Agreement No. 08-1795
Project No.: 0824000255
EA: 08-43273
08-RIV-015-5.5/9.6
ProjectFiles...........................................................................................................................................15 EnvironmentalCompliance...................................................................................................................15 GENERAL CONDITIONS............................................................................................................................15 Venue.........................................................................................................................................................15 Exemptions.................................................................................................................................................15 Indemnification..........................................................................................................................................15 Non-parties.................................................................................................................................................16 Ambiguityand Performance......................................................................................................................16 Defaults......................................................................................................................................................16 DisputeResolution.....................................................................................................................................16 PrevailingWage.........................................................................................................................................17 FUNDINGSUMMARY.................................................................................................................................18 Funding......................................................................................................................................................20 Invoicingand Payment...............................................................................................................................21 Plans, Specifications, and Estimate(PS&E)..........................................................................................21 Right -of -Way (R/W) Support................................................................................................................21 Right -of -Way (R/W) Capital.................................................................................................................21 SIGNATURES...............................................................................................................................................22 Agreement No. 08-1795 1 08-RIV-015 1 EA: 08-43273
Agreement No. 08-1795
Project No.: 0824000255
EA: 08-43273
08-RIV-015-5.5/9.6
COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Temecula, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, to construct phase III of the French Valley project, to construct a six lanes overcrossing between Jefferson Avenue and Ynez Street, and Northbound on ramps at Interstate 15 in the City of Temecula, will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents.
All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• RIGHT-OF-WAY (R/W)
• ENVIRONMENTAL REVALIDATION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
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Agreement No. 08-1795
Project No.: 0824000255
EA: 08-43273
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Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
The following work associated with this PROJECT has been completed or is in progress:
• CALTRANS completed the Project Initiation Document (PID) on May 21, 2002. • CITY approved the Mitigated Negative Declaration on January 29, 2010. • CITY approved the Finding of No Significant Impact (FONSI) on January 29, 2010. • The PA&ED, PS&E AND R/W cooperative agreement was completed under the parent project is currently split into three phases, EA 43271, EA 43272, and EA 43273. • The Construction of Phase 1, EA 43271 was completed in 2014 (Cooperative Agreement No. 08-1508).
• Phase 2, EA 43272 is under construction and expected to be completed in Summer of 2025. • Phase 3, EA 43273 is in progress and Phase 4 will be implemented at a later day. • CITY signed and approved the Initial Study (IS) on December 12, 2009.
In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
CALTRANS and CITY will co -SPONSOR the WORK included in this AGREEMENT in the following percentages:
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PROJECT COMPONENT
I CALTRANS
CITY
PSE
0 100
ROW
0 100
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. 0 CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.
PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. • CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY.
RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre -construction monument preservation; the acquisition of right-of- way interests; and post -construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).
11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK -related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.
14. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT.
If an IMPLEMENTING AGENCY anticipates that funding for the WORK will be insufficient to complete the WORK, the IMPLEMENTING AGENCY will promptly notify the SPONSOR.
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15. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
16. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.
CALTRANS' Ouality Management
18. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
19. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
21. CITY will provide WORK -related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
CEQA/NEPA Lead Agency
22. CITY is the CEQA Lead Agency for the PROJECT.
23. CALTRANS is a CEQA Responsible Agency for the PROJECT.
24. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
25. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY's responsibilities in this AGREEMENT.
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26. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
27. The PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
State Waste Discharge Requirements (Porter Cologne)/Regional Water Quality Control Board
Plans, Specifications, and Estimate (PS&E)
28. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
29. CALTRANS will be responsible for completing the following PS&E activities:
CALTRANS Work Breakdown Structure
Identifier (If Applicable)
AGREEMENT
Funded Cost
100.15.10.xx Quality Management
NO
30. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.
CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.
31. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS' policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.
32. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to CITY until the following conditions are met:
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• Any new or amended Maintenance Agreement required for the WORK are executed. • Any new or amended Freeway Agreement required for the WORK are executed.
RIGHT-OF-WAY
33. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF- WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
34. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:
CALTRANS Work Breakdown Structure
Identifier (If Applicable)
AGREEMENT
Funded Cost
100.25.10.xx Quality Management
NO
35. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS' policies, procedures, standards, practices, and applicable agreements.
36. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.
37. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right -of -Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.
38. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.
39. When RIGHT-OF-WAY is funded with State Transportation Improvement Program (STIP) funds the acquisition of right-of-way will not occur prior to the approval of the environmental document.
40. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.
CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.
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41. If CITY acquires any right-of-way to be incorporated into the State Highway System (SHS), CITY will first acquire in its own name.
No right-of-way will be acquired in CALTRANS' name.
Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right -of -Way Closeout activities are complete.
42. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.
CITY will submit a draft Right -of -Way Certification to CALTRANS six weeks prior to the scheduled Right -of -Way Certification milestone date for review.
CITY will submit a final Right -of -Way Certification to CALTRANS for approval prior to the advertising the construction contract.
43. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.
44. CALTRANS' acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS' name.
45. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.
Schedule
46. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
47. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written monthly progress reports during the completion of the WORK.
Additional Provisions
Standards
48. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards.
CALTRANS standards include, but are not limited to, the guidance provided in the:
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• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Stewardship and Oversight Agreement
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work
49. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
50. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
51. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
52. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
53. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
54. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
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Disclosures
55. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
56. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
57. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
58. If HM-I or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.
59. CALTRANS, independent of the PROJECT, is responsible for any HM-I found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS will pay, or cause to be paid, the cost of HM-I MANAGEMENT for HM-I found within the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.
60. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-I MANAGEMENT with minimum impact to the PROJECT schedule.
CITY will pay, or cause to be paid, the cost of HM-I MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT.
61. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.
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CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
62. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
Claims
63. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.
64. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
65. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for -profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
66. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.
67. PARTIES will maintain and make available to each other all WORK -related documents, including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK -related records for three (3) years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.
68. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.
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CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.
The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK -related records needed for the audit.
The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.
Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.
Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.
69. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
70. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
71. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of- way in a safe and operable condition acceptable to CALTRANS.
72. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgments and Settlements
73. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
74. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
75. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
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Proiect Files
76. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
Environmental Compliance
77. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
78. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
79. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
80. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
81. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under this AGREEMENT.
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82. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT.
Non-parties
83. PARTIES do not intend this AGREEMENT to create a third -party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
84. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
85. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY's performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
86. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
87. If any PARTY defaults in its performance of the WORK, a non -defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non -defaulting PARTY may initiate dispute resolution.
Dispute Resolution
88. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation.
PARTIES agree to participate in mediation in good faith and will share equally in its costs.
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Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
89. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
90. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis -Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
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Agreement No. 08-1795
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FUNDING SUMMARY
FUNDING TABLE
IMPLEMENTING
AGENCY:
CITY
CITY
Source
Party
Fund Type
PS&E
R/W
SUPPORT
R/W
CAPITAL
Totals
STATE
CITY
STIP/RIP
5,000,000
0 01qWr
5,000,000
LOCAL
CITY
Local
1,100,000
400,000
2,000,000
3,500,000
Totals
6,100,000
400,000
2,000,000
8,500,000
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SPENDING TABLE
PS&E
R/W
SUPPORT
R/W
CAPITAL
Fund Type
CITY
CITY
CITY
Totals
STEP/REP
5,00 , 0
5,000,000
Local
1,100,000
400,000
2,000,000
3,500,000
Totals
6,100,000
400,000
2,000,000
8,500,000
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Funding
91. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.
92. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
93. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
In accordance with California law, the Administration Rate is capped at 10 percent for Self -Help Counties with a countywide sales tax measure dedicated to transportation improvements.
94. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS' Audits and Investigations for review and acceptance prior to CALTRANS' reimbursement of indirect costs.
95. Travel, per diem, and third -party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.
Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (Ca1HR) rules current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of Ca1HR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.
96. In accordance with the CALTRANS Federal -Aid Project Funding Guidelines, PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that will change the federal share of funds.
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97. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.
Invoicing and Payment
98. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY; will pay invoices within five (5) calendar days of receipt of invoice.
99. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
100. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.
101. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.
Plans, Specifications, and Estimate (PS&E)
102. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
Ripht_of-Way (R/W) Support
103. No invoicing or reimbursement will occur for the RIGHT-OF-WAY SUPPORT PROJECT COMPONENT.
Ripht_of-Way (R/W) Capital
104. No invoicing or reimbursement will occur for the RIGHT-OF-WAY CAPITAL PROJECT COMPONENT.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION
Catalino Pining III
District 8 Director
Verification of Funds and Authority:
Karem Evans
District 8 Budget Manager (Acting)
Certified as to financial terms and policies:
Darwin Salmos
HQ Accounting Supervisor
CITY OF TEMECULA
Brenden Kalfus
City Mayor
Attest:
Randi Johl
City Clerk
Peter M. Thorson
City Attorney
Agreement No. 08-1795 108-RIV-015 I EA: 08-43273
Item No. 11
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: July 8, 2025
SUBJECT: Approve Agreements with NPG, Inc. and Hardy & Harper, Inc. for Paving Services for Fiscal Years 2026-2030
PREPARED BY: Rebecca Kiser, Management Assistant
RECOMMENDATION: That the City Council approve agreements with NPG, Inc. and Hardy & Harper, Inc., in the amount of $1,250,000 each through June 30, 2030 for paving services.
BACKGROUND: On May 5, 2025, the Street Maintenance Division of the Public Works Department posted on the City of Temecula's online bidding service, Planet Bids, a Request for Proposal (RFP) No. 304, for Paving Services. The Public Works Department received four proposals. A review panel was formed to provide a fair and thorough evaluation of the four proposals that were submitted. After a thorough evaluation and rating process, it was determined that both NPG, Inc. and Hardy & Harper, Inc. would be awarded contracts.
As a result, staff is recommending the approval of two agreements with NPG, Inc. and Hardy & Harper, Inc. for paving services for Fiscal Years 2026-2030.
FISCAL IMPACT: Adequate funds are available in the Public Works Department, Street Maintenance Division budget for Fiscal Years 2026-2030.
ATTACHMENTS: 1. NPG, Inc. - Agreement
2. Hardy & Harper, Inc. - Agreement
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
CITY OF TEMECULA AND NPG, INC.
ON -CALL PAVING SERVICES
THIS AGREEMENT is made and effective as of July 8, 2026, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and NPG, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 8, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2030, unless sooner terminated pursuant to the provisions of this Agreement.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website at hftf,):// www.dir.ca.qov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject 01/01/2025
to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to h ftp://www.dir.ca.gov/Public-Works/PublicWorks.htmi
6. PAYMENT
a. The City agrees to pay Contractor 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 Million Two Hundred Fifty Thousand Dollars and No Cents for for the total term of the agreement unless additional payment is approved as provided in this Agreement. b. Contractor 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 Manager .
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor 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 Contractor's fees, it shall give written notice to Contractor 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, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
7. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
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b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
8. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor 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 Contractor 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.
9. OWNERSHIP OF DOCUMENTS
a. Contractor 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. Contractor 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. Contractor 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. 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 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 Contractor. With respect to computer files containing data generated for the work, Contractor 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.
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10. INDEMNIFICATION
The Contractor 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 Contractor'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.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Contractor, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than Two Million ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than Two Million ($2,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Contractor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers.
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b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance 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 additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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.
For any claims related to this project, the Contractor insurance coverage shah be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance 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 Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Contractor'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.
6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor 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.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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.
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e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. S )ecial Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
12. INDEPENDENT CONTRACTOR
a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor 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 Contractor to comply with this section.
14. RELEASE OF INFORMATION
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, 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 Contractor gives City notice of such court order or subpoena. 01/01/2025
b. Contractor shall promptly notify City should Contractor, 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 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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.
15. 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 Contractor: NPG, Inc.
Attn: Mimi Stone
1364 Jet Way
Perris, CA 92671
16. ASSIGNMENT
The Contractor 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, Contractor'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 Contractor.
17. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
18. GOVERNING LAW
The City and Contractor 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 01 /01 /2025
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.
19. PROHIBITED INTEREST
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 Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor 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 Contractor or Contractor's sub -contractors on this project. Contractor 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.
20. 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.
21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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. 01 /01 /2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Brenden Kalfus, Mayor
ATTEST:
By:
Rand! Johl, City Clerk
APPROVED AS TO FORM:
NPG, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Jeffrey Ion, President
By:
Sharon Nelson, Secretary
By:
Peter M. Thorson, City Attorney CONTRACTOR
NPG, Inc.
Attn: Mimi Stone
1364 Jet Way
Perris, CA 92671
961 940-0200
cstone n asphalt.com
9 01101 /2025
EXHIBIT A
Tasks to be Performed
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for future paving maintenance of at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.
5. The Contractor shall provide necessary personnel, equipment, and supplies to accomplish the requested paving maintenance services and related service within the City owned property, including:
• Patching
• Crack Sealing
• Oil Spot Treatment
• Pavement Cleaning
• Sealcoating
• Striping
• Licensed personnel for Traffic Control
• Provide 24-hour Emergency Response.
• Ability to perform work at night during grave yard hours at no extra charge • Ability to work on weekends and holidays
• Ability to provide minor concrete work
10 01 /01 /2025
EXHIBIT B
Payment Rates and Schedule ,
CITY OF TEMECULA
RFP NO.304 PAVING MAINTENANCE SERVICES
Labor Breakdown
All Lahr
Overtime -1 % times
(After 8 Houra turda
Double Time — 2 times
(SSwndawtl-lolida sy } _
Equipment Breakdown
EXHIBIT A — Cost File
PRICING SCHEDULE
$150.00
$200.00
$ 35D.OD
$175.00
Tper Hour
Per Hour
Per Hour
Per Hour
Flatbed Truck with Compressor M7150D.00
$ 600.00
Bob Tail Truck 9-11 Yards
1,2i10.D0
Co c rete Flatbed Truck
k
Dump Truck and Pup Trailer
$1,541D.D4
Air Compressor
$ 300.00
Per Day
Water Truck
$ T50.00
Per Day
Flatbed Truck with 3-5 Roller Combo
$1,200.00
Per Day -
Dump Truck with Ship Loader and
Trailer Combo
$1,500.00
Per Day
1012 Ton Roller with Trailer
$1,20(l.00
Per Day
3-5 ion Roller with Trailer
$ON-00
Per Day
Berm Machine
$450.00
Per Day
Bobcat with Bucket
$1,8DO.DO
Per Day
Bobcat with Grinder
$1,8QO.D0
Per Day
Arrow Board with Truck
$1200.00
Per Day
EXHIBIT B
Payment Rates and Schedule
(CONTINUED)
CITY OF TEMECULA
RFP NO.304 PAVING (MAINTENANCE SERVICES
PRICING SCHEDULE
(CONTINUED)
Standard Set (Comm r Crew)
--
Four Man Crew
$ 4,800.00 --
Skip Loader
$ 600.00
Dump Truck
$ 1 500.00
3-5 Ton Roller
$ 500 00
Flatbed with Compressor and Tools
$500.00
Per Day
Less than 8 Hours (4 hours minimum)
$5,200.00
Per Day
maiteNal4
Asphaft
$145.00
Per Ton
Asphalt Plant Opening on Saturdays
$4,500 00
Flat Rate
Aggregate Base — Class II Road
CrusBase
_
$ 30.0o
Per Ton
Tack Material
$10.00
Per Gallon
Concrete
$350,00
Per Yard
Concrete after 4 yards
$270.00
Per Yard
Sealcoat
$0.13
Per Sq. Ft,
Striping
MOWN od
$ 0.20
Per Linear
Ft.
White Traffic Paint — Fast Dry
$ 0.20
Per Linear
naafi
FL
Blue Paint a,IWW on
$ 5.00
Per Sq Ft.
Yellow Traffic Paint — Fast Dry
$ 0.20
Per Linear
Ft.
Red Paint
$ 0.20
Per Linear
►grit on
Ft.
Slurry Seal
$7.50
_ _
Per Sq
Dated: 05120l2025 By,
Sign Pure rized Representative
Print Name and Title
12 01/01/2025
Docusign Envelope ID: 7C28FE87-0BEF-423E-8917-B7E61 B78D314
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
CITY OF TEMECULA AND HARDY & HARPER, INC.
ON -CALL PAVING SERVICES
THIS AGREEMENT is made and effective as of July 8, 2026, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Hardy & Harper, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
TERM
This Agreement shall commence on July 8, 2026 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2030, unless sooner terminated pursuant to the provisions of this Agreement.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.4ov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject 01 /01 /2025
to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca..qoviPublic-Works/PublicWorks.html
6. PAYMENT
a. The City agrees to pay Contractor 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 Million Two Hundred Fifty Thousand Dollars and No Cents ($1,250,000.00) for for the total term of the agreement unless additional payment is approved as provided in this Agreement. b. Contractor 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 Manager .
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor 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 Contractor's fees, it shall give written notice to Contractor 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, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
7. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
01 /01 /2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61B78D314 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
8. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor 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 Contractor 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.
9. OWNERSHIP OF DOCUMENTS
a. Contractor 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. Contractor 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. Contractor 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. 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, surreys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement 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 Contractor. With respect to computer files containing data generated for the work, Contractor 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.
01/01/2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61B78D314
10. INDEMNIFICATION
The Contractor 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 Contractor'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.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Contractor, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than Two Million ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than Two Million ($2,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Contractor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers.
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61B78D314 b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance 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 additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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 Contractor insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance 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 Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Contractor'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.
6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor 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.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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.
01 /01 /2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61B78D314 e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
12. INDEPENDENT CONTRACTOR
a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor 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 Contractor to comply with this section.
14. RELEASE OF INFORMATION
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, 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 Contractor gives City notice of such court order or subpoena. 01 /01 /2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61B78D314 b. Contractor shall promptly notify City should Contractor, 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 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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.
15. 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 Contractor: Hardy & Harper, Inc.
Attn: Liz Walters
32 Rancho Circle
Lake Forest, CA 92630
16. ASSIGNMENT
The Contractor 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, Contractor'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 Contractor.
17. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
18. GOVERNING LAW
The City and Contractor 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 01/01/2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61 B78D314 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.
19. PROHIBITED INTEREST
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 Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor 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 Contractor or Contractor's sub -contractors on this project. Contractor 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.
20. 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.
21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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. 01 /01 /2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61B78D314 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Brenden Kalfus, Mayor
ATTEST:
By:
Rand! Johl, City Clerk
APPROVED AS TO FORM:
Hardy & Harper, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
Z"t
Signed by:
By' Qw�uan,� sow
11 367C 8BAA498...
Mic ae Amundson, Vice President
Signatl by
By: PAZVh
dC1824D EOt4..
Kristen aulno, Corporate Secretary
By:
Peter M. Thorson, City Attorney CONTRACTOR
Hardy & Harper, Inc. _
Attn: Liz Walters
32 Rancho Circle
Lake Forest, CA 92630
(714) 444-1851
[email protected]
01/01/2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61B78D314
EXHIBIT A
Tasks to be Performed
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for future paving maintenance of at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.
5. The Contractor shall provide necessary personnel, equipment, and supplies to accomplish the requested paving maintenance services and related service within the City owned property, including:
• Patching
• Crack Sealing
• Oil Spot Treatment
• Pavement Cleaning
• Sealcoating
• Striping
• Licensed personnel for Traffic Control
• Provide 24-hour Emergency Response.
• Ability to perform work at night during grave yard hours at no extra charge Ability to work on weekends and holidays
• Ability to provide minor concrete work
10 01 /01 /2025
Docusign Envelope ID: 7C28FE87-OBEF-423E-8917-B7E61 B78D314
EXHIBIT B
Payment Rates and Schedule
CITY OF TEMECULA
RFP NO.304 PAVING MAINTENANCE SERVICES
EXHIBIT A -- Cost File
PRICING SCHEDULE
Y
AN Labor
$ ,135 • c0#PerHour
Overtime -1 1/2 times
$ 03 0or HourAfter
8 Hours/SaturdaDouble
Time — 2 limes
$ 270.00r Hour
Operator
Flatbed Truck with Compressor Mou
Bob Tail Truck 9-11 Yards
Concrete Flatbed Truck
Damp Truck and Pup Trailer
Air Compressor
Water Truck
Flatbed Truck with 3-5 Roller Combo
Dump Truck with Skip Loader
Trailer Combo
10-12 Ton Roller with Trailer
3-5 Ton Roller with Trailer
r�em Machine
Bobcat with Bucket
Bobcat with Grinder
Arrow Board with Truck
$ 145.00 Per Hour
nt
and
$ 310.00
Per Day
$ 765.00
Per Day
Per Day
Per Day
Per Day
Per Day
Per Day
Per Day
Per Day
Per Day
$ 330.00
$ 765.00
$ 135.00
$ 710.00
$ 1,075.00
$ 1,390.00
$ 875.00
$ 450.00
$ 2, 650 .00 Per Day
$ 1,175.00
Per Day
Per Day
$ 1,375.00
$ 275.00 Per Day
Docusign Envelope ID: 7C28FE87-0BEF-423E-8917-B7E61 B78D314
EXHIBIT B
Payment Rates and Schedule
(CONTINUED)
CITY OF TEMECULA
RFP NO. 304 PAVING MAINTENANCE SERVICES
PRICING SCHEDULE
(CONTINUED)
Standard Set (Common Repair Crew) J�
Four Man Crew $ 4,480.00
Skip Loader $ 625.00
Dump Truck
$ 765.00
3-5 Ton Roller
$ 450.00
Flatbed with Compressor and Tools
$ 310.00
Per Day
Less than 8 Hours (4 hours minimum)
$ 4, 200.00
Per Day
Materials
Asphalt
$ 110.00
Per Ton
Asphalt Plant Opening on Saturdays
$ 3,200.00
Flat Rate
Crush Aggregate Base — Class [I Road
Base
$ 35.00
Per Ton
Tack Material
$ 6.00
Per Gallon
Concrete
$ 295.00
Per Yard
Concrete after 4 yards
$ 275.00
Per Yard
Sealcoat
$ .50
Per Sq. Ft.
Striping
$ 2.00
Ft r Linear
White Traffic Paint — Fast Dry
$ 2.00
Per Linear
Ft.
Blue Paint
$ 2.00
Per Sq Ft.
Yellow Traffic Paint — Fast Dry
$ 2.00
Per Linear
Ft.
Red Paint
$ 2.00
Per Linear
Ft.
Slurry Seal
$ 1 . oo
Per Sq
Dated: 5/20/2025 By:
Signature W Authorized Representative
?Michael Amundson. Vice President
Print Name and Title
12 01/01/2025
Item No. 12
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JUNE 10, 2025
CALL TO ORDER at 8:32 PM: President Zak Schwank
ROLL CALL: Alexander, Kalfus, Rahn, Schwank, Stewart
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 Stewart, Second by Alexander. The vote reflected unanimous approval.
26. Approve Action Minutes of May 27, 2025
Recommendation:
That the Board of Directors approve the action minutes of May 27, 2025.
27. Approve Financial Statements for the 3rd Quarter Ended March 31, 2025 Recommendation: That the Board of Directors:
1. Receive and file the financial statements for the 3rd Quarter ended March 31, 2025; and
2. Approve Fiscal Year 2024-25 budget adjustment to increase the TCSD Service Level "D" - Ref ise/Recycling Fund expenditure (194.180.507.5610) and revenue (194.180.000.4096) accounts by $27,368 to reflect the Beverage Container Recycling City/County Payment Program Grant received on March 31, 2025.
28. Approve Second Amendment with Social Work Action Group for Citywide Homeless Outreach Services
Recommendation: That the Board of Directors approve the second amendment with Social Work Action Group (SWAG) for citywide homeless outreach services through June 30, 2028, and increase payment in the amount of $1,208,981.25, for a total agreement amount of $2,925,586.05.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 8:35 PM, the Community Services District meeting was formally adjourned to Tuesday, June 24, 2025 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Zak Schwank, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 13
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: July 8, 2025
SUBJECT: Approve Sponsorship Agreement with disABILITY Sports Foundation in Support of Human Services Programs and Activities
PREPARED BY: Kassandra Ambriz, Community Services Coordinator II RECOMMENDATION: That the Board of Directors approve the sponsorship agreement with non-profit disABILITY Sports Foundation in support of various human services programs and activities.
BACKGROUND: The City of Temecula is committed to serving youth with special needs and their families. As outlined in the Youth Master Plan Addendum, the City has developed a framework that includes a set of strategic directions that outline the major categories of action for achieving the community's vision and desired outcome to serve youth with special needs.
Categories include Community Education, Volunteerism, Training, Public -Private Partnerships and Resources, and Programs and Services. The goals in developing these strategies are to facilitate partnerships, leverage existing resources, and capitalize on the community's "can do" spirit.
The Partnership between the City of Temecula and disABILITY Sports Foundation exists to leverage resource opportunities; create, expand, and improve programs and services; facilitate inclusion, and promote special needs awareness. The City of Temecula and &ABILITY Sports Foundation have worked cooperatively to host various programs, services, and events for the residents of Temecula and surrounding cities. This partnership will continue through the following activities:
Beep Baseball Clinic: The disABILITY Sports Foundation will host a Beep Baseball Clinic which will provide people who are blind and visually impaired the opportunity to learn and play baseball while adapting the sport to meet their needs.
Special Needs Playground Programs: The nonprofit will partner with the City's Social Skills Program at Michael "Mike" Naggar Community Park and Friendship Park to host two-hour Special Needs Programs year-round on various dates during the Spring, Summer, and Fall which will include recreational activities, arts and crafts, and enrichment.
FISCAL IMPACT: No fiscal impact, as all sponsorship is in -kind support.
ATTACHMENTS: Agreement
SPONSORSHIP AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND
DISABILITY SPORTS FOUNDATION
THIS AGREEMENT is made and effective as of this 8"' day of July, 2025, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and disABILITY Sports Foundation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:
1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall operate a Beep Baseball Clinic & Exhibition (hereinafter referred to as the "Event") on Sunday, October 19, 2025 from 1:00 pm — 4:00 pm at Friendship Park, 44900 Temecula Lane.
i. The Event will include volunteer coaches with nonprofit disABILITY Sports Foundation who will provide information and instruction on the sport for the purposes of introducing potential players to the sport of Beep Baseball. ii. The Event will provide people who are visually impaired the opportunity to learn and play baseball while adapting the sport to meet their needs. b. The Nonprofit shall provide recreation activities and resources at the Michael "Mike" Naggar Community Park, 29119 Margarita Rd, during the City's Eagle Soar Playground & Splashpad Inclusive Social Skills Program to be held on the following dates from 9:00 am — 11:00 am: every Thursday, July 10, 2025 — August 7, 2025; 2"d Saturdays, September 13, 2025 — October 11, 2025; and Saturday, April 11, 2026 and Saturday April 18, 2026.
i. The recreation activities will include activities for all participants of the program:
1. Sports such as soccer, mini golf, inflatable bowling, and more
2. Crafts and activities such as seasonal crafts, coloring sheets, activity sheets, sensory station, and more
3. Games such as ring toss, corn hole, parachute, and more ii. The Nonprofit will provide access to waterproof wheelchairs, resources and materials for the program at no cost to the City.
c. The Nonprofit shall provide recreation activities and resources at Friendship Park, 44900 Temecula Lane, during the City's Inclusive Social Skills Program to be held on the following dates from 4:00 pm — 6:00 pm: every Wednesday, March 18, 2026 — April 1, 2026
i. The recreation activities will include activities for all participants of the program:
1. Sports such as soccer, mini golf, inflatable bowling, and more
2. Crafts and activities such as seasonal crafts, coloring sheets, activity sheets, sensory station, and more
3. Games such as ring toss, corn hole, parachute, and more ii. The Nonprofit will provide access to resources and materials for the program at no cost to the City.
01 /01 /2025
d. The Nonprofit will provide material and adaptive equipment during the Event at no cost to the City.
e. Alcohol will not be served at any of the above mentioned events/programs. f. The City desires to be a Co -Sponsor of all the above mentioned events/programs, providing in -kind support including use of field space, park facilities and staff support.
TERM
This Agreement shall commence on July 8, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 31, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed One Hundred Twenty Dollars and Zero Cents ($120.00) as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds One Hundred Twenty Dollars and Zero Cents ($120.00), the Nonprofit may seek City authorization for payment above that amount.
4. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Director of Community Services a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report.
5. PERMITS
The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement.
6. MEETING ATTENDANCE
The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted.
7. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula 01101 /2025
Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees 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 the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement.
B. INSURANCE
The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors.
a. Minimum Scope: of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Nonprofit is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
01101 /2025
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 additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit.
General liability coverage can be provided in the form of an endorsement to the Nonprofit Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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 Nonprofit insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance 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 Nonprofit's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Nonprofit may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Nonprofit'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.
6) If the Nonprofit's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Nonprofit.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit 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.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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.
e. Verification of Coverage. Nonprofit shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Nonprofit obligation to provide them. The City reserves the right to require complete, certified 01101 /2025
copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special_ Risks or Circumstances —The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. GOVERNING LAW
The City and the Nonprofit 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.
10. LEGAL RESPONSIBILITIES
The Nonprofit 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 Nonprofit 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 Nonprofit to comply with this section.
11. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
12. 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:
Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Recipient: disABILITY Sports Foundation
Attn: Julie Madziarcyzk
P.O. Box 893011
Temecula, CA 92589-3011
01 /01 /2025
15. INDEPENDENT CONTRACTOR
a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder.
16. 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.
17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General 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. 01/01/2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Zak Schwank, TCSD President
ATTEST:
By:
Randi Johl, Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, General
Counsel
DISABILITY SPORTS FOUNDATION
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Scott Allen Madziarcyzk, Vice
President
NONPROFIT
disABILITY Sports Foundation
Julie Madziarc zk
P.O. Box 893011
Temecula, CA 92589-3011
858-922-6675
julie@disabil!!ysportsfoundation.org
01101 /2025
EXHIBIT "A"
TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS
CO-SPONSOR
disABILITY Sports Foundation shall provide the following benefits and services for the citizens of the City of Temecula:
• City of Temecula logo/name on advertisements
• City of Temecula name on all press releases
• City of Temecula logo/name on event poster
City of Temecula logo/name on event flyers
• City of Temecula logo/name on event t-shirt if applicable • Beep Baseball Clinic and Exhibition Date for the City of Temecula and park users who are visually impaired
• Recreation activities and resources at the Michael "Mike" Naggar Community Park during the City's Eagle Soar Playground & Splashpad Inclusive Social Skills Program and at Friendship Park during the City's Inclusive Social Skills Program "Press Releases will be distributed to all local media, however, publication cannot be guaranteed.
Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc.
01/01/2025
EXHIBIT "B"
IN -KIND SERVICES
ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the Baseball Clinic and Exhibition Date at Friendship Park. The following expenses can be anticipated for the event:
Community Services Rental Space:
$120 (flat rate) per clinic
$120.00
TOTAL: $120.00
01/01/2025
Item No. 14
ACTION MINUTES
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JUNE 10, 2025
CALL TO ORDER at 8:35 PM: Chair Brenden Kalfus
ROLL CALL: Alexander, Kalfus, Rahn, Schwank, Stewart
SARDA PUBLIC COMMENTS - None
SARDA CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Stewart. The vote reflected unanimous approval.
29. Approve Financial Statements for the 3rd Quarter Ended March 31, 2025 Recommendation:
That the Board of Directors receive and file the financial statements for the 3rd Quarter ended March 31, 2025.
SARDA EXECUTIVE DIRECTOR REPORT
SARDA BOARD OF DIRECTOR REPORTS
SARDA ADJOURNMENT
At 8:36 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 24, 2025, at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Brenden Kalfus, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Matt Peters, Director of Community Development
DATE: July 8, 2025
SUBJECT: Consider Third Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA25-0016)
PREPARED BY: Scott Cooper, Senior Planner
RECOMMENDATION: That the City Council conduct a public hearing and approve a third amendment to the development agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA25-0016) and introduce ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE THIRD AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA
CORPORATION AND WINCHESTER HILLS I LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY AND
MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PLANNING APPLICATION NO. PA25-0016)
SUMMARY OF
ORDINANCE: An Ordinance for a Third Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company. The third Amendment repeals the first amendment which extended the term of the development agreement and reinstates the original term of the development agreement for the Winchester Hills I LLC property. The Third amendment rescinds the extension of the term of the development agreement, but does not make any other revisions to the development agreement with respect to the development of property.
BACKGROUND: On August 28, 2001 the City Council of the City of Temecula approved an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002, as Document No. 2002-026470 in the Official Records of the County of Riverside.
The City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015-0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement.
The City Council of the City of Temecula approved that certain agreement entitled "Second Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 2022-14 ("Second Amendment"). The Second Amendment was recorded on January 11, 2023 as Document No. 2023-0007919 in the Official Records of the County of Riverside. The Second Amendment rescinded the First Amendment to the Development Agreement and reinstated the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan.
On January 7, 2025, the applicant, Winchester Hills I LLC, a California Limited Liability Company, submitted a proposed Third Amendment to the Development Agreement to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. This property was previously excluded from the Second Amendment to the Development Agreement. Once the property was sold the current owner has agreed to the terms of the Third Amendment.
Development Agreement Amendment
The property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property which has been developed consistent with the Development Agreement. The second is the former Winchester Hills I LLC property which is located within portions of Planning Area 12 of the Harveston Specific Plan and most recently had the Residential Overlay approved on the property. Since the time of the First Amendment, Winchester Hills I LLC has since sold the property to CRP/AHV Prado Owner, LLC who in turn sold the property to Meritage Homes of California, Inc., who is the signee of the Third Amendment. The Third Amendment is identical to the Second Amendment but with a different developer signing the amendment.
The applicant has requested to repeal the First Amendment which extended the term of the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Hills I LLC property. The Third Amendment rescinds the extension of the term of the
Development Agreement, but does not make any other revisions to the Development Agreement with respect to the development of property.
The original terms of the of the Development Agreement excluded or exempted the property owner/developer from paying Transportation Uniform Mitigation Fee (TUMF) and Multiple Species Habitation Conservation Plan (MSHCP) fees. Once the original Development Agreement was amended, WRCOG took the position that the property owner/developer was no longer exempt from payment of TUMF fees. RCA took a similar position with resepct to MSHCP fees. The Third Amendment reinstates the original term of the Development Agreement and allows the property owner/developer to seek concurrence from WRCOG and RCA that the property owner/developer is exempt from the payment of TUMF and MSHCP fees. The property owner/developer will be responsible for payment of all other development impact and Quimby fees.
Planning Commission Recommendation
Staff presented the project to the Planning Commission on May 21, 2025. The Planning Commission recommended that the City Council approve the ordinance and make a finding of exemption. There were no public speakers regarding this item.
FISCAL IMPACT: None
ENVIRONMENTAL: The proposed Ordinance, which approves a Third Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the proposed Ordinance may have a significant effect on the environment. The adoption of the proposed Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA.
ATTACHMENTS: 1. Aerial Map
2. Ordinance — Third Amendment to the Development
Agreement
3. Exhibit A — Third Amendment to the Development
Agreement
4. Planning Commission Resolution No. 2025-19
Recommending approval of the Second Amendment to the
Development Agreement
5. Notice of Exemption
6. Notice of Public Hearing
916-400-070 CITY OF TEMECULA PA25-0016
0 200 400 Feet
I i I
1:5,000 Date Created: 1/13/2025 The Heart of Southern California Wine Country
The map PA24-0494.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis
ORDINANCE NO.2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE THIRD AMENDMENT
TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND LENNAR HOMES, INC., A
CALIFORNIA CORPORATION AND WINCHESTER
HILLS I LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (PLANNING APPLICATION NO. PA25-0016)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that:
A. The City of Temecula ("City"), a general law City in the State of California, Lennar Homes, Inc., a California Corporation and Winchester Hills ILLC, a California limited liablity company ("Winchester"), entered into an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside.
B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement.
C. On January 10, 2023, the City Council of the City of Temecula approved that certain agreement entitled "Second Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 2022-14 ("Second Amendment"). The Second Amendment was recorded on January 11, 2023 as Document No. 2023-0007919 in the Official Records of the County of Riverside. The Second Amendment rescinded the First Amendment to the Development Agreement and reinstated the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan.
D. The real property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property described in the
Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property ("Winchester Property").
E. The Lennar Property has been developed consistent with the Development Agreement and the term of the Development Agreement as it pertains to the Lennar property has expired.
F. On January 7, 2025 the applicant, Winchester Hills I LLC, a California Limited Liability Company, filed Planning Application No. PA25-0016, a proposed Third Amendment to the Development Agreement. Winchester Hills I LLC seeks to repeal the First Amendment and reinstate the original term of the Development Agreement for the Winchester Property.
G. This application was filed in a manner in accord with the City of Temecula General Plan and Development Code.
H. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interest in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste or resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to Conditions of Approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development and provide for economic assistance to Owner for the entitlements authorizing development related improvements.
I. On May 21, 2025, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Third Amendment to the Development Agreement ("Third Amendment") as prescribed by law at which time all persons interested in the proposed Third Amendment had the opportunity and did address the Planning Commission on this matter.
J. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2025-19, "A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMCULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PLANNING APPLICATION NO.
PA25-0016)."
K. On July 8, 2025, the City Council considered the Application at a duly noticed public hearing which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project.
L. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Legislative Findings. The City Council in approving the Third Amendment to theDevelopment Agreeemnt hereby makes the following findings:
A. The City has reviewed the potential impacts of the Third Amendment and the various potential benefits to the City of the Third Amendment and has concluded that the Third Amendment is in the best interests of the City.
B. The Third Amendment is consistent with the City's General Plan including the goals and objectives thereof and each element thereof.
Section 3. CEQA. This Ordinance, which approves the Third Amendment, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment. The adoption of the Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA.
Section 4. Approval of Third Amendment to Development Agreement. The City Council of the City of Temecula hereby approves that certain Third Amendment and authorizes the Mayor to execute the Third Amendment in substantially the form attached hereto as Exhibit «A„
Section 5. Authority of the City Manager. 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 Third Amendment and to administer the City's obligations, responsibilities and duties to be performed under the Third Amendment.
Section 6. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. t3
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
Brenden Kalfus, 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 Ordinance No. 2025- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 8th day of July, 2025, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Randi Johl, JD, MMC
City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use)
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TEMECULA AND
LENNAR HOMES, INC., A CALIFORNIA CORPORATION
AND WINCHESTER HILLS I LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
This Third Amendment to Development Agreement is made and entered into as of , 2025, by and between the CITY OF TEMECULA, a California municipal corporation ("City"); HARVESTON-SAB SOUTH LLC, a California limited liability company, a successor in interest to HARVESTON-SAB LLC, a California limited liability company ("Harveston") successor in interest to Winchester Hills I LLC, a California limited liability company; and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ("Meritage") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this Second Amendment, the parties hereto agree as follows:
1. Recitals. This Third Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct:
A. On August 28, 2001, the City Council of the City of Temecula approved that certain agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside.
B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. On January 10, 2023, the City Council of the City of Temecula approved that certain agreement entitled "Second Amendment to Development Agreement By And Between The City of Temecula and Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by adoption of Ordinance No. 2022-14 ("Second Amendment"). The Second Amendment was recorded on January 11, 2023 as Document No. 2023-0007919 in the Official Records of the County of Riverside.
C. The real property which is subject to the Development Agreement and the First Amendment and Second Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property which was specifically described in Exhibit A to the First Amendment ("Winchester Property").
D. The Lennar Property has been developed consistent with the Development Agreement, so the term of the Development Agreement as it pertains to the Lennar Property has expired.
E. Winchester Hills I LLC's interest in the Winchester Property and in the Development Agreement (as amended by the First Amendment) was transferred to Harveston in 2012. The northerly portion of the Winchester Property acquired by Harveston was transferred to Harveston North in 2015 and the southerly portion was transferred to Harveston South in 2016. Harveston South has requested to repeal the First Amendment which extended the term of the Development Agreement and to reinstate the original term of the Development Agreement for the remaining portion of the Winchester Property.
F. Meritage, a "Merchant Builder" under the Development Agreement owns the portion of the Winchester Property specifically described and depicted on Exhibit "A" hereto.
Harveston South does not currently own any portion of the Winchester Property but is a party to this Third Amendment to confirm its personal rights under the Development Agreement, including but not limited to its rights to fee credits pursuant to Section 4.8 of the Development Agreement. The property listed in this paragraph and described in the Exhibit is referred to herein as the "Last Winchester Property."
G. Harveston South warrants and represents to the City that the Meritage entity is the only person that owns the Last Winchester Property and that no other persons are required to consent to or approve this Third Amendment.
H. The Planning Commission of the City of Temecula held a duly noticed public hearing on 9 2025 and by Resolution No. 25- recommended to the City Council that this Third Amendment be approved.
I. On , 2025, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Third Amendment and the CEQA documentation at which time all persons had the opportunity to testify in support of or opposition to the proposed Third Amendment.
J. On , 2025 the City Council of the City of Temecula
adopted Ordinance No. 25- approving this Third Amendment.
2. Re eal of First Amendment. The First Amendment is hereby repealed and is of no further force and effect as to the Last Winchester Property.
3. Authority to Enter Into Third Amendment. The entities in Recital F above each warrant and represent to the City that its approval of this Third Amendment will not violate any agreements they may have with other persons. The person or persons executing this Third Amendment on behalf of said entities each further warrant and represent to the City that this Third Amendment has been duly approved by each and that all applicable notices, approvals and procedures were complied with and that he or she is duly authorized by his/her principal to execute this Third Amendment on behalf of that entity and has been duly authorized to do so.
4. Other Terms Remain. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect as to the Last Winchester Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as provided herein
CITY OF TEMECULA,
a municipal corporation
Brenden Kalfus
Mayor
Attest:
Randi Johl, JD, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
HARVESTON-SAB SOUTH LLC,
a California lim)ted liability company
r � �
St0heai A. Bied
President
MERITAGE HOMES OF CALIFORNIA, INC.,
a California corporatio
— Name: l �d 3S���
Title: -
�i�l5tia�1r�s�
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 OLAg)>p 2c\1 202L ,before me, AndrewScActzo,rI -bafM 1°u_.h_Iis, (insert name and title of the officer)
Notary Public, personally appearedM00c%s;er,,
who proved to me on the basis of satisfactory evidence to be the person(g) whose names g are subs ribed to the within instrument and acknowledged to me tha lt�i ewthey executed the same in is ft#eir authorised capaci#yam), and that by 1i ltkeir signature(&) on the instrument the persoxifaj, or the entity upon behalf of which the person() 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)
*my
ANDREW SALAZAR
Notary Public - California
Orange CountyCommission 0 2365034
Comin. Expires .luI 10, YOZs
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 ^agn of e_g U )
On ,�c f 2ja -1.y , before me, VA a5r-i"1 ,
(insert name and title of the officer)
Notary Public, personally appeared St
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 of Gia eal.
Signature (Seal)
KATHERINE HOGAN
CoMM. # 2471702 rn
8 NOTARY PUBLIC -CALIFORNIA r
COUNTY OF SAN DIEGO r
MY Comm. EXP, Nov. 14, 2827"'
EXHIBIT "A"
Meritage Property
LEGAL DESCRIPTION
Real property In the City of Temecula, County of Rlverslde, State of Califomia, described as follows:
PARCEL I: (APN: 916.400-051, 91"0-052 AND 916-400-053)
pARcELS 15, 16 AND 17, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 7o15, IN BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY RECORDS.
PARCEL 11: (APN: 916-40D-067, 916.40D-063, AND A PORTION OF 916-400-066) PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO. LD21-0D23, AS EVIDENCED BY DOCUMENT RECORDED ]UNE 10, 2021 AS INMUMENT NO. 2021.0351953 OF OFFICIAL RECORDS,
EXHIBIT "A"
Meritage Property
DEPICTION
PC RESOLUTION NO.2025-19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED `BAN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA APPROVING THE THIRD
AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TEMECULA AND LENNAR
HOMES, INC., A CALIFORNIA CORPORATION AND
WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY AND MAKE A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PLANNING
APPLICATION NO. PA25-0016)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
A. The City of Temecula ("City"), a general law city in the State of California, Lennar Homes, Inc., a California Corporation and Winchester Hills ILLC, a California limited liablity company entered into an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside.
B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement.
C. On January 10, 2023, the City Council of the City of Temecula approved that certain agreement entitled "Second Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 2022-14 ("Second Amendment"). The Second Amendment was recorded on January 11, 2023 as Document No. 2023-0007919 in the Official Records of the County of Riverside. The Second Amendment rescinded the First Amendment to the Development Agreement and reinstated the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. On January 7, 2025 the applicant, Winchester Hills I LLC, a California Limited Liability Company, filed Planning Application No.
PA25-0016, a proposed Third Amendment to the Development Agreement which rescinds the First Amendment to the Development Agreement and reinstates the original term of the
Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan.
D. This Application was filed in a manner in accord with the City of Temecula General Plan and Development Code.
E. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act.
F. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 21, 2025, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines, and declares that:
A. The City has reviewed the potential impacts of the Third Amendment to the Development Agreement and the various potential benefits to the City of the Third Amendment and has concluded that the Third Amendment is in the best interests of the City.
B. The Third Amendment to the Development Agreement is consistent with the City's General Plan including the goals and objectives thereof and each element thereof.
Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Agreement Amendment Application:
The proposed Ordinance, which approves a Third Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the proposed Ordinance may have a significant effect on the environment.
The adoption of the proposed Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA.
Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PLANNING APPLICATION NO.
PA25-0016)" in substantially the same form attached hereto as Exhibit A, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21"day of May, 2025.
ATTEST:
1" \,#-kA
Matt Peters
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2025-19 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21" day of May, 2025, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Hagel, Solis, Watson, Watts NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Turley-Trejo
Matt Peters
Secretary
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Randi Johl, JD, MMC
City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use)
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TEMECULA AND
LENNAR HOMES, INC., A CALIFORNIA CORPORATION
AND WINCHESTER HILLS I LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
This Third Amendment to Development Agreement is made and entered into as of 2025, by and between the CITY OF TEMECULA, a California municipal corporation ("City"); HARVESTON-SAB SOUTH LLC, a California limited liability company, a successor in interest to HARVESTON-SAB LLC, a California limited liability company ("Harveston") successor in interest to Winchester Hills I LLC, a California limited liability company; and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ("Meritage") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this Second Amendment, the parties hereto agree as follows:
1. Recitals. This Third Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct:
A. On August 28, 2001, the City Council of the City of Temecula approved that certain agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside.
B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. On January 10, 2023, the City Council of the City of Temecula approved that certain agreement entitled "Second Amendment to Development Agreement By And Between The City of Temecula and Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by adoption of Ordinance No. 2022-14 ("Second Amendment"). The Second Amendment was recorded on January 11, 2023 as Document No. 2023-0007919 in the Official Records of the County of Riverside.
C. The real property which is subject to the Development Agreement and the First Amendment and Second Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property which was specifically described in Exhibit A to the First Amendment ("Winchester Property").
D. The Lennar Property has been developed consistent with the Development Agreement, so the term of the Development Agreement as it pertains to the Lennar Property has expired.
E. Winchester Hills I LLC's interest in the Winchester Property and in the Development Agreement (as amended by the First Amendment) was transferred to Harveston in 2012. The northerly portion of the Winchester Property acquired by Harveston was transferred to Harveston North in 2015 and the southerly portion was transferred to Harveston South in 2016. Harveston South has requested to repeal the First Amendment which extended the term of the Development Agreement and to reinstate the original term of the Development Agreement for the remaining portion of the Winchester Property.
F. Meritage, a "Merchant Builder" under the Development Agreement owns the portion of the Winchester Property specifically described and depicted on Exhibit "A" hereto.
Harveston South does not currently own any portion of the Winchester Property but is a party to this Third Amendment to confirm its personal rights under the Development Agreement, including but not limited to its rights to fee credits pursuant to Section 4.8 of the Development Agreement. The property listed in this paragraph and described in the Exhibit is referred to herein as the "Last Winchester Property."
G. Harveston South warrants and represents to the City that the Meritage entity is the only person that owns the Last Winchester Property and that no other persons are required to consent to or approve this Third Amendment.
H. The Planning Commission of the City of Temecula held a duly noticed public hearing on 2025 and by Resolution No. 25- recommended
to the City Council that this Third Amendment be approved.
I. On . 2025, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Third Amendment and the CEQA documentation at which time all persons had the opportunity to testify in support of or opposition to the proposed Third Amendment.
J. On , 2025 the City Council of the City of Temecula
adopted Ordinance No. 25- approving this Third Amendment.
2. Repeal of First Amendment. The First Amendment is hereby repealed and is of no further force and effect as to the Last Winchester Property.
3. Authority to Eater into Third Amendment. The entities in Recital F above each warrant and represent to the City that its approval of this Third Amendment will not violate any agreements they may have with other persons. The person or persons executing this Third Amendment on behalf of said entities each further warrant and represent to the City that this Third Amendment has been duly approved by each and that all applicable notices, approvals and procedures were complied with and that he or she is duly authorized by his/her principal to execute this Third Amendment on behalf of that entity and has been duly authorized to do so.
4. Other Teens Remain. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect as to the Last Winchester Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as provided herein
CITY OF TEMECULA,
a municipal corporation
Brenden Kalfus
Mayor
Attest:
Randi Johl, JD, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
HARVESTON-SAB SOUTH LLC,
a California lir9ted liability company
WY
lZeil A. Bieri
President
MERITAGE HOMES OF CALIFORNIA, INC.,
a California corporati❑
Name:t W a'S t~nSt �t
Title:
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 d t G1()!2 � )
J
On_ r_-Ao6er 2c\, 2Q2L\ ,beforeme,A�,��re� �cx�a2ar,.Nofi�rK 1°�ahlic, (insert name and title of the officer)
Notary Public, personally appeared �1,�s hts� n5 E mS i e s who proved to me on the basis of satisfactory evidence to be the person(#) whose name(s} is are subs ribed to the within instrument and acknowledged to me that�e gWtlrcy executed the same in is /their authorized eapacity0m), and that by is leer/thtir signature(.rrj on the instrument the person($}, or the entity upon behalf of which the perso*) 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)
• r ANDREW SAIAZAR
_ Notary Public - California
Orange County
Commission # 2365034
`• % .uy Comm. Expires Jul 10, 202S
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 ' )
��ti n.�u
On Dcv n1u , before me,
(insert name and title ofthe officer)
Notary Public, personally appeared 5 in Ln
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 ofticia cal.
Signature (Seal)
KAIHERINE HOGAN
A � � MQTARY r'11BUG-,^,AlIFDFlFNA U!
Cau4rr � 5�u Disr�e
i*rnon'" .Kt u7A N. E;V- H4 . li 2�ti
EXHIBIT "A"
Meritage Property
LEGAL DESCRIPTION
Real property In the City of Temecula, County of Rlverslde, State of California, described as follows:
PARCEL 1: (APN: 916-400-051, 916400-052 ANY 916-400-053) PARCELS 15, 16 AND 37, A5 5HOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILEDAl1GUST 20, 2015, 1N BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY
RECDRDS-
PARCEL 11: (APN: 916-400.067, 916-400-063, AND A PORTION OF 916-400'066) PARCEL 6 AS SHDWN ON LOT DIVE ADJUSTMENT NO. LD21-0023, A5 MDENCED BY DOCUMENT RECORDED )UNE 10, 2021 AS INSTRUMENT NO. 2071-0351953 OF DFF7CiAL RECORDS,
EXHIBIT "A"
Meritage Property
DEPICTION
Gty of �Temecula
Community Development
41000 Main Street - Temecula, CA 92590
Phone (951) 694-6400 - Fax (951) 694-6477 • TemeculaCA.gov
VIA -ELECTRONIC SUBMITTAL
CEQAProces sina(& asrclkrec. com
July 9, 2025
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Planning Application No. PA25-0016, a Third Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan.
Dear Sir/Madam:
Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.
Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below.
If you have any questions regarding this matter, please contact Scott Cooper at (951) 506-5137 or at email scott.cooper(a,TemeculaCA.gov.
Sincerely,
Matt Peters
Director of Community Development
Attachments: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt
City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Winchester Hills Development Agreement Third Amendment Description of Project: Third Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property
Project Location: East of Interstate 15 (I-15), west of Ynez Road, north of State Route 79 (SR-79), and south of Temecula Center Drive within portions of Planning Area 12 of the Harveston Specific Plan Area
Applicant/Proponent: City of Temecula, County of Riverside The City Council approved the above described project on July 8, 2025 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended.
Exempt Status: (check one)
❑
Ministerial (Section 21080(b)(1); Section 15268);
❑
Declared Emergency (Section 21080(b)(3); Section 15269(a)); ❑
Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); ❑
Statutory Exemptions (Section Number: )
❑
Categorical Exemption: (Section Number)
®
Other: Section 15061 (b)(3) General Rule Exemption
Statement of Reasons Supporting the Finding that the Project is Exempt:
The Ordinance, which approves the Third Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment. The adoption of the Ordinance repeals the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA.
Contact Person/Title: Scott Cooper, Senior Planner
Signature:
Matt Peters
Director of Community Development
Phone Number: (951) 506-5137
Date:
Notice of Public Hearing
THE CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below.
Case No.: PA25-0016
Applicant: Winchester Hills I LLC a California Limited Liability Company Location: Portions of Planning Area 12 of the Harveston Specific Plan Proposal: An ordinance of the City Council of the City of Temecula approving a Third Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan.
Environmental Action: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)) as it can be seen with certainty that there will be no effect on the environment because the Second Amendment will reduce the term of the Development Agreement rather than lengthening it.
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: July 8, 2025
TIME OF HEARING: 3:00 PM
Project Site o�
� �Qc�rrYaR _
ry
.�
0 200 400 Feet ••� -��lG
I i 1 GO\)
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.
Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.
The proposed project application may be viewed at the public information counter, Temecula Civic Center, Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Scott Cooper, City of Temecula, Community Development Department, (951) 506-5137.
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: July 8, 2025
SUBJECT: Adopt Resolution to Approve the Solid Waste and Recycling Rates for Commercial Customers for Fiscal Year 2025-26
PREPARED BY: Rebecca Kiser, Management Assistant
RECOMMENDATION: That the City Council conduct a public hearing and adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO APPROVE THE SOLID WASTE AND
RECYCLING RATES FOR COMMERCIAL CUSTOMERS FOR
FISCAL YEAR 2025-26
BACKGROUND: On May 13, 2025, the Public Works Department requested the City Council to Set the Public Hearing to Adopt a Resolution to Approve Solid Waste and Recycling Rates for Commercial Customers for Fiscal Year 2025-26. On or before May 23, 2025, the City mailed notices to all affected business and/or commercial customers in the City with regards to the proposed rate increase for refuse collection and recycling services. At this time, the forty-five (45) day public hearing notice has concluded without a majority protest.
In accordance with the Franchise Agreement between the City of Temecula and CR&R Incorporated stipulates the conditions upon which rates may be adjusted on an annual basis. Per the agreement, these rates shall be adjusted each July 1st to reflect the changes in various applicable indices. The commercial rates are due to adjust for fiscal year 2025-26, to include a 2.01% increase due to change in CPI, and a 2.88%, or $1.43 per ton increase in the landfill disposal rates.
Commercial rates vary based on the bin size and frequency of collection. A comparison of the current and proposed rates is provided in the attached Exhibit A — Proposed Rates effective July 1, 2025.
Staff recommends the City Council adopt the resolution and approve the Solid Waste and Recycling Rates for Commercial Customers, effective July 1, 2025.
FISCAL IMPACT: Solid Waste and Recycling services for Commercial Customers are paid for directly by the property owner or business owner receiving services. No additional costs will be incurred by the City of Temecula.
ATTACHMENTS: 1. Resolution
2. Exhibit A — Proposed Rates effective July 1, 2025
3. Notice of Public Hearing
RESOLUTION NO.2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA TO APPROVE THE SOLID WASTE AND
RECYCLING RATES FOR COMMERCIAL CUSTOMERS
FOR FISCAL YEAR 2025-26
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council does find, determine and declare that:
(a) The City of Temecula and CR&R Incorporated entered into an exclusive solid waste Franchise Agreement on May 28, 1991, as amended on August 27,1996, June 24, 1997, July 25, 2000, June 13, 2006, October 27, 2015, November 28, 2017, and September 27, 2022, for the collection, transportation, recycling, composting and disposal of solid waste and construction debris and for providing temporary bin/roll off services in the City. (b) Pursuant to the Franchise Agreement it specifically provides for rate adjustments which may be adjusted on an annual basis, and they shall be adjusted each July I", based on certain criteria, and subject to the Consumer Price Index (CPI), and changes to the County of Riverside landfill tipping fees, and any extraordinary costs which may be as a result of State mandated programs.
(c) According to the Bureau of Labor Statistics for January 2024 through December 2024, the designated CPI has increased by 2.01%. (d) The County of Riverside's Waste Management Department will adjust their landfill disposal rate by 2.88%, or $1.43 per ton.
(e) The City Council of the City of Temecula held a duly noticed public hearing on July 8, 2025, on the proposed solid waste and recycling rates for commercial customers for fiscal year 2025-26.
(f) The City Clerk published said notice of the time and place of the hearing pursuant to Government Code Section 6066 in the manner required by law. (g) Each affected commercial customer and commercial property owner in the City of Temecula was mailed notice of the proposed rate increase in the manner provided by law at least forty-five (45) days prior to the public hearing set on July 8, 2025. (h) At the public hearing, the City Council heard and considered any/all public comments, objections, or protests related to the proposed commercial rates. (i) Revenues derived from the proposed commercial rates shall not exceed the funds required to provide the property related service.
(j) Revenues derived from the proposed commercial rates shall not be used for any purpose other than that for which the proposed commercial rates are imposed. (k) The amount of the proposed commercial rates do not exceed the proportional cost of the service attributable to the parcel. (1) The proposed commercial rates are being imposed for a service that is actually used by, or immediately available to, the owner of the properties in question. (m) All legal requirements for the adoption of the maximum rates for commercial solid waste collection, including without limitation, Section 1, Section 6 of Article XIII D of the California Constitution, Assessment And Property -Related Fee Reform, have been fulfilled.
Section 2. The City Council hereby overrules all protests and objections to the proposed commercial rate increases.
Section 3. The City Council hereby approves the maximum rates for commercial solid waste collection set forth on Exhibit A, "City of Temecula — Proposed Rates Effective July 1, 2025," attached hereto and incorporated herein by this reference as though set forth in full.
Section 4. The City Clerk shall certify to the passage and adoption of the Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8t" day of July, 2025.
ATTEST:
Randi Johl, City Clerk
[SEAL]
Brendan Kalfus, Mayor
2 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. 2025- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of July, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Comme,reia1. industrial, and mu fti-fiaml IV
Proposed Rate
Current Rate
2 cubic yard refuse bin
1 x week
$
143-46
14-0.51
2 x week
285.3E
$
279.50
3 x week
$
427.24
5 418.44
4 x week
569.14
557.41
5 x week
$
711.04
696.38
6 x week
$
852.92
835-33
7 x week
994.92
5 974.31
Compacted 2 Cubic Yard monthly rate;
2.5 x monthly rate
3 cubic yard refuse bin
1 x week
163.28
160.05
2 x week
S
324.99
328.55
3 x week
$
486.74
$
477-N
d x week
648.45
$
635-59
5 x week
$
810.10
S
794,04
6 x week
$
971.92
952-55
7 x Week
$
11133.56
1,111.008
Compacted 3 Cubic Yard monthly-.
2,5 K monthly rate
3 cubic yard recycling bin
1 x week
70.54 69,15
2 x week
141.06
S
138.2E
3 x week
$
211.59
S
207.42
4 x week
5 292.10
S
27&54
S x week
$
352.57
S
345-62
is x week
$
423.13
414.79
7 x week
493.61
493.89
4 cubic yard refuse biri
1 x week
183.13
$
179-62
2 x week
364.74
357-74
3 x week
S
546.33
535.84
4 x week
5 727.94
5 713-96
5 x week
S
9.52 5
892-05
6 x week
S
11091.10
$
1,070.14
7 x week
1,272.71
5 1,248.26
Compacted 4 Cobic Yard month IV rate,
2.5 x monthly rate
4 cubes yard recycling Nn
1 x week
$
93.16 2 x week
$
186.80
$
183,12
3 x week
$
280.14
274,62
4 x week
$
373.54
366-18
5 x week
466:92
4�712
6 it week
560.12
549-29
7 x week
S
653.66
640.78
96•gallnn recycling car;
1 x week
62.97 S
61.73 Commercial Qrganic AD Rates
proposed Rate
Current Rate
Nofl-fend 2•yarcil bin
1 x week
182.42
178.05
2 x week
$
363.57
5 354.94
City of Temecula
Proposed Rates Effective July 1, 2025
3 x week
$
544.73
$
531.65
4 x week
$
725.88
$
708.45
5 x week
$
907.05
$
885.27
6 x week
$
1,088.20
$
1,062.06
7 x week
$
1,269.36
$
1,238.87
Food 2-yard bin
1 x week
$
271.61
$
264.74
2 x week
$
541.97
$
528.25
3 x week
$
812.32
$
791.75
4 x week
$
1,082.65
$
1,OS5.23
5 x week
$
1,353.03
$
1,318.76
6 x week
$
1,623.36
$
1,582.24
7 x week
$
1,893.71
$
1,845.74
Non-food 3-yard bin
1 x week
$
240.93
$
235.03
2 x week
$
480.68
$
468.89
3 x week
$
720.35
$
702.68
4 x week
$
960.06
$
936.51
5 x week
$
1,199.71
$
1,170.27
6 x week
$
1,439.42
$
1,404.10
7 x week
$
1,679.14
$
1,637.94
Non-food 64-gallon cart
1 x week
$
49.79 $
48.67 2 x week
$
99.56 $
97.33 3 x week
$
149.36
$
146.01
4 x week
$
199.13
$
194.66
5 x week
$
248.93
$
243.34
6 x week
$
298.73
$
292.02
Extra pickup
$
36.86 $
35.83 Food 64-gallon cart
1 x week
$
67.30 $
65.69 2 x week
$
134.60
$
131.39
3 x week
$
201.88
$
197.06
4 x week
$
269.20
$
262.77
5 x week
$
336.50
$
328.46
6 x week
$
403.83
$
394.18
Extra pickup
$
49.60 $
48.21 Commercial Additonal Services:
Commercial Bin Delivery Fee
per container
$
62.04 $
60.82 Rollff False Run Fee
per incident
$
91.50 $
89.70 Commercial Stinger Fee
per bin, per pickup
$
36.05 $
35.34 Locking Bin Fee
per bin, per month
$
31.30 $
30.68 E-Waste Pick up:
no charge
no charge
"Hard to service" vehicle usage rate:
no charge
no charge
"Hard to service" bin moving rate:
no charge
no charge
Special bin lids (locking/CBL) rate:
no charge
no charge
Deodorizing / replacing bin rate:
no charge
no charge
Recycle Bin Contamination
$
62.60 $
61.37 Redeliver and reinstatement rate:
per occurrence
$
27.33 $
26.71 Temporary Services
Temporary 3 cubic yard bin rate:
$
144.94
$
141.97
Extra Temporary or Regular Service pick up per pickup
$
83.24 $
81.14 (Includes all bin sizes 2, 3 and 4 yards)
Commercial and Rolloff Setup Fee
Commercial and Rolloff Setup Fee
$
62.69 $
61.45 Redeliver and reinstatement rate:
per occurrence
$
48.73 $
47.77 Roll -off Delivery Fee:
per rolloff
$
87.88 $
86.15 Roll -off disposal rate:
$
312.97
$
306.80
Roll -off recycling rate:
plus market value
$
312.97
$
306.80
Roll -off compactor rate:
$
435.75
$
427.16
Roll -off recycling compactor rate:
plus market value
$
435.75
$
427.16
City of Temecula
Proposed Rates Effective July 1, 2025
MRF Fee: perton $ 64.79 $ 63.51
C&D Fee: perton $ 64.79 $ 63.51
Inert Disposal: per load $ 167.15 $ 163.86
AD Fee: perton $ 102.13 $ 100.12
City of Temecula
Proposed Rates Effective July 1, 2025
Residential single family
Proposed Rate
Current Rate
Monthly Rate (without Extraordinary Recycling Fee)
5 27.33
$
26.71 Monthly AD Rate
$
2.67 $
2.60 Extraordinary Recycling Fee
$
0.54 $
0.54 Additional services:
Additional refuse, recycling and compoting container
$
13.22 $
12.82 Additional bulky item collection per item
$
15.23 $
14.80 Extra Food Waste Pail, each
$
9.21 $
9.03 Scheduled Extra Green Waste pick up (up to 10
bags), per pick up:
$
10.00 $
10.00 Non -Scheduled Extra Green Waste pick up (up to 10 bags), per pick up:
$
25.00 $
25.00 Commercial. industrial, and multi -family
Proposed Rate
Current Rate
2 cubic yard refuse bin
1 x week
$
143.46
$
140.51
2 x week
$
285.38
$
279.50
3 x week
$
427.24
$
418.44
4 x week
$
569.14
$
557.41
5 x week
$
711.04
$
696.38
6 x week
$
852.92
$
835.33
7 x week
$
994.82
$
974.31
Compacted 2 Cubic Yard monthly rate:
2.5 x monthly rate
3 cubic yard refuse bin
1 x week
$
163.28
$
160.05
2 x week
$
324.99
$
318.55
3 x week
$
486.74
$
477.09
4 x week
$
648.45
$
635.59
5 x week
$
810.10
$
794.04
6 x week
$
971.82
$
952.55
7xweek
$
1,133.56
$
1,111.08
Compacted 3 Cubic Yard monthly:
2.5 x monthly rate
3 cubic yard recycling bin
1 x week
$
70.54 $
69.15 2 x week
$
141.06
$
138.28
3 x week
$
211.59
$
207.42
4 x week
$
282.10
$
276.54
5 x week
$
352.57
$
345.62
6 x week
$
423.13
$
414.79
7 x week
$
493.61
$
483.88
4 cubic yard refuse bin
1 x week
$
183.13
$
179.62
2 x week
$
364.74
$
357.74
3 x week
$
546.33
$
535.84
4 x week
$
727.94
$
713.96
5 x week
$
909.52
$
892.05
6 x week
$
1,091.10
$
1,070.14
7 x week
$
1,272.71
$
1,248.26
Compacted 4 Cubic Yard monthly rate:
2.5 x monthly rate
4 cubic yard recycling bin
1 x week
$
93.36 $
91.52 2 x week
$
186.80
$
183.12
3 x week
$
280.14
$
274.62
4 x week
$
373.54
$
366.18
5 x week
$
466.92
$
457.72
6 x week
$
560.32
$
549.28
7 x week
$
653.66
$
640.78
96-gallon recycling cart
1 x week
$
62.97 $
61.73 Commercial Organic AD Rates
Proposed Rate
Current Rate
Non-food 2-yard bin
1 x week
$
182.42
$
178.05
2 x week
$
363.57
$
354.84
City of Temecula
Proposed Rates Effective July 1, 2025
MRF Fee:
perton
$
64.79 $
63.51 C&D Fee:
per ton
$
64.79 $
63.51 Inert Disposal:
per load
$
167.15
$
163.86
AD Fee:
per ton
$
102.13
$
100.12
CITY OF TEMECULA
NOTICE OF PUBLIC HEARING IN CONNECTION WITH A PROPOSED INCREASE TO THE
CITY OF TEMECULA SOLID WASTE AND RECYCLING RATES
FOR COMMERCIAL, INDUSTRIAL, AND MULTI -FAMILY RESIDENTIAL CUSTOMERS NOTICE IS HEREBY GIVEN that on Tuesday, July 8, 2025 at 6:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Temecula will hold a public hearing to consider increasing the monthly charges for solid waste and recycling collection services for commercial, industrial, and multi -family residential customers ("Charges"). The public hearing will be held in the City Hall Council Chambers, 41000 Main Street, Temecula, California, 92590.
INFORMATION ABOUT THE CHARGES
Reason for the Charges and basis upon which the Charges are calculated- The City Council has previously determined that the collection of solid waste and recyclables in the City is a service to be performed by a private company under an exclusive franchise agreement. The City and CR&R Incorporated ("CR&R") have previously entered into a franchise agreement, as amended ("Franchise Agreement"), under which CR&R provides trash, recycling, organic waste and roll off box collection services "(Solid Waste Services") to commercial, industrial, and multi -family residential customers. The Charges represent the amount that the City has negotiated with CR&R as the maximum amount CR&R may charge to provide Solid Waste Services.
Proposed Increase- CR&R has requested an increase in the Charges for trash, recycling, organic waste and roll off box collection services. The proposed increase represents the increased cost of trash, recycling, organic waste, and roll -off box collection services as negotiated with CR&R. The Franchise Agreement authorizes automatic Consumer Price Index (CPI) and landfill tipping fee adjustments to the Charges to account for inflation and increases in the Riverside County landfill disposal fees (the CPI has increased by 2.01 % and the County landfill disposal rates have increased by 2.88% for FY 2025-2026). The monthly Charges vary based on bin size, type of container, and frequency of collection. If approved, the proposed increase will become effective July 1, 2025. The Charges as proposed to be increased are shown on the exhibit to this Notice.
PUBLIC HEARING AND PROTEST PROCESS
At the public hearing, the City Council will hear and consider all objections or protests to the proposed increases to the Charges. Any owner of a parcel subject to the Charges and any tenant who is directly liable to pay the Charges (each, a "customer") may submit a written protest against the proposed increase. If a parcel has more than one customer, only one written protest per parcel, filed by the owner or tenant of the parcel, will be counted in determining the existence of a majority protest. A majority protest against the proposed increase will exist if at the end of the public hearing, there are written protests submitted (and not withdrawn) by a majority of the customers. The City Council cannot adopt the proposed increase if a majority protest exists.
To be counted in determining the existence of a majority protest against the proposed increase, a written protest must (1) identify the parcel subject to the Charges (by assessor's parcel number or street address), (2) identify the customer (property owner or tenant) submitting the protest, (3) state opposition to the proposed increase, and (4) include the signature of the person submitting the written protest.
Written protests may be mailed or personally delivered to the City Clerk at City Hall, 41000 Main Street, Temecula, California, 92590. Written protests which are mailed to the City Clerk must arrive at City Hall prior to 5:00 pm on July 8, 2025, to be counted. Written protests which are delivered to the City Clerk must be delivered to the City Clerk prior to the close of the public hearing on July 8, 2025. You may contact the City Clerk at (951) 694-6444 to make arrangements for the personal delivery of the written protest.
QUESTIONS AND ASSISTANCE
For general questions of if you need assistance determining the Charge for your property, you may contact CR&R at Toll Free (800) 755-8112; Tel (951) 943-1991; Fax (951) 657-5493, or on-line at Contact Us - CR&R Environmental Services (crrwasteservices.com), or contact the Public Works Department. The Public Works Department is located at City Hall, 41000 Main Street, Temecula California, 92590 Tel (951) 694-6411. Thank you for taking the time to review this information and we are looking forward to serving you.
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From: Aaron Adams
Sent: Wednesday, July 9, 2025 12:48 PM
To: Robert Clare
Cc: Kevin Hawkins; Luke Watson; Betsy Lowrey; Randi Johl; Matt Peters; Brandon Rabidou Subject: RE: Noise levels in Old Town Temecula
Good afternoon Mr. Clare and thank you for your email. We appreciate you sharing your concerns and I wanted to acknowledge, I will also share your email with the Mayor and City Council for their information.
Regards,
-----Original Message -----
From: Robert Clare
Subject: Noise levels in Old Town Temecula
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Mr Adams,
There was a recent article in the Patch about the cancellation of live music at Baily's. We tried to have a nice birthday dinner there about 2 years ago. However, the music from the live band (already *very* loud outside) was piped into the restaurant at levels that were so high that the server was unable to hear our orders. We left, and could hear the live music a couple of blocks away. We used to enjoy going to Old Town Temecula, but since that experience, we have not returned. The atmosphere is no longer the save as it used to be. I am not against live music, but it should still allow a decent conversation to be held. It should not be so loud that dinner can't be consumed without getting a headache.
I laud the city's efforts to keep the sound level down. I might try going back to Old Town now that it should be a bit quieter without Baily's extremely loud music.
Thank you for your ongoing efforts.
From:
Shanice Cotton <
Sent:
Tuesday, July 8, 2025 2:48 PM
To:
Council Comments
Subject:
Public comment
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I would like to address how the city is choosing to handle noise levels for businesses in old Town.
Places like Baily's have been victims of the predator like behavior from the city, enforcers, and new residents. This is a venue that has been in business and active for many years and has always worked with the city to find solutions and to also appeal to the community. This has been a ground for gatherings and people specifically go there for or call to inquire about entertainment.
They adhere to ending live music at 10pm, and advise bands and musicians about the levels they must abide by.
I recommend the city begin helping businesses achieve the goal so they are able to keep live entertainment going. The loss of outdoor venue spaces is a loss of revenue, employment, and tourism.
This is a city that thrives on all of those aspects and i think the city should want that as well.
I see that they can't attack wine country because some parts are unincorporated, but people are inquiring about why old Town is being targeted while they are not. I think they need to be justified in saying that old town has different standards, when in actuality they could be very similar if changes are made.
I also see it as very deceitful for city officials like the mayor to visit these places if he represents a city who is trying to silence them in the background.
Shanice Cotton
Employee in old Town Temecula
From: Aaron Adams
Sent: Wednesday, July 9, 2025 7:33 AM
To: Nancy Eberhardt
Cc: Randi Johl; Kevin Hawkins; Luke Watson; Matt Peters; Brandon Rabidou; Betsy Lowrey Subject: RE: Noise Levels in Old Town
Good morning and thank you Ms Eberhardt for your email. I wanted to acknowledge receipt and I will share with the Mayor and City Council/Clerk for their information.
Regards,
Aaron Adams
City Manager
City of Temecula
(951)694-6419
aaron.adams(cDTemeculaCA.gov
TemeculaCA.gov
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From: Nancy Eberhardt
Subject: Noise Levels in Old Town
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Although I am very much in favor of Live Music and enjoy most any music, the level of sound coming from various establishments in the Old Town Temecula is obnoxious and not enjoyable for those dining or meandering around shops. I feel sorry for the residents living close by.
A recent article in the Patch requested we email you in favor of allowing live music to continue. By all means, live music is great. But the competing wailing and screaming at high decibels is not. We dined at Baileys about two years ago for what we thought would be a nice birthday party. We were inside but could not hear each other speak. We left and walked a few blocks down the street and could still hear the music. We vowed never to return to this restaurant and never have.
Maybe Temecula should invest in an entertainment center where it would be more appropriate for concerts of this type that would allow those who want to rock out to enjoy themselves away from an area clearly established for dining and shopping.
Thank you for your consideration.
Sent from my Verizon, Samsung Galaxy smartphone
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From: Randi Johl
Sent: Tuesday, July 8, 2025 2:35 PM
To: All Council Members
Cc: Aaron Adams; Kevin Hawkins; Luke Watson; Matt Peters Subject: FW: Public Comment — Live Music & Noise Ordinance - July 8th Fyi -
Randi Johl, JD, MMC, CDE
Legislative Director / City Clerk
(951)694-6421
rand i.'oh I(a-)temeculaca.gov
41000 Main St, Temecula, CA 92590
x
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From: Joanna Pearl
Subject: Public Comment — Live Music & Noise Ordinance - July 8th CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Mayor Schwank, Council Members, and City Clerk,
My name is Joanna Pearl and I am a Temecula resident and local musician/community advocate, as well as the President of the non-profit, Make Music Temecula. I am writing to share my support for live music in our community and to highlight why it is essential to preserve live music while finding balanced solutions regarding noise concerns.
Why live music matters to Temecula:
Live music drives foot traffic to local businesses, helping our restaurants, wineries, breweries, and shops stay afloat.
It attracts tourism, strengthening our local economy.
It builds community, providing safe, joyful spaces for neighbors and families to connect.
Personal impact:
As a local musician, I've seen firsthand how live music brings people together and helps businesses thrive. It also provides artists with a way to share their gifts and sustain themselves through their craft Locally and more often than not, globally as demonstrated by acts like Olivia Rodrigo, Tori Kelly, Makayla Phillips, Kodi Lee, Temecula Road, The Brewer Boys, and soon Joanna Pearl.
Acknowledging concerns while proposing solutions:
I understand concerns about noise and agree that we should be respectful of our neighborhoods.
However, I believe we can find reasonable solutions rather than shutting down live music entirely, such as:
Setting reasonable decibel limits during specific hours.
Exploring sound mitigation options, like directional speakers or acoustic panels.
Creating a permitting system with clear guidelines instead of blanket bans and possibly revisiting zoning.
In Closing:
I encourage the Council to work with musicians, businesses, and residents to find a balanced solution that keeps our community vibrant while respecting our neighbors. Thank you for your time and for considering the voices of your residents on this important matter. I'd be happy to help in discussions to find a fair path forward.
Warm regards,
Joanna Pearl
oanna(@makemusictemecuLa.org