY Conditions to Close of Escrow; Letter of Credit from Developer as Alternative Expedited Means of Pang Purchase Money Loan. The obligation of the CITY to close Escrow shall be subject to the satisfaction (or express written waiver by the City Manager) of each of the following conditions (collectively, the "CITY Conditions"):
(a) Developer shall have submitted to the City Manager, and the City Manager shall have approved, a project budget (the "Project Budget"), together with a copy of all documents relating to the County Loan and all other commitments and documents obtained by Developer for any other construction and permanent financing, and evidence in a form satisfactory to the CITY demonstrating that the Developer has sufficient additional capital funds (i.e., "equity") available and is committing such funds to cover the difference, if any, between the then -projected costs of development of the Project and the funds available from loans to the Developer for the Project. (b) The CITY shall have received evidence acceptable to the City Manager that the construction -related insurance required by Section

6.1 of this Agreement shall be in effect.
(c) To the extent necessary, the County Loan documents shall have been amended to be consistent with this Agreement (as shown by amendments delivered to City), and the County Loan and all other financing/loans needed for payment of all of the costs of the Project that exceed committed equity funds of Developer for the Project plus the City Loan amount shall close concurrently with the Close of Escrow, and City shall have received copies of all loan/financing documents, a final schedule of sources and uses of funds, a comprehensive Project Budget, and reasonable evidence of the committed Developer equity funds available for the Project 7 11086-0001 \2783528v4.doc

2.5.4 Developer shall have performed, observed and complied with all covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on its part prior to or as of the Close of Escrow.

2.5.5 Developer shall have delivered to City, through Escrow at the close of Escrow, a letter of credit from an issuer, and in form and substance, acceptable to City in the amount of $561,000, which shall be drawable by City in full upon any default of Developer under the City Loan, including failure to timely comply with the Developer's post -closing obligations described in the following paragraphs.

If the Developer's post -closing obligations described below are timely satisfied, City shall return such letter of credit to Developer; however, if such obligations are not timely satisfied, the purchase money portion of the City Loan shall become due and payable and City may draw on the letter of credit in full and apply the sums so drawn to such purchase money portion of the City Loan, all in its sole and absolute discretion (and Developer hereby waives the implied covenant of good faith and fair dealing in connection therewith, and in connection with the conditions (i) through (iii) set forth in the following paragraph). Developer expressly stipulates and agrees that the foregoing agreements and following obligations are fair and reasonable.

The Developer's post -closing obligations referred to above are to accomplish all of the following by the date that is eighteen (18) calendar months after the date of this DDA (as may be extended by the City Manager in writing in his or her sole and absolute discretion, but without any obligation to act in "good faith", the implied covenant of good faith and fair dealing being hereby waived by Developer in that regard): (i) cause the Property to be subdivided to the extent legally necessary for Developer to sell each of the six (6) bedroom townhomes that comprise the Project; (ii) qualify for and obtain density bonus concessions to zoning requirements from the City so that the Project can be completed as contemplated by this DDA (in consideration for the obligation for buyers to execute regulatory agreements in favor of City restricting their units that will not be subordinated to any deeds of trust); (iii) qualify for and obtain (and pay all fees in connection with) all governmental permits and approvals necessary for the construction and completion of the Project.

Developer acknowledges and agrees that satisfaction of such obligations are being made a post -closing requirement at the insistence of Developer; that they would typically be conditions to the conveyance of the Land by City to Developer, and NOT post- 8 11086-0001 \2783528v4.doc

closing covenants; and that the letter of credit described above and Developer's post -closing obligations and covenant herein are material consideration relied upon by City in agreeing to make such conditions into post -closing conditions while nevertheless also making its purchase money loan to Developer and conveying the Land to Developer.

2.6 Developer Conditions to Close of Escrow. The obligations of the Developer to close escrow shall be subject to the satisfaction (or waiver by Developer) of the following conditions (the "Developer Conditions"):
(a) There shall have been no change to the physical condition of the Property and no new title exceptions after the date of the PTR that, in either case, would materially and adversely affect the development, use or operation of the Project.
(b) The representation of the CITY contained in Section 7.2 of this Agreement being true and correct.
(c) The delivery by CITY of all documents and funds required to be delivered pursuant to Section 2.8 hereof.
(d) The Title Company shall have committed to issue at the Close of Escrow an owner's title insurance policy, with any extended coverage and endorsements requested by Developer, showing fee simple title to the Land vested in Developer, subject only to the Permitted Exceptions.
(e) CITY shall have performed, observed and complied with all covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on its part prior to or as of the Close of Escrow.
(g) The County Loan and the City Loan shall close concurrently with the Close of Escrow

2.7 Costs; Escrow Holder Settlement Statement.
(a) Developer shall be solely responsible for all costs and expenses related to any Survey, and any title insurance endorsements (other than those obtained by CITY to "insure -over" a title exception), and fifty percent (50%) of the Escrow fees. CITY shall be responsible for the costs of CLTA standard owner's title insurance. (b) Escrow Holder is authorized on the Close of Escrow to pay and charge the Developer and City for any fees, charges and costs payable under Section 2.7.1 as set forth on the settlement statements approved by the Parties. Before such payments are made, Escrow 9 11086-0001 \2783528v4.doc

Holder shall notify the CITY and Developer of the fees, charges, and costs necessary to close under the Escrow, by delivering draft settlement statements to the Parties for their mutual approval.

2.8 Condition of the Property.
(a) "As -Is" Sale. Developer acknowledges and agrees that, except as expressly set forth herein, Developer is acquiring the Land in its "AS IS" condition, WITH ALL FAULTS, IF ANY, AND, EXCEPT AS

EXPRESSLY SET FORTH HEREIN, WITHOUT ANY
WARRANTY, EXPRESS OR IMPLIED and neither CITY nor any
agents, representatives, officers, or employees of CITY have made any representations or warranties, direct or indirect, oral or written, express or implied, to Developer or any agents, representatives, or employees of Developer with respect to the condition of the Property, its fitness for any particular purpose, or its compliance with any laws, and Developer is not aware of and does not rely upon any such representation to any other party. Except as expressly set forth herein, neither CITY nor any of its representatives is making or shall be deemed to have made any express or implied
representation or warranty, of any kind or nature, as to (a) the physical, legal or financial status of the Property, (b) the Property's compliance with applicable laws, (c) the accuracy or completeness of any information or data provided or to be provided by CITY, or (d) any other matter relating to the Property.
(b) Delivery of Material Due Diligence Documents by CITY; Inspections by Developer; Due Diligence Period. Within ten (10) business days after the date of this Agreement, CITY shall deliver to Developer copies of all material, non -privileged documents in the possession of CITY that pertain to the Property (the "Documents").

Upon the execution of this Agreement until the date that is ninety (90) days after the date of this Agreement (the "Due Diligence Period"), Developer and its contractors and consultants who are designated in writing to CITY ("Developer Designee's") shall have the right to enter onto the Property (without disturbing any occupants thereof) for the purpose of performing the Survey, hazardous materials inspections, soils inspections and other physical inspections and investigations; provided, however, that: (a) Developer shall deliver copies of all inspection reports to CITY; (b) no inspections or investigations shall damage the Property or any improvements thereon or shall be "invasive" unless the CITY has received a plan describing the scope of the inspection or investigation and has approved such plan in writing, which approval shall not be unreasonably withheld; (c) Developer shall immediately repair all damage caused by or related to its inspections; and (d) neither Developer nor any of Developer's Designees shall enter the 10 11086-0001 \2783528v4.doc

Property unless Developer has provided CITY reasonable written evidence (such as insurance certificates and/or copies of policies) that the activities of Developer and the Developer Designees are covered by reasonable liability insurance naming CITY as an additional insured. Developer shall defend, indemnify and hold CITY harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys' fees and cost) resulting from the entry onto the Property for such purposes or for purposes of performing the Survey. If Developer disapproves to any condition of the Property or any Document, then Developer may terminate this Agreement by written notice to CITY given on or prior to the end of the Due Diligence Period that describes the basis for the disapproval. (c) Releases and Waivers. Developer acknowledges and agrees that in the event Developer does not approve of the condition of the Property under Section 2.8.2, Developer's sole right and remedy shall be to terminate this Agreement under and in accordance with Section 2.8.2. Consequently, Developer hereby waives any and all objections to or complaints regarding the Property and its condition, including, but not limited to, federal, state or common law based actions and any private right of action under state and federal law to which the Land is or may be subject, including, but not limited to, CERCLA (as defined in Section 1.1.24), RCRA (as defined in Section 1.1.24), physical characteristics and existing conditions, including, without limitation, structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Property. Developer further hereby assumes the risk of changes in applicable laws and regulations relating to past, present and future environmental conditions on the Property and the risk that adverse physical characteristics and conditions, including, without limitation, the presence of Hazardous Materials or other contaminants, may not have been revealed by its investigations.

Developer and anyone claiming by, through or under Developer also hereby waives its right to recover from and fully and irrevocably releases CITY and its council members, board members, employees, officers, directors, representatives, agents, servants, attorneys, successors and assigns ("Released Parties") from any and all claims, responsibility and/or liability that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to: (i) the condition (including any defects, errors, omissions or other conditions, latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or substances that have been or may in the future be 11 11086-0001 \2783528v4.doc

determined to be Hazardous Materials or otherwise toxic, hazardous, undesirable or subject to regulation and that may need to be specially treated, handled and/or removed from the Property under current or future federal, state and local laws regulations or guidelines), valuation, salability or utility of the Land, or its suitability for any purpose whatsoever, and (ii) any information furnished by the Released Parties under or in connection with this Agreement. This release includes claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer's release to CITY. Developer specifically waives the provision of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND

TO CLAIMS WHICH THE CREDITOR DOES

NOT KNOW OR EXPECT TO EXIST IN HIS

FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH IF KNOWN TO HIM MUST

HAVE MATERIALLY AFFECTED THE
SETTLEMENT WITH THE DEBTOR."
In this connection and to the extent permitted by law, Developer hereby agrees, represents and warrants that Developer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Developer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Developer nevertheless hereby intends to release, discharge and acquit Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included as a material portion of the consideration given to CITY by Developer in exchange for CITY's performance hereunder.

Developer hereby agrees that, if at any time after the Close of Escrow any third party or any governmental agency seeks to hold Developer responsible for the presence of, or any loss, cost or damage associated with, Hazardous Materials in, on, above or beneath the Property or emanating therefrom, then Developer waives any rights it may have against CITY in connection therewith, including, without limitation, under CERCLA (as defined in Section 1.1z) and Developer agrees that it shall not (i) implead the CITY, (ii) bring a contribution action or similar action against CITY, or (iii) attempt in any way to hold CITY responsible 12 11086-0001 \2783528v4.doc

with respect to any such matter. The provisions of this Section 2.8 shall survive the Close of Escrow.

CITY has given Developer material concessions regarding this transaction in exchange for Developer agreeing to the provisions of this Section 2.8. CITY and Developer have each initialed this Section 2.8 to further indicate their awareness and acceptance of each and every provision hereof.

CITY' S INITIALS DEVELOPER'S INITIALS
The foregoing releases and waivers shall not, however, apply to Hazardous Materials on the Property prior to Close of Escrow known to CITY but not known to Developer and not disclosed by CITY to Developer.
(d) Environmental Indemnity. From and after the Close of Escrow, Developer shall indemnify, protect, defend and hold harmless the CITY, and the CITY's officials, officers, attorneys, employees, consultants, agents and representatives, from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising directly or indirectly out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Land and removing Hazardous Materials or toxic substances, materials and waste therefrom, by reason of the presence or release of Hazardous Materials on or under, any portion of the Land to the extent caused by Developer or its contractors, and the foregoing shall survive the Close of Escrow.

2.9 Deposits into Escrow.
(a) The CITY hereby covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow:
(i) A Grant Deed duly executed and acknowledged by the
CITY, in the form attached hereto as Exhibit `B".
(ii) If required by Escrow Holder, the affidavit as contemplated by California Revenue and Taxation Code 590
("Withholding Affidavit");
(iii) If required by Escrow Holder, a Certification of Non Foreign Status in accordance with I.R.C. Section 1445 (the "FIRPTA Certificate');
13 11086-0001 \2783528v4.doc

(iv) A counterpart of the Habitat Regulatory Agreement in the form attached hereto as Exhibit "E", duly executed by CITY and acknowledged ("Regulatory Agreement").
(v) Such proof of the CITY's authority and authorization to enter into this transaction as the Title Company may
reasonably require in order to issue Developer's policy of title insurance.
(vi) A counterpart of the Subordination Agreement (in which the County Loan documents are subordinated to the City/Habitat Loan documents) ("County Subordination Agreement").
(b) The Developer hereby covenants and agrees to deliver: (i) directly to City an original of the Habitat Note, duly executed by Habitat, prior to the Close of Escrow; and (ii) to Escrow Holder prior to the Close of Escrow the following instruments and documents duly executed and acknowledged, and the following funds, the delivery of each of which shall be a condition of the Close of Escrow:
(i) Counterpart of the Habitat Regulatory Agreement;
(ii) The Habitat Deed of Trust;
(iii) The County Subordination Agreement;
(vi) The original of the letter of credit; and
(vii) Any funds required to pay Developer's share of closing costs.

2.10 Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents, deliver the letter of credit to the City, and apply other funds and deliver documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled:
(i) The Title Company is unconditionally committed to issue in favor of Developer, at Developer's cost, an owner's Policy of Title Insurance, in an amount reasonably requested by Developer), showing the Land vested in Developer subject only to the Permitted Exceptions.
(ii) The CITY and the Developer shall have deposited in Escrow the documents and funds required pursuant to Sections 2.9 and 2.10. (iii) The CITY and Developer have confirmed to Escrow Holder that all other CITY Conditions and Developer Conditions have been satisfied or expressly waived in writing by the Party benefited thereby.
14 11086-0001 \2783528v4.doc

Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of Developer's title insurance policy.

2.11 Escrow's Closing Actions. On the Close of Escrow, Escrow Holder shall:
(c) Record the Grant Deed, then the County's Regulatory Agreement, then the Habitat Regulatory Agreement, then the Habitat Deed of Trust, then the deed of trust securing the County Loan, and then the County Subordination Agreement in the Official Records of Riverside County, with no intervening recordings.
(d) Deliver the letter of credit to City;
(e) Issue the Title Policy (or cause the Title Company to issue the Title Policy);
(f) Prorate property taxes and assessments and other charges as of the Close of Escrow in accordance with the settlement statements approved by the Parties and pay the costs shown thereon; (g) From funds deposited by Developer, pay costs payable by Developer as shown on the approved preliminary settlement statement approved by CITY and Developer, and return any excess to Developer;
(h) Prepare and deliver to both Developer and the CITY one signed copy of Escrow Holder's final settlement statement showing all receipts and disbursements of the Escrow; and
(i) If applicable, deliver the FIRPTA Certificate and the Withholding Affidavit (if required by Escrow Holder) to Developer.

3. DEVELOPMENT COVENANTS.

3.1 Development of the Project; Reports. Developer shall develop the Project in accordance with the Scope of Development, the Schedule of Performance, all requirements of any and all applicable federal, state and local laws, rules and regulations (including any conditions of approval required by the City, the Plans and Specifications, and all other terms, conditions and requirements of this Agreement. Developer shall comply with the Schedule of Performance in a timely manner, provided that the obligations of Developer set forth therein which are to be performed after the Close of Escrow shall be delayed by Force Majeure Delays, if applicable.

Until a Certificate of Completion is issued, the Developer shall promptly provide the CITY with written, detailed progress reports, as reasonably requested by the CITY, regarding the status of the construction of the Improvements.
15 11086-0001 \2783528v4.doc

3.2 CITY's Right to Review Plans and Specifications. In connection with construction of the Project, Developer shall comply in all respects with the Plans and Specifications approved by the CITY.

3.3 Costs of Entitlement, Development and Construction; Prevailing Wages.

The Developer agrees that all costs, expenses and fees associated with the development and construction of the Project including the costs for developing and constructing the Improvements thereon (including, but not limited to, the land acquisition costs and governmental permits and approvals) shall be borne by Developer.

Developer shall pay and cause its contractors to pay any applicable prevailing wages for construction of the Improvements and shall otherwise comply with California Labor Code Sections 1720 et seq. (including all reporting requirements) and all federal loans regarding prevailing wages that apply, and Developer shall defend, indemnify and hold CITY harmless from and against any and all claims, liabilities, damages, losses, costs and expenses relating to or arising from any allegation or claim that prevailing wages shall not have been paid in accordance with applicable law.

3.4 Rights of Access and Inspection. In addition to those rights of access to and across the Land to which the City may be entitled by law, members of the staffs of the CITY shall have a reasonable right of access to the Land and Improvements, without charge or fee, at any reasonable time, to inspect the work being performed, but shall not be obligated to do so and CITY shall not be liable for any failure to disclose any information discovered by CITY (or that could or should have been discovered by any CITY inspection). The CITY shall also have the right at all reasonable times to inspect and copy the books, records and all other documentation of the Developer pertaining to its obligations under this Agreement.

3.5 Local, State and Federal Laws. Developer shall carry out the construction of the Improvements on the Land in conformity with all applicable federal, state and local laws, including all applicable federal and state occupation, safety and health standards, including (if applicable) prevailing wage laws as described in Section 3.3 above.

3.6 Governmental Permits and Approvals. Before commencement of construction or development of any work of improvement on the Land, Developer shall (at Developer's expense) secure, or cause to be secured, the Building Permit, and any other required governmental permits and approvals.

3.7 No Discrimination During Construction. Developer, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the Improvements.

3.8 Taxes, Assessments, Encumbrances and Liens. Developer shall pay when due all real property taxes and assessments assessed or levied on portions of the Land from time to time owned by Developer, commencing immediately after closing of the land acquisition.

3.9 No Agency Created. In performing this Agreement, Developer is not the agent of the CITY. The CITY is not an agent of Developer. The CITY shall not have any 11086-0001 \2783528v4.doc

responsibility whatsoever for payment to any contractor or supplier of Developer or its contractors.

Developer shall not have any responsibility whatsoever for payment to any contractor or supplier of the CITY.

3.10 Certificate of Completion. Upon Developer's completion of the construction of the entire Project, Developer will apply to the CITY for a Certificate of Completion (which shall be substantially in the form attached hereto as Exhibit "F"). The CITY's issuance of the Certificate of Completion shall constitute the acknowledgement of the CITY that Developer has complied in all respects with its development obligations (and only the development obligations) set forth in this Article 3 with respect to the entire Project. If the City Manager believes that the Developer is not in compliance with its obligations under this Article 3, the City Manager shall promptly specify the nature of such non-compliance by written notice to Developer.

4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS.

4.1 Restrictions on Transfer of Developer's Rights and Obligations. Prior to issuance of a Certificate of Completion for the Project, and except for the initial sale of Homes in accordance with the Regulatory Agreement after the Certificate of Completion shall have been issued, Developer shall not sell, assign, transfer, mortgage, lease, hypothecate, or convey (collectively, a "Transfer") any Home, Land, the Project or any part thereof or any of Developer's rights or obligations hereunder, or agree to do so, or transfer control of Developer or of fifty percent (50%) or more of the ownership interests in Developer in a single transaction or series of transactions, without the CITY's prior written consent, which consent may be granted or withheld in the CITY's sole and absolute discretion. Developer acknowledges that the identity of Developer is of particular concern to the CITY, and it is because of Developer's identity that the CITY has entered into this Agreement with Developer. No transfer or assignment of Developer's interest hereunder without the CITY's prior written approval shall be deemed to release Developer from the obligations of Developer hereunder.

4.2 Right of CITY to Satisfy Other Liens. After the Close of Escrow and after the Developer has had a reasonable time to challenge, cure, or satisfy any liens or encumbrances on the Project or any portion thereof, and has failed to do so, in whole or in part, the CITY shall, upon prior written notice to the Developer, have the right to satisfy any tax, assessment, lien or encumbrances; however, nothing in this Agreement shall require the Developer to pay or make provision for the payment of any tax, assessment, lien or charge so long as the Developer in good faith shall contest the validity or amount therein and so long as such delay in payment shall not subject the Land or any portion thereof to forfeiture or sale.

5. DEFAULT, REMEDIES AND TERMINATION.

5.1 Defaults. The occurrence of any or all of the following shall constitute a default ("Default") under this Agreement:

5.1.1 Developer's failure to perform its obligations on a timely basis as contained in the Schedule of Performance (as extended pursuant to Section 5.7), or any breach of this Agreement by any Party involving the payment of money, and the continuance of such breach for a 17 11086-0001 \2783528v4.doc

period of fifteen (15) days after the non -defaulting Party has given written notice to the defaulting Party;

5.1.2 Except as otherwise provided in Section 5.1.1 hereof, a breach of any other term of this Agreement by any Party not involving the payment of money and failure of such Party to cure such breach within thirty (30) days after the non -defaulting Party has given written notice to the defaulting Party; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then such Party shall be deemed in Default only if such Party does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion;

5.1.3 Developer's violation of Section 4.1;

5.1.4 Developer's failure or refusal to keep in force and effect any material permit or approval with respect to construction of the Project, and Developer's failure to cure such breach within thirty (30) calendar days after notice from the CITY of Developer's breach; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then Developer shall be deemed in Default only if Developer does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion; or

5.1.5 Filing of a petition in bankruptcy by or against any Party or appointment of a receiver or trustee of any property of any Party, or an assignment by any Party for the benefit of creditors, or adjudication that such Party is insolvent by a court, and the failure of such Party to cause such petition, appointment, or assignment to be removed or discharged within 180 days.

5.1.6 The failure to comply with any of the requirements of Section 6 below;

5.2 Remedies.

5.2.1 Defaults and Remedies Prior to the Close of Escrow. Upon a default by Developer prior to the Close of Escrow that is not cured within fifteen (15) days after written notice from the CITY, the CITY shall have the right to terminate this Agreement by delivering written notice thereof to Developer. Upon a default by CITY prior to the close of escrow that is not cured within fifteen (15) days after written notice from Developer, Developer may seek against CITY any available remedies at law or equity, including but not limited to, the right to receive damages (excluding damages for lost profits) or to 18 11086-0001 \2783528v4.doc

pursue an action for specific performance; however, the CITY'S damages for failure to perform the obligations secured by cash collateral shall be limited to the amount of such cash collateral, and no notice or cure period shall apply to a failure to meet the deadline (as it may have been extended in writing by the City Manager) for such obligations.

5.2.2 Developer Default and CITY Remedies After the Close of Escrow.

If Developer fails to comply with the Schedule of Performance after the Close of Escrow, then in addition to retention of the cash collateral delivered to City for application to the portion of the City Loan that is a purchase money loan (if applicable), such failure shall constitute an event of default under the City Loan to Developer, and shall entitle City to accelerate the maturity date for all sums outstanding under such loan.

5.3 No Personal Liability. No representative, agent, attorney, consultant, or employee of the CITY shall personally be liable to the Developer or any successor in interest of Developer, in the event of any Default or breach by the CITY, or for any amount which may become due to Developer or any successor in interest, on any obligation under the terms of this Agreement.

5.4 Rights and Remedies are Cumulative. 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 time or different times, of any other rights or remedies for the same default or any other default by the non -defaulting Party; provided, however, that liquidated damages specified herein shall constitute the sole damages recoverable for the default giving rise to such liquidated damages.

5.5 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such Party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. The acceptance by a Party of less than the full amount due from the other party shall not constitute a waiver of such Party's right to demand and receive the full amount due, unless such Party executes a specific accord and satisfaction.

5.6 Force Majeure. Following the Close of Escrow, and notwithstanding anything to the contrary in this Agreement, nonperformance of a construction obligation (but not nonperformance of any obligation secured by cash collateral) shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party (a "Force Majeure Delay"): (i) failure to perform by Developer attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; or (ii) delay attributable to severe weather, lightning, earthquake, fire, storm, hurricane, tornado, 19 11086-0001 \2783528v4.doe

flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of either party to pay money to the other party or to close escrow) provided that the Party claiming the Force Majeure Delay notifies the other Party of the Force Majeure Delay within a reasonable time (not to exceed ten business days) after the commencement of the Force Majeure Delay.

6. INSURANCE; INDEMNITY. The Developer shall maintain all insurance as required, including comprehensive or commercial general liability, comprehensive automobile liability, property, and flood. The Developer shall cause any contractor working on the Development to maintain worker's compensation, comprehensive or commercial general liability, and comprehensive automobile liability. The Developer shall provide certificates of insurance upon request from the CITY.

6.1 Insurance.

6.1.1 From and after the Close of Escrow, Developer shall obtain and maintain at no cost or expense to the CITY, with a reputable and financially responsible insurance company reasonably acceptable to the CITY, (i) after the completion of a Home, commercially reasonable casualty insurance for the Home in an amount not less than the replacement cost of the Home Improvements (subject to commercially reasonable deductibles) with a reasonable inflation rider; (ii) commercial broad form general liability insurance, insuring against claims and liability for bodily injury, death, or property damage arising from the construction, use, occupancy, condition, or operation of the Land, which liability insurance shall provide combined single limit protection of at least $2,000,000 and shall include a reasonable inflation rider, contractual liability coverage and products and completed operations coverage, and (iii) commercial automobile liability insurance of at least $1,000,000 combined single limit. Such liability insurance policies shall name the CITY and their council members, board members, officers, agents and employees as additional insureds.

6.1.2 Before commencement of any demolition or construction work on any portion of the Land, Developer shall obtain and maintain in force until completion of such work (i) "all risk" builder's risk insurance, including coverage for vandalism and malicious mischief, in a form and amount and with a company reasonably acceptable to the CITY, and (ii) workers' compensation insurance covering all persons employed by Developer or otherwise involved in connection with work on the Project, or any portion thereof.

During the construction of Improvements on any portion of the Land by Developer, such builder's risk insurance shall cover improvements in place and all material and equipment at the job site 20 11086-0001 \2783528v4.doc

furnished under contract, but shall exclude contractors', subcontractors', and construction managers' tools and equipment and property owned by contractors' and subcontractors' employees.

6.1.3 Each architect and each engineer engaged by Developer shall provide professional liability insurance with a limit of liability of at least One Million Dollars ($1,000,000.00).

6.1.4 Developer shall also furnish or cause to be furnished to the CITY evidence satisfactory to the CITY that any contractor with whom it has contracted for the performance of work on the Land or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law.

6.1.5 With respect to each policy of insurance required above, Developer and each of Developer's general contractors, engineers and architects shall furnish to the CITY a certificate on the insurance carrier's form setting forth the general provisions of the insurance coverage promptly after written request by CITY showing the additional insureds. The certificate shall also be furnished by Developer prior to commencement of construction of any
Improvements.

6.1.6 All such policies required by this Section shall contain (i) language to the effect that the policies cannot be cancelled or materially changed except after thirty (30) days' written notice by the insurer to the CITY, and (ii) a waiver of the insurer of all rights of subrogation against the CITY and the other additional insureds. All such insurance shall have deductibility limits which shall be commercially reasonable.

6.2 Indemnity. From and after the execution of this Agreement, Developer hereby agrees to indemnify, defend, protect, and hold harmless the CITY (as a third party beneficiary) and any and all agents, employees, representatives, council members, board members, consultants, and officers of the CITY, from and against all losses, liabilities, claims, damages (including foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out of pocket litigation costs and reasonable attorneys' fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with:
(i) the validity of this Agreement;
(ii) the development and construction by Developer of the Improvements on the Land or the use, ownership, management, occupancy, or possession of the Land during Developer's period of ownership of the Land; (iii) any breach or Default by Developer hereunder;
21 11086-0001 \2783528v4.doc

(iv) any of Developer's activities on the Land (or the activities of Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Land), regardless of whether such losses and liabilities shall accrue or are discovered before or after termination or expiration of this Agreement, except to the extent such losses or liabilities are caused by the gross negligence or willful misconduct of the CITY. The CITY may in its discretion, and at their own cost, participate in the defense of any legal action naming the CITY; or (v) claims for prevailing wages under or violation of California Labor Code Sections 1720 et seq.

The provisions of this Section shall survive the Close of Escrow or the termination of this Agreement.

7. REPRESENTATIONS AND WARRANTIES.

7.1 Developer Representations. Developer represents and warrants to the CITY as of the date of this Agreement and as of the Close of Escrow that:
(i) Developer is a corporation validly existing and in good standing under the laws of the State of California.
(ii) Developer has duly authorized the execution and performance of this Agreement and the execution and performance of all of the closing documents set forth herein.
(iii) Developer's execution and performance of this Agreement and the closing documents will not violate any provision of the Developer's articles or bylaws or any deed of trust, lease, contract, agreement, instrument, order, judgment or decree by which Developer is bound.
(iv) The Developer has not engaged a broker with respect to the purchase of the Land contemplated herein.

7.2 CITY Representation. The CITY hereby represents and warrants to the Developer that the CITY has not engaged a broker with respect to the sale of the Property as contemplated herein.

8. GENERAL PROVISIONS.

8.1 Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by reputable overnight messenger. Notices shall be considered given upon the earlier of (a) one business day following deposit or delivery with a nationally recognized overnight courier delivery charges prepaid, or (b) upon delivery or attempted delivery as shown on the return receipt if sent by certified mail. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice:
22 11086-0001 \2783528v4.doe

CITY: City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Manager
Developer: Habitat for Humanity Inland Valley
27475 Ynez Road, #390
Temecula, CA 92591
Attn: Executive Director

8.2 Construction. The Parties agree that each Parry and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties.

8.3 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires.

Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed by excluding the first day and including the last day. If the date for performance falls on a Saturday, Sunday, or legal holiday, the date for performance shall be extended to the next business day. All references in this Agreement to a number of days in which either party shall have to consent approve or perform shall mean calendar days unless specifically stated to be business days.

8.4 Time of the Essence. Time is of the essence of this Agreement.

8.5 Warranty Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers and attorneys.

8.6 Attorneys' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. If the CITY is made a party to any litigation instituted by or against Developer or to any litigation attacking the validity of this Agreement, then Developer shall indemnify and defend the CITY against, and save them harmless from, all costs, expenses (including reasonable attorneys' fees), claims, liabilities, damages and losses incurred by the CITY in connection with such litigation provided, however, that in no event shall the Developer be obligated to pay any damages awarded to any person or entity that result from the gross negligence or willful misconduct of the CITY.

8.7 Entire Agreement. This Agreement, together with all attachments and exhibits hereto, and all agreements executed pursuant hereto, constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned 23 11086-0001 \2783528v4.doc

herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.

8.8 Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.

8.9 No Third -Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties, and there are no third -party beneficiaries of this Agreement. No other person shall have any right of action based upon any provision of this Agreement.

8.10 Governing Law; Jurisdiction; Service of Process. This Agreement and the rights of the Parties shall be governed by California law. The Parties consent to the exclusive jurisdiction of the California Superior Court for the County of Riverside. If any legal action is commenced by Developer against the CITY, or by CITY against Developer, service of process on the CITY shall be made by personal service upon the City Manager or secretary of the CITY, or in such other manner as may be provided by law. If any legal action is commenced by CITY against Developer, service of process on Developer shall be made by personal service on Developer's Executive Director (currently, Tammy Marine) at the Developer's address for notices, or in such other manner as may be provided by law.

8.11 Survival. The provisions hereof shall not merge into, but rather shall survive, any conveyance hereunder (including, without limitation, the delivery and recordation of the Grant Deed) and the delivery of all consideration.

8.12 CITY Actions. In addition to any provisions of this Agreement that gives the City Manager the authority to make decisions and grant approvals, the CITY hereby authorizes the City Manager to deliver such approvals, consents as are contemplated by this Agreement, waive requirements under this Agreement, and modify this Agreement, on behalf of the CITY provided that the applicable approval, consent, waiver or modification is not substantial (i.e., does not change the fundamental business transaction between the Developer and the CITY, as determined by the City Manager in his reasonable discretion).

8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written.
24 11086-0001 \2783528v4.doc

DEVELOPER:

HABITAT FOR HUMANITY
INLAND VALLEY, INC., a California
nonprofit public benefit corporation
Tammy Marine, Executive Director
CITY:

CITY OF TEMECULA
Aaron Adams, City Manager
ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

LO-M
Bruce Galloway of Richards,
Watson & Gershon, counsel to City
25 11086-0001 \2783528v4.doe

EXHIBIT "A"

LEGAL DESCRIPTION OF LAND

THE LAND IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
(APN: 922-062-016)
AND
LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
(APN: 922-062-010)
26 11086-0001 \2783528v4.doc

EXHIBIT `B"

FORM OF GRANT DEED

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:

Habitat for Humanity Inland Valley, Inc.
27475 Ynez Road, #390
Temecula, CA 92591
Attn: Executive Director
APNs:922-062-010 and 016
(Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383 Documentary transfer tax is $ 0.00 ; transfer for no consideration (forgivable purchase money loan). The property is in the City of Temecula, County of Riverside.

GRANT DEED
The undersigned grantor(s) declare(s):

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA ("Grantor") hereby GRANTS to the HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Grantee") the land (the "Land") located in the City of Temecula, County of Riverside, State of California described on Exhibit "A".

SUBJECT TO, all matters of record and all matters visible upon inspection.

1. This grant of the Land is subject to the terms of a Disposition and Development Agreement entered into by and between Grantor and Grantee dated as of , 2023 (the "DDA") the terms of which are incorporated herein by reference (and which include restrictions on transfer prior to completion of the Project described and required therein). A copy of the Agreement is available for public inspection at the offices of the Grantor at 41000 Main Street, Temecula, CA 92590.

2. The Grantee covenants, for itself and its successors and assigns, that there shall be no sale, transfer, assignment, conveyance, lease, pledge or encumbrance of the DDA, or the Land and the Improvements thereon or any part thereof, or of ownership interests in the Grantee in violation of the DDA, which contains restrictions on the assignment of the DDA and the transfer of interests in the Land.

3. The Grantee covenants and agrees that all sales and loan proceeds received by Grantee or any affiliate of Grantee from any buyer or owner of a housing unit in the Project shall B-1
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be used by Developer solely for the purpose of developing affordable housing units in the City of Temecula.

4. All covenants contained in this Grant Deed shall be covenants running with the land.

IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below.

Dated: .2023

CITY OF TEMECULA
By:

Aaron Adams
City Manager
ATTEST:

Randi Johl, City Clerk
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A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.

State of California
County of
On
before me, ,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
(Seal)
B-3
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EXHIBIT A TO GRANT DEED

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT "C"

SCHEDULE OF PERFORMANCE
This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions or items may not described in the text of the Agreement.

Such plans or other documents, as submitted, must be complete and adequate for review by the CITY or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with CITY staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein.

Action
Date / Deadline
Items 1 — _ Relate to Developer Actions and Requirements Prior to or through/at the Close of Escrow

1. Opening of Escrow. The Parties shall
Upon execution of DDA
open escrow with the Escrow Holder.

2. Preliminary Project Budget; Sources
As soon as reasonably possible, but prior to Close
of Escrow
and Uses of Funds; Commitments. The
Developer shall submit a preliminary
Project Budget for the Improvements,
and a schedule of sources and uses of
funds, and copies of all debt and equity
commitments or similar documents
(including the signed loan agreement
with the County of Riverside).

3. Letter of Credit. The Developer shall
Prior and as a condition to the Close of Escrow.
deliver the letter of credit described in
Section 2.5.5.

4. Insurance. The Developer shall submit
Prior and as a condition to the Close of Escrow.
evidence of insurance to the CITY.

5. County Financing. Construction
Concurrently with Close of Escrow
financing (including the County Loan)
in the amount of $1,313,417 shall close
concurrently with the Close of Escrow
Items 6 — 9 Relate to the Conveyance of the Land, and Developer Actions and Requirements After the Close of Escrow

6. Close of Escrow. The Developer shall
On or before date that is 90 days after the date
purchase the Land from the CITY
of this DDA.

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Action
Date / Deadline

7. Subdivision of Land; Issuance of all
By the date that is eighteen calendar months
after the date of this DDA, as may be extended
Grading/Construction Permits;
Approval of Density Bonus
by the City Manager in writing.

Concessions. The Developer shall
obtain the Permits for the development
and construction of the Project;
approval of the subdivision of the Land
(and shall record any applicable
subdivision map); and approval of a
density bonus with zoning concessions
enabling the Project to be completed.

8. Commencement and Completion of
Substantially commence grading not later than
45 days after issuance of grading permit;
Grading. Developer shall substantially
complete the grading for the Project.
complete grading not later than six (6) months
following the commencement of grading.

9. Completion; Qualification for
No later than 14 calendar months after the
Certificate of Completion. The Project
commencement of construction.
shall be completed and shall qualify for
a Certificate of Completion.

C-2-
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EXHIBIT "D"

SCOPE OF DEVELOPMENT
Six two-story single family homes, built within two (2) triplex buildings, each home consisting of or including approximately three (3) bedrooms and approximately two and one-half (2.5) bathrooms, comprising, on average, 1,255 square feet of gross living area and a two -car garage with two (2) vehicle driveways, each home to be on a separate, legally subdivided lot.

The gross living area of the six homes together will total approximately 7,530 square feet, but the number of bedrooms and living area of each individual home may vary.

D-1-
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EXHIBIT "E"

FORM OF HABITAT AFFORDABILITY RESTRICTIONS/REGULATORY

AGREEMENT

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Manager
With a copy to:

Habitat for Humanity Inland Valley
27475 Ynez Road #390
Temecula, CA 92591
Attn: Executive Director
APNs: 922-062-016; 922-062-010

SPACE ABOVE THIS LINE FOR

RECORDER'S USE
Recording Fee: Exempt pursuant to California Government Code Section 27383.

AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT
(Six Affordable Homes)
THIS AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT (this "Agreement") is dated as of , 2023 and is entered into by and between the HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation (the "Owner") and the CITY OF TEMECULA ("CITY").

RECITALS
A. This Agreement is executed, delivered and recorded under and in accordance with a Disposition and Development Agreement between the Owner and the City ("DDA") because the land sold by City to Developer pursuant to such DDA was purchased with low income set aside funds, and all or a portion of a construction loan being made by City to Developer under the DDA is being made with low income set aside funds.

B. However, this Agreement is also intended to constitute, and shall also serve as a "density bonus agreement" in connection with any density bonus zoning/land use concessions E-1
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granted by the CITY, and consequently, shall not be subordinate (or subordinated) to any deeds of trust.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereinafter specified.
(a) Affordable Housing Cost means a housing cost which does not exceed the limits set forth in California Health and Safety Code Section 50052.5(b), as amended from time to time and the applicable regulations for such statute, and for the purposes hereof, the term "housing cost" shall include association fees and shall otherwise have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6920, as such regulation may be amended from time to time, and the term "Gross Income" shall have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6914, as such regulation may be amended from time to time, or other applicable regulations.
(b) Affordable Unit means any housing unit developed or located on the land encumbered by this Agreement.
(c) Homeowner means any person (or persons) who has (or have) purchased an Affordable Unit.
(d) Term means from the date hereof until the final Affordable Unit is sold by Owner in accordance with this Agreement, but this Agreement shall terminate as to each Affordable Unit when such Affordable Unit is sold by Owner in accordance with this Agreement. (e) Low Income Household means a person, family or household that has provided sufficient "Sweat Equity" work as reasonably determined by Habitat for Humanity Inland Valley, Inc., in order to qualify to purchase an Affordable Unit (and as shown by reasonable evidence provided to CITY), and that meets the income qualification limits set forth in California Health and Safety Code Section 50079.5 (not more than 80% of AMI, adjusted for family size appropriate to the unit) Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto.
(f) Very Low Income Household means a person, family or household that has provided sufficient "Sweat Equity" work as reasonably determined by Habitat for Humanity Inland Valley, Inc., in order to qualify to purchase an Affordable Unit (and as shown by reasonable evidence provided to CITY), that lives in substandard housing immediately prior to acquiring the Home (also as shown by reasonable evidence provided to CITY), and that meets the income qualification limits set forth in California Health and Safety Code Section 50105 (not more than 50% of AMI, adjusted for family size appropriate to the unit), and Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto.

2. Restrictions on Sale, Lease, Transfer. Owner shall not sell, convey or transfer any of the Affordable Units or enter into an agreement to do so, except as expressly permitted by E-2
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the terms of this Agreement. There shall be no leasing of any Affordable Unit; each Homeowner must occupy its Affordable Unit as its sole residence.

3. Covenants to Maintain Affordability and Occupancy. During the Term applicable to a particular Affordable Unit, sales of the Affordable Units by Owner shall be to a Low Income Household (one Affordable Unit) and to Very Low Income Households (five Affordable Units) at a sales price that results in an Affordable Housing Cost for that household, as applicable.

4. Sale/Resale Price Controls and Procedures.
(a) Owner shall notify any proposed purchaser in writing prior to the proposed purchaser's execution of escrow instructions, purchase and sale agreement or similar agreement, whichever is earliest, that the title to the Affordable Unit is and will be restricted in the manner described herein, and shall deliver a copy of this recorded Agreement to the purchaser at that time.

Owner shall deliver to CITY a copy of such written notification. (b) For the purpose of confirming with the CITY that a proposed purchaser is a Very Low Income Household or a Low Income Household (as applicable) that will be paying a purchase price that is in compliance with the terms hereof, the Owner shall notify the City in writing of any offer from a prospective purchaser which the Owner intends to accept, and shall provide the CITY with the following:
(i) Name and address of the purchaser.
(ii) Number of persons comprising the purchaser's household and their names and ages.
(iii) Proposed purchase price of the Affordable Unit, and any other consideration for the purchase of the Affordable Unit.
(iv) Amount of down payment.
(v) Terms of any loan that will be used by the purchaser to finance the purchase of the Affordable Unit, including, but not limited to, principal, interest rate, term, and loan fees.
(vi) Closing date.
(vii) Aggregate annual income of the purchaser's household. (viii) Most recent federal and state income tax returns of the purchaser and all other members of the purchaser's household for the preceding two (2) calendar years, and verification of the proposed purchaser's salary or wages from the purchaser's employer. (ix) Copy of any proposed purchase and sale agreement, escrow instructions, loan application, and other agreements between the Owner and Homeowner/ proposed purchaser relating to the Affordable Unit.

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(x) A written statement signed by the proposed purchaser that the Affordable Unit will be occupied by the purchaser and used as his or her primary residence, and that the Affordable Unit will not be leased.
(xi) As required by the DDA, a "regulatory agreement" among the CITY, the Owner and the Homeowner, which shall be subject to the reasonable approval of the City Manager of the CITY, and which must be recorded immediately after the deed to the Homeowner, as part of a sale by Owner (i.e., prior to any deeds of trust), and which shall also constitute a "density bonus agreement" for the granting by City of land use/zoning concessions to Owner for the development of the Affordable Units. Such regulatory agreement for an Affordable Unit shall be required as part of a sale by Owner of the applicable Affordable Unit. (xii) As required by the DDA, the promissory note by the purchaser of the Affordable Unit in favor of the City and deed of trust securing such promissory note, which must be recorded immediately after the above regulatory agreement. (xiii) Any and all other deeds of trust, promissory notes and any other documents that are contemplated by such purchase agreement or otherwise required by Owner of the applicable Homeowner/purchaser in connection with the sale, for reasonable approval by the City Manager of the CITY.
(c) The City Manager of the CITY or his or her designee ("City Manager") may require the purchaser to submit other written documentation to verify the information set forth herein and to determine that the income and Affordable Housing Cost restrictions of this instrument shall be satisfied. If the CITY receives all such information, within 21 days of the CITY's receipt of same, the City Manager shall determine whether the prospective purchaser is qualified to purchase the Affordable Unit as a Low Income Household and shall thereafter notify the Owner in writing that the prospective sale is authorized and approved, or that the prospective purchaser does not qualify to purchase the Affordable Unit as a Low Income Household or that the sales price does not constitute an Affordable Housing Cost. (d) If the City Manager notifies the Owner that the proposed sale is authorized and approved, the Owner shall proceed to complete the sale of the Affordable Unit within sixty (60) days after the date of such approval or election from the CITY, and shall send CITY a copy of the escrow instructions and purchase agreement, and a copy of the recorded deed and regulatory agreement, and any deeds of trust and promissory notes they secure, promptly after the close of escrow.
(e) If the City Manager notifies the Owner that the proposed sale does not comply with this Agreement, then the sale shall not occur.

5. Remedies of CITY. In addition to all of its rights and remedies available for Owner's breach of this Agreement, upon a breach of this Agreement by Owner, any Homeowner or any tenant, CITY may obtain specific performance of this Agreement and/or injunctive relief, and may evict any tenant.

6. Successors and Assigns; Covenants to Run With the Land. The covenants and restrictions contained herein shall run with the land for the term of this Agreement and shall be a E-4
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burden upon each Affordable Unit and shall be enforceable by the CITY against the Owner, each Homeowner and the successors -in -interest of the Owner, and all tenants of an Affordable Unit.

7. Independent and Severable Provisions. In the event that any provision of this instrument is held by a court of competent jurisdiction to be unenforceable or invalid, such holding shall not render unenforceable any other provision hereof, each provision hereof being expressly severable and independently enforceable to the fullest extent permitted by law.

8. Further Assurances. The CITY, Owner and any Homeowner, or any successor - in -interest or tenant shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and agreements and do such further acts as may be necessary, desirable or proper to carry out the purposes of this Agreement.

9. No Waiver. No waiver by the CITY of its rights hereunder, or of any breach by the Owner or a Homeowner of any covenant, restriction, or condition herein contained, shall be effective unless such waiver is in writing, signed by the CITY and delivered to the Owner or the Homeowner, as applicable. Any waiver by the CITY of its power to terminate any covenant, restriction, or condition herein contained, or the failure by the CITY to exercise any right or remedy with respect to any breach or breaches, shall not constitute a waiver or relinquishment for the future of any rights regarding subsequent sales, or of any such covenant or condition nor bar any right or remedy of the CITY in respect of any subsequent breach.

10. Notices. All notices to be delivered to the parties pursuant to the terms hereof shall be in writing and shall be delivered in person or by certified mail, return receipt requested, or by reputable overnight delivery service (such as Federal Express) to the addresses listed below.

Any of the following addresses may for Owner or CITY be changed by written notice given in accordance with this Section.

City: City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Manager
Developer: Habitat for Humanity Inland Valley, Inc.
27475 Ynez Road, # 390
Temecula, CA 92591
Attn: Executive Director

11. Entire Agreement. This instrument constitutes the entire agreement of the parties hereto, and the provisions hereof may be modified or amended only by a written instrument signed by the party to be charged.

12. Attorneys' Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of its attorneys' fees and costs.

E-5
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OWNER:

HABITAT FOR HUMANITY INLAND
VALLEY, INC.

Ul-A
Tammy Marine, Executive Director
CITY:

CITY OF TEMECULA
Aaron Adams
City Manager
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EXHIBIT "A"

DESCRIPTION OF LAND

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS,_IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

State of California
County of
On
before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
(Seal)
E-8
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State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
(Seal)
E-9
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EXHIBIT "F"

FORM OF CERTIFICATE OF COMPLETION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Manager
With a copy to:

Habitat for Humanity Inland Valley
27475 Ynez Road, #390
Temecula, CA 92591
Attn: Executive Director
APNs: 922-062-016, 922-062-010
(Space Above for Recorder's Use Only)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.

CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION (the "Certificate") is made by the CITY OF TEMECULA (the "CITY"), in favor of HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Developer").

RECITALS
A. CITY and Developer have entered into that certain unrecorded Disposition and Development Agreement (the "DDA") dated as of , 2023 concerning the development of certain real property situated in the City of Temecula, California, described in Exhibit "A" attached hereto (the "Site").

B. As referenced in Section 3.10 of the DDA, CITY is required to furnish Developer or its successors with a Certificate of Completion upon completion of construction of the "Project" on the Site (as defined in the DDA), which Certificate is required to be in such form as to permit it to be recorded in the Recorder's Office of Riverside County. This Certificate is conclusive determination of satisfactory completion of the construction and development required by the DDA on the Site.
-F-1
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C. CITY has conclusively determined that the construction and development of the Project has been satisfactorily completed.

NOW, THEREFORE, CITY hereby certifies as follows:

1. CITY does hereby certify that the Project to be constructed by Developer has been fully and satisfactorily completed in full conformance with the DDA.

2. This Certificate shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof.

3. This Certificate shall not constitute evidence of Developer's compliance with those covenants in the DDA that survive the issuance of this Certificate.

4. This Certificate is not a Notice of Completion as referred to in California Civil Code Section 3093.

5. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA (including without limitation the attachments thereto).

IN WITNESS WHEREOF, CITY has executed this Certificate of Completion this day of , 20 .

CITY OF TEMECULA
wo
Aaron Adams, City Manager
-F-2
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
(Seal)
-F-3
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EXHIBIT "A"

LEGAL DESCRIPTION OF PROJECT SITE

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
(APN: 922-062-016)
:►I
LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS,_1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT "G"

FORM OF HABITAT PROMISSORY NOTE
(Attached.)
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SECURED PROMISSORY NOTE
, 2023
Temecula, California
$1,261,000.00
FOR VALUE RECEIVED, the undersigned HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Maker" or "Developer"), whose address is 27475 Ynez Road, #390, Temecula, CA 92591, promises to pay to the order of the CITY OF TEMECULA, a municipal corporation ("Payee" or "City"), at 41000 Main Street, Temecula, CA 92590, or at such other place as the holder of this Note from time to time may designate in writing, the principal sum of ONE MILLION TWO HUNDRED SIXTY-ONE THOUSAND AND NO/100 DOLLARS ($1,261,000.00) (the "Original Principal Amount"), together with interest on the outstanding principal amount of this promissory note (the "City Loan Note"), at the "Applicable Interest Rate," as defined below, in lawful money of the United States of America.

This City Loan Note is being delivered, and the loans evidenced hereby are being made, pursuant to the terms of that certain Disposition and Development Agreement between Developer and City ("DDA"). All capitalized terms used herein which are not separately defined herein shall have the meanings set forth therefor in the DDA.

The portion of the loan consisting of the purchase price for the Property described in the DDA ($561,000.00) is a purchase money loan, and shall be deemed outstanding as of the date hereof; the remainder of the loan ($700,000.00) is a construction loan, and shall be disbursed by City on a monthly basis for construction costs subject to the terms and conditions in the DDA. "Applicable Interest Rate" means three percent (3%) per annum, simple interest, except that amounts not paid when due shall accrue interest from the date due until the date paid at the lesser of. (i) seven percent (7%) per annum, simple interest, or (ii) the maximum rate permitted by applicable law.

1. Payments. No payments under this City Loan Note shall be due and payable unless and until there is an uncured default by Maker under the DDA or certain Affordable Housing Covenant and Regulatory Agreement between Maker and City date substantially concurrently herewith ("Regulatory Agreement"). However, upon Developer's failure to timely satisfy the post -closing obligations of Developer under the DDA, the purchase money portion of the loan shall become due and payable (it being contemplated that the cash drawn under the letter of credit shall be retained by City in satisfaction of that portion of the loan).

2. Secured by Deed of Trust; Purchase Money Loan is Also Supported by Letter of Credit. Repayment of the purchase money portion of the loan evidenced by this City Loan Note is secured by a deed of trust (the "City Deed of Trust") of this date executed by Maker for the benefit of Payee encumbering the property described in the City Deed of Trust (the "Property" or "Site"), and is also supported/backed by a letter of credit held by City (and if drawn in the sole and absolute discretion of City, City may retain all proceeds of such letter of credit), and the purchase money portion of the loan shall be deemed satisfied; the remainder of the loan (i.e., the construction loan portion) is secured solely by the Property.
11086-0001 \2783528v4.doc

3. Prepayment. Maker shall have the right to prepay amounts owing under this City Loan note at any time, without penalty or premium.

4. Due on Sale or Encumbrance. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein that violates the DDA or the Regulatory Agreement, Payee shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. As used herein, the term "Transfer" means and includes the direct or indirect sale, transfer, conveyance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, or the lease of all or substantially all of the Property or of all or substantially all of the improvements located thereon

5. Reductions Upon Sale of Homes and Execution Delivery of New Secured Notes and Deeds of Trust. Upon a sale by Maker in accordance with the Regulatory Agreement of any of the six homes that to be developed under the DDA on the Property, the outstanding balance of this City Loan Note shall be reduced by $210,166.66 (per home sold). Upon such a sale and partial reconveyance of the Deed of Trust securing this City Loan Note (reconveyance from the unit sold), and execution and delivery by the buyer to Payee (City) of a promissory note in the amount of such reduction, and the recording of a deed of trust securing such new note, and a regulatory agreement in favor of Payee (City) (a default under which shall cause the new note to become due at the option of the Payee/City), said new deed of trust shall be subordinate to one or more deeds of trust in favor of the Maker, as seller of the unit, that secure purchase money obligations of the buyer to Maker as seller.

6. Miscellaneous.
(a) Governing Law. All questions with respect to the construction of this City Loan Note and the rights and liabilities of the parties to this City Loan Note shall be governed by the laws of the State of California.
(b) Attorneys' Fees.
(i) Maker shall reimburse Payee for all reasonable attorneys' fees, costs and expenses, incurred by Payee in connection with the enforcement of Payee's rights under this City Loan Note, including, without limitation, reasonable attorneys' fees, costs and expenses for trial, appellate proceedings, out -of -court negotiations, workouts and settlements or for enforcement of rights under any state or federal statute, including, without limitation, reasonable attorneys' fees, costs and expenses incurred to protect Payee's security and attorneys' fees, costs and expenses incurred in bankruptcy and insolvency proceedings such as (but not limited to) seeking relief from stay in a bankruptcy proceeding. The term "expenses" means any expenses incurred by Payee in connection with any of the out -of -court, or state, federal or bankruptcy proceedings referred to above, including, without limitation, the fees and expenses of any appraisers, consultants and expert witnesses retained or consulted by Payee in connection with any such proceeding.
(ii) Payee shall also be entitled to its attorneys' fees, costs and expenses incurred in any post judgment proceedings to collect and enforce the judgment. This provision is 11086-0001 \2783528v4.doc

separate and several and shall survive the merger of this City Loan Note into any judgment on this City Loan Note.
(d) Entire Agreement. This City Loan Note, the City Deed of Trust securing this City Loan Note, the Regulatory Agreement and the DDA constitute the entire agreement and understanding between and among the parties in respect of the subject matter of such agreements and supersede all prior agreements and understandings with respect to such subject matter, whether oral or written.
(e) Time of the Essence. Time is of the essence with respect to every provision hereof.
(f) Waivers by Maker. Except as otherwise provided in any agreement executed in connection with this City Loan Note, Maker waives: presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses or losses and interest thereon; and diligence in taking any action to collect any sums arising under this City Loan Note or in any proceeding against any of the rights or interests in or to properties securing payment of this City Loan Note. (g) Non -waivers. No previous waiver and no failure or delay by Maker in acting with respect to the terms of the DDA, this City Loan Note or the City Deed of Trust shall constitute a waiver of any breach, default, or failure of condition under the DDA, this City Loan Note, the City Deed of Trust or the obligations secured thereby. A waiver of any term of this City Loan Note, the City Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver.

MAKER:

HABITAT FOR HUMANITY INLAND VALLEY, INC.

Tammy Marine, Executive Director
11086-0001 \2783528v4.doe

EXHIBIT "H"

FORM OF HABITAT DEED OF TRUST
(Attached)
11086-0001\2783528v4.doc H-1

RECORDING REQUESTED BY, AND WHEN
RECORDED, MAIL DOCUMENT TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
with a copy to:

Habitat for Humanity Inland Valley, Inc.
27475 Ynez Road, #390
Temecula, CA 92591
Attn: Executive Director
APNs: 922-062-010 and 016
SPACE ABOvE THIS LINE FOR RECORDER'S USE

FREE RECORDING REQUESTED

PURSUANT TO GOVERNMENT CODE
SECTION 27383

DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND

FIXTURE FILING
This Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing (the "Deed of Trust") is dated for reference purposes as of , 2023, and is executed by HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation, as trustor (the "Borrower"), whose business address is 27475 Ynez Road, #390 Temecula, CA 92591 to First American Title Insurance Company (the "Trustee"), for the benefit of the CITY OF TEMECULA, whose office is at 41000 Main Street, Temecula, CA 92590 ("Beneficiary").

1. BORROWER HEREBY IRREVOCABLY GRANTS, TRANSFERS AND
ASSIGNS to Trustee in trust, with power of sale and right of entry and possession, all of Borrower's right, title and interest now held or hereafter acquired in and to the following: (a) all of that certain real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit A (attached) which is incorporated herein by this reference; (b) the rents, issues, profits, royalties, income and other benefits derived from use or occupancy of the Property (defined below); (c) all appurtenances, easements, rights of way and rights now owned or hereafter acquired by Borrower as they relate to the Property; (d) all rights title and interest of Borrower now owned or hereinafter acquired, in and to any land lying within the right of way of any street, open or proposed, adjoining all or any portion of the land on which the Property is located, and any and all sidewalks, alleys and strips of land adjacent to or used in connection with

the Property; and (e) all buildings, improvements and fixtures now or hereafter erected thereon, and all appurtenances, easements, and articles of property now or hereafter affixed to, placed upon or used in connection with such real property and owned by Borrower or in which Borrower has an interest, together with all additions to, substitutions for, changes in or replacements of the whole or any part of said articles of property (all of which real and personal property are sometimes referred to as the "Property"); all of which are hereby pledged and assigned, transferred, and set over unto Trustee, and for purposes of this Deed of Trust declared to be part of the realty; provided, however, that furniture and other personal property of tenants of dwelling units in the buildings now or hereafter situated on said real property are not intended to be included within this Deed of Trust except to the extent of Borrower's interest therein.

2. BORROWER HEREBY ABSOLUTELY, UNCONDITIONALLY AND
IRREVOCABLY ASSIGNS to the Beneficiary, subject to the rights of senior lienholders, all rents, royalties, issues, accounts and profits of or relating to the Property and all of Borrower's interest under all leases, subleases, rental agreements and other contracts and occupancy agreements relating to construction, use and possession for the purposes and upon the terms and conditions hereinafter set forth. This assignment is absolute, primary and direct and is not intended to be a separate or secondary pledge, or other form of additional security, and no further act or step is or shall be required of the Beneficiary to perfect this assignment. Notwithstanding the foregoing, the Beneficiary confers upon Borrower a license to collect and retain the rents, issues and profits of the Property as they become due and payable until an Event of Default (defined below in Section

5.7), upon the occurrence of which said license shall be automatically revoked. This assignment shall not impose upon the Beneficiary any duty to cause the Property to produce rents nor shall the Beneficiary be deemed to be a mortgagee in possession by reason thereof for any purpose.

3. THE ABOVE GRANT, TRANSFER, AND ASSIGNMENTS ARE FOR THE PURPOSE OF SECURING:
(a) Payment of the indebtedness evidenced by that certain promissory note (the "Promissory Note") of Borrower in the principal amount of $1,261,000.00, together with interest on such indebtedness according to the terms of the Promissory Note, and any or all amendments, modifications, extensions or renewals of the Promissory Note and the indebtedness and all other sums becoming due and payable to the Beneficiary, or Trustee, pursuant to the terms of this Deed of Trust.
(b) Payment of such additional indebtedness, when evidenced by a promissory note or notes reciting the same to be secured by this Deed of Trust, together with interest, as the Beneficiary at its sole discretion may advance to Borrower, or its successor in interest, from time to time and payment or performance of such other obligations as the then record owner of the Property may agree to pay or perform when evidenced by a promissory note or other instrument or agreement reciting that it is secured hereby.
(c) Performance and observance of all of the terms, covenants and conditions to be performed or observed by Borrower under this Deed of Trust or the Promissory Note, it being understood that the Promissory Note shall become due and payable upon an uncured default under that certain document entitled Affordable Housing Covenant and Regulatory Agreement executed

between the Borrower and the Beneficiary and recorded against the Property ("Secured Obligations").
(d) Payment of all other obligations owed by Borrower to Beneficiary that by their terms recite that they are secured by this Deed of Trust, including those incurred as primary obligor or as guarantor.

4. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, BORROWER

AGRFFS-

4.1 Maintenance of the Property.
(a) To keep the Property in a decent, safe, sanitary, rentable and tenantable condition and repair and permit no waste thereof,
(b) Not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable; (c) Not to construct any buildings or improvements on the Property, other than the buildings and improvements contemplated in the Disposition and Development Agreement between Borrower and Beneficiary ("DDA") or add to, remove, demolish or structurally alter any buildings and improvements now or hereinafter located on the Property; (d) To repair, restore or rebuild promptly any buildings or improvements on the Property that may become damaged or be destroyed while subject to the lien of this Deed of Trust, subject to available insurance proceeds or other available financing; (e) To comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; (f) Not to initiate or acquiesce in any change in any zoning or other land use or legal classification which affects any of the Property without the Beneficiary's prior written consent; and
(g) Not to materially alter the use of all or any part of the Property without the prior written consent of the Beneficiary.

Beneficiary shall be given thirty (30) days advance written notice of the cancellation, expiration or termination of any such policy or any material change in the coverage afforded by sit. Renewal policies and any replacement policies, together with premium receipts satisfactory to the Beneficiary, shall be delivered to the Beneficiary at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the Beneficiary shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. THE

BENEFICIARY HEREBY DISCLOSES TO BORROWER IN WRITING THAT UNDER SECTION 2955.5 OF THE CALIFORNIA CIVIL CODE:
"No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property."
(b) Subject to the rights of senior lienholders, effective on the occurrence of any Event of Default, all of Borrower's right, title and interest in all policies of property insurance and any unearned premiums paid are assigned to the Beneficiary, who may assign them to any purchaser of the Property at any foreclosure.

4.3 Payment of Taxes and Utility Charges. To pay, at least ten (10) days prior to delinquency, all taxes and assessments, both general and special, fines, penalties, levies and charges of every type or nature levied upon or assessed against any part of the Property or upon Trustee's or the Beneficiary's interest in the Property. The Borrower shall have the right to contest in good faith any such amounts but in no event shall Borrower allow penalties or such other charges accrue because of late payments.

4.4 Payment and Discharge of Liens. Borrower shall pay, when due, all claims of every kind and nature which might or could become a lien on the Property or any part thereof and shall not at any time create or allow to exist any lien on the Property or any part thereof of any kind or nature other than this Deed of Trust; provided, however, that the following are excepted from this prohibition: (a) liens for taxes and assessments which are not delinquent although by law are given the status of a lien; (b) such of the above claims as are, and only during the time they are being contested by Borrower in good faith and by appropriate legal proceedings; and (c) those matters affecting title which appeared in the title insurance policy or binder delivered to the Beneficiary at the time of recording of this Deed of Trust or which have at any time been consented to in writing by the Beneficiary. Borrower shall post security for the payment of these contested claims as may be requested by the Beneficiary.

without incurring any obligation so to do or releasing Borrower from any obligations and without waiving or curing any default. The Beneficiary shall be the sole judge of the validity, priority, and amount of any such tax, assessment, lien, premium, claim or charge so paid by it, and the necessity for the performance by the Beneficiary of any such obligation which Borrower was required but failed to perform. The Beneficiary, at its option, shall be subrogated to any tax, assessment, lien, premium, claim or charge which it has paid under these provisions and any such subrogation rights shall be additional and cumulative security to those set forth in the Secured Obligations. In the event that the Property is or becomes encumbered by liens or deed(s) of trust other than this Deed of Trust, then a default under such other lien or deed(s) of trust shall constitute a default under this Deed of Trust.

4.6 Repayment to the Beneficiary. Upon the Beneficiary's payment of any tax, assessment, lien, encumbrance, claim, insurance premium or other charge which Borrower fails to pay, or upon the Beneficiary's performance of any obligation which Borrower fails to perform, all as set forth in paragraph 4.5 above, the amount so paid or the cost of performing any such obligation, together with other sums paid or incurred by the Beneficiary, including charges, expenses and reasonable attorney fees relating to or growing out of such default, with interest thereon from date of payment at the rate of the lesser of: (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be paid by Borrower to the Beneficiary upon written demand. For the purposes of this paragraph 4.6, the term "... charges, expenses and attorney fees relating to or growing out of such default ..." shall include but not necessarily be limited to the cost of obtaining, after the filing of a notice of default but prior to the foreclosure sale, a "Phase I" environmental site assessment of the Property by a qualified environmental professional and, if warranted in the opinion of such professional, a "Phase II" assessment. The aggregate of all such amounts, including interest, shall be secured by the lien of this Deed of Trust.

4.7 Defense of Actions and Payment of Costs. Borrower shall appear in and defend all actions and proceedings purporting to affect the Property or any right or power of the Beneficiary or Trustee hereunder, provided that the Beneficiary and Trustee, or either of them, may appear in and defend any such action or proceeding and the Beneficiary is authorized to pay, purchase or compromise on behalf of Borrower any lien or claim which in its judgment appears to or purports to affect the security of or to be superior to this Deed of Trust. Borrower shall pay on demand all sums so expended and all charges, expenses and attorney fees incurred, with interest from the date of expenditure at the lesser amount of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum. Borrower shall give the Beneficiary prompt written notice in writing of. (i) the assertion of any claim; (ii) the filing of an action or proceeding; (iii) the occurrence of any damage to any of the Property; (iv) any condemnation; and (v) any other material nonmonetary default.

5. IT IS MUTUALLY AGREED THAT:

indebtedness or obligation secured hereby, in such order and manner as the Beneficiary shall determine at its option. Subject to the rights of senior lienholders, the Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Borrower upon such conditions as the Beneficiary may impose for its disposition. Application of all or any part of the amounts collected and received by the Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust.

Notwithstanding the foregoing, and except as stated below, the Beneficiary shall permit the Borrower to use amounts received as a consequence of any event described in subparagraphs

5.1(a) and 5.1(b) to restore the Property to its condition immediately preceding the event subject to the following conditions: within forty-five (45) days (or such longer period as may be necessary in the Beneficiary's reasonable discretion) after any event described in subparagraphs 5.1(a) or

5.1(b) above, Borrower shall deliver to the Beneficiary, in form and substance reasonably satisfactory to the Beneficiary: (i) a written plan for the repair, restoration or replacement of the Property (any such repair, restoration or replacement being referred to as a "Restoration"), including the estimated cost of the Restoration and schedule of completion; (ii) if requested by the Beneficiary, a copy of the plans and specifications for the Restoration; (iii) if required by any senior lender, a performance bond and labor and material payment bond for the work acceptable to the Beneficiary; (iv) evidence acceptable to the Beneficiary that after completion of the work, the income from the Property will be sufficient to pay all expenses of the Property and to pay and perform any and all applicable conditions under the DDA; (v) evidence of continuation of leases acceptable to the Beneficiary; (vi) evidence acceptable to the Beneficiary that upon completion of the work, the size, capacity, quality, value and general utility of the Property will be equal to or greater than the condition of the Property before the casualty occurred; (vii) evidence of satisfaction of any additional conditions or requirements that the Beneficiary may establish to protect its security; and (viii) such other documents and information relating to the Restoration as the Beneficiary may request. However, if the Borrower fails to meet any of the conditions listed in this subparagraph, or the amounts received as a consequence of any event described in subparagraphs 5.1(a) and 5.1(b) are insufficient to restore the Property to its condition immediately preceding the event, or if the Beneficiary determines that its security interest in the Property is substantially impaired, then subject to the rights of senior lienholders, the Beneficiary may, in its sole discretion, apply such sums, in whole or in part, to any indebtedness or obligations secured hereby.

5.2 Sales and Encumbrances Prohibited. Except as expressly provided in the DDA or Regulatory Agreement, Borrower shall not make any sale, assignment or conveyance, or transfer in any other form, nor any further pledge, encumbrance or mortgaging, of the Property, or any part thereof or of any of its interest therein, without the prior written consent of the Beneficiary, which consent may be granted or withheld in the sole unfettered discretion of the Beneficiary, and may be conditioned upon the satisfaction of such terms and conditions as the Beneficiary may prescribe.

5.3 Sale or Forbearance. No sale of the Property, forbearances on the part of the Beneficiary or extension of the time for payment of the indebtedness hereby secured shall operate

to release, discharge, waive, modify, change or affect the liability of Borrower either in whole or in part.

5.4 Late Payment. The Beneficiary's acceptance of late payment of any sum shall not constitute a waiver of its rights to require prompt payment when due of all other indebtedness, or to declare a default for any failure so to pay, or to proceed with foreclosure or sale for any other default then existing. The Beneficiary's acceptance of partial payment of any sum after default shall not cure such default or affect any notice of default unless such notice of default is expressly revoked in writing by the Beneficiary.

5.5 The Beneficiary's Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) the Beneficiary may, at its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness; (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness; and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof, and Trustee, acting pursuant to the written request of the Beneficiary, may reconvey all or any part of the Property, consent to the making of any map or plat thereof, join in granting any easement thereon, or join in any such agreement of extension or subordination.

5.6 Reconve. ate. Upon a sale of a home developed by Borrower on the Property in accordance with the Regulatory Agreement between Borrower and Beneficiary, Beneficiary shall reconvey this Deed of Trust with respect to the subdivided parcel and improvements thereon comprising such home being sold, provided that a new deed of trust in favor of Beneficiary is recorded against said home (as contemplated by the Regulatory Agreement). Additionally, upon written request of the Beneficiary stating that all sums and obligations secured hereby have been discharged, or otherwise as requested in writing by the Beneficiary, and upon surrender of this Deed of Trust and the Promissory Note and any additional loan notes to Trustee for cancellation, and upon payment to Trustee of its fees and expenses, Trustee shall reconvey, without warranty, the Property or that part thereof then held hereunder. The recitals in any reconveyance shall be conclusive proof of their truthfulness and the grantee in any such reconveyance may be described "as the person or persons legally entitled thereto." When the Property has been fully reconveyed, the last such reconveyance shall operate as a reassignment of all of the rents, royalties, issues, accounts and profits of the Property to the person or persons legally entitled thereto unless such reconveyance expressly provides to the contrary.

5.7 Events of Default. Any one or more of the following events shall constitute a default under this Deed of Trust, subject to any notice and/or cure period provided for in the Loan Documents: (a) uncured default under the Regulatory Agreement; or (b) failure of the Borrower to pay the indebtedness secured hereby or any installment thereof, whether principal, interest or otherwise, when and as the same become due and payable, whether at maturity or by acceleration or otherwise; or (c) failure of Borrower to observe or to perform any covenant, condition or agreement to be observed or performed by Borrower pursuant to the Secured Obligations; or (d) any representation or warranty made by the Borrower proves to be intentionally false or misleading in any material respect; or (e) bankruptcy or insolvency of Borrower; or (f) the occurrence of any

event which, under the terms of the Secured Obligations, shall entitle the Beneficiary to exercise the rights or remedies thereunder.

Notwithstanding the foregoing, other than the failure to pay principal or interest due under the Promissory Note, and any failure to cure a default under the Regulatory Agreement not cured within any applicable cure period specified therein, Borrower shall have the right to cure any default, under this Deed of Trust within thirty (30) days of written notice or within any period provided by statute, whichever is longer.

5.8 Acceleration and Sale.
(a) Acceleration. In the event of any default as set forth in paragraph 5.7 above, the Beneficiary, without demand on Borrower, may declare all sums hereby secured immediately due and payable by notice thereof to Borrower or by executing and recording or by causing the Trustee to execute and record a notice of default and election to cause the Property, and any personal property secured hereby, either separately or together, to be sold to satisfy the obligations secured hereby or by the commencement of an appropriate action to foreclose this Deed of Trust or by any other appropriate manner;
(b) Sale. After delivery to Trustee of a notice of default and demand for sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Borrower, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Borrower, Trustee or the Beneficiary, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied.

The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee, and after deducting all costs, expenses and fees of Trustee and of this Deed of Trust, Trustee shall apply the proceeds of sale to the payment of the principal indebtedness hereby secured, whether evidenced by the Promissory Note or otherwise, or representing advances made or costs or expenses paid or incurred by the Beneficiary under this Deed of Trust, or the Secured Obligations or any other instrument evidencing or securing any indebtedness hereby secured and to the payment of all other sums then secured hereby, including interest as provided in this Deed of Trust, the Secured Obligations or any other such instrument, in such order as the Beneficiary shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto.

5.9 Entry Possession and Receivership. In the event of any default hereunder that has not been cured following written notice and expiration of the applicable cure period, and irrespective of whether the Beneficiary accelerates the maturity of all indebtedness secured hereby or files a notice of default hereunder, the Beneficiary at any time, without notice of demand or regard to the adequacy of any security for the indebtedness and obligations hereby secured, in

person, or by any agent or employee, or by receiver appointed by court, may enter upon and take the possession of the Property or any part thereof and Borrower agrees to surrender such possession to the Beneficiary, and perform any acts, including the right to rent, lease, operate and maintain any part of all of the Property, which the Beneficiary deems necessary or proper to conserve the Property, and may sue for or otherwise collect and receive all rents, royalties, issues, accounts and profits thereof, including those past due as well as those accruing thereafter. Borrower hereby presently assigns to the Beneficiary, absolutely and regardless of possession of the Property, all rents and other monies now due or hereafter to become due under any lease or agreement or otherwise for the use or occupation of all or any part of the Property, now existing or hereafter made, reserving to Borrower only the right, prior to any such default, to collect and retain such rents as they become due, but not otherwise. Borrower shall on demand execute such further assignments to the Beneficiary of any or all such leases, agreements, rents or monies as the Beneficiary may require, and deliver to the Beneficiary a fully executed original of any or all such leases or agreements. The Beneficiary, in person, or by any agent, employee or receiver, may also take possession of, and for these purposes use, any and all of Borrower's personal property contained in or on the Property and used by Borrower in the operation, rental or leasing thereof or any part thereof. The expenses (including, but not limited to, receiver's fees, attorney fees and agent's compensation) incurred by the Beneficiary pursuant to the power herein contained shall be secured hereby. The Beneficiary may bring or defend any legal action in connection with the Property, as it may deem proper, and may, from time to time, make all necessary or proper repairs, replacements and alterations to the Property, as to it may seem judicious, and may insure and reinsure the same, and may lease the Property or any part or parts thereof in such parcels and for such periods and on such terms as to it may seem fit, including leases for terms expiring after the maturity of the indebtedness hereby secured, and may terminate and lease for any cause which would entitle Borrower to terminate it. After deducting the expenses of managing and operating the same and all maintenance, repairs, replacements and alterations and all payments which may be made for taxes, assessments, liens, claims, insurance premiums, or other proper charges of the Property or any part thereof, including fair and reasonable compensation for attorneys and for agents employed by the Beneficiary to manage and operate the Property, the Beneficiary may apply any and all remaining funds to the payment of the indebtedness hereby secured in such order and proportion as the Beneficiary may determine. Neither application of said amounts to such indebtedness nor any other action taken by the Beneficiary under this subparagraph shall cure or waive any default hereunder or nullify the effect of any such notice of default or invalidate any act done pursuant to such notice or any cause of action to foreclose this Deed of Trust. The right to enter and take possession of the Property, to manage and operate the same, and to collect the rents, issues and profits thereof, whether by a receiver or otherwise, shall be in addition to any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. The Beneficiary shall be liable to account only for such rents, royalties, issues, accounts and profits actually received by it.

5.10 Attorneys' Fees. If Trustee or the Beneficiary shall be made parties to or shall intervene in any action or proceeding affecting the Property or the title thereto or the interest of Trustee or the Beneficiary under this Deed of Trust, or if the Beneficiary employs an attorney to collect any or all of the indebtedness hereby secured or to foreclose this Deed of Trust, or authorizes Trustee to conduct trustee's sale proceedings hereunder, then Trustee and the Beneficiary shall be reimbursed by Borrower, immediately and without demand, for all reasonable costs, charges and attorney fees incurred by them or either of them in any such case whether or not

suit be commenced, and the same, together with interest thereon from the date of payment at the rate of the lesser of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be secured hereby as provided in paragraphs 4.5, 4.6, and 4.7.

5.11 Exercise of Remedies; Delay. No exercise of any right or remedy by the Beneficiary or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Beneficiary or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder.

5.12 Trustee Substitution. The irrevocable power to appoint a substitute trustee or trustees hereunder is hereby expressly granted to the Beneficiary, to be exercised at any time hereafter, without specifying any reason therefor by filing for record in the office where this Deed of Trust is recorded a deed of appointment, and said power of appointment of successor trustee or trustees may be exercised as often as and whenever the Beneficiary deems advisable. The exercise of said power of appointment, no matter how often, shall not be deemed an exhaustion thereof, and upon recording of such deed or deeds of appointment, the trustee or trustees so appointed shall thereupon, without further act or deed of conveyance, succeed to and become fully vested with identically the same title and estate in and to the Property hereby conveyed and with all the rights, powers, trusts and duties of the predecessor in the trust hereunder, with the like effect as if originally named as trustee or as one of the trustees.

5.13 Uniform Commercial Code Security Agreement, Financing Statement and Fixture Filing.
(a) This Deed of Trust is a security agreement and financing statement under the Uniform Commercial Code for the benefit of the Beneficiary as secured parry for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants the Beneficiary a security interest in said items. This Deed of Trust is filed as a fixture filing and covers goods which are or are to become fixtures. The address of the Beneficiary (secured party) from which information concerning the security interest may be obtained and the mailing address of Borrower (debtor) are set forth in this Deed of Trust. The types or items of collateral are described in paragraph 1 of this Deed of Trust. Borrower agrees that the Beneficiary may file any appropriate document in the appropriate index as a financing statement for any of the items specified above as part of the Property. In addition, Borrower agrees to execute and deliver to the Beneficiary, upon the Beneficiary's request, and further authorizes the Beneficiary to file, with or without Borrower's signature, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this instrument in such form as the Beneficiary may require to perfect a security interest with respect to said items. Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements, and releases thereof, as the Beneficiary may reasonably require. Without the prior written consent of the Beneficiary, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto, except as otherwise expressly permitted in the Loan Documents. Upon an acceleration as provided in paragraph 5.8, the Beneficiary shall have the remedies of a secured party under the

Uniform Commercial Code and, at the Beneficiary's option, may also invoke the other remedies provided in this Deed of Trust and Loan Documents as to such items. In exercising any of said remedies, the Beneficiary may proceed against the items of real property and any items of personal property specified above as part of the Property separately or together and in any order whatsoever, without in any way affecting the availability of the Beneficiary's rights or remedies under the Uniform Commercial Code or of the other remedies provided in this Deed of Trust, in the Loan Documents, or by law.

Borrower agrees that the filing of any financing statement in the records normally having to do with personal property shall not be construed as anywise derogating from or impairing this Deed of Trust and the intention of the parties hereto that those portions of the Property herein declared part of the real estate are, and at all times and for all purposes and in all proceedings both legal or equitable shall be, regarded as part of the real estate irrespective of whether any such item is physically attached to the improvements or any such item is referred to or reflected in any such financing statement so filed at any time.
(b) Similarly, the mention in any such financing statement of (i) compensation for damage to or destruction of the Property by insured casualty, or (ii) any judgment, award, or other compensation for a taking of the Property by eminent domain, or (iii) the rents, royalties, issues, accounts and profits of the Property under leases, shall never be construed as altering in any manner any of the Beneficiary's rights as determined by this Deed of Trust or impugning the priority of the Beneficiary's lien granted hereby or by any other recorded document, but such mention in the financing statement is declared to be for the protection of the Beneficiary in the event that any court or judge shall at any time hold with respect to (i), (ii) or (iii) of this paragraph that notice of the Beneficiary's priority of interest to be effective against a particular class of person, including without limitation the federal government or any subdivision or entity thereof, must be filed as provided for in the Uniform Commercial Code.

5.14 Remedies Cumulative. No remedy herein contained or conferred upon the Beneficiary or Trustee is intended to be exclusive of any other remedy or remedies afforded by law or by the terms hereof to the Beneficiary or Trustee but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity.

5.15 Successors, Assigns, Gender, Number. The covenants and agreements herein contained shall bind, and the benefit and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties. Wherever used, the singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders.

5.16 Headings. The headings are inserted only for convenience of reference and in no way define, limit, or describe the scope or intent of this Deed of Trust, or of any particular provision thereof, or the proper construction thereof.

5.17 Actions on Behalf of the Beneficiary. Except as otherwise specifically provided herein, whenever any approval, notice, direction, consent, request or other action by the Beneficiary is required or permitted under this Deed of Trust, such action shall be in writing.

5.18 Terms. The words "the Beneficiary" means the Beneficiary or any future owner or holder, including pledgee, of the indebtedness secured hereby.

5.19 Obligations of Borrower. If more than one person has executed this Deed of Trust as "Borrower," the obligations of all such persons hereunder shall be joint and several.

5.20 Miscellaneous Provisions.
(a) Beneficiary Statement. The Beneficiary shall charge a fee for furnishing the statement in accordance with California Civil Code Section 2943. (b) Severability. If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
(c) Indemnification. Borrower shall indemnify and hold the Beneficiary, its officers and agents, harmless against any and all losses, claims, demands, penalties and liabilities which the Beneficiary, its officers or agents may sustain or suffer by reason of anything done or omitted in good faith pursuant to or in connection with this Deed of Trust and not assert any claim against the Beneficiary, its officers or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend, indemnify, save and hold the Beneficiary, its officers and agents harmless from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise), causes of action (whether legal or equitable in nature) asserted by any person, firm, corporation or other entity arising out of this Deed of Trust. Borrower shall pay the Beneficiary upon demand all claims, judgments, damages, losses or expenses (including reasonable legal expense) incurred by the Beneficiary as a result of any legal action arising out of this Deed of Trust. Notwithstanding the foregoing, the Borrower shall not be obligated to indemnify the Beneficiary against loss to the extent resulting from the active negligence or willful misconduct of the Beneficiary.
(d) Estoppel Certificate. When requested by the Beneficiary, from time to time, the Borrower shall execute an estoppel certificate in favor of the Beneficiary, which certificate shall certify as to the absence of any default by the Beneficiary in the performance of its obligations hereunder or, if any such defaults exist, their existence as of the date of the certificate. (e) Set-off. Borrower shall not, under any circumstances, fail or delay to perform (or resist the enforcement of) any of its obligations to the Beneficiary in connection with this Deed of Trust or any other contract, note or instrument executed by Borrower in favor of the Beneficiary because of any alleged offsetting claim or cause of action against the Beneficiary (or any indebtedness or obligation of the Beneficiary) which has not been confirmed in a final judgment of a court of competent jurisdiction (sustained on appeal, if any) against the Beneficiary.

Borrower hereby waives any such rights of set-off (or offset) which it might otherwise have with respect to any such claims or causes of action against the Beneficiary or any such obligations or indebtedness of the Beneficiary, unless and until such right of set-off (or offset) is confirmed and liquidated by such final judgment. Borrower further waives any right which it might otherwise have (if any) to require a marshalling of any security of the Beneficiary, or to direct the order in which the Beneficiary pursues its rights or remedies with respect to any of its security.

5.21 Priority. This Deed of Trust, regardless of order of recordation, is junior and subordinate to the Regulatory Agreement recorded substantially contemporaneously herewith.

IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth above. Borrower shall be deemed to have requested that a copy of any notice of default and of any notice of sale hereunder be mailed to it at its address in the first paragraph of this Deed of Trust.

BORROWER:

HABITAT FOR HUMANITY INLAND VALLEY, INC.

ME
Tammy Marine, Executive Director
Exhibit A - Legal Description

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)

Exhibit A
Legal Description

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT "I"

FORM OF BUYER PROMISSORY NOTE
(Attached.)
11086-0001 \2783528v4.doc

SECURED PROMISSORY NOTE
, 202
Temecula, California
$210,166.66
FOR VALUE RECEIVED, the undersigned (collectively, and jointly and severally, "Maker"), whose address is , promises to pay to the order of the CITY OF TEMECULA, a municipal corporation ("Payee" or "City", as successor to the housing assets of the former Temecula redevelopment agency), at 41000 Main Street, Temecula, CA 92590, or at such other place as the holder of this Note from time to time may designate in writing, the principal sum of TWO HUNDRED TEN THOUSAND ONE HUNDRED SIXTY- SIX AND 66/100 DOLLARS ($210,166.66), together with interest on the outstanding principal amount of this promissory note (the "Buyer Note"), at the "Applicable Interest Rate," as defined below, in lawful money of the United States of America. This Buyer Note is being delivered to City pursuant to the terms of that certain Affordable Housing Covenant and Regulatory Agreement between City and Habitat for Humanity Inland Valley, Inc. ("Habitat Regulatory Agreement").

THE LOAN EVIDENCED BY THIS BUYER NOTE REPRESENTS THE AMOUNT OF

FINANCIAL ASSISTANCE (FROM HOUSING SUCCESSOR LOW INCOME HOUSING SET

ASIDE FUNDS) PROVIDED BY CITY AS A PURCHASE MONEY LOAN FOR LAND AND

AS A CONSTRUCTION LOAN ALLOCABLE TO THE HOME (INCLUDING LAND) SECURING THIS BUYER NOTE; THE AMOUNT OF THE SECURED PROMISSORY NOTE EXECUTED BY HABITAT FOR HUMANITY INLAND VALLEY, INC. IS BEING

REDUCED CONCURRENTLY HEREWITH BY THE AMOUNT OF THIS BUYER NOTE

AND THE DEED OF TRUST SECURING SUCH SECURED PROMISSORY NOTE IS BEING

RECONVEYED FROM THE HOME AND LAND CONCURRENTLY HEREWITH, AND

CITY WOULD NOT SO REDUCE SUCH LOAN OR PARTIALLY RECONVEY SUCH DEED

OF TRUST UNLESS MAKER EXECUTED AND DELIVERED THIS BUYER NOTE AND

THE DEED OF TRUST ENCUMBERING THE HOME (INCLUDING LAND) THAT IS TO SECURE THIS BUYER NOTE.

This Buyer Note will come due upon an uncured default by Buyer under that certain Affordable Housing Covenant and Regulatory Agreement executed by Buyer ("Buyer Regulatory Agreement") and recorded against the home securing this Buyer Note (which is replacing the Habitat Regulatory Agreement, described in the first paragraph above, with respect to the home and related land).
"Applicable Interest Rate" means three percent (3%) per annum, simple interest, except that amounts not paid when due shall accrue interest from the date due until the date paid at the lesser of. (i) seven percent (7%) per annum, simple interest, or (ii) the maximum rate permitted by applicable law.

1. Payments. No payments under this Buyer Note shall be due and payable unless and until there is an uncured default by Maker under the Buyer Regulatory Agreement (which has a term of 45 years, and is dated substantially concurrently herewith). 11086-0001 \2783528v4.doe

2. Secured by Deed of Trust. Repayment of this Buyer Note is secured by a deed of trust (the "Buyer Deed of Trust") of this date executed by Maker for the benefit of Payee encumbering the applicable home (including land) purchased by Maker from Habitat for Humanity Inland Valley, Inc. (the "Property").

3. Prepayment. Maker shall have the right to prepay amounts owing under this Buyer Note at any time, without penalty or premium.

4. Due on Sale or Encumbrance. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein during the term of the Buyer Regulatory Agreement that violates the Buyer Regulatory Agreement (it being understood that certain Transfers are permitted by the Buyer Regulatory Agreement), Payee shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. As used herein, the term "Transfer" means and includes the direct or indirect sale, transfer, conveyance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, or the lease of all or substantially all of the Property or of all or substantially all of the improvements located thereon

5. Miscellaneous.
(a) Governing Law. All questions with respect to the construction of this Buyer Note and the rights and liabilities of the parties to this Buyer Note shall be governed by the laws of the State of California.
(b) Attorneys' Fees.
(i) Maker shall reimburse Payee for all reasonable attorneys' fees, costs and expenses, incurred by Payee in connection with the enforcement of Payee's rights under this Buyer Note, including, without limitation, reasonable attorneys' fees, costs and expenses for trial, appellate proceedings, out -of -court negotiations, workouts and settlements or for enforcement of rights under any state or federal statute, including, without limitation, reasonable attorneys' fees, costs and expenses incurred to protect Payee's security and attorneys' fees, costs and expenses incurred in bankruptcy and insolvency proceedings such as (but not limited to) seeking relief from stay in a bankruptcy proceeding. The term "expenses" means any expenses incurred by Payee in connection with any of the out -of -court, or state, federal or bankruptcy proceedings referred to above, including, without limitation, the fees and expenses of any appraisers, consultants and expert witnesses retained or consulted by Payee in connection with any such proceeding. (ii) Payee shall also be entitled to its attorneys' fees, costs and expenses incurred in any post judgment proceedings to collect and enforce the judgment. This provision is separate and several and shall survive the merger of this Buyer Note into any judgment on this Buyer Note.
(d) Entire Agreement. This Buyer Note, the Buyer Deed of Trust (securing this Buyer Note), and the Buyer Regulatory Agreement constitute the entire agreement and understanding between Maker and City in respect of the subject matter of such agreements and 11086-0001 \2783528v4.doe

supersede all prior agreements and understandings with respect to such subject matter, whether oral or written.
(e) Time of the Essence. Time is of the essence with respect to every provision hereof.
(f) Waivers by Maker. Except as otherwise provided in any agreement executed in connection with this Buyer Note, Maker waives: presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses or losses and interest thereon; and diligence in taking any action to collect any sums arising under this Buyer Note or in any proceeding against any of the rights or interests in or to properties securing payment of this Buyer Note. (g) Non -waivers. No previous waiver and no failure or delay by Maker in acting with respect to the terms of this Buyer Note or the Buyer Deed of Trust shall constitute a waiver of any breach, default, or failure of condition under this Buyer Note, the Buyer Deed of Trust or the obligations secured thereby. A waiver of any term of this Buyer Note, the Buyer Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver. In the event of any inconsistencies between the terms of this Buyer Note and the terms of any other document related to the loan evidenced by this Buyer Note, the terms of this Buyer Note shall prevail.

MAKER:
11086-0001 \2783528v4.doc

EXHIBIT "J"

FORM OF BUYER DEED OF TRUST
(Attached.)
11086-0001\2783528v4.doc J-1

RECORDING REQUESTED BY, AND WHEN
RECORDED, MAIL DOCUMENT TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
with a copy to:

APN:

SPACE ABOvE THIS LINE FOR RECORDER'S USE

FREE RECORDING REQUESTED

PURSUANT TO GOVERNMENT CODE
SECTION 27383

DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND

FIXTURE FILING
This Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing (the "Deed of Trust") is dated for reference purposes as of , 2023, and is executed by (the "Borrower"), whose address is
Temecula, CA to First American Title Insurance Company (the "Trustee"), for the benefit of the CITY OF TEMECULA, whose office is at 41000 Main Street, Temecula, CA 92590 ("Beneficiary").

or used in connection with such real property and owned by Borrower or in which Borrower has an interest, together with all additions to, substitutions for, changes in or replacements of the whole or any part of said articles of property (all of which real and personal property are sometimes referred to as the "Property"); all of which are hereby pledged and assigned, transferred, and set over unto Trustee, and for purposes of this Deed of Trust declared to be part of the realty; provided, however, that furniture and other personal property of tenants of dwelling units in the buildings now or hereafter situated on said real property are not intended to be included within this Deed of Trust except to the extent of Borrower's interest therein.

3. THE ABOVE GRANT, TRANSFER, AND ASSIGNMENTS ARE FOR THE PURPOSE OF SECURING:
(a) Payment of the indebtedness evidenced by that certain promissory note (the "Promissory Note") of Borrower in favor of Beneficiary in the face amount of $210,166.66, together with interest on such indebtedness according to the terms of the Promissory Note, and any or all amendments, modifications, extensions or renewals of the Promissory Note and the indebtedness and all other sums becoming due and payable to the Beneficiary, or Trustee, pursuant to the terms of this Deed of Trust.
(b) Payment of such additional indebtedness, when evidenced by a promissory note or notes reciting the same to be secured by this Deed of Trust, together with interest, as the Beneficiary at its sole discretion may advance to Borrower, or its successor in interest, from time to time and payment or performance of such other obligations as the then record owner of the Property may agree to pay or perform when evidenced by a promissory note or other instrument or agreement reciting that it is secured hereby.
(c) Performance and observance of all of the terms, covenants and conditions to be performed or observed by Borrower under this Deed of Trust or the Promissory Note ("Secured Obligations"), it being understood that outstanding principal and accrued interest under the Promissory Note shall become due and payable upon an uncured default by Borrower under that certain document entitled Affordable Housing Covenant and Regulatory Agreement executed among the Borrower, Habitat for Humanity Inland Valley, Inc. and the Beneficiary and recorded against the Property substantially concurrently herewith .

(d) Payment of all other obligations owed by Borrower to Beneficiary that by their terms recite that they are secured by this Deed of Trust, including those incurred as primary obligor or as guarantor.

4. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, BORROWER AGREES:

4.1 Maintenance of the Property.
(a) To keep the Property in a decent, safe, sanitary, rentable and tenantable condition and repair and permit no waste thereof;
(b) Not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable; (c) Not to construct any buildings or improvements on the Property, or add to, remove, demolish or structurally alter any buildings and improvements now or hereinafter located on the Property;
(d) To repair, restore or rebuild promptly any buildings or improvements on the Property that may become damaged or be destroyed while subject to the lien of this Deed of Trust, subject to available insurance proceeds or other available financing; (e) To comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; (f) Not to initiate or acquiesce in any change in any zoning or other land use or legal classification which affects any of the Property without the Beneficiary's prior written consent; and
(g) Not to materially alter the use of all or any part of the Property without the prior written consent of the Beneficiary.

4.2 Insurance.
(a) To keep the Property insured, with loss payable to the Beneficiary, subject to the rights of senior lienholders, against loss or damage by fire and such other hazards, casualties and contingencies and by such companies, on such forms and in such amounts as the Beneficiary may from time to time require, and upon request to deliver the original of all such policies to the Beneficiary, together with receipts satisfactory to the Beneficiary evidencing payment of the premiums. Specific insurance requirements may be found at http://www.calhfa.ca.gov/multifamily/ . In addition, all such policies shall provide that the Beneficiary shall be given thirty (30) days advance written notice of the cancellation, expiration or termination of any such policy or any material change in the coverage afforded by sit. Renewal policies and any replacement policies, together with premium receipts satisfactory to the Beneficiary, shall be delivered to the Beneficiary at least thirty (30) days prior to the expiration of

existing policies. Neither Trustee nor the Beneficiary shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. THE

4.5 Rights of Beneficiary to Remedy Defaults. If Borrower defaults in payment of any tax, assessment, lien, encumbrance, claim, insurance premium, or any other proper charge, in whole or in part, or defaults in the performance of any of the Secured Obligations, the Beneficiary at any time and from time to time, with or without notice to or demand upon Borrower, may make such payments or perform any such acts required of Borrower, to such extent and in any form or manner deemed expedient by the Beneficiary, and pay any other sums, expenses and charges, including attorney fees, necessary to protect the Property and the lien of this Deed of Trust, without incurring any obligation so to do or releasing Borrower from any obligations and without waiving or curing any default. The Beneficiary shall be the sole judge of the validity, priority, and amount of any such tax, assessment, lien, premium, claim or charge so paid by it, and the necessity for the performance by the Beneficiary of any such obligation which Borrower was required but

failed to perform. The Beneficiary, at its option, shall be subrogated to any tax, assessment, lien, premium, claim or charge which it has paid under these provisions and any such subrogation rights shall be additional and cumulative security to those set forth in the Secured Obligations. In the event that the Property is or becomes encumbered by liens or deed(s) of trust other than this Deed of Trust, then a default under such other lien or deed(s) of trust shall constitute a default under this Deed of Trust.

4.6 Repayment to the Beneficiary. Upon the Beneficiary's payment of any tax, assessment, lien, encumbrance, claim, insurance premium or other charge which Borrower fails to pay, or upon the Beneficiary's performance of any obligation which Borrower fails to perform, all as set forth in paragraph 4.5 above, the amount so paid or the cost of performing any such obligation, together with other sums paid or incurred by the Beneficiary, including charges, expenses and reasonable attorney fees relating to or growing out of such default, with interest thereon from date of payment at the rate of the lesser of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be paid by Borrower to the Beneficiary upon written demand. For the purposes of this paragraph 4.6, the term "... charges, expenses and attorney fees relating to or growing out of such default ..." shall include but not necessarily be limited to the cost of obtaining, after the filing of a notice of default but prior to the foreclosure sale, a "Phase I" environmental site assessment of the Property by a qualified environmental professional and, if warranted in the opinion of such professional, a "Phase II" assessment. The aggregate of all such amounts, including interest, shall be secured by the lien of this Deed of Trust.

4.7 Defense of Actions and Payment of Costs. Borrower shall appear in and defend all actions and proceedings purporting to affect the Property or any right or power of the Beneficiary or Trustee hereunder, provided that the Beneficiary and Trustee, or either of them, may appear in and defend any such action or proceeding and the Beneficiary is authorized to pay, purchase or compromise on behalf of Borrower any lien or claim which in its judgment appears to or purports to affect the security of or to be superior to this Deed of Trust. Borrower shall pay on demand all sums so expended and all charges, expenses and attorney fees incurred, with interest from the date of expenditure at the lesser amount o£ (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum. Borrower shall give the Beneficiary prompt written notice in writing of. (i) the assertion of any claim; (ii) the filing of an action or proceeding; (iii) the occurrence of any damage to any of the Property; (iv) any condemnation; and (v) any other material nonmonetary default.

5. IT IS MUTUALLY AGREED THAT:

5.1 Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of. (a) taking of all or any part of, or any interest in the Property by or under assertion of the power of eminent domain; (b) any damage to or destruction of the Property, or any part thereof by insured casualty; and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be paid to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any such sums, and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary shall determine at its option. Subject to the rights of senior lienholders, the Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in

connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Borrower upon such conditions as the Beneficiary may impose for its disposition. Application of all or any part of the amounts collected and received by the Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust.

Notwithstanding the foregoing, and except as stated below, the Beneficiary shall permit the Borrower to use amounts received as a consequence of any event described in subparagraphs

5.1(b) above, Borrower shall deliver to the Beneficiary, in form and substance reasonably satisfactory to the Beneficiary: (i) a written plan for the repair, restoration or replacement of the Property (any such repair, restoration or replacement being referred to as a "Restoration"), including the estimated cost of the Restoration and schedule of completion; (ii) if requested by the Beneficiary, a copy of the plans and specifications for the Restoration; (iii) if required by any senior lender, a performance bond and labor and material payment bond for the work acceptable to the Beneficiary; (iv) evidence acceptable to the Beneficiary that after completion of the work, the income from the Property will be sufficient to pay all expenses of the Property; (v) evidence acceptable to the Beneficiary that upon completion of the work, the size, capacity, quality, value and general utility of the Property will be equal to or greater than the condition of the Property before the casualty occurred; (vi) evidence of satisfaction of any additional conditions or requirements that the Beneficiary may establish to protect its security; and (vii) such other documents and information relating to the Restoration as the Beneficiary may request. However, if the Borrower fails to meet any of the conditions listed in this subparagraph, or the amounts received as a consequence of any event described in subparagraphs 5.1(a) and 5.1(b) are insufficient to restore the Property to its condition immediately preceding the event, or if the Beneficiary determines that its security interest in the Property is substantially impaired, then subject to the rights of senior lienholders, the Beneficiary may, in its sole discretion, apply such sums, in whole or in part, to any indebtedness or obligations secured hereby.

5.2 Sales and Encumbrances Prohibited. Except as expressly provided in the Regulatory Agreement, Borrower shall not make any sale, assignment or conveyance, or transfer in any other form, nor any further pledge, encumbrance or mortgaging, of the Property, or any part thereof or of any of its interest therein, without the prior written consent of the Beneficiary, which consent may be granted or withheld in the sole unfettered discretion of the Beneficiary, and may be conditioned upon the satisfaction of such terms and conditions as the Beneficiary may prescribe.

5.3 Sale or Forbearance. No sale of the Property, forbearances on the part of the Beneficiary or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Borrower either in whole or in part.

shall not cure such default or affect any notice of default unless such notice of default is expressly revoked in writing by the Beneficiary.

5.6 Reconve. ate. Upon a sale of the Property in accordance with the Regulatory Agreement between Borrower and Beneficiary or the lapse of 45 years from the date of initial sale of the Property by Habitat for Humanity Inland Empire, Inc., Beneficiary shall reconvey this Deed of Trust with respect to the Property and improvements thereon provided that (except in the case of the lapse of 45 years) a new promissory note and deed of trust and Regulatory Agreement executed by the new buyer in favor of Beneficiary is delivered, and such deed of trust and Regulatory Agreement is recorded against said home (as contemplated by the Regulatory Agreement), and such new Regulatory Agreement is not subordinate or subordinated to any deeds of trust. Additionally, upon written request of the Beneficiary stating that all sums and obligations secured hereby have been discharged, or otherwise as requested in writing by the Beneficiary, and upon surrender of this Deed of Trust and the Promissory Note and any additional loan notes to Trustee for cancellation, and upon payment to Trustee of its fees and expenses, Trustee shall reconvey, without warranty, the Property or that part thereof then held hereunder. The recitals in any reconveyance shall be conclusive proof of their truthfulness and the grantee in any such reconveyance may be described "as the person or persons legally entitled thereto." When the Property has been fully reconveyed, the last such reconveyance shall operate as a reassignment of all of the rents, royalties, issues, accounts and profits of the Property to the person or persons legally entitled thereto unless such reconveyance expressly provides to the contrary.

5.6 Events of Default. Any one or more of the following events shall constitute a default under this Deed of Trust, subject to any notice and/or cure period provided for in the Loan Documents: (a) uncured default under the Regulatory Agreement; (b) failure of the Borrower to pay the indebtedness secured hereby or any installment thereof, whether principal, interest or otherwise, when and as the same become due and payable, whether at maturity or by acceleration or otherwise; or (c) failure of Borrower to observe or to perform any covenant, condition or agreement to be observed or performed by Borrower pursuant to the Secured Obligations; or (d) any representation or warranty made by the Borrower proves to be intentionally false or misleading in any material respect; or (e) bankruptcy or insolvency of Borrower; or (f) the occurrence of any event which, under the terms of the Secured Obligations, shall entitle the Beneficiary to exercise the rights or remedies thereunder.

5.7 Acceleration and Sale.
(a) Acceleration. In the event of any default as set forth in paragraph 5.6 above, the Beneficiary, without demand on Borrower, may declare all sums hereby secured immediately due and payable by notice thereof to Borrower or by executing and recording or by causing the Trustee to execute and record a notice of default and election to cause the Property, and any personal property secured hereby, either separately or together, to be sold to satisfy the obligations secured hereby or by the commencement of an appropriate action to foreclose this Deed of Trust or by any other appropriate manner;
(b) Sale. After delivery to Trustee of a notice of default and demand for sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Borrower, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Borrower, Trustee or the Beneficiary, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied.

5.8 Entry Possession and Receivership. In the event of any default hereunder that has not been cured following written notice and expiration of the applicable cure period, and irrespective of whether the Beneficiary accelerates the maturity of all indebtedness secured hereby or files a notice of default hereunder, the Beneficiary at any time, without notice of demand or regard to the adequacy of any security for the indebtedness and obligations hereby secured, in person, or by any agent or employee, or by receiver appointed by court, may enter upon and take the possession of the Property or any part thereof and Borrower agrees to surrender such possession to the Beneficiary, and perform any acts, including the right to rent, lease, operate and maintain

any part of all of the Property, which the Beneficiary deems necessary or proper to conserve the Property, and may sue for or otherwise collect and receive all rents, royalties, issues, accounts and profits thereof, including those past due as well as those accruing thereafter. Borrower hereby presently assigns to the Beneficiary, absolutely and regardless of possession of the Property, all rents and other monies now due or hereafter to become due under any lease or agreement or otherwise for the use or occupation of all or any part of the Property, now existing or hereafter made, reserving to Borrower only the right, prior to any such default, to collect and retain such rents as they become due, but not otherwise. Borrower shall on demand execute such further assignments to the Beneficiary of any or all such leases, agreements, rents or monies as the Beneficiary may require, and deliver to the Beneficiary a fully executed original of any or all such leases or agreements. The Beneficiary, in person, or by any agent, employee or receiver, may also take possession of, and for these purposes use, any and all of Borrower's personal property contained in or on the Property and used by Borrower in the operation, rental or leasing thereof or any part thereof. The expenses (including, but not limited to, receiver's fees, attorney fees and agent's compensation) incurred by the Beneficiary pursuant to the power herein contained shall be secured hereby. The Beneficiary may bring or defend any legal action in connection with the Property, as it may deem proper, and may, from time to time, make all necessary or proper repairs, replacements and alterations to the Property, as to it may seem judicious, and may insure and reinsure the same, and may lease the Property or any part or parts thereof in such parcels and for such periods and on such terms as to it may seem fit, including leases for terms expiring after the maturity of the indebtedness hereby secured, and may terminate and lease for any cause which would entitle Borrower to terminate it. After deducting the expenses of managing and operating the same and all maintenance, repairs, replacements and alterations and all payments which may be made for taxes, assessments, liens, claims, insurance premiums, or other proper charges of the Property or any part thereof, including fair and reasonable compensation for attorneys and for agents employed by the Beneficiary to manage and operate the Property, the Beneficiary may apply any and all remaining funds to the payment of the indebtedness hereby secured in such order and proportion as the Beneficiary may determine. Neither application of said amounts to such indebtedness nor any other action taken by the Beneficiary under this subparagraph shall cure or waive any default hereunder or nullify the effect of any such notice of default or invalidate any act done pursuant to such notice or any cause of action to foreclose this Deed of Trust. The right to enter and take possession of the Property, to manage and operate the same, and to collect the rents, issues and profits thereof, whether by a receiver or otherwise, shall be in addition to any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. The Beneficiary shall be liable to account only for such rents, royalties, issues, accounts and profits actually received by it.

Temecula City CouncilMay 23, 2023

Temecula City Council
May 23, 2023