Agenda packet — Wildomar City Council, June 14, 2023 (part 6 of 6)

Wildomar Cemetery District Operations Revenue $ 762,500 Wildomar Cemetery District Operations Expenses 1,164,900 Wildomar Cemetery District Endowment Fund Revenue 63,000 Wildomar Cemetery District Capital Improvement Plan Revenue 100,000 Wildomar Cemetery District Capital Improvement Plan Expenses 82,000 NOW, THEREFORE, BE IT RESOLVED that the Wildomar Cemetery District has reviewed the Fiscal Years 2023-24 and 2024-25 Budgets as specified in the Staff Report and the Fiscal Years 2023-24 and 2024-25 Budgets are hereby adopted.

PASSED, APPROVED, AND ADOPTED this 14th day of June, 2023. 1164

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.2
Meeting Date: June 14, 2023
SUBJECT: 5-Year Capital Improvement Program (FY 2023/24 - 2027/28) SUBMITTED BY: Jason Farag
PREPARED BY: Jason Farag
ACTION:

Adopt the Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28.

SUMMARY:

The Five-Year Capital Improvement Program (CIP) Booklet identifies the proposed projects that have been budgeted for planning, design, and/or construction in the current 5-Year program. The program is updated and presented to City Council each fiscal year.

BACKGROUND:

In association with the two-year budget cycle, staff prepares an updated Five-Year Capital Improvement Program (CIP) each year for consideration and adoption by the City Council.

The proposed program includes proposed project budgets for Fiscal Year 23/24 and 24/25, as well as projected budgets for Fiscal Years 25/26, 26/27, and 27/28.

DISCUSSION:

Below is a summary of the proposed program for Fiscal Years 23/24 through 27/28:
43 projects in 9 project categories
Total Estimated Project Costs = $163,359,997
Adopted Project Budget for FY 23/24 = $30,148,800
Note: This total includes an unfunded amount of $4,221,927. Staff has applied for grant funding for unfunded projects and is awaiting final confirmation of funding availability. Assuming funds become available, the projects have been budgeted for this upcoming fiscal year. If funds do not become available, schedules and budgets will be adjusted accordingly.

Projected Total Project Budget for FY 24/25 = $55,094,000 Note: This total includes an unfunded amount of $33,410,051. Staff has applied for grant funding for unfunded projects and is awaiting final confirmation of funding availability. The projects have been scheduled and budgeted assuming funds 1165
become available. If funds do not become available, schedules and budgets will be adjusted accordingly.

The Five-Year CIP Booklet is a planning document. Several factors affect estimated funding sources and scheduling. Therefore, staff reviews and updates project costs regularly and updates the program booklet annually. The Five-Year CIP Booklet (Booklet) is included as Attachment A, and a summary of Projects by Category with funding for the five-year program is shown in Appendix A of the Booklet. On May 3, 2023, the Planning Commission adopted Resolution 2023-14 determining that the Fiscal Year 23/24 CIP projects of the Five-Year CIP are in conformance with the City of Wildomar's General Plan.

FISCAL IMPACT:

Projects contained in the program rely on funding from 17 separate fund sources. A summary of funding sources and amounts for FY 23/24 and 24/25 is contained in Table 1 (Page 1) of the Booklet. The budgets shown in the Booklet are included in the FY 23/24 City budget.

Projects in the CIP do not make use of the General Fund. Therefore, there is no additional impact to the City's General Fund.

ATTACHMENTS:

A - 5-Year CIP Booklet (FY 23/24 through FY 27/28)
Presentation - 5-Year CIP
1166
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

CAPITAL IMPROVEMENT PROGRAM

CITY OF

WILDOMAR
DRAFT: JUNE 14, 2023
FY 2023-24 THROUGH FY 2027-28
23873 CLINTON KEITH RD., SUITE 110, WILDOMAR, CA 92595
951-677-7751 | www.cityofwildomar.org
1167
1168

CAPITAL IMPROVEMENT PROGRAM
FY 2023-24 through FY 2027-28
Joseph Morabito, Mayor, Dist. 3
Bridgette Moore, Mayor Pro Tem, Dist. 4
Ashlee DePhillippo, Council Member, Dist. 5
Dustin Nigg, Council Member, Dist. 2
Carlos Marquez, Council Member, Dist. 1
Daniel A. York
City Manager
Plan Prepared By:

City of Wildomar
Public Works/Engineering Department
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
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CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

TABLE OF CONTENTS
Introduction and Summary ........................................................................................... 1 Program Funding....................................................................................................... 2 Program Summary ..................................................................................................... 3 Projects Completed to Date .......................................................................................... 6 Program Project Detail Sheets ........................................................................................ 8 Future Projects Not Yet Budgeted or Scheduled ................................................................... 8 Appendix A Capital Improvement Program by Category with Funding ..................................... 13 Appendix B Program Project Detail Sheets ...................................................................... 20 Appendix C Future Projects Not Yet Budgeted or Scheduled................................................. 64

SUMMARY OF TABLES
Table 1 - Program Funding for FY 2023-24 and 2024-25.......................................................... 6 Table 2 - FY 2023-24 and 2024-25 Budget by Project Category.................................................. 7 Table 3 - Transportation (Roads) Projects Category Summary ................................................... 7 Table 4 - Transportation (Signals) Projects Category Summary .................................................. 8 Table 5 - Transportation (Maintenance) Project Category Summary............................................. 8 Table 6 - Drainage Projects Category Summary .................................................................... 8 Table 7 - Trail Projects Category Summary ......................................................................... 8 Table 8 - Park Projects Category Summary ......................................................................... 9 Table 9 - Building Projects Category Summary ..................................................................... 9 Table 10 - Cemetery Projects Category Summary.................................................................. 9 Table 11 - Other Projects Category Summary ...................................................................... 9 Table 12 - Completed Project Summary............................................................................10 Table 13 - Modified Projects.........................................................................................11 Table 14 - Future DIF Projects (Streets).............................................................................65 Table 15 - Future DIF Projects (Intersections)......................................................................66 Table 16 - Future DIF Projects (Bridges) ............................................................................67 Table 17 - Future DIF Projects (Traffic Signal Improvements)....................................................67 Table 18 - Future DIF Projects (Drainage) ..........................................................................69 Table 19 - Future DIF Projects (Trails)...............................................................................70 Table 20 - Future DIF Projects (Police and Fire Department).....................................................72 Table 21 - Future DIF Projects (Parks)...............................................................................72 Table 22 - Future DIF Projects (Municipal Facilities)...............................................................72 1170
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

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INTRODUCTION AND SUMMARY
This document presents the City of Wildomar Capital Improvement Program (CIP) for Fiscal Years 2023-24 through 2027-28. The program proposes projects in nine project categories: Transportation - Roads, Transportation - Signals, Transportation - Maintenance, Drainage, Parks, Trails, Buildings, Cemetery, and Other. Project funding is provided by a variety of funding sources. A list of the funding sources for FY 2023-24 and 2024-25 is included in Table 1 below.

The CIP will be updated each year and presented to City Council for consideration. The capital improvements listed in the CIP are the expenditures of public funds over and above the City’s annual operating expenditures.

The multi-year CIP includes forecasts of anticipated capital improvement expenditures. The expenditures shown for Fiscal Years 2023-24 comprise the adopted Capital Budget for the remainder of the current budget cycle. Subsequent years are included but are subject to change due to additional analysis, changes in priorities, updates to available revenue, or changes in costs.

The CIP information is based on the best information available at the time. An updated five-year CIP will be submitted to the City Council for consideration each year with recommended adjustments.

Financial information included is based on 2023 dollars. 1171
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

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PROGRAM FUNDING
Table 1 is a summary of the funding sources for the adopted 2023-24 fiscal year budget and the projected 2024-25 fiscal year budget.

Table 1 - Program Funding for FY 2023-24 and 2024-25
Fund Source FY 23/24 FY 24/25
100 - General Fund $ - $ -
115 - ARPA $275,000 $275,000
120 - Measure AA $4,430,750 $1,050,000
200 - Gas Tax $ - $ -
201 - Measure A $799,546 $783,750
203 - Transportation Development Act (TDA, SB 821) $432,500 $381,325 210 - Air Quality Management District (AQMD) $45,000 $ - 251 - Landscape and Lighting Maintenance District (LLMD) $385,000 $ - 255 - Measure Z $ - $ -
260-269 - Community Facilities District (CFD) $ - $ -
281 - SLESF $ - $ -
282 - Community Development Block Grant (CDBG) $ - $125,000 283 - PEG Grant $ - $ -
302 - Cemetery CIP $700,000 $82,000
410-490 - Development Impact Fees (DIF) $3,562,745 $9,063,962 500 - Road Repair and Accountability Act (SB 1) $2,058,954 $1,800,000 501 - Capital Reinvestment $ - $ -
502 - Riverside County Flood Control (RCFC) $ - $87,500 503 - Transportation Uniform Mitigation Fee (TUMF) $12,564,278 $6,581,412 504 - Congestion Mitigation and Air Quality (CMAQ) $ - $ - 505 - Mobile Source Air Pollution Reduction Review
Committee (MSRC)
$25,000 $ -
506 - Highway Safety Improvement Program (HSIP) $648,100 $ - 507 - Misc. State Funds $ - $1,454,000
508 - Local Capital Grants (SCAG, Misc.) $ - $ -
Unfunded/Developer/Cash-in-Lieu/Other $4,221,927 $33,410,051 Total $30,148,800 $55,094,000
A summary of the project funding by project category for the adopted 2023-24 fiscal year budget and the projected 2024-25 fiscal year budget is provided in Table 2. 1172
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Table 2 - FY 2023-24 and 2024-25 Budget by Project Category Project Category FY 23/24 FY 24/25 Two-Year Budget
Buildings $2,540,000 $125,000 $2,665,000
Cemetery $700,000 $82,000 $782,000
Drainage $1,361,200 $860,000 $2,221,200
Other $100,000 $100,000 $200,000
Parks $628,000 $275,000 $903,000
Trails $240,000 $760,000 $1,000,000
Trans. (Maint.) $5,475,000 $1,500,000 $6,975,000
Trans. (Roads) $18,204,000 $51,275,000 $69,479,000
Trans. (Signals) $900,600 $117,000 $1,017,600
Total $30,148,800 $55,094,000 $85,242,800

PROGRAM SUMMARY
A summary of proposed projects by category for the entire 5-Year Capital Improvement Program is included in Table 3 through Table 11. A program summary by category that includes funding is presented in Appendix A.

Table 3 - Transportation (Roads) Projects Category Summary Project
No. Project Title Project Category
025-1 Clinton Keith Rd. Widening (Phase 1) Trans. (Roads) 026-1 Bundy Canyon Rd. Improvement Project (Segment 1) Trans. (Roads) 026-2 Bundy Canyon Rd. Improvement Project (Segment 2) Trans. (Roads) 026-3 Bundy Canyon Rd. Improvement Project (Segment 3) Trans. (Roads) 028-2 Palomar St. Widening Project (Phase 2) Trans. (Roads) 028-3 Palomar St. Widening Project (Phase 3) Trans. (Roads) 044-3 Mission Trail/Sedco Sidewalk (CDBG) (Phase 3) Trans. (Roads) 051-2 Local Road Safety Plan (LRSP) Implementation Trans. (Roads) 066 Right-of-Way Enhancement Program Trans. (Roads)
070 Bundy Canyon Rd./I-15 Interchange Trans. (Roads)
074 Wildomar Trail/I-15 Interchange Trans. (Roads)
081 Grand Ave./Sheila Ln. Roundabout Trans. (Roads)
087 Lost Rd. Improvements Trans. (Roads)
090 Bundy Canyon Rd. West - Widening & ATP
Improvements
Trans. (Roads)
096 Sedco Boulevard Roadway Safety Improvements
Project
Trans. (Roads)
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Table 4 - Transportation (Signals) Projects Category Summary Project
No. Project Title Project Category
075 Bundy Canyon Rd./Orchard St. Traffic Signal Trans. (Signals) 076 Bundy Canyon Rd./Almond St. Traffic Signal Trans. (Signals) 088 Harvest Way East/Bundy Canyon Rd. Traffic
Signal
Trans. (Signals)
089 Traffic Signal Retrofits and Upgrades Trans. (Signals) 097 Pedestrian Crosswalk Enhancement Project Trans. (Signals) Table 5 - Transportation (Maintenance) Project Category Summary Project
No. Project Title Project Category
050-1 Pavement Management Program Trans. (Maint.)
057 Pavement Rehabilitation Program Trans. (Maint.)
058 Annual Slurry Seal Program Trans. (Maint.)
Table 6 - Drainage Projects Category Summary
Project
No. Project Title Project Category
023-1 Master Drainage Plan (MDP) Update Drainage
063 Line C Basin and Storm Drain Drainage
069 Miscellaneous Drainage Improvements Drainage
073 Wildomar Channel/McVicar St. Crossing Drainage
086 Sedco MDP Line F-2 Storm Drain Drainage
091 Catch Basin Filter Retrofit Project Drainage
094 RCFC Line G Storm Drain (Stages 1 and 2) Drainage
095 RCFC Murrieta Creek/Wildomar Channel ROW
Impvts.

Drainage
Table 7 - Trail Projects Category Summary
Project
No. Project Title Project Category
043 Wildomar Channel Trail Access Trails
082 Palomar St./Bryant St. Trail Trails
092 Bundy Canyon Rd. Sidewalk and Bike Lanes Trails
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Table 8 - Park Projects Category Summary
Project
No. Project Title Project Category
061 Regency-Heritage Park Rehabilitation Parks
062 New 27 Acre Park Parks
068 New 11 Acre Park Parks
099 20-Acre Passive Park Parks
Table 9 - Building Projects Category Summary
Project
No. Project Title Project Category
080 Fire Station 61 Site Improvements Buildings
093 Wildomar Fire Station #2 (East of I-15) Buildings
098 Interim Field Operations Center Buildings
Table 10 - Cemetery Projects Category Summary
Project
No. Project Title Project Category
067-1 Phase 1 Cemetery Improvements Cemetery
Table 11 - Other Projects Category Summary
Project
No. Project Title Project Category
Admin Capital Improvement Program Administration Other
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PROJECTS COMPLETED TO DATE
A summary of projects that were included in previous editions (FY 19-20 edition and later) of the 5-Year CIP Program but have since been completed is included in Table 12.

Table 12 - Completed Project Summary
Project
No. Project Title Project Category
Completion
Year
023-2 Development Impact Fee Update Trans. (Roads) FY 21/22 028-1 Palomar St. Widening Project
(Phase 1, Environmental)
Trans. (Roads) FY 21/22
039 Line F Storm Drain (Bundy Canyon Rd.) Drainage FY 22/23* 041 Pedestrian Countdown Head and Crosswalk
Enhancement Project
Trans. (Signals) FY 20/21
042 Guardrail Repair and Upgrades Project Trans. (Maint.) FY 20/21 044-2 Mission Trail/Sedco Sidewalk (CDBG) (Phase 2) Trans. (Roads) FY 19/20 051 Systematic Safety Analysis Report Trans. (Roads) FY 20/21 051-1 Local Road Safety Plan (LRSP) Trans. (Roads) FY 22/23 052 Wildomar Trail Signage Trans. (Roads) FY 19/20
054 Wildomar Mobility Plan (Circulation Element
Update and Active Transportation Plan)
Trans. (Roads) FY 20/21
055 City Hall Tenant Improvements
Note: No local funds expended. COVID relief funds
utilized to implement new public lobby.

Buildings FY 20/21
056 Quality Assurance Plan Update Trans. (Roads) FY 19/20 059 Palomar/Clinton Keith Sidewalk, Trail, Bike Lane
Connectivity Project
Trails FY 22/23
067 Cemetery Master Plan Cemetery FY 20/21
053 Park Shade Structures Parks FY 19/20
057-0 Pavement Rehabilitation Program Trans. (Maint.) FY 20/21 057-1 Pavement Rehabilitation Program Trans. (Maint.) FY 21/22 058-0 Annual Slurry Seal Program Trans. (Maint.) FY 21/22 077 Bundy Canyon Rd./Sellers Rd. Traffic Signal Trans. (Signals) FY 22/23* 078 Bundy Canyon Rd./Monte Vista Dr. Traffic Signal Trans. (Signals) FY 22/23* *Project construction is complete, with only close-out remaining. Close-out activities may continue into the subsequent fiscal year, but project is not being individually budgeted and will be closed-out under the parent project, CIP 026-1 (Bundy Canyon Rd. Improvement Project, Segment 1).

In addition to completed projects, some projects have been re-scoped to better coincide with other projects in the 5-Year CIP Program. A summary of these changes is included below to help maintain a history of the project numbers that are no longer in use. 1176
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Table 13 - Modified Projects
Project
No. Project Title Project Status Details New Project Reference Deletion
Year
025-2
Clinton Keith Rd.

Widening (Phase 2) Merged
Merged scope with CIP
025-1. A future Phase 2
project will be needed for
additional widening that
has not yet been planned.

At that time, this project
number may be reused.
025-1 FY 22/23
060 Lemon St. Drainage
Improvements Merged
Paving complete with CIP
057-1. Drainage
improvements to be
complete with CIP 086.
086 FY 21/22
064 Line C Storm Drain Merged Project combined with
Lateral C Basin 063 FY 21/22
065
Bundy Canyon
Rd./Almond St. Safety
Lighting Study
Deleted
Intersection meets signal
warrants. Project upgraded
to a new signal project.
076 FY 21/22
071
Bundy Canyon
Rd./Oak Circle Dr.

Traffic Signal
Merged
Project has been budgeted
and will be constructed with
CIP 026-2.
026-2 FY 22/23
072
Bundy Canyon Rd./The
Farm Rd. Traffic Signal
Modification
Merged
Project has been budgeted
and will be constructed with
CIP 026-2.
026-2 FY 22/23
079 Monte Vista Dr. Street
Improvements Deleted
Improvements will be
constructed by a private
developer conditioned for
the improvements.

N/A FY 22/23
083
Caltrans I-15
Stormwater Mitigation
(EA 1C570, 1E340)
Deleted
These projects are Caltrans
projects, with City CIPs
created to track staff
coordination efforts with
Caltrans. Level of required
staff involvement has been
minimal and remaining
work will be completed
under General Pub project
budgets.

N/A FY 22/23
084
Caltrans I-15 Roadway
Safety Improvements
(EA 1G890)
Deleted N/A FY 22/23
085
Caltrans I-15 ADA
Improvements (EA
1J670)
Deleted N/A FY 22/23
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PROGRAM PROJECT DETAIL SHEETS
For each proposed project in the 5-Year Program, a Project Detail Sheet has been prepared that presents the various project details including:
• Project Title and Location
• Project/CIP No., Department, Category, and Project Manager • Project Initiation Year
• Description of Project
• Project Location and/or Exhibit
• Project Budget and Funding Source(s) by Phase and Year The Project Budget section of the Project Detail Sheet includes the following columns of data:
• Total Project Cost Estimate
o This is the estimate of the total project cost for a given phase for the upcoming 5-Years. • Proposed Budget (for the current two budget years)
o These columns represent the appropriations for the project for the upcoming two-year budget.
• Projected Budget (for the remaining years of the project) o These four columns represent the projected expenditures for the project for the remaining years of the project. Expenditures in the final column may represent projected expenditures in Year 5 of the 5-Year Program or may represent project expenditures beyond Year 5. • Note: The sum of the Proposed Budget and the Projected Budget is the Total Project Cost Estimate.

Project Detail Sheets are included in Appendix B.

FUTURE PROJECTS NOT YET BUDGETED OR SCHEDULED
The City’s Development Impact Fee Study identifies ultimate improvements needed Citywide. On December 15, 2021, the City Council adopted an updated DIF Study (dated December 2, 2021). Projects from that study that remain without budget and without schedule are included in the CIP and are listed in Appendix C.
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APPENDIX A

CAPITAL IMPROVEMENT PROGRAM

BY CATEGORY WITH FUNDING
(appendix continues on next page)
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CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28
CIP No. Project Name Fund Total FY 23/24
Budget FY 24/25 FY 25/26 FY 26/27 FY 27/28+
Transportation - Signals
075 Bundy Canyon Rd./Orchard St. Traffic Signal
450 - DIF Signals 15,000 $ 36,000 $ 410,000 $ - $ - $
076 Bundy Canyon Rd./Almond St. Traffic Signal
450 - DIF Signals 15,000 $ 36,000 $ - $ - $ - $
Unfunded - $ - $ 380,000 $ - $ - $
088 Harvest Way East/Bundy Canyon Rd. Traffic Signal
201 - Measure A 115,000 $ - $ - $ - $ - $
506 - HSIP 272,900 $ - $ - $ - $ - $
089 Traffic Signal Retrofits and Upgrades
201 - Measure A 107,500 $ - $ - $ - $ - $
506 - HSIP 375,200 $ - $ - $ - $ - $
097 Pedestrian Crosswalk Enhancement Project
201 - Measure A - $ 45,000 $ 37,610 $ - $ - $
506 - HSIP - $ - $ 158,490 $ - $ - $
Subtotal - Trans. (Signals) 900,600 $ 117,000 $ 986,100 $ - $ - $ Transportation - Roads
066 Right-of-Way Enhancement Program
120 - Measure AA 100,000 $ - $ - $ - $ - $
201 - Measure A 25,000 $ - $ - $ - $ - $
210 - AQMD 45,000 $ - $ - $ - $ - $
070 Bundy Canyon Rd./I-15 Interchange
503 - TUMF 500,000 $ 1,000,000 $ 2,100,000 $ - $ 3,559,018 $ Unfunded - $ - $ - $ - $ 10,190,982 $
074 Wildomar Trail/I-15 Interchange
503 - TUMF 500,000 $ 1,000,000 $ 2,100,000 $ - $ 3,559,000 $ Unfunded - $ - $ - $ - $ 10,191,000 $
081 Grand Ave./Sheila Ln. Roundabout
201 - Measure A - $ - $ - $ - $ 17,500 $
Unfunded - $ - $ - $ - $ 534,600 $

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CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28
CIP No. Project Name Fund Total FY 23/24
Budget FY 24/25 FY 25/26 FY 26/27 FY 27/28+
087 Lost Rd. Improvements
201 - Measure A - $ - $ - $ - $ 15,000 $
Unfunded - $ - $ - $ - $ 1,250,000 $
090 Bundy Canyon Rd. West - Widening & ATP Improvements 503 - TUMF 85,000 $ 350,000 $ - $ 3,300,000 $ - $
025-1 Clinton Keith Rd. Widening (Phase 1)
120 - Measure AA - $ 600,000 $ - $ - $ - $
440 - DIF Roads 508,972 $ 200,000 $ - $ - $ - $
500 - RMRA (SB1) - $ 800,000 $ - $ - $ - $
503 - TUMF 2,366,028 $ 1,423,860 $ - $ - $ - $
Unfunded - $ 5,651,140 $ - $ - $ - $
026-1 Bundy Canyon Rd. Improvement Project (Segment 1)
503 - TUMF 1,500,000 $ - $ - $ - $ - $
026-2 Bundy Canyon Rd. Improvement Project (Segment 2)
440 - DIF Roads 129,873 $ 4,085,478 $ - $ - $ - $
450 - DIF Signals - $ 524,000 $ - $ - $ - $
451 - DIF Drainage - $ 423,120 $ - $ - $ - $
480 - DIF Trails - $ 1,699,962 $ - $ - $ - $
503 - TUMF 4,000,000 $ 1,785,127 $ - $ - $ - $
507 - Misc. State Funds - $ 1,454,000 $ - $ - $ - $
Unfunded 1,420,127 $ 11,878,313 $ - $ - $ - $
028-2 Palomar St. Widening Project (Phase 2)
120 - Measure AA 730,750 $ - $ - $ - $ - $
201 - Measure A 22,500 $ 127,500 $ - $ - $ - $
203 - TDA Fund 432,500 $ - $ - $ - $ - $
503 - TUMF 3,113,250 $ 822,500 $ - $ - $ - $
028-3 Palomar St. Widening Project (Phase 3)
Unfunded - $ - $ - $ 779,000 $ 1,018,000 $
044-3 Mission Trail/Sedco Sidewalk (CDBG) (Phase 3)
201 - Measure A 15,000 $ - $ - $ - $ - $
282 - CDBG - $ 125,000 $ - $ - $ - $
Unfunded - $ 745,000 $ - $ - $ - $

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CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28
CIP No. Project Name Fund Total FY 23/24
Budget FY 24/25 FY 25/26 FY 26/27 FY 27/28+
026-3 Bundy Canyon Rd. Improvement Project (Segment 3)
440 - DIF Roads 2,235,000 $ 575,234 $ - $ - $ - $
450 - DIF Signals - $ 196,000 $ - $ - $ - $
480 - DIF Trails - $ 618,168 $ - $ - $ - $
503 - TUMF 275,000 $ - $ - $ - $ - $
Unfunded - $ 15,110,598 $ - $ - $ - $
051-2 Local Road Safety Plan (LRSP) Implementation
120 - Measure AA 50,000 $ - $ - $ - $ - $
201 - Measure A 50,000 $ - $ - $ - $ - $
096 Sedco Boulevard Roadway Safety Improvements Project 120 - Measure AA - $ - $ 269,633 $ - $ - $
201 - Measure A 100,000 $ 80,000 $ 150,000 $ - $ - $
508 - Local Grants - $ - $ 2,218,531 $ - $ - $
Subtotal - Trans. (Roads) 18,204,000 $ 51,275,000 $ 6,838,164 $ 4,079,000 $ 30,335,100 $ Transportation - Maintenance
058 Annual Slurry Seal Program
120 - Measure AA 1,350,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 057-1 Pavement Rehabilitation Program
120 - Measure AA 1,850,000 $ - $ - $ - $ - $
200 - Gas Tax - $ - $ - $ - $ - $
201 - Measure A 91,046 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 500 - RMRA (SB1) 2,058,954 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 505 - MSRC 25,000 $ - $ - $ - $ - $
Subtotal - Trans. (Maint.) 5,475,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 050-1 Pavement Management Program
201 - Measure A 100,000 $ - $ - $ - $ - $
Subtotal - Trans. (Maint.) 5,475,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $

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CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28
CIP No. Project Name Fund Total FY 23/24
Budget FY 24/25 FY 25/26 FY 26/27 FY 27/28+
Trails
043 Wildomar Channel Trail Access
201 - Measure A 15,000 $ 10,000 $ 50,000 $ 35,000 $ 10,000 $ Unfunded - $ - $ - $ 150,000 $ - $
082 Palomar St./Bryant St. Trail
201 - Measure A - $ - $ - $ - $ 15,000 $
Unfunded - $ - $ - $ - $ 735,000 $
092 Bundy Canyon Rd. ATP Improvements
201 - Measure A - $ 168,750 $ - $ - $ - $
203 - TDA Fund - $ 381,325 $ - $ - $ - $
503 - TUMF 225,000 $ 199,925 $ - $ - $ - $
Subtotal - Trails 240,000 $ 760,000 $ 50,000 $ 185,000 $ 760,000 $ Parks
061 Regency-Heritage Park Rehabilitation
Unfunded - $ - $ - $ - $ 5,202,000 $
062 New 27 Acre Park
461 - DIF Park Imp. 178,000 $ - $ - $ - $ - $
Unfunded - $ - $ 4,950,000 $ - $ - $
068 New 11 Acre Park
461 - DIF Park Imp. - $ - $ - $ - $ 150,000 $
099 20-Acre Passive Park
115 - ARPA 275,000 $ 275,000 $ - $ - $ - $
461 - DIF Park Imp. 175,000 $ - $ - $ - $ - $
Unfunded - $ - $ 1,100,000 $ - $ - $
Subtotal - Parks 628,000 $ 275,000 $ 6,050,000 $ - $ 5,352,000 $ Other
Admin
201 - Measure A 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ Subtotal - Other 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $

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CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28
CIP No. Project Name Fund Total FY 23/24
Budget FY 24/25 FY 25/26 FY 26/27 FY 27/28+
Drainage
094 RCFC Line G Storm Drain (Stages 1 and 2)
502 - RCFC - $ - $ 16,040,198 $ - $ - $
095 RCFC Murrieta Creek/Wildomar Channel ROW Impvts.
502 - RCFC - $ - $ 141,635 $ - $ - $
063 Line C Basin and Storm Drain
201 - Measure A 48,500 $ - $ - $ - $ - $
440 - DIF Roads - $ 670,000 $ - $ - $ - $
069 Miscellaneous Drainage Improvements
Unfunded - $ - $ 490,000 $ 490,000 $ 490,000 $
073 Wildomar Channel/McVicar St. Crossing
440 - DIF Roads 23,200 $ - $ - $ - $ - $
451 - DIF Drainage 282,700 $ - $ - $ - $ - $
Private Development 611,800 $ - $ - $ - $ - $
086 Sedco MDP Line F-2 Storm Drain
201 - Measure A 10,000 $ 87,500 $ 47,500 $ - $ - $
502 - RCFC - $ 87,500 $ 47,500 $ - $ - $
Unfunded - $ - $ 760,000 $ - $ - $
091 Catch Basin Filter Retrofit Project
251 - LLMD Zone 52 200,200 $ - $ - $ - $ - $
251 - LLMD Zone 59 42,350 $ - $ - $ - $ - $
251 - LLMD Zone 62 96,250 $ - $ - $ - $ - $
251 - LLMD Zone 67 30,800 $ - $ - $ - $ - $
251 - LLMD Zone 181 15,400 $ - $ - $ - $ - $
023-1 Master Drainage Plan (MDP) Update
201 - Measure A - $ 15,000 $ - $ - $ - $
Subtotal - Drainage 1,361,200 $ 860,000 $ 17,526,833 $ 490,000 $ 490,000 $

Page 14 of 68 ends

CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28
CIP No. Project Name Fund Total FY 23/24
Budget FY 24/25 FY 25/26 FY 26/27 FY 27/28+
Cemetery
067-1 Phase 1 Cemetery Improvements
302 - Cemetery CIP 700,000 $ 82,000 $ - $ - $ - $
Subtotal - Cemetery 700,000 $ 82,000 $ - $ - $ - $
Buildings
080 Fire Station 61 Site Improvements
Unfunded - $ 25,000 $ 175,000 $ - $ - $
093 Wildomar Fire Station #2 (East of I-15)
120 - Measure AA - $ 100,000 $ - $ - $ - $
098 Interim Field Operations Center
120 - Measure AA 350,000 $ - $ - $ - $ - $
Unfunded 2,190,000 $ - $ - $ - $ - $
Subtotal - Buildings 2,540,000 $ 125,000 $ 175,000 $ - $ - $ Grand Total 30,148,800 $ 55,094,000 $ 33,226,097 $ 6,354,000 $ 38,537,100 $

Page 15 of 68 ends

CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 14 of 68 ends

APPENDIX B

PROGRAM PROJECT DETAIL SHEETS
(appendix continues on next page)
1186

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 500,000 $ $ 100,000 100,000 $ $ 100,000 100,000 $ 100,000 $ Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction - - - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 500,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000

FUNDING SOURCES
201 - Measure A 500,000 $ $ 100,000 100,000 $ $ 100,000 100,000 $ 100,000 $ - - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Capital Improvement Program Administration Admin
Citywide Other

PROJECT DESCRIPTION AND EXHIBIT
Administration and management of the CIP includes such tasks as preparation of project schedules, preparation and evaluation of project and program budgets, preparation of reports, updates to standards and specifications, engineering analyses of existing conditions and potential improvements to City infrastructure, evaluation of and planning for potential new projects, prepartion of grant applications for project funding, program management tasks, and other associates expenses. Where these activities are not specific to any previously budgeted project, expenses are covered by CIP Administration.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 17 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ 15,000 - $ $ - - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction - - - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 15,000 $ - $ 15,000 $ - $ - $ -

FUNDING SOURCES
201 - Measure A 15,000 $ $ 15,000 - $ $ - - $ - $
- - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Master Drainage Plan (MDP) Update 023-1
Citywide Drainage

PROJECT DESCRIPTION AND EXHIBIT
The Wildomar Master Drainage Plan was adopted in December 2019.

To ensure that the document remains current and is easily accessible for future review and modification, this project will:

1. Update proposed and existing facilities, based on current information.

2. Organize technical data for retention and use.

3. Organize hardcopy and digital files.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 18 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ - 15,000 $ $ - - $ - $
Design/PS&E 535,000 - 535,000 - - -
Right-of-Way 700,000 - 700,000 - - -
Construction 9,500,000 8,000,000 1,500,000 - - -
Const Admin/Inspect. 800,000 675,000 125,000 - - -
Total Cost: $ 11,550,000 $ 2,875,000 $ 8,675,000 $ - $ - $ -

FUNDING SOURCES
120 - Measure AA 600,000 $ $ 600,000 - $ $ - - $ - $
503 - TUMF 3,789,888 1,423,860 2,366,028 - - -
500 - RMRA (SB1) 800,000 800,000 - - - -
440 - DIF Roads 708,972 200,000 508,972 - - -
Unfunded 5,651,140 5,651,140 - - - -

PROJECT SUMMARY
Clinton Keith Rd. Widening 025-1
Clinton Keith Rd. (between I-15 and Copper Craft Rd.) Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
This project widens Clinton Keith Rd. to six lanes from the I-15 to Elizabeth Ln, four lanes from Wildomar Trail to Copper Craft Rd., and constructs Class II bike lanes in both directions throughout the entire project. The project is approximately 2 miles long.

Clinton Keith Rd. (CKR) is an Urban Arterial Road in the City Circulation Plan and is also a regional road that provides connectivity between the I‐15 and I‐215 freeways. Widening the road will improve the flow of traffic and will close an existing bike lane gap This project is referred to as Phase 1. A future widening project will be necessary to widen the the road from four to six lanes between Elizabeth Ln. and Copper Craft Rd.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT
LIMITS
N CLINTON KEITH ROAD WILDOMAR TRAIL INLAND VALLEY DR.

Page 19 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 1,150,000 - 1,150,000 - - -
Const Admin/Inspect. 350,000 - 350,000 - - -
Total Cost: $ 1,500,000 $ 1,500,000 $ - $ - $ - $ -

FUNDING SOURCES
120 - Measure AA - $ $ - - $ $ - - $ - $
503 - TUMF 1,500,000 - 1,500,000 - - -
508 - Local Grants - - - - - -
440 - DIF Roads - - - - - -
451 - DIF Drainage - - - - - -
501 - Capital Reinvestment - - - - - -
- - - - - -

PROJECT SUMMARY
Bundy Canyon Rd. Imp. Project (Segment 1 - Const.) 026-1 Bundy Canyon Rd. (Cherry St. to 1500' east of Oak Circle Dr) Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
Widen Bundy Canyon Rd. from two lanes to four lanes between Cherry St. and 1500' east of Oak Canyon Dr. Improvements include road widening, new traffic signals, new storm drains, and signing/striping.

This project has been substantially completed in FY 22/23, but there are remaining expenditures on the project that have not yet been paid.

Therefore, additional budget has been accounted for in FY 23/24 to cover outstanding costs.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT

LIMITS CHERRY MONTE VISTA N

Page 20 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 500,000 $ $ - 500,000 $ $ - - $ - $ Design/PS&E 150,000 - 150,000 - - -
Right-of-Way 750,000 - 750,000 - - -
Construction 25,000,000 21,000,000 4,000,000 - - -
Const Admin/Inspect. 1,000,000 850,000 150,000 - - -
Total Cost: $ 27,400,000 $ 5,550,000 $ 21,850,000 $ - $ - $ -

FUNDING SOURCES
480 - DIF Trails 1,699,962 $ $ 1,699,962 - $ $ - - $ - $ 451 - DIF Drainage 423,120 423,120 - - - -
440 - DIF Roads 4,215,351 4,085,478 129,873 - - -
450 - DIF Signals 524,000 524,000 - - - -
507 - Misc. State Funds 1,454,000 1,454,000 - - - -
503 - TUMF 5,785,127 1,785,127 4,000,000 - - -
Unfunded 13,298,440 11,878,313 1,420,127 - - -

PROJECT DESCRIPTION AND EXHIBIT
Widen Bundy Canyon Rd. from two lanes to four lanes with associated improvements, including traffic signals (former CIP 071- 072) and an ATP Corridor (former CIP 026-3).

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Bundy Canyon Rd. Improvement Project (Segment 2) 026-2
Oak Circle Dr. to 600' East of The Farm Rd. Trans. (Roads) SUNSET AVE. & COTTONWOOD CANYON RD. MENIFEE WILDOMAR CHERRY ST. THE FARM RD. BUNDY CANYON RD.

BUNDY CANYON RD.

PROJECT LIMITS MONTE VISTA DR.

Page 21 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 22/23
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 860,000 - 860,000 - - -
Right-of-Way 1,650,000 - 1,650,000 - - -
Construction 15,500,000 15,500,000 - - - -
Const Admin/Inspect. 1,000,000 1,000,000 - - - -
Total Cost: $ 19,010,000 $ 2,510,000 $ 16,500,000 $ - $ - $ -

FUNDING SOURCES
503 - TUMF 275,000 $ $ - 275,000 $ $ - - $ - $
440 - DIF Roads 2,810,234 575,234 2,235,000 - - -
480 - DIF Trails 618,168 618,168 - - - -
450 - DIF Signals 196,000 196,000 - - - -
Unfunded 15,110,598 15,110,598 - - - -

PROJECT DESCRIPTION AND EXHIBIT
Widen Bundy Canyon Rd. from two lanes to four lanes with associated improvements, including traffic signals and an ATP Corridor (former CIP 026-3).

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Bundy Canyon Rd. Improvement Project (Segment 3) 026-3
The Farm Rd. to Sunset Ave./Cottonwood Canyon Rd. Trans. (Roads)

Page 22 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Warren Repke
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 51,000 - 51,000 - - -
Right-of-Way 180,000 - 180,000 - - -
Construction 4,800,000 940,000 3,860,000 - - -
Const Admin/Inspect. 218,000 10,000 208,000 - - -
Total Cost: $ 5,249,000 $ 4,299,000 $ 950,000 $ - $ - $ -

FUNDING SOURCES
503 - TUMF 3,935,750 $ $ 822,500 3,113,250 $ $ - - $ - $ 120 - Measure AA 730,750 - 730,750 - - -
201 - Measure A 150,000 127,500 22,500 - - -
203 - TDA Fund 432,500 - 432,500 - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
Phase 2 of the Palomar St. Widening Project will widen Palomar St. between Gruwell St. to Wildomar Trail. This project will be designed and constructed concurrently with Phase 1 of the Cemetery Master Plan improvements (see CIP 067-1 for details and additional funding).

Improvements on Palomar St. will include the addition of new vehicle lanes to widen the road from two lanes to four lanes, bike lanes, sidewalks, and multi-purpose trails. Design of the project will also take into account the Wildomar Old Town Vision located at the northeast corner of Wildomar Trail and Palomar St. The project will also include improvements to Gruwell St. along the frontage of the cemetery, including roadway widening, bike lanes, curb, gutter, and a pedestrian path (sidewalk and/or trail).

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Palomar St. Widening Project (Phase 2) 028-2
Gruwell St. to Wildomar Trail Trans. (Roads)
PALOMAR ST. WILDOMAR TRAIL GRUWELL ST. ELM ST.

PROJECT LIMITS

WILDOMAR

CEMETERY

UNITED STATES

POST OFFICE

WILDOMAR
ELEMENTARY PALOMAR ST.

Page 23 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 102,000 $ $ - - $ $ 102,000 - $ - $ Design/PS&E 255,000 - - 255,000 - -
Right-of-Way 422,000 - - 422,000 - -
Construction 916,200 - - - - 916,200
Const Admin/Inspect. 101,800 - - - - 101,800
Total Cost: $ 1,797,000 $ - $ - $ - $ 779,000 $ 1,018,000

FUNDING SOURCES
503 - TUMF - $ $ - - $ $ - - $ - $
Unfunded 1,797,000 - - 779,000 - 1,018,000
- - - - - -
- - - - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
This project will widen Palomar St. to its ultimate width to provide four lanes of travel with a bike lane, sidewalk and multi-purpose trail on the west side.

This project addresses the projected increase in traffic volumes and the need to provide bike lane, pedestrian access and path of travel to existing school, church and commercial areas.
*Note: The environmental phase of this project was covered under CIP 028-1 and has been completed.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Palomar St. Widening Project (Phase 3) 028-3
Clinton Keith Rd. to south City Limits/Murrieta Trans. (Roads) PALOMAR ST. PALOMAR ST.

PROJECT LIMITS
REALIGNMENT MEADOW RIDGE LN.

Page 24 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ - - $ $ - 15,000 $ - $
Design/PS&E 25,000 - - - 25,000 -
Right-of-Way 55,000 10,000 15,000 10,000 10,000 10,000
Construction 150,000 - - 150,000 - -
Const Admin/Inspect. 25,000 - - 25,000 - -
Total Cost: $ 270,000 $ 15,000 $ 10,000 $ 50,000 $ 185,000 $ 10,000

FUNDING SOURCES
201 - Measure A 120,000 $ $ 10,000 15,000 $ $ 35,000 50,000 $ 10,000 $ Unfunded 150,000 - - 150,000 - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Wildomar Channel Trail Access 043
Wildomar Channel/Murrieta Creek Trails

PROJECT DESCRIPTION AND EXHIBIT
The City executed a Master License Agreement with the Riverside County Flood Control District (RCFC) to allow continued public use of the access roads. The City will now need to process Specific Facilitity License Exhibits (SFLEs) with RCFC for each specific segment of the channel. The project provides additional pedestrian facilities (trail), promotes active transportation, and improves pedestrian connectivity in this part of the City. The project also eliminates the need for the City to enter into event-specific agreements with the Riverside County Flood Control District (RCFC) for use of the access roads during public events (e.g. 5-K Runs, etc...).

Funds have also been allocated in the Right-of-Way Phase for the SFLEs and on-going future maintenance of the trail. Funds in FY 25/26 and FY 26/27 are proposed to remove the locked gates on the east side of the existing Wildomar Channel access roads and complete minor improvements to open the access roads to the public for trail purposes.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT LIMITS

PROJECT LOCATIONS

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CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 15,000 - 15,000 - - -
Right-of-Way - - - - - -
Construction 765,000 765,000 - - - -
Const Admin/Inspect. 105,000 105,000 - - - -
Total Cost: $ 885,000 $ 15,000 $ 870,000 $ - $ - $ -

FUNDING SOURCES
282 - CDBG 125,000 $ $ 125,000 - $ $ - - $ - $
120 - Measure AA - - - - - -
201 - Measure A 15,000 - 15,000 - - -
Unfunded 745,000 745,000 - - - -
- - - - - -

PROJECT SUMMARY
Mission Trail/Sedco Sidewalk (CDBG) (Phase 3) 044-3
Mission Trail (between Malaga Rd. and Elberta Ave.) Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
This project will design and construct curb, gutter, sidewalk, and driveway approaches on the east side of Mission Trail. This is Phase 3 of the Sedco (Mission Trail) sidewalk project which will create a contiguous walking path on Mission Trail from Malaga Rd. to Olive St.

This project closes a key infrastructure "gap" where these improvements would enhance the mobility of pedestrians and provide new connectivity to amenities like Malaga Park, and other regional points of interest like Lake Elsinore Storm Stadium.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 26 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 23/24
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 100,000 - 100,000 - - -
Right-of-Way - - - - - -
Construction - - - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 100,000 $ 100,000 $ - $ - $ - $ -

FUNDING SOURCES
201 - Measure A 100,000 $ $ - 100,000 $ $ - - $ - $
- - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
This project will prepare a new/updated Pavement Management Program (PMP) Report for the City, incorporating all of the recent improvements and projects that have occurred since the last major PMP Update in 2019. This Report will provide the information needed to continue to effectively administer the City's Pavement Rehabilitation and Slurry Seal Programs.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Pavement Management Program 050-1
City Wide Trans. (Maint.)

Page 27 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 100,000 $ $ - 100,000 $ $ - - $ - $ Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction - - - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 100,000 $ 100,000 $ - $ - $ - $ -

FUNDING SOURCES
120 - Measure AA 50,000 $ $ - 50,000 $ $ - - $ - $
201 - Measure A 50,000 - 50,000 - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Local Road Safety Plan (LRSP) Implementation 051-2
Citywide Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
This project budgets funds for the planning and implementation of projects and roadway safety improvements identified in the Local Road Safety Plan (LRSP), and other related improvements as identified and appropriate.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 28 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 18/19
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 250,000 50,000 50,000 50,000 50,000 50,000
Right-of-Way - - - - - -
Construction 7,700,000 1,000,000 3,700,000 1,000,000 1,000,000 1,000,000 Const Admin/Inspect. 675,000 100,000 275,000 100,000 100,000 100,000 Total Cost: $ 8,625,000 $ 4,025,000 $ 1,150,000 $ 1,150,000 $ 1,150,000 $ 1,150,000

FUNDING SOURCES
201 - Measure A 691,046 $ $ 150,000 91,046 $ $ 150,000 150,000 $ 150,000 $ 500 - RMRA (SB1) 6,058,954 1,000,000 2,058,954 1,000,000 1,000,000 1,000,000 120 - Measure AA 1,850,000 - 1,850,000 - - -
200 - Gas Tax - - - - - -
505 - MSRC 25,000 - 25,000 - - -

PROJECT SUMMARY
Pavement Rehabilitation Program 057-1
Citywide Trans. (Maint.)

PROJECT DESCRIPTION AND EXHIBIT
Annual Pavement Rehabilitation Program:

This program provides for the rehabilitation of selected streets based on the City Pavement Management Report, Maintenance Records, and Citizen Input.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PRE-REHAB
WILDOMAR TRAIL REHAB (CIP 057 - SUMMER 2020)

POST-REHAB

Page 29 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 20/21
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 2,750,000 350,000 1,350,000 350,000 350,000 350,000 Const Admin/Inspect. - - - - - -
Total Cost: $ 2,750,000 $ 1,350,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000

FUNDING SOURCES
120 - Measure AA 2,750,000 $ $ 350,000 1,350,000 $ $ 350,000 350,000 $ 350,000 $ 500 - RMRA (SB1) - - - - - -
201 - Measure A - - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Annual Slurry Seal Program 058
Citywide Trans. (Maint.)

PROJECT DESCRIPTION AND EXHIBIT
Annual Street Preservation Program:

This program provides for the preservation of existing streets through the application of a Slurry Seal to the street surface. Streets are selected based on the City Pavement Management Report,
Maintenance Records, and Citizen Input.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

CITY-WIDE PROJECT
(EXACT STREETS TO BE DETERMINED

Page 30 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Parks and Rec
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 326,000 - - - - 326,000
Right-of-Way - - - - - -
Construction 4,600,000 - - - - 4,600,000
Const Admin/Inspect. 276,000 - - - - 276,000
Total Cost: $ 5,202,000 $ - $ - $ - $ - $ 5,202,000

FUNDING SOURCES
Unfunded 5,202,000 $ $ - - $ $ - - $ 5,202,000 $
- - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Regency-Heritage Park Rehabilitation 061
Regency- Heritage Park Parks

PROJECT DESCRIPTION AND EXHIBIT
This project prepares a Concept Plan and Construction Cost Estimate, including a Flood Control/Grading Analysis, for the rehabilitation of the park.

The park is in need of improvements to control drainage and upgrade facilities. This work will provide a concept plan and costs for the needed improvements.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
BUNDY CANYON RD. MISSION TRAIL

REGENCY HERITAGE PARK

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CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Parks and Rec
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 28,000 $ $ - 28,000 $ $ - - $ - $
Design/PS&E 150,000 - 150,000 - - -
Right-of-Way - - - - - -
Construction 4,500,000 - - - 4,500,000 -
Const Admin/Inspect. 450,000 - - - 450,000 -
Total Cost: $ 5,128,000 $ 178,000 $ - $ 4,950,000 $ - $ -

FUNDING SOURCES
461 - DIF Park Imp. 178,000 $ $ - 178,000 $ $ - - $ - $ Unfunded 4,950,000 - - - 4,950,000 -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
New 27 Acre Park 062
Northwest Corner of La Estrella St. and Porras Rd. Parks

PROJECT DESCRIPTION AND EXHIBIT
This project includes the preparation of plans, specifications and cost estimates for Phase 1 development of the park. Phase 1 includes substantial on-site grading, stormwater facilities, pedestrian walkways and trails, bicycle park area, bridge crossings, parking areas, and landscape establishment. Construction cost estimates are included for Phase 1 and are currently unfunded.

This project will also complete the planning phase for the new park site which includes CEQA/Environmental Review.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
BRILLANTE DR. WILDOMAR TRAIL
LA ESTRELLA RD. SUSAN DR.

PEGGY LN.

RONALD REGAN

ELEMENTARY SCHOOL

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CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Warren Repke
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 48,500 - 48,500 - - -
Right-of-Way - - - - - -
Construction 670,000 670,000 - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 718,500 $ 48,500 $ 670,000 $ - $ - $ -

FUNDING SOURCES
201 - Measure A 48,500 $ $ - 48,500 $ $ - - $ - $
440 - DIF Roads 670,000 670,000 - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Line C Basin and Storm Drain 063
Southeast Corner of Bundy Cayon Rd. and Monte Vista Dr. Drainage

PROJECT DESCRIPTION AND EXHIBIT
This is a Riverside County Flood Control initiated and managed project. Major elements include:
- A retention basin as the southeast corner of Bundy Canyon Rd. and Monte Vista Dr.
- Reinforced concrete box storm drain from the basin south on Monte Vista Dr. to the Caltrans culvert under the I-15 Freeway. - City has agreed to pay for the design and construction of street improvements on Monte Vista including DG Trail and Fencing.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT
PROPOSED BUDGET PROJECTED BUDGET BUNDY CANYON RD.

MONTE VISTA DR.

SELLERS RD.

CANYON RANCH RD.

LATERAL C BASIN

LATERAL C STORM DRAIN
(BLUE)
N

EXISTING CALTRANS

CULVERT

Page 33 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 5,000 $ $ - 5,000 $ $ - - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 150,000 - 150,000 - - -
Const Admin/Inspect. 15,000 - 15,000 - - -
Total Cost: $ 170,000 $ 170,000 $ - $ - $ - $ -

FUNDING SOURCES
120 - Measure AA 100,000 $ $ - 100,000 $ $ - - $ - $
201 - Measure A 25,000 - 25,000 - - -
210 - AQMD 45,000 - 45,000 - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Right-of-Way Enhancement Program 066
Citywide Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
The City Council approved the Right-of-Way Enhancement Program to provide options for the improvement and maintenance of unpaved roads throughout the City.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 34 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Warren Repke
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 10,000 - 10,000 - - -
Right-of-Way - - - - - -
Construction 715,000 80,000 635,000 - - -
Const Admin/Inspect. 57,000 2,000 55,000 - - -
Total Cost: $ 782,000 $ 700,000 $ 82,000 $ - $ - $ -

FUNDING SOURCES
302 - Cemetery CIP 782,000 $ $ 82,000 700,000 $ $ - - $ - $ - - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Phase 1 Cemetery Improvements 067-1
Wildomar Cemetery (Gruwell and Palomar) Cemetery

PROJECT DESCRIPTION AND EXHIBIT
Design and Construction of Phase 1 Improvements consisting of:
- Americans with Disabilities Act (ADA) Improvements
- Removal and construction of new cemetery walls and gates. - Landscaping on street side of the walls.

Note: This project will be designed concurrently with CIP 028-2 (Palomar St. Widening along the cemetery frontage). See CIP 028-2 for details.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
PALOMAR ST. GRUWELL ST. WILDOMAR

CEMETERY

Page 35 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Parks and Rec
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 150,000 $ $ - - $ $ - - $ 150,000 $ Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction - - - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 150,000 $ - $ - $ - $ - $ 150,000

FUNDING SOURCES
461 - DIF Park Imp. 150,000 $ $ - - $ $ - - $ 150,000 $ - - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
New 11 Acre Park 068
Northwest Corner of Grand Ave. and Leslie Street Parks

PROJECT DESCRIPTION AND EXHIBIT
This project includes the preparation of concepts for development of the park.

This project will complete the planning phase for the new park site.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
CANYON CREST ST.

VIRGO WAY GRAND AVE.

LESLIE ST.

DAVID A. BROWN

MIDDLE SCHOOL

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CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 30,000 $ $ - - $ $ 10,000 10,000 $ 10,000 $ Design/PS&E 120,000 - - 40,000 40,000 40,000
Right-of-Way - - - - - -
Construction 1,200,000 - - 400,000 400,000 400,000
Const Admin/Inspect. 120,000 - - 40,000 40,000 40,000
Total Cost: $ 1,470,000 $ - $ - $ 490,000 $ 490,000 $ 490,000

FUNDING SOURCES
Unfunded 1,470,000 $ $ - - $ $ 490,000 490,000 $ 490,000 $ - - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Miscellaneous Drainage Improvements 069
To Be Determined Drainage

PROJECT DESCRIPTION AND EXHIBIT
Identify high priority local drainage projects from the Master Drainage Plan. Prepare PS&E.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 37 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 20/21
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 500,000 $ $ - 500,000 $ $ - - $ - $ Design/PS&E 3,100,000 1,000,000 - - 2,100,000 -
Right-of-Way - - - - - -
Construction 12,500,000 - - - - 12,500,000
Const Admin/Inspect. 1,250,000 - - - - 1,250,000
Total Cost: $ 17,350,000 $ 500,000 $ 1,000,000 $ 2,100,000 $ - $ 13,750,000

FUNDING SOURCES
503 - TUMF 7,159,018 $ $ 1,000,000 500,000 $ $ - 2,100,000 $ 3,559,018 $ Unfunded 10,190,982 - - - - 10,190,982
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Bundy Canyon Rd./I-15 Interchange 070
Bundy Canyon Rd. and I-15 Freeway Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
Improve the Bundy Canyon Rd. and I-15 Interchange to ultimate standards.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
BUNDY CANYON RD.

BUNDY CANYON RD.

Page 38 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 837,900 - 837,900 - - -
Const Admin/Inspect. 79,800 - 79,800 - - -
Total Cost: $ 917,700 $ 917,700 $ - $ - $ - $ -

FUNDING SOURCES
440 - DIF Roads 23,200 $ $ - 23,200 $ $ - - $ - $
451 - DIF Drainage 282,700 - 282,700 - - -
Private Development 611,800 - 611,800 - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Wildomar Channel/McVicar St. Crossing 073
McVicar St. at Wildomar Channel Drainage

PROJECT DESCRIPTION AND EXHIBIT
This project will remove existing CMP culverts and install a concrete box culvert system and associated channel improvements.

Localized flooding causes road closures on McVicar St.

Note: Construction of this project is being completed by a development project (TR 31667), in compliance with their conditions of approval. As such, the amounts listed for Fund 440 and Fund 451 below are eligible to be granted as a reimbursement of funds to the developer.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
GRAND AVE. McVICAR ST.
9-BOX CULVERT SYSTEM

Page 39 of 68 ends

CITY OF WILDOMAR

FUNDING SOURCES
503 - TUMF 7,159,000 $ $ 1,000,000 500,000 $ $ - 2,100,000 $ 3,559,000 $ Unfunded 10,191,000 - - - - 10,191,000
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Wildomar Trail/I-15 Interchange 074
Wildomar Trail and I-15 Freeway Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
Improve the Wildomar Trail and I-15 Interchange to ultimate standards.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

WILDOMAR TRAIL
N

WILDOMAR TRAIL

Page 40 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 20/21
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ - 15,000 $ $ - - $ - $
Design/PS&E 36,000 36,000 - - - -
Right-of-Way - - - - - -
Construction 380,000 - - - 380,000 -
Const Admin/Inspect. 30,000 - - - 30,000 -
Total Cost: $ 461,000 $ 15,000 $ 36,000 $ 410,000 $ - $ -

FUNDING SOURCES
Unfunded - $ $ - - $ $ - - $ - $
450 - DIF Signals 461,000 36,000 15,000 - 410,000 -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Bundy Canyon Rd./Orchard St. Traffic Signal 075
Bundy Canyon Rd. and Orchard St. Intersection Trans. (Signals)

PROJECT DESCRIPTION AND EXHIBIT
Install a new traffic signal and appurtenant street improvements including safety lighting, crosswalks, and pedestrian countdown heads. Project is also part of a larger improvement project on Bundy Canyon Rd. from Mission Trail to Orange St. See CIP 090 for related street improvements.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT
PROPOSED BUDGET PROJECTED BUDGET ALMOND ST.

ELSINORE HIGH
SCHOOL ORCHARD ST. ORANGE ST.

BUNDY CANYON RD.

CANYON DR.

Page 41 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ - 15,000 $ $ - - $ - $
Design/PS&E 36,000 36,000 - - - -
Right-of-Way - - - - - -
Construction 350,000 - - - 350,000 -
Const Admin/Inspect. 30,000 - - - 30,000 -
Total Cost: $ 431,000 $ 15,000 $ 36,000 $ 380,000 $ - $ -

FUNDING SOURCES
Unfunded 380,000 $ $ - - $ $ - 380,000 $ - $
450 - DIF Signals 51,000 36,000 15,000 - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Bundy Canyon Rd./Almond St. Traffic Signal 076
Bundy Canyon Rd. and Almond St. Intersection Trans. (Signals)

PROJECT DESCRIPTION AND EXHIBIT
Install a new traffic signal and appurtenant street improvements including safety lighting, crosswalks, and pedestrian countdown heads. Project is also part of a larger improvement project on Bundy Canyon Rd. from Mission Trail to Orange St. See CIP 090 for related street improvements.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
BUNDY CANYON RD. ALMOND ST.

ELSINORE HIGH
SCHOOL ORANGE ST.

Page 42 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 19/20
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ - $ 10,000 $ 5,000 $ - $ - Design/PS&E 15,000 - 15,000 - - -
Right-of-Way - - - - - -
Construction 140,000 - - 140,000 - -
Const Admin/Inspect. 30,000 - - 30,000 - -
Total Cost: $ 200,000 $ - $ 25,000 $ 175,000 $ - $ -

FUNDING SOURCES
Unfunded $ 200,000 $ - $ 25,000 $ 175,000 $ - $ -
- - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
This project aims to design a new fencing layout and motorized gate system for securing the back entrance to the facility. Fire and EMS services within Wildomar are currently contracted through Cal Fire/Riverside County Fire, whom have been contracted for these services since the city's incorporation in 2008. Located at 32637 Gruwell Street in the central part of the City, Wildomar Fire Station 61 was first established in the 1980's and is the only owned building operated by the City after it was conveyed from the County of Riverside in 2016. As Fire Station 61 approaches 40 years and increased use with the EMS services that were added in FY 19/20, proposed upgrades to the property are to be evaluated for potential retrofit improvements, in effort to maintain the first responder levels of service that are provided from this location.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Fire Station 61 Site Improvements 080
32637 Gruwell St Buildings

Page 43 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 17,500 - - - - 17,500
Right-of-Way - - - - - -
Construction 486,000 - - - - 486,000
Const Admin/Inspect. 48,600 - - - - 48,600
Total Cost: $ 552,100 $ - $ - $ - $ - $ 552,100

FUNDING SOURCES
201 - Measure A 17,500 $ $ - - $ $ - - $ 17,500 $
Unfunded 534,600 - - - - 534,600
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Grand Ave./Sheila Ln. Roundabout 081
Grand Ave. and Sheila Ln. Intersection Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
Construct a roundabout at Grand Ave. and Sheila Ln. in place of the existing 4-way stop control. Project design is complete. Project was previously solicited for bids in FY 17/18. The project is currently unfunded. Future funds proposed for Design/PS&E are to update the project plans to meet the latest design standards. The City will evaluate grant opportunities that may provide construction funding for this project.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 44 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ - - $ $ - - $ 15,000 $
Design/PS&E 60,000 - - - - 60,000
Right-of-Way - - - - - -
Construction 600,000 - - - - 600,000
Const Admin/Inspect. 75,000 - - - - 75,000
Total Cost: $ 750,000 $ - $ - $ - $ - $ 750,000

FUNDING SOURCES
201 - Measure A 15,000 $ $ - - $ $ - - $ 15,000 $
Unfunded 735,000 - - - - 735,000
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Palomar St./Bryant St. Trail 082
Palomar (Corydon to Mission Trl), Bryant (Palomar to Grand) Trails

PROJECT DESCRIPTION AND EXHIBIT
Construct a multi-purpose trail along Palomar St. and Bryant St., to connect the Murrieta Creek Regional Trail from the City of Lake Elsinore into the City of Wildomar. Project design was previously completed in 2009/2010. Design revisions will be needed to update plans for compliance with current goals, policies, and standards.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 45 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 35,000 $ $ 25,000 10,000 $ $ - - $ - $ Design/PS&E 95,000 95,000 - - - -
Right-of-Way 55,000 55,000 - - - -
Construction 760,000 - - - 760,000 -
Const Admin/Inspect. 95,000 - - - 95,000 -
Total Cost: $ 1,040,000 $ 10,000 $ 175,000 $ 855,000 $ - $ -

FUNDING SOURCES
201 - Measure A 145,000 $ $ 87,500 10,000 $ $ - 47,500 $ - $ 502 - RCFC 135,000 87,500 - - 47,500 -
Unfunded 760,000 - - - 760,000 -
- - - - - -
- - - - - -

PROJECT SUMMARY
Sedco MDP Line F-2 Storm Drain 086
Lost Rd. to Gafford St. to Sedco MDP Basin on Great Falls Rd. Drainage

PROJECT DESCRIPTION AND EXHIBIT
Construct an underground storm drain from the RCFC&WCD Sedco Basin to Lost Rd. This will be a City administered cooperative project with RCFC under a cooperative agreement. Project costs will be a 50/50 split.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 46 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 15,000 $ $ - - $ $ - - $ 15,000 $
Design/PS&E 150,000 - - - - 150,000
Right-of-Way - - - - - -
Construction 1,000,000 - - - - 1,000,000
Const Admin/Inspect. 100,000 - - - - 100,000
Total Cost: $ 1,265,000 $ - $ - $ - $ - $ 1,265,000

FUNDING SOURCES
201 - Measure A 15,000 $ $ - - $ $ - - $ 15,000 $
Unfunded 1,250,000 - - - - 1,250,000
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Lost Rd. Improvements 087
Lost Rd. from Lemon St. to North City Limits Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
This project plans to evaluate possible project scope, preliminary engineer's estimate, and potential funding sources to provide a level of improvement to Lost Rd. with asphalt paving. Other likely improvements would include drainage and safety improvements.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 47 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Jason Farag
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 77,500 - 77,500 - - -
Right-of-Way - - - - - -
Construction 260,400 - 260,400 - - -
Const Admin/Inspect. 50,000 - 50,000 - - -
Total Cost: $ 387,900 $ 387,900 $ - $ - $ - $ -

FUNDING SOURCES
506 - HSIP 272,900 $ $ - 272,900 $ $ - - $ - $
201 - Measure A 115,000 - 115,000 - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Harvest Way East/Bundy Canyon Rd. Traffic Signal 088
Harvest Way East and Bundy Canyon Rd. Intersection Trans. (Signals)

PROJECT DESCRIPTION AND EXHIBIT
Install a new traffic signal and appurtenant street improvements including safety lighting, crosswalks, and pedestrian countdown heads. Project is also part of larger improvements along Bundy Canyon Rd. from The Farm Rd. to Cottonwood Canyon Rd./Sunset Ave. The City has secured Highway Safety Improvement Project (HSIP) grant funding for the design and construction of the signal, however coordination with the adjacent developer and the schedule for improvements to Bundy Canyon Rd. Segment 3 (CIP 026-3) will be necessary.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 48 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Cameron Luna
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 72,500 - 72,500 - - -
Right-of-Way - - - - - -
Construction 360,200 - 360,200 - - -
Const Admin/Inspect. 50,000 - 50,000 - - -
Total Cost: $ 482,700 $ 482,700 $ - $ - $ - $ -

FUNDING SOURCES
506 - HSIP 375,200 $ $ - 375,200 $ $ - - $ - $
115 - ARPA - - - - - -
201 - Measure A 107,500 - 107,500 - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Traffic Signal Retrofits and Upgrades 089
Various Locations Citywide Trans. (Signals)

PROJECT DESCRIPTION AND EXHIBIT
Replace existing vehicle heads with LED vehicle heads with retroreflective backing plates, provide advanced dilemma zone detection, and add a protected left-turn phase at two intersections.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 49 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 85,000 $ $ 75,000 10,000 $ $ - - $ - $ Design/PS&E 150,000 75,000 75,000 - - -
Right-of-Way 200,000 200,000 - - - -
Construction 3,000,000 - - 3,000,000 - -
Const Admin/Inspect. 300,000 - - 300,000 - -
Total Cost: $ 3,735,000 $ 85,000 $ 350,000 $ - $ 3,300,000 $ -

FUNDING SOURCES
503 - TUMF 3,735,000 $ $ 350,000 85,000 $ $ 3,300,000 - $ - $ Unfunded - - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
Bundy Canyon Rd. West - Widening & ATP Improvements 090 Bundy Canyon Rd. (Mission Trail to Almond St.) Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
This project proposes to widen Bundy Canyon Rd. west of the I-15 from two lanes to four lanes, and to construct bike lanes, sidewalks, and traffic signals (see CIP 075 and 076 for signal projects). This segment of Bundy Canyon Rd. is a high priority bicycle project in the Wildomar Mobility Plan and is a direct route to Elsinore High School making it an important project for students.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

Page 50 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E 20,000 - 20,000 - - -
Right-of-Way - - - - - -
Construction 350,000 - 350,000 - - -
Const Admin/Inspect. 15,000 - 15,000 - - -
Total Cost: $ 385,000 $ 385,000 $ - $ - $ - $ -

FUNDING SOURCES
251 - LLMD Zone 52 200,200 $ $ - 200,200 $ $ - - $ - $
251 - LLMD Zone 59 42,350 - 42,350 - - -
251 - LLMD Zone 62 96,250 - 96,250 - - -
251 - LLMD Zone 67 30,800 - 30,800 - - -
251 - LLMD Zone 181 15,400 - 15,400 - - -

PROJECT DESCRIPTION AND EXHIBIT
This project will upgrade existing catch basin filters. Several storm drain inlets/catch basins in LLMD zones contain filters which collect trash and remove pollutants from the water which enters the storm drain system, before the water reaches downstream water bodies such as the Murrieta Creek and Lake Elsinore. The filter upgrade will include installation of newer filters that meet current water quality requirements and remove trash and other pollutants with a higher efficiency.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Catch Basin Filter Retrofit Project 091
Various LLMD Zones Citywide Drainage

Page 51 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 25,000 $ $ - 25,000 $ $ - - $ - $
Design/PS&E 150,000 - 150,000 - - -
Right-of-Way 50,000 - 50,000 - - -
Construction 675,000 675,000 - - - -
Const Admin/Inspect. 75,000 75,000 - - - -
Total Cost: $ 975,000 $ 225,000 $ 750,000 $ - $ - $ -

FUNDING SOURCES
203 - TDA Fund 381,325 $ $ 381,325 - $ $ - - $ - $
503 - TUMF 424,925 199,925 225,000 - - -
201 - Measure A 168,750 168,750 - - - -
- - - - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
This project will construct missing sidewalk and install Class II bike lanes between Elsinore High School (Almond St.) and Canyon Ranch Rd./Walnut Creek Rd. to the east. Funding for the project includes RCTC SB 821 Grant Funds.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Bundy Canyon Rd. Sidewalk and Bike Lanes 092
Bundy Canyon Rd. from Cherry St. to Canyon Ranch Rd. Trails MONTE VISTA DR. ALMOND ST. BUNDY CANYON RD.

ELSINORE HIGH
SCHOOL ORCHARD ST. CANYON DR. ORANGE ST.

WAITE ST. CANYON RANCH NORTH

SIDEWALK/TRAIL

EXISTING

PROPOSED

BIKE LANES

EXISTING

PROPOSED
LEGEND CHERRY ST. WALNUT CREEK

Page 52 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Fire
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 100,000 $ $ 100,000 - $ $ - - $ - $ Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction - - - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 100,000 $ - $ 100,000 $ - $ - $ -

FUNDING SOURCES
120 - Measure AA 100,000 $ $ 100,000 - $ $ - - $ - $
- - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
This project will evaluate the need for and the most appropriate location for a new Fire Station. The Project
Development/Environmental phase includes preparing a project scope, advertising an RFP for consultant services to perform the evaluation, hiring a consultant, and completing the evaluation through the selected consultant.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Wildomar Fire Station #2 (East of I-15) 093
East of I-15 Buildings

Page 53 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E - - - - - -
Right-of-Way - - - - - -
Construction 16,040,198 - - - 16,040,198 -
Const Admin/Inspect. - - - - - -
Total Cost: $ 16,040,198 $ - $ - $ 16,040,198 $ - $ -

FUNDING SOURCES
502 - RCFC 16,040,198 $ $ - - $ $ - 16,040,198 $ - $
- - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
RCFC Line G Storm Drain (Stages 1 and 2) 094
Orange St. to Corydon St. Drainage

PROJECT DESCRIPTION AND EXHIBIT
This Flood Control-led project will complete the Line G system. Once the Line G system is complete, it will provide flood protection to the community southwest of Bundy Canyon Road and Interstate 15, as well as resolve long standing flooding issues at the Elsinore High School. The Stage 2 (to be built second) project will intercept storm flows reaching Orange Street from the east and convey those flows westerly along Canyon Drive to the Stage 1 (to be built first) facility east of Mission Trail. Stage 1 will be constructed as an open channel and Stage 2 will be constructed as an underground storm drain facility.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
BUNDY CANYON RD.

N
CANYON DR.

WAITE ST. ORANGE ST.

LINE G STORM DRAIN
STAGE 1 STAGE 2

Page 54 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. - $ $ - - $ $ - - $ - $
Design/PS&E - - - - - -
Right-of-Way 141,635 - - - 141,635 -
Construction - - - - - -
Const Admin/Inspect. - - - - - -
Total Cost: $ 141,635 $ - $ - $ 141,635 $ - $ -

FUNDING SOURCES
502 - RCFC 141,635 $ $ - - $ $ - 141,635 $ - $
- - - - - -
- - - - - -
- - - - - -
- - - - - -

PROJECT SUMMARY
RCFC Murrieta Creek/Wildomar Channel ROW Impvts. 095
McVicar St. to Southern City Limits with Murrieta Drainage

PROJECT DESCRIPTION AND EXHIBIT
This is a Flood Control led project to acquire right of way (ROW) within Murrieta Creek floodplain from the City's southerly boundary with Murrieta to McVicar Street. The acquisition of the right of way will be in lieu of constructing the Murrieta Creek Channel. The area will remain a natural conveyance system. Flood Control Area Drainage Plan funds will be used when they become available to acquire the ROW and make necessary improvements to the natural conveyance system.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET
PALOMAR ST.

MURRIETA CREEK/

WILDOMAR CHANNEL

Page 55 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 23/24
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 20,000 $ $ - 20,000 $ $ - - $ - $
Design/PS&E 110,000 30,000 80,000 - - -
Right-of-Way 50,000 50,000 - - -
Construction 2,438,164 - - - 2,438,164 -
Const Admin/Inspect. 200,000 - - - 200,000 -
Total Cost: $ 2,818,164 $ 100,000 $ 80,000 $ 2,638,164 $ - $ -

FUNDING SOURCES
201 - Measure A 330,000 $ $ 80,000 100,000 $ $ - 150,000 $ - $ 508 - Local Grants 2,218,531 - - - 2,218,531 -
120 - Measure AA 269,633 - - - 269,633 -
- - - - - -
- - - - - -

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Sedco Boulevard Roadway Safety Improvements Project 096 Sedco Blvd between Mission Trail and Lakeview Terrace Trans. (Roads)

PROJECT DESCRIPTION AND EXHIBIT
The proposed project will add Class II bike lanes, crosswalks, and roundabouts along a 0.19-mile segment of Sedco Boulevard between Mission Trail and Lakeview Terrace. The project site is located in the Sedco Hills neighborhood of the City. The Sedco Boulevard Roadway Safety Improvements project is intended to increase the usage of alternative travel modes. The project is planned to include landscaping in the medians and centers of roundabouts. The project seeks to increase mobility and expand connectivity by serving as a vital link in the City of Wildomar’s proposed Active Transportation network.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

Page 56 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 23/24
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 10,000 $ $ 10,000 - $ $ - - $ - $
Design/PS&E 35,000 35,000 - - - -
Right-of-Way - - - - - -
Construction 176,100 - - - 176,100 -
Const Admin/Inspect. 20,000 - - - 20,000 -
Total Cost: $ 241,100 $ - $ 45,000 $ 196,100 $ - $ -

FUNDING SOURCES
201 - Measure A 82,610 $ $ 45,000 - $ $ - 37,610 $ - $
506 - HSIP 158,490 - - - 158,490 -
- - - - - -
- - - - - -
- - - - - -

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Pedestrian Crosswalk Enhancement Project 097
Corydon Road and Mission Trail Intersections Trans. (Signals)

PROJECT DESCRIPTION AND EXHIBIT
This project will Install pedestrian countdown signal heads and other pedestrian crosswalk enhancements including accessible pedestrian signals at signalized intersections, high visibility crosswalks, and pedestrian curb ramps.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

Page 57 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 23/24
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 50,000 $ $ - 50,000 $ $ - - $ - $
Design/PS&E 150,000 - 150,000 - - -
Right-of-Way - - - - - -
Construction 2,190,000 - 2,190,000 - - -
Const Admin/Inspect. 150,000 - 150,000 - - -
Total Cost: $ 2,540,000 $ 2,540,000 $ - $ - $ - $ -

FUNDING SOURCES
120 - Measure AA 350,000 $ $ - 350,000 $ $ - - $ - $
501 - Capital Reinvestment - - - - - -
Unfunded 2,190,000 - 2,190,000 - - -
- - - - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
As the City transitions from contract maintenance services to inhouse/City employee maintenance crews, an interim field operations center will be necessary for staff and maintenance
equipment/materials. This project will design and construct an interim field operations center on City property located between Wildomar Trail and the Wildomar Cemetery, just east of Palomar St.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
Interim Field Operations Center 098
Between Wildomar Trail/Gruwell St. (APN 376-060-028) Buildings

Page 58 of 68 ends

CITY OF WILDOMAR

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER: Unassigned
INITIATED: FY 23/24
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. 25,000 $ $ - 25,000 $ $ - - $ - $
Design/PS&E 150,000 - 150,000 - - -
Right-of-Way - - - - - -
Construction 1,500,000 250,000 250,000 - 1,000,000 -
Const Admin/Inspect. 150,000 25,000 25,000 - 100,000 -
Total Cost: $ 1,825,000 $ 450,000 $ 275,000 $ 1,100,000 $ - $ -

FUNDING SOURCES
115 - ARPA 550,000 $ $ 275,000 275,000 $ $ - - $ - $
461 - DIF Park Imp. 175,000 - 175,000 - - -
Unfunded 1,100,000 - - - 1,100,000 -
- - - - - -
- - - - - -

PROJECT DESCRIPTION AND EXHIBIT
In FY 22/23, the City Council authorized the purchase of 20-acres of undeveloped property for use as a passive park. The park will be improved in two phases: Phase 1 will provide the basic amenities and improvements needed to open the park to the public for access and use. Phase 2 will provide additional amenities to further enhance the park.

PROJECT

PHASE/TASK
TOTAL 5-
YEAR

PROJECT

PROPOSED BUDGET PROJECTED BUDGET

PROJECT SUMMARY
20-Acre Passive Park 099
Between Gierson Ave./Billie Ann Rd./Pasadena St./Palomar St. Parks

Page 59 of 68 ends

CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 60 of 68 ends

APPENDIX C

FUTURE PROJECTS NOT YET

BUDGETED OR SCHEDULED
(appendix continues on next page)
1230
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 61 of 68 ends

Table 14 - Future DIF Projects (Streets)
Project Segment Estimated Cost
Clinton Keith Rd. Palomar St. to City Limits $ 4,966,405 Bundy Canyon Rd. Orange St. to Monte Vista Dr. $ 1,456,852 Bundy Canyon Rd. Monte Vista Dr. to Sunset Ave. $ 8,430,701 Mission Trail Corydon Rd. to Palomar St. $ 3,262,755
Palomar St. Mission Trail to Jefferson St. $ 4,673,693
Wildomar Trail Palomar St. to Monte Vista Dr. $ 135,235 Washington Ave. Palomar St. to Southern City Limits $ 1,477,484 Bundy Canyon Rd. Mission Trail to Orange St. $ -
Corydon St. Grand Ave. to Mission Trail $ 4,181,185
Mission Trail Malaga Rd. to Corydon St. $ 2,409,701
Clinton Keith Rd. Grand Ave. to Palomar St. $ 1,267,309 Hidden Springs Rd. Clinton Keith Rd. to Stable Lanes Rd. $ 542,350 Monte Vista Dr. Bundy Canyon Rd. to Wildomar Trail $ 5,613,768 Wildomar Trail Monte Vista Dr. to Bayless Rd. $ 1,295,485 Inland Valley Dr. La Estrella St. to Bunny Trail $ 3,800,089 Bayless Rd. Wildomar Trail to La Estrella St. $ 3,574,876 Inland Valley Dr. Bunny Trail to Palomar St. $ 3,183,563 Prielipp Rd. Inland Valley Dr. to Eastern City Limits $ 1,537,678 Cottonwood Canyon Rd. Bundy Canyon Rd. to Northern City Limits $ 6,041,672 Grape St. Malaga Rd. to Lemon St. $ 2,439,592
Gruwell St. Palomar St. to Grand Ave. $ 901,266
La Estrella St. Crossroads St. to City Limits $ 1,509,498 Lemon St. Mission Trail to Grape St. $ 2,006,036
Wildomar Trail Palomar St. to Grand Ave. $ -
La Estrella St. Inland Valley Dr. to Crossroads St. $ 966,105 Salida del Sol La Estrella St. to Clinton Keith Rd. $ 1,030,260 Wildomar Trail Bayless Rd. to Wildomar Trail $ 1,589,736 Wildomar Trail Wildomar Trail to Brillante Dr. $ 636,051 Wildomar Trail Brillante Dr. to Clinton Keith Rd. $ 1,254,938 Lemon St. Grape St. to Gafford Rd. $ 1,206,800
Lost Rd. Gafford Rd. to City Limits $ 4,970,987
Palomar St. Corydon Rd. to Mission Trail $ 1,426,742
Grand Ave. Corydon Rd. to Clinton Keith Rd. $ 5,907,521 Orange St. Bundy Canyon Rd. to Gruwell St. $ 3,476,561
Gruwell St. Orange St. to Palomar St. $ 522,264
McVicar St. Palomar St. to Grand Ave. $ 684,709
La Estrella St. Susan Dr. to Inland Valley Dr. $ 529,406 Depasquale Rd. Bayless Rd. to Inland Valley Dr. $ 990,564 Stable Lanes Rd. Clinton Keith Rd. to Hidden Springs Rd. $ 840,741 1231
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 62 of 68 ends

Wyman Rd. Stable Lanes Rd./Hidden Springs Rd. to
City Limits
$ 2,844,697
Susan Dr. Wildomar Trail to La Estrella St. $ 1,238,363 Bunny Trail Inland Valley Dr. to Elizabeth Ln. $ 1,482,695 Yamas Dr. Clinton Keith Rd. to Prielipp Rd. $ 1,112,021 Elizabeth Ln. Clinton Keith Rd. to Prielipp Rd. $ 1,112,021 Jana Lane Clinton Keith Rd. to Prielipp Rd. $ 1,297,358 Total $ 99,827,733
Table 15 - Future DIF Projects (Intersections)
Location Total DIF Cost
Share
Bundy Canyon Rd. x Cottonwood Canyon
Rd.
$ 121,652
Bundy Canyon Rd. x Oak Circle Dr. $ 94,539
Bundy Canyon Rd. x Orange St. $ 18,926
Bundy Canyon Rd. x The Farm Rd. $ -
Clinton Keith Rd. x Arya Dr. $ 94,539
Clinton Keith Rd. x Elizabeth Ln. $ 94,539
Clinton Keith Rd. x Hidden Springs Rd. $ -
Clinton Keith Rd. x Inland Valley Dr. $ 148,764
Clinton Keith Rd. x Renaissance Plaza $ 94,539
Clinton Keith Rd. x Salida del Sol/Yamas
Dr.
$ 226,931
Clinton Keith Rd. x Stable Lanes Rd. $ 208,004
Grand Ave. x Corydon St. $ 18,926
Grand Ave. x Gruwell St. $ 37,853
Inland Valley Dr. x Prielipp Rd. $ 27,113
Inland Valley Dr. x Wyman Rd. $ 92,078
Palomar St. x Clinton Keith Rd. $ 244,176
Palomar St. x Gruwell St. $ 37,853
Palomar St. x Inland Valley/Washington $ 251,568
Palomar St. x Mission Trail $ -
Prielipp Rd. x Elizabeth Ln. $ -
Wildomar Trail x Bayless Rd. $ -
Total $ 1,812,000
1232
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 63 of 68 ends

Table 16 - Future DIF Projects (Bridges)
Project Total
Gruwell St. @ Murrieta Creek/Wildomar Channel $ 166,922 Wildomar Trail (Central St.) @ Murrieta Creek/Wildomar
Channel
$ 259,656
Wildomar Creek Culvert Extension @ McVicar St. $ 31,202 Penrose St. Class I Connection @ Wildomar Channel $ 333,844 La Estrella Street Bridge $ 6,360,937
Total $ 7,152,561
Table 17 - Future DIF Projects (Traffic Signal Improvements) Location Cross Street Type Improvement DIF Cost
Share
Bundy Canyon Almond St. New 4-way Install new 4-way $ 392,000 Bundy Canyon Harvest Way East New 4-way Install new 4-way $ - Bundy Canyon Harvest Way West New 4-way Install new 4-way $ - Bundy Canyon I-15 NB Existing 4-way Modify to Ultimate 4-way $ - Bundy Canyon I-15 SB Existing 4-way Modify to Ultimate 4-way $ - Bundy Canyon Mission Trail Existing 4-way Modify to Ultimate 4-way $ 294,000 Bundy Canyon Monte Vista Existing 3-way Complete - Maintain Existing
$ 262,000
Bundy Canyon Oak Circle Rd. New 3-way Install new 3-way $ 262,000 Bundy Canyon Orange Existing 4-way Modify to Ultimate 4-way $ 196,000 Bundy Canyon Orchard St. New 3-way Install new 3-way $ 262,000 Bundy Canyon Sellers Existing 3-way Complete - Maintain Existing
$ 294,000
Bundy Canyon Sunset New 4-way Install new 4-way $ 196,000 Bundy Canyon The Farm Existing 3-way Modify to Ultimate 3-way $ 262,000 Bundy Canyon W/o Tulip New 3-way Install new 3-way $ -
Clinton Keith Elizabeth New 4-way Install new 4-way $ 392,000 Clinton Keith Wildomar Trail
(George)
Existing 4-way Modify to Ultimate 4-way $ 196,000
Clinton Keith Grand Existing 3-way Modify to Ultimate 3-way $ 131,000 Clinton Keith Hidden Springs Existing 4-way Modify to Ultimate 4-way $ 98,000 Clinton Keith Inland Valley Existing 3-way Modify to Ultimate 4-way $ 294,000 Clinton Keith Palomar Existing 4-way Modify to Ultimate 4-way $ 392,000 Clinton Keith Renaissance Plaza Existing 4-way Modify to Ultimate 4-way $ 196,000 Clinton Keith Salida Del
Sol/Yamas Dr.

New 4-way Install new 4-way $ 392,000
Clinton Keith Stable Lanes New 4-way Install new 4-way $ 392,000 Clinton Keith Arya Existing 4-way Modify to Ultimate 4-way $ 196,000 1233
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 64 of 68 ends

Clinton Keith Smith Ranch Road Existing 4-way Complete - Maintain Existing
$ -
Corydon Union Exsiting 4-way Modify to Ultimate 4-way $ 196,000 Grand Corydon Existing 4-way Modify to Ultimate 4-way $ 294,000 Grand Gruwell New 4-way Install new 4-way $ 392,000
Grand Shiela New Round-About Install new Roundabout $ 486,000 Inland Valley Hidden Springs New 4-way Install new 4-way $ - Inland Valley Prielipp New 4-way Install new 4-way $ 392,000 Mission Trail Canyon Existing 4-way Modify to Ultimate 4-way $ 196,000 Mission Trail Corydon Existing 3-way Modify to Ultimate 3-way $ 196,500 Mission Trail Lemon Existing 3-way Modify to Ultimate 3-way $ 131,000 Mission Trail Malaga Existing 4-way Modify to Ultimate 4-way $ 196,000 Mission Trail Olive Existing 3-way Modify to Ultimate 3-way $ 262,000 Palomar Corydon Existing 4-way Modify to Ultimate 4-way $ 196,000 Palomar Gruwell Existing 4-way Modify to Ultimate 4-way $ 392,000 Palomar Inland Valley New 4-way Install new 4-way $ 392,000 Palomar McVicar New 4-way Install new 4-way $ 392,000
Palomar Mission Trail New 3-Way or
New Roundabout
Install new 3-way or new
Roundabout
$ 364,500
Prielipp Elizabeth New 4-way Install new 4-way $ 392,000 Prielipp Yamas (Salida Del
Sol)
New 3-way Install new 3-way $ 262,000
Wildomar Trail Bayless Rd. New 3-way or
Roundabout
Install new 3-way or new
Roundabout
$ 364,500
Wildomar Trail I-15 NB New 4-way Install new 4-way $ -
Wildomar Trail I-15 SB New 4-way Install new 4-way $ -
Wildomar Trail La Estrella New 4-way Install new 4-way $ 392,000 Wildomar Trail
(Central)
Grand Existing 4-way Modify to Ultimate 4-way $ 196,000 Wildomar Trail
(Central)
Palomar Existing 4-way Modify to Ultimate 4-way $ 392,000 Wildomar Trail
(Central)
Wild
Stallion/Cervera
Existing 4-way Modify to Ultimate 4-way $ 392,000
Wildomar Trail
(Central/Baxter)
Baxter Rd. New 3-way Install new 3-way $ -
Wildomar Trail
(Central/Baxter)
Monte Vista New 3-way Install new 3-way $ 262,000
Total: $12,229,500
1234
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 65 of 68 ends

Table 18 - Future DIF Projects (Drainage)
Facility Total Cost
Subregion A4 $ 4,092,000
Subregion M1 $ 353,000
Subregion M2 $ 5,586,000
Subregion M3 $ 2,466,000
Subregion M4 $ 1,940,000
Subregion M5 $ 143,000
Subregion S1 $ 2,591,000
Subregion S2 $ 4,503,000
Subregion S3 $ 12,481,000
Subregion S4 $ 2,434,000
Subregion S5 $ 19,588,000
Subregion S6 $ 2,856,000
Subregion W1 $ 5,109,000
Subregion W2 $ 828,000
Subregion W3 $ 785,000
Subregion W4 $ 1,988,000
Subregion W5 $ 6,544,000
Subregion W6 $ 1,260,000
Subregion W7 $ 4,886,000
Subregion W8 $ 1,106,000
Murrieta Creek Channel
Portion
$ 8,853,000
Murrieta MDP Line J $ 10,819,000
Wildomar MDP Lateral A $ 14,362,000
Wildomar MDP Lateral C $ 17,842,000
Wildomar MDP Lateral C-2 $ 1,176,000
Wildomar MDP Lateral C-3 $ 795,000
Wildomar MDP Lateral C
Basin
$ 14,878,000
Wildomar MDP Line D $ 303,000
Sedco MDP Line F-2 $ 782,000
Total: $ 151,349,000
1235
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 66 of 68 ends

Table 19 - Future DIF Projects (Trails)
Street or Location Segment Trail Type Total Cost
27 Acre Park Wildomar Trail to La
Estrella
Multi-Use Trail $ 235,458
Bryant St. Palomar St. to Grand Ave. Multi-Use Trail $ 550,374 Bundy Canyon Rd. Monte Vista Dr. to Eastern
City Limits
Class I - Multi-Use
Path
$ 2,318,130
Corydon St. Grand Ave. to Mission Trail Multi-Use Trail $ 1,632,775 Fredrick-O'NealSauerMonte Vista Dr. Loop to
Wildomar Trail
Multi-Use Trail $ 1,773,426
Gafford Rd. Vista del Agua to Lost
Rd./Lemon St.

Multi-Use Trail $ 911,174
Geirson Ave. Prairie Rd. to Wildomar
Channel (Lateral C, Stage 2)
Multi-Use Trail $ 84,642
Grand Ave. Corydon St. to Clinton
Keith Rd.

Multi-Use Trail $ 1,412,626
Grape St. City Limits/Malaga Rd. to
Lemon St.

Class I - Multi-Use
Path
$ 1,224,673
Gruwell St. Orange St. to Palomar St. Multi-Use Trail $ 166,131 Gruwell St. Palomar St. to Grand Ave. Class I - Multi-Use Path
$ 393,645
Gruwell St. Grand Ave. to Alameda del
Monte
Multi-Use Trail $ 155,939
Inland Valley Dr. La Estrella St. to Bayless Rd. Multi-Use Trail $ 882,636 La Estrella St. Crossroads St. to Eastern
City Limits
Class I - Multi-Use
Path
$ 699,813
La Estrella St. Susan Dr. to Inland Valley
Dr.

Multi-Use Trail $ 428,068
Lemon St. Mission Trail to Lost
Rd./Gafford Rd.

Multi-Use Trail $ 1,467,663
Lost Rd. Lemon St./Gafford Rd. to
Northern City Limits
Multi-Use Trail $ 1,773,426
McVicar St. Fortunado Way to Grand
Ave.

Multi-Use Trail $ 264,995
Mission Trail Lemon St. to Palomar St. Multi-Use Trail $ 1,452,375 Monte Vista Dr. Bundy Canyon Rd. to
Wildomar Trail
Multi-Use Trail $ 1,386,126
Murrieta Creek
Regional Trail
Wesley St. to Cole Canyon Class I - Multi-Use
Path
$ 2,478,504
Mustang Spirit Ln.

EVMWD Access
Road
Prielipp Rd. to Mustang
Spirit Ln.

Multi-Use Trail $ 172,361
1236
CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 67 of 68 ends

Oak Springs Ranch
Trail
Bunny Trail to Wildomar
Trail
Multi-Use Trail $ 353,956
Orange St. Bundy Canyon Rd. to
Gruwell St.

Multi-Use Trail $ 1,428,933
Palomar St. Corydon Rd. to
Washington Ave.

Multi-Use Trail $ 4,657,792
Penrose St. Bridge Darby St. to Front St. Class I - Multi-Use Path
$ 72,897
Raciti Rd. Bundy Canyon Rd. to Vista
del Agua
Multi-Use Trail $ 866,329
RCFC Bundy
Canyon Channel
Valley Vista Cr. to Monte
Vista Dr.

Multi-Use Trail $ 130,810
RCFC Wildomar
Channel - Lateral A
(Torbett Family
Trail)
West of Wilson St. to
Confluence with Wildomar
Channel (main line)
Multi-Use Trail $ 615,576
RCFC Wildomar
Channel - Lateral B
Grand Ave./Willow Bay Rd.
to Confluence with
Wildomar Channel (main
line)
Class I - Multi-Use
Path
$ 247,850
RCFC Wildomar
Channel - Lateral C,
Stage 2
Gierson Ave./South
Pasadena St. to Palomar St.

Multi-Use Trail $ 284,704
RCFC Wildomar
Channel - Stage 4
Union St./Sundrops Ln. to
Wesley St.

Class I - Multi-Use
Path
$ 145,794
Regency Heritage
Park
Trailwood Ct. to Union St. Class I - Multi-Use
Path
$ 80,187
Starbuck Cr. Palomar St. to Murrieta
Creek
Multi-Use Trail $ 336,339
Starbuck Cr.

Extension
Starbuck Cr. to Southern
City Limit
Multi-Use Trail $ 186,212
Sunset Ave.

Extension
Bundy Canyon Rd. to La
Estrella St.

Class I - Multi-Use
Path
$ 2,041,121
Susan Dr. Wildomar Trail to La
Estrella
Multi-Use Trail $ 542,220
TR 23111-1
Drainage Channel
Palomar St. to Grand Ave. Multi-Use Trail $ 415,514
Tulip Ln. Extension Bundy Canyon Rd. to
Oneal Rd.

Multi-Use Trail $ 400,125
Wesley St. Grand Ave. to Laguna Rd. Multi-Use Trail $ 857,156 Wildomar Trail Palomar St. to Clinton
Keith Rd.

Multi-Use Trail $ 3,375,625
Total: $ 38,904,103
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CITY OF WILDOMAR CIP – FY 23/24 THROUGH FY 27/28

Page 68 of 68 ends

Table 20 - Future DIF Projects (Police and Fire Department) Project Estimated Cost
Police Facilities (5,392 SF) $ 3,046,252
Existing and Future Fire Stations $ 11,066,900
Existing Fire Apparatus and Vehicles $ 335,340
Future Fire Apparatus and Vechiles $ 849,000
Total Facility/Equipment Cost $ 15,297,492
Table 21 - Future DIF Projects (Parks)
Project Estimated Cost
Park Lands $ 6,027,372
Park Improvements $ 60,273,720
Total Cost $ 66,301,092
Table 22 - Future DIF Projects (Municipal Facilities)
Project Estimated
Cost
Community Center $ 10,510,500
City Hall $ 10,580,000
Animal Shelter $ 1,555,383
Corporation Yard $ 2,390,000
Total Cost $ 25,035,883
1238
1239
“The City of Wildomar will be a safe and active
community with responsible growth and quality
infrastructure while keeping a hometown feel.”
City Council Adopted Vision Statement
February 2017
1240
Capital
Improvement
Program
FY 2023-2024 through
FY 2027-2028
June 14, 2023
1241
CIP Project Categories
Roads
(Transportation)
Signals
(Transportation)
Maintenance
(Transportation)
Drainage Trails
Parks Buildings Cemetery Other
1242
Projects by Category
15 8
5 4
3 3 3
1 1
0 2
4 6
8 10
12 14
16 Number
Trans. (Roads) Drainage Trans. (Signals) Parks Buildings Trails Trans. (Maint.) Cemetery Other 1243
CIP Fund
Sources
ARPA
Measure AA
Measure A
Grants:
• Local (SB 821, MSRC)
• State (HSIP, ATP)
• Federal (CDBG, FHWA)
AQMD
LLMD
Cemetery CIP
Development Impact Fees (DIF)
RMRA (SB 1)
Riverside County Flood Control
TUMF
Other/Developer Cash-in-Lieu/Fair Share
1244
FY 23/24 Funding (including unfunded)
115 - ARPA
1%
120 - Meas AA
15%
201 - Meas A
3% 203 - TDA Fund
1%
210 - AQMD

0.15%
251 - LLMD 89-1C
1%
302 - Cemetery CIP
2%
410-490 - DIF
12%
500 - RMRA (SB1)
7%
503 - TUMF
42%
505 - MSRC

0.08%
506 - HSIP
2%
Other (including
unfunded)
14%
1245
FY 23/24 Funding (excluding unfunded)
115 - ARPA

1.06%
120 - Meas AA

17.09%
201 - Meas A

3.08%
203 - TDA Fund

1.67%
210 - AQMD

0.17%
251 - LLMD 89-1C

1.48%
302 - Cemetery CIP

2.70%
410-490 - DIF

13.74%
500 - RMRA (SB1)

7.94%
503 - TUMF

48.46%
505 - MSRC

0.10%
506 - HSIP

2.50%
1246
FY 24/25 Funding (including unfunded)
115 - ARPA

0.5%
120 - Meas AA

1.9%
201 - Meas A

1.4% 203 - TDA Fund

0.7% 282 - CDBG

0.2%
302 - Cemetery CIP

0.1%
410-490 - DIF

16.5%
500 - RMRA (SB1)
502 - RCFC 3.3%

0.2%
503 - TUMF
507 - Misc. State Funds 11.9%

2.6%
Other (including
unfunded)

60.6%
1247
FY 24/25 Funding (excluding unfunded)
115 - ARPA

1.3%
120 - Meas AA

4.8% 201 - Meas A

3.6%
203 - TDA Fund

1.8%
282 - CDBG

0.6%
302 - Cemetery CIP

0.4%
410-490 - DIF

41.8%
500 - RMRA (SB1)

8.3%
502 - RCFC

0.4% 503 - TUMF

30.4%
507 - Misc. State Funds

6.7%
1248
Two-Year CIP
Budget
FY 23/24 through
FY 24/25
Fund Source FY 23/24 FY 24/25
115 - ARPA $ 275,000 $ 275,000
120 - Meas AA $ 4,430,750 $ 1,050,000
200 - Gas Tax $ - $ -
201 - Meas A $ 799,546 $ 783,750
203 - TDA Fund $ 432,500 $ 381,325
210 - AQMD $ 45,000 $ -
251 - LLMD 89-1C $ 385,000 $ -
282 - CDBG $ - $ 125,000
302 - Cemetery CIP $ 700,000 $ 82,000
410-490 - DIF $ 3,562,745 $ 9,063,962
500 - RMRA (SB1) $ 2,058,954 $ 1,800,000
501 - Capital Reinvest. $ - $ -
502 - RCFC $ - $ 87,500
503 - TUMF $ 12,564,278 $ 6,581,412
505 - MSRC $ 25,000 $ -
506 - HSIP $ 648,100 $ -
507 - Misc. State Funds $ - $ 1,454,000
Other (including unfunded) $ 4,221,927 $ 33,410,051
Total $ 30,148,800 $ 55,094,000
1249
Completed Projects
(FY 22/23)
• CIP 039 – Line F Storm Drain (Bundy Canyon Rd.)
• CIP 051-1 – Local Road Safety Plan (LRSP)
• CIP 059 – Palomar/Clinton Keith Rd. Sidewalks, Trails, Bike Lanes
• CIP 077 – Sellers Rd./Bundy Canyon Rd. Traffic Signal • CIP 078 – Monte Vista Dr./Bundy Canyon Rd. Traffic
Signal
1250
Project Highlights
(FY 23/24)
• CIP 057/058 – Road Rehab and Slurry Seal Project
• CIP 028-2 – Palomar St. Widening Project (Phase 2)
• CIP 067-1 – Cemetery Improvements (Phase 1)
• CIP 098 – Interim Field Operations Center
• CIP 099 – 20-Acre Passive Park Opening
• CIP 025-1 – Clinton Keith Rd. Widening
• CIP 026-2 – Bundy Canyon Rd. Improvement
Project (Segment 2)
1251
Questions
1252

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.3
Meeting Date: June 14, 2023
SUBJECT: Bingo Ordinance Amendment
SUBMITTED BY: Thomas D Jex
ACTION:

1. Introduce and approve the first reading of an Ordinance entitled:

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING ORDINANCE AMENDMENT NO. ___ TO AMEND CHAPTER 5.04 (BINGO) OF

WILDOMAR MUNICIPAL CODE

2. Find that the ordinance amendment is exempt from CEQA under CEQA Guidelines sections 15378 and 15378(b)(2).

BACKGROUND:

In 2008, City Council adopted Chapter 5.04 of the Wildomar Municipal Code which authorizes qualified organizations to conduct bingo games pursuant to Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code.

Chapter 5.04 requires qualified organizations to file an application for a six-month bingo license with the Chief of Police. In contrast, the term of a bingo license under Riverside County Ordinance No.558 is twelve months.

Under Chapter 5.04, in addition to paying a $50 license fee, licensees must pay one percent of the monthly gross receipts over $5,000.00 derived from bingo games to the Chief of Police of the City at the end of each month during which bingo games are conducted. Chapter 5.04 also limits the total value of prizes awarded in a bingo game to $250. In contrast, under Section 326.5(n) of the Penal Code, the total value of prizes available to be awarded during a bingo can be $500.

DISCUSSION:

The Ordinance amendment modifies Chapter 5.04 by extending the bingo license from six 1253
month to twelve months and authorizes the City Manager to review and issue bingo licenses, rather than the Police Chief. Additionally, this Ordinance amendment removes the requirement that licensees pay one percent of the monthly gross receipts over $5,000.00 derived from bingo games to the Chief of Police and increases the total value of prizes available to be awarded during a bingo from $250 to $500.

ATTACHMENTS:

1. Ordinance - Chapter 5.04 BINGO
1254
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING ORDINANCE AMENDMENT NO. ___ TO
AMEND CHAPTER 5.04 (BINGO) OF WILDOMAR MUNICIPAL CODE
WHEREAS, the City Council of the City of Wildomar, pursuant to police powers delegated to it by the California Constitution has the authority to enact legislation that promotes the public health, safety and general welfare of its residents; and WHEREAS, the City of Wildomar (“City”) has the authority to adopt an ordinance authorizing the game of bingo for charitable purposes in accordance with Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code; and WHEREAS, the City desires to make amendments to Chapter 5.04 of the Wildomar Municipal Code to extend bingo permits to twelve months, authorize the City Manager to review and issue bingo licenses, increase the total value of prizes available to be awarded during a bingo game, and remove the requirement that licensees pay one percent of the monthly gross receipts over $5,000.00; and
WHEREAS, these amendments are authorized under the authority of Section 326.5 of the Penal Code; and

THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:

SECTION 1. AMENDMENT OF CHAPTER 5.04 OF THE WILDOMAR

MUNICIPAL CODE
A. Section 5.04.010 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.
““Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.”
““City Manager” means the City Manager for the City of Wildomar or designee. ““Minor” is any person under the age of 18 years.
1255
““Qualified organization” is a mobilehome park association, a senior citizens organization, or an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code.”
B. Section 5.04.040 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“Applications for a license or renewal thereof shall be filed with the City Clerk and approved by the City Manager on forms prescribed by the City Manager and shall be signed under penalty of perjury. Such applications shall be filed:
“A. Not less than 30 days prior to the proposed date of the bingo game or games; “B. Not later than 30 days after obtaining written verification from the Planning Department that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities on the basis of not less than one parking space for each two seats; one seat is defined as an area of seven and one-half square feet; and “C. Not later than 30 days after obtaining written verification from the Building and Safety Department that the operation of such game or games is in compliance with Title 15 and Chapter 8.28.”
C. Section 5.04.050 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“A. The term of a bingo license is twelve months and may be renewed for a period of twelve months any time within one year from its date of issuance, upon application therefor.
“B. The fee for an initial bingo license shall be $50.00 and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee of $50.00 which has been paid at least 30 days prior to the expiration of the term of the current license and provided the applicant is in good standing under the current license.

When the renewal fee is not paid at least 30 days prior to expiration of the current license, an additional late fee of $25.00 shall be paid.

D. Section 5.04.060 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“A. Upon receipt of an application for a license, along with the appropriate fee, the City Manager shall investigate the truth of the matters set forth in the application and the character of the applicant and may examine the premises to be used for the bingo game or games.
“B. The City Manager may make inquiries to any office or department of the City, and to any County, State of California, and federal agencies which the City Manager deems essential in order to carry out a proper investigation of applicant and the organization. 1256
“C. Upon approval of any application for a bingo license, the City Manager shall issue the license.”
E. Section 5.04.080 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“A. A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization.
“B. No minors shall be allowed to participate in any bingo game. “C. All bingo games shall be open to the public, not just to the members of the qualified organization.
“D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Such organization shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game. This subsection does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game.
“E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter.
“F. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.
“G. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds shall be distributed to organizations that are tax exempt under Section 23701(d) of the Revenue and Taxation Code to be used for charitable purposes as above defined, except as follows:
1257
“1. Such proceeds may be used for prizes.
“2. A portion of such proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $2,000.00 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. “The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the City shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. At the end of any month during which any bingo game is conducted, the licensee shall file with the City Manager a full and complete financial amount remaining or distributed for charitable purposes.
“3. Such proceeds may be used to pay license fees.
“H. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. “I. The total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held.” F. Section 5.04.100 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“A. An application for a bingo license may be denied for any of the following findings:
“1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter;
“2. That the applicant, or any agent or representative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;
“3. That the applicant, or any of its members, is not of good moral character. If the applicant has, or any of its members have, been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that the applicant is not of good moral character; or
“4. That the applicant is unfit to conduct bingo games. “B. A bingo license may be suspended or revoked for any of the following findings:
1258
“1. That the licensee has, or any of its members have, violated any of the provisions of this chapter; or
“2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied.
“C. If, after an investigation, the City Manager determines that a bingo license should be suspended or revoked or that an application for such license be denied, they shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested to the licensee’s or applicant’s last address as provided in the application.
“D. Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or if affirmed on appeal by the City Council as provided in Section 5.04.110, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Section 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.”
G. Section 5.04.110 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“A. Any person who has had an application for a bingo license denied by the City Manager, or who has had a bingo license suspended or revoked by the City Manager may appeal the decision by filing with the City Clerk, within 15 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The Clerk shall give written notice of the time and place of the hearing to the appellant.
“B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.” SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Adoption of this ordinance is not a project within the meaning of section 15378 of the CEQA guidelines because it will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and it involves continuing administrative activities under Section 15378(b)(2) of the CEQA Guidelines.
1259
SECTION 3. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 5. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).

INTRODUCED AND APPROVED FOR FIRST READING this 14th, day of June, 2023. ___________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
1260

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.4
Meeting Date: June 14, 2023
SUBJECT: CR&R Wildomar Service Update
SUBMITTED BY: Daniel A York
PREPARED BY: Daniel A York
ACTION:

Receive and File
SUMMARY:

CR&R will provide a discussion about service transition and SB 1383 compliance for the first six months of providing citywide service.

DISCUSSION:

Slide presentation by CR&R
FISCAL IMPACT:

None
ATTACHMENTS:

CRR Wildomar Service Update June 2023 (FINAL).pptx
1261
W i l d om a r S e r v i c e U p d a t e
June 14, 2023
1 1262
• Service Discussion
• Equipment Update
• Cart Rollout
• Social Media
• Next Steps
• SB 1383 Update
• Compliance Update of Acquired Area
• SB 1383 requirements
A g e n d a
1263
N a t i o n w i d e W a s t e I n d u s t r y C h a l l e n g e s 1264
• Service Delays – Why have they occurred?
• Staffing Shortages
• +40% turnover in drivers, mechanics and CSR’s
• Reasons vary
• Work is too hard
• Hours are too long
• Moving out of state
• Changing Careers
• Aging workforce (retirements)
• Life/Work Balance
• BOTTOM LINE: Labor Force has CHANGED
• Different perspectives on work ethic
• Different value systems
• Much more difficult to find qualified personnel
• Recruitment efforts continue until full staffing is reached S e r v i c e C h a l l e n g e s
1265
Service Delays (Cont)
• Equipment Update
• 18-24 month delay in truck order deliveries
• 200 truck order reduced by truck vendor
• Stop and start…
• Two new trucks delivered to Wildomar in February
• Truck parts are also in short supply, reducing fleet availability • All this leads to equipment shortages and route impacts • Social Media (our favorite subject…)
• We love social media (SM)… 
• We cannot guide ourselves by SM posts
• Many are incorrect
• Many are inconsistent
• Many lack the facts
• Many are just plain false
• Call backs are being completed
S e r v i c e C h a l l e n g e s
1266
• New Cart Rollout
• Over 12,000 new carts are being rolled out to east side of Wildomar • All new carts are now in our possession
• Delivery personnel are assigned full time
• System in place to remove old carts as new carts are set • Expect completion by the end of the summer
• Truck Leaks
• Complaints have been mitigated
• New Inspection Program in place
• GOAL: Mitigate and prevent occurrence vs. reacting to occurrence • Route managers, safety manager, drivers and maintenance regularly inspect vehicles
• Have seen a +60% reduction in “truck leak” calls
• Our goal is 0% calls regarding leaks!
O t h e r U p d a t e s
1267
• Improvements in Place
o Residential re-route has been completed
o New residential routes have been added
o Permanent personnel have been added to Cart Rollout
o Delivery personnel are assigned full time to mitigate mistakes
o Cut down on cart issues
o On-going and active pursuit of drivers and mechanics
o Additional supervisory personnel hired to oversee various projects
o Improved truck inspection program is yielding results and minimizing leaks
o New trucks allocations expected in the near future
N e x t S t e p s
1268
• West side of freeway is fully compliant with
only one customer left to sign up.
• East side of freeway is currently being
worked on in order to bring them up to full
compliance:
• Outreach completed to all customers
o Non-Compliant Recycling customers
o From 22.9% to 9.84%
o Non-Compliant Organics customers
o From 30.36% to 16.75%
• Full compliance by Q4 2023
S B 1 3 8 3 C om p l i a n c e U p d a t e
1269
Important Information
• SB 1383 requires ALL cities and counties in
California to reduce organic disposal into our
landfills
• Removing organics reduces methane production in
landfills, an extremely detrimental green house gas
• All Wildomar residential and commercial customers
are required by Law to comply with SB 1383
regulations. Residential customers will see NO
INCREASE for SB 1383 compliance.
• All organics (food and yard waste) is being
processed at CR&R’s Anaerobic Digester in Perris
• CR&R is creating two products from organics:
• Renewable Natural Gas (RNG) to fuel our
trucks
• Compost for farms and gardens
S B 1 3 8 3 C om p l i a n c e R e v i e w
1270
Th ank Y ou !
10 1271

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.5
Meeting Date: June 14, 2023
SUBJECT: Consideration of Amendment to Franchise Agreement with CR&R Incorporated for the Collection and Transportation of Solid Waste, Recyclable Materials, Organic Waste, and
Construction and Demolition Debris (Collection Services) and Other Specified Services
SUBMITTED BY: Daniel A York
PREPARED BY: Daniel A York
ACTION:
1) Consider and approve an amendment to the franchise agreement between the City of Wildomar and CR&R Incorporated for collection and transportation of solid waste, recyclable materials, organic waste, and construction and demolition debris and other specified services; 2) Find that approval of the proposed amendment to the franchise agreement is exempt from the California Environmental Quality Act under CEQA Guidelines Sections 15301 and 15061(b)(3); and
3) Authorize the City Manager to execute the proposed amendment to franchise agreement.

BACKGROUND:

On October 26, 2022, the City Council approved a franchise agreement between CR&R Incorporated (“CR&R”) for the collection and transportation of solid waste and other specified services. Previously, solid waste collection services in the City were provided by both CR&R and Waste Management, with each franchisee servicing approximately half of the City. Under the October 26, 2022, franchise agreement, CR&R agreed to continue to provide solid waste and other specified services for the City and assume all the rights and responsibilities previously held by Waste Management for its franchise area within Wildomar. The result being that CR&R became the exclusive provider of solid waste handling services within the City.

Under the franchise agreement, the parties agreed that all rates would remain the same until June 30, 2023, and that commencing on July 1, 2023, the maximum rates as set forth in the 1272
agreement, may be adjusted annually.

Under the franchise agreement CR&R also agreed to continue the existing franchise fee equal to eight (8%) percent of CR&R’s annual gross receipts, less disposal costs, between December 1, 2022, and July 1, 2023, and commencing July 1, 2023, the franchise fee would increase to ten percent (10%) of CR&R’s annual gross receipts, less disposal costs.

The City and CR&R have agreed to delay the increase in rates to customers and to the franchise fee to be collected.

DISCUSSION:

As CR&R continues to transition the portion of the City previously serviced by Waste Management, the City and CR&R had determined that it would be in the interest of both parties to delay any increase in the rates and franchise fee by six months.

Under the proposed amendment to the franchise agreement, CR&R will delay any increase in the rates to January 1, 2024. With the January 1, 2024 rate change, CR&R will be permitted to increase the rate in accordance with the terms of the franchise agreement and include an additional adjustment as if the rate adjustment had taken place on July 1, 2023. CR&R will be permitted increase rates again on July 1, 2024, in accordance with the franchise agreement, and annually thereafter.

Further, the parties have similarly agreed to delay the increase in the franchise fee to January 1, 2024. Because the franchise fee paid by CR&R is based on CR&R’s gross receipts, and because the rate adjustment under the proposed amendment will result in CR&R receiving payments from customers as if the rate adjustment took place on July 1, 2023, as originally contemplated by the parties, there will be no change in the total franchise fee ultimately received by the City.

The proposed amendment does not impact the level or type of service provide by CR&R under the franchise agreement.

FISCAL IMPACT:

None. Because the franchise fee paid by CR&R is based on CR&R’s gross receipts, and because the rate adjustment under the proposed amendment will result in CR&R receiving payments from customers as if the rate adjustment took place on July 1, 2023, as originally contemplated by the parties, there will be no change in the total franchise fee ultimately received by the City.

ATTACHMENTS:

1. Amendment to Franchise Agreement
1273
FINAL VERSION Page 1 of 5
4890-2750-5252 v4

FIRST AMENDMENT TO AGREEMENT

BETWEEN

CITY OF WILDOMAR
AND

CR&R INCORPORATED
FOR

THE COLLECTION AND TRANSPORTATION OF SOLID WASTE,

RECYCLABLE MATERIALS, ORGANIC WASTE, AND

CONSTRUCTION AND DEMOLITION DEBRIS (COLLECTION

SERVICES) AND OTHER SPECIFIED SERVICES
DATED: JUNE 14, 2023
1274
4890-2750-5252 v4
FINAL VERSION Page 2 of 5

AGREEMENT
This First Amendment to Agreement (“First Amendment”) is entered into as of June 14, 2023 by and between the City of Wildomar, a municipal corporation and general law city (“City”) and CR&R Incorporated, a California corporation (“Contractor”) (collectively, the “Parties”).

RECITALS
A. On October 26, 2022 the City and Contractor entered into that Agreement Between City of Wildomar And CR&R Incorporated for the Collection and Transportation Of Solid Waste, Recyclable Materials, Organic Waste, and Construction and Demolition Debris (Collection Services) and Other Specified Services (“Agreement”).

B. The Parties wish to amend the Agreement to adjust the timeline associated with rate and franchise fee increases originally set forth in the Agreement.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. Amendments
(a) Section 11.3 of the Agreement is amended and restated in its entirety as follows:
“11.3 AB 939 and SB 1383 Support and Outreach Fees
Commencing January 1, 2024, City intends to levy a fee on all Customers receiving Solid Waste Handling Services from Contractor in amounts approved, from time to time, by Resolution of the City Council of City intended to defray its administrative costs related to City support and outreach, and use of City staff or third parties to ensure, document and determine City compliance with and enforcement of AB 939, SB 1383and other Applicable Law (the “AB 939 Support and Outreach Fee”). The AB 939 Support and Outreach Fee shall be adjusted annually by the same rate adjustment methodology provided in Section 24 of this Agreement. Contractor shall include the AB 939 Support and Outreach Fee in its monthly billings to Customers and remit all amounts collected to City on a monthly basis. The City reserves the right to subsequently impose additional fees to defray costs of services as may be authorized by law.” (b) Section 11.4.2 of the Agreement is amended and restated in its entirety as follows:
“11.4.2. Commencing January 1, 2024, City intends to levy a fee on all Customers receiving Solid Waste Handling Services from Contractor in amounts approved, from time to time, by Resolution of the City Council of City intended to defray its cost to provide additional necessary street sweeping services in areas not previously covered by Contractor (“Street Sweeping Fee”).

The Street Sweeping Fee shall be adjusted annually by the same rate adjustment methodology provided in Section 24 of this Agreement. Contractor shall include the Street Sweeping Fee in its monthly billings to Customers and remit all amounts collected to City on a monthly basis.” 1275

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4890-2750-5252 v4
(c) Section 11.5 of the Agreement is amended and restated in its entirety as follows:
“11.5 Franchise Fee
Commencing January 1, 2024, Contractor shall pay to City a franchise fee equal to ten percent (10 %) of Contractor’s annual Gross Receipts each year, or a portion thereof, less disposal costs, during the entire Term of this Agreement (the “Franchise Fee”). Said Franchise Fee shall be paid to City monthly on or before the thirtieth (30th) day of each month. Should any such due date fall on a weekend or holiday in which the City’s business offices are closed, payment shall be due on the first day thereafter in which the City’s business offices are open. The amount of each payment shall be equal to ten percent (10%) of Contractor’s Gross Receipts in the calendar month preceding the date payment was due. The Franchise Fee due hereunder shall apply to Gross Receipts of Contractor collected after the expiration of the Term hereof relating to Contractor’s performance during the Term hereof. Franchise Fees shall be accompanied by a statement certified by an officer of Contractor attesting to the accuracy of the amounts paid, and setting forth the basis for their calculation in a manner acceptable to City. The Contractor and City agree that the Franchise Fee and other payments in this Section 11 are negotiated amounts that are reasonably related to the value of the rights granted to Contractor under this Agreement. City reserves the right to increase the Franchise Fee from time to time should City’s City Council determine that such an increase is necessary to further defray costs incurred by the City in the administration of this Agreement or the costs referenced in sections 11.2 and 11.3 above. Contractor shall be entitled to an increase in the maximum rates set forth in Exhibit A in the amount necessary to pass through any increase in the Franchise Fee, after the date hereof, to the Customers.” (d) Section 24.3 of the Agreement is amended and restated in its entirety as follows:
“24.3 Annual Consumer Price Index Adjustments
Contractor shall provide City and shall attach to this Agreement a rate sheet for all services in all areas of the City that will become effective January 1, 2023, and remain effective until January 1, 2024, with the maximum Residential Service Rate not to exceed thirty-one dollars and 39 cents ($31.39) per month during this period.

Except as otherwise provided herein, commencing on January 1, 2024, the maximum rates as set forth in Exhibit A may be adjusted, and such rates may be adjusted again on July 1, 2024, and annually thereafter on each subsequent July 1st during the Term hereof (the “Adjustment Dates”), by multiplying each rate by the greater of two percent (2%) or the percentage equal to the change in the Consumer Price Index (“CPI”) for All Urban Consumers, not seasonally adjusted, all items index (CPI-U) – Riverside-San Bernardino-Ontario average for the thirty-six (36) month period ending on the date of December 31 immediately prior to the applicable Adjustment Date.

Contractor may include an additional rate adjustment solely for the January 1, 2024, rate adjustment in an amount necessary to compensate Contractor as if the rate adjustment taking place on January 1, 2024, had taken place on July 1, 2023 as originally contemplated by the Parties (“True-up Adjustment”). The True-up Adjustment shall not be charged after June 30, 2024. At least ninety (90) days prior to charging Customers any rate increased due to an increase in the CPI, Contractor shall obtain the City Manager’s approval to do so. The City Manager shall approve 1276

Page 4 of 5 ends

4890-2750-5252 v4
such a request unless it is determined, based upon substantial evidence, that the requested adjustment to the maximum rate does not meet the requirements as set forth herein.”

2. General Provisions
(a) The Parties acknowledge the above recitals are true and correct and incorporate them herein as if they were fully restated.
(b) Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. (c) Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. (d) Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant. (e) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
(f) References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. [SIGNATURES ON FOLLOWING PAGE]
1277

Page 5 of 5 ends

4890-2750-5252 v4
“City”

CITY OF WILDOMAR
By:

Joseph Morabito
Mayor
By:

Dan York
City Manager
ATTEST:

By:

Janet Morales
City Clerk
APPROVED AS TO FORM:

By:

Thomas D. Jex
City Attorney
“Contractor”

CR&R INCORPORATED
By:

Clifford Ronnenberg
Chairman and CEO
By:

David Ronnenberg
President and Secretary
1278

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.6
Meeting Date: June 14, 2023
SUBJECT: Purchase and Sale Agreement with CAFH Order of Wildomar, Inc. to purchase two properties located near 21776 Palomar Street, one of which is identified as Assessor Parcel Number 380-050-025 and the other is a portion of the parcel identified as Assessor Parcel Number 380-050-027
SUBMITTED BY: Daniel A York
PREPARED BY: Thomas D Jex
ACTION:

Adopt Resolution No. 2023 - _____ which:
(1) Authorizes the City Manager to sign the Purchase and Sale Agreement and all ancillary agreements and documents related to, and take any other actions necessary to complete, the purchase of two properties located near 21776 Palomar Street, one of which is identified as Assessor Parcel Number 380-050-025 and the other is a portion of the parcel identified as Assessor Parcel Number 380-050-027. Ancillary documents will include without limitation the Grant Deed, Grant of Access Easements, and Water License Agreement (“Recorded Documents”), and a License Agreement. Necessary actions to complete the purchase will include without limitation signing certificates of acceptance of the interests conveyed by the Recorded Documents, signing escrow instructions, and depositing into escrow the purchase price and independent consideration for a due diligence period; (2) Finds that the approval of the Purchase and Sale Agreement is exempt from the California Environmental Quality Act for the following reasons:
• The Purchase and Sale Agreement itself is not a project subject to CEQA under CEQA Guidelines Section 15378 and it falls under the common sense exemption of CEQA Guidelines Section 15061(b)(3) because the Agreement simply preserves the status quo on the subject properties. No physical environmental changes and/or no significant environmental impacts will result from the City’s approval of the Purchase and Sale Agreement and therefore such approval is not a project subject to CEQA and/or is exempt from CEQA pursuant to the 1279
common sense exemption.
• The City is merely designating the Property as a preferred site for a potential park and/or civic building and parking facilities and restrooms to support either potential use pursuant to CEQA Guidelines Section 15004(b)(2)(A). Consistent with CEQA Guidelines Section 15004(b)(2), nothing in the Purchase and Sale Agreement commits the City to develop or use the subject properties at all, let alone in a way that would limit the City’s choice of alternatives or mitigation measures that the City’s future CEQA review document may identify as being necessary to avoid or lessen significant environmental impacts.

RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE

AGREEMENT AND OTHER RELATED DOCUMENTS FOR PARCELS OF REAL

PROPERTY
DISCUSSION:

City proposes to enter into a Purchase and Sale Agreement with CAFH Order of Wildomar, Inc. (“CAFH”) to purchase two parcels of vacant property located near 21776 Palomar Street.

CAFH owns a piece of property located at 21776 Palomar Street and identified as Assessor Parcel Number 380-050-027, which is improved with a school and private residences for members of the CAFH religious order. This property is referred to as the “Anne Sullivan School Property.” On the other side of the flood control channel, there is a vacant parcel identified as Assessor Parcel Number 380-050-025 (“Vacant Parcel”). CAFH also owns the Vacant Parcel and currently uses two bridges- a vehicular bridge and a pedestrian bridge- to cross the flood control channel and access the Vacant Parcel.

The City proposes to purchase the Vacant Parcel and a 21,511 square foot, undeveloped portion of the Anne Sullivan School Property adjacent to the flood control channel (the “Vacant Sliver”). The proposed purchase price is $2,104,000. The Vacant Parcel is the proposed site for a possible future park and/or civic building. The Vacant Sliver parcel is the proposed site for a possible future small parking lot for the possible future park and/or civic building contemplated for the Vacant Parcel. As part of its efforts to study and further consider such potential developments on the Vacant Parcel and the Vacant Sliver, the City plans to seek approval from Riverside County Flood Control District to construct a third, new pedestrian bridge to allow pedestrians to access the Vacant Parcel from the proposed parking lot on the Vacant Sliver.

CAFH is also granting City a short-term license and two (2) easements. Specifically, City is acquiring a water license to temporarily use CAFH’s Water Line to irrigate the Vacant Parcel for a period of twelve (12) months, an access easement consisting of a permanent emergency access easement and a three-year easement for secondary access to the Vacant Parcel for 1280
maintenance purposes, and CAFH’s existing easement that allows CAFH to cross the flood control channel by the vehicle bridge. The water license is needed because the Vacant Parcel has no utilities except for water, which is supplied by a reclaimed water line that is located adjacent to the Vacant Sliver and parallel to the flood control channel (“Water Line”). The Water Line also supplies water to the Anne Sullivan School Property, so the water license requires City to coordinate with CAFH about the irrigation methods City will use and the dates and times City plans to water the Vacant Parcel.

CAFH is responsible for maintaining the Water Line and any water facilities on CAFH’s remaining property and City will be responsible for maintaining water facilities on the Vacant Parcel. The purchase price includes $4,000 for the City’s share of the water bills during the one (1) year term. The right to cross the vehicle bridge is documented in an easement that will also be conveyed to City as part of the purchase. A second access easement is needed to allow for permanent emergency access and temporary access from Palomar Street for maintenance purposes because the vehicle bridge is only accessible by a drive aisle located on the Anne Sullivan School Property. CAFH will be entirely responsible for the maintenance costs for this secondary/emergency access easement.

Additionally, City is granting CAFH a license to allow them to continue using the Vacant Parcel for walking purposes for the later of 3 years or until the Vacant Parcel is developed and open to the public. To maintain CAFH’s privacy, secure CAFH’s remaining property, and secure the vehicle bridge, City has also agreed that within 3 years of close of escrow it will 1) install a screened, chain link fence to separate the Vacant Sliver from the Anne Sullivan School Property, 2) install a locked gate on the City side of the vehicle bridge and 3) install a locked gate south of the existing pedestrian bridge to prevent pedestrians accessing the Vacant Parcel from the senior center on Pasadena Street from continuing south in the flood control channel, which is immediately adjacent to one of CAFH’s residences.

FISCAL IMPACT:

The purchase price is $2,104,000. Funds have already been appropriated for the purchase out of the Park Acquisition Development Impact Fee Fund.

ACCOUNT CODE:
460-410-4300-58140
ATTACHMENTS:

1. Resolution
Exhibit A to Resolution: Purchase and Sale Agreement
Exhibit B to Resolution: Certificate of Acceptance
1281
RESOLUTION NO. 2023 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER

TO EXECUTE A PURCHASE AND SALE AGREEMENT AND

OTHER RELATED DOCUMENTS FOR PARCELS OF REAL

PROPERTY
WHEREAS, the City desires to purchase property located near 21776 Palomar Street and identified as Assessor Parcel Number 380-050-025 and a portion of Assessor Parcel Number 380-050-027 (the “Property”);
WHEREAS, the City Manager and CAFH Order of Wildomar, Inc. have negotiated the terms of an Agreement of Purchase and Sale and Joint Escrow Instructions (“Purchase and Sale Agreement”);
WHEREAS, the Purchase and Sale Agreement provides the City with a forty-five (45) day due diligence period to inspect and review the condition of the Property; WHEREAS, the City is required to post a $50,000 deposit, in cash or by a certified cashier’s check or wire transfer, into an escrow account. The deposit will be applied to the final purchase of the Property unless the City terminates the Purchase and Sale Agreement before the end of the due diligence period;
WHEREAS, the City is also required to post a $100 deposit into an escrow account, which is independent consideration for the due diligence period and is nonrefundable to City;
WHEREAS, upon the expiration of the due diligence period, City must deposit the balance of the purchase price into escrow and close escrow; WHEREAS, at close of escrow, the parties must sign and record a Grant Deed, a Grant of Access Easements, and a Water License;
WHEREAS, it is within the authority of the City Council to delegate to the City Manager the authority to execute a purchase agreement for real property, deeds, licenses, grants of easements, certificates of acceptance for deeds, licenses, and grants of easements, and other related documents to effectuate the transaction contemplated by the Purchase and Sale Agreement; and
WHEREAS, staff has reviewed the proposed purchase of the Property in accordance with the California Environmental Quality Act and determined that the transactions contemplated by the Purchase and Sale Agreement are exempt from CEQA because the transactions will not require physical changes to the environment or significant environmental impacts. By approving the Purchase and Sale Agreement, the City is not approving a project and is merely designating the Property as a preferred site 1282
for a potential park and/or civic building and parking facilities and restrooms to support either potential use pursuant to CEQA Guidelines Section 15004(b)(2)(A).

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Wildomar, California as follows:

1. The City Council hereby approves the Purchase and Sale Agreement, substantially in the form attached hereto as Exhibit “A”, with minor changes as approved by the City Manager and City Attorney.

2. The City Council delegates to the City Manager the authority to execute the Purchase and Sale Agreement, a Grant Deed, Grant of Access Easements, a Water License Agreement, and a License Agreement. This delegation of authority shall allow the City Manager to negotiate amendments to the terms of the Purchase and Sale Agreement, including but not limited to purchase price reductions and time extensions for deadlines, due to new information discovered during the due diligence period or title review.

3. The City Manager may, subsequent to execution of the Purchase and Sale Agreement, execute certificates of acceptance in substantially the same form as attached as Exhibit “B.” The City Manager may also take any other actions necessary to complete the purchase, including but not limited to executing escrow instructions and depositing the $50,000 deposit, $100 independent consideration, and the balance of the purchase price into escrow.

4. The City Council finds that this delegation of authority is in the best interest of the City because it will allow the acquisition to be timely processed.

5. The Purchase and Sale Agreement is not a project subject to CEQA under CEQA Guidelines Section 15378 and it falls under the common sense exemption of CEQA Guidelines Section 15061(b)(3) because the Agreement simply preserves the status quo on the subject properties. No physical environmental changes and/or no significant environmental impacts will result from the City’s approval of the Purchase and Sale Agreement and therefore such approval is not a project subject to CEQA and/or is exempt from CEQA pursuant to the common sense exemption. Additionally, the City is merely designating the Property as a preferred site for a potential park and/or civic building and parking facilities and restrooms to support either potential use pursuant to CEQA Guidelines Section 15004(b)(2)(A). Consistent with CEQA Guidelines Section 15004(b)(2), nothing in the Purchase and Sale Agreement commits the City to develop or use the subject properties at all, let alone in a way that would limit the City’s choice of alternatives or mitigation measures that the City’s future CEQA review document may identify as being necessary to avoid or lessen significant environmental impacts
PASSED, APPROVED, AND ADOPTED this 14th day of June, 2023. 1283
________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
_______________________ _______________________
Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
1284
4855-7689-4553 v16 1

AGREEMENT OF PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is entered into as of ______________, 2023 (“Effective Date”), by and between CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation (“Seller”), and CITY OF WILDOMAR, a California municipal corporation (“Buyer”).

RECITALS
Seller is the owner of that certain vacant Property (as defined below and described in Exhibit 1 and described and depicted in Exhibit 2), located in the City of Wildomar, Riverside County, California, identified as Assessor Parcel Number 380-050-025 and a vacant portion of Assessor Parcel Number 380-050-027. Seller desires to sell and Buyer desires to purchase the Property upon the terms and conditions set forth herein. Seller also owns and is retaining the remainder of Assessor Parcel Number 380-050-027 depicted in Exhibit 5 (“Seller’s Remaining Property”). Buyer is evaluating developing the Property with a goal of completing any development within three (3) to five (5) years from the Closing Date (defined below), and views the Property as a preferred site for a passive park or civic building, or both.

NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:

AGREEMENT

1. Agreement to Sell and Buy the Property. Seller agrees to sell and Buyer agrees to buy, upon the terms and conditions set forth herein:

1.1 That certain parcel of land located in the City of Wildomar, Riverside County, California, as more particularly described in Exhibit 1 (“Vacant Parcel”) and on the terms and conditions set forth in this Agreement and in the Grant Deed substantially in the form attached hereto as Exhibit 6 (“Grant Deed”);

1.2 That certain 21,511 square foot portion of the real property identified as Assessor Parcel Number 380-050-027 as more particularly described and depicted in Exhibit 2 (“Vacant Sliver”) and on the terms and conditions set forth in this Agreement and pursuant to the Grant Deed;

1.3 An irrevocable, short-term license granting Buyer the right to use the existing reclaimed water line and related appurtenances thereto in the location depicted in Exhibit 3 (“Seller’s Water Facilities”) on the terms and conditions set forth in a Water License, which shall be in substantially the form attached hereto as Exhibit 7 (“Water License”);

1.4 A short-term easement for ingress and egress for purposes of maintaining the Vacant Parcel (“Access Easement”), and a permanent easement for emergency ingress and 1285
4855-7689-4553 v16 2

egress (“Emergency Access Easement”), for the benefit of the Vacant Parcel over the driveway to Seller’s Remaining Property from Palomar Street and the private access road connected thereto and on the terms and conditions set forth in a Grant of Access Easements which shall be in substantially the form attached hereto as Exhibit 8 (“Grant of Access Easements”), the location of which is currently as described and depicted in Exhibit 4 and which may be relocated on the terms and conditions as are set forth in the Grant of Access Easements;

1.5 All rights, privileges, rights of way and easements, if any, appurtenant to the Vacant Parcel and Vacant Sliver, including that certain easement reserved in Instrument No. 70530 recorded in the Official Records of Riverside County on February 24, 1993, which together with the Vacant Parcel, Vacant Sliver, the Water License, the Access Easement, and the Emergency Access Easement are collectively, the “Real Property;” and

1.6 All improvements located on the Vacant Parcel and the Vacant Sliver (the “Improvements”).

All items referred to in Section 1.1 to Section 1.6 are sometimes collectively referred to herein as the “Property”.

2. Consideration. The purchase price (“Purchase Price”) for the Property shall be Two Million One Hundred Four Thousand Dollars ($2,104,000). All references herein to dollars shall mean immediately available United States Dollars. As further consideration for the Property, City grants Seller a license to access the Vacant Parcel for recreational purposes subject to limitations set forth in the Access License Agreement in substantially the form attached hereto as Exhibit 11 (“Seller’s Access License”).

3. Payment of Purchase Price and Independent Consideration. The Purchase Price and Independent Consideration (as defined below) for the Property shall be payable by Buyer as follows:

3.1 Deposit.
(a) Within two (2) business days of the full execution of this Agreement, Buyer shall deposit with Escrow Holder (as defined in Section 4.1 below), in cash, by certified or bank cashier’s check made payable to Escrow Holder, or a confirmed wire transfer of funds, the sum of Fifty Thousand Dollars ($50,000) (the “Deposit”). The Deposit shall be deposited in an interest-bearing escrow account and all interest thereon shall be deemed part of the Deposit.
(b) If the transaction contemplated herein does not close due to Buyer’s disapproval or deemed disapproval of any matters pertaining to the Property prior to the expiration of the Due Diligence Period, then the Deposit shall be refunded to Buyer, this Agreement and the Escrow shall terminate and the parties shall have no further obligations to one another with respect to this Agreement, except as otherwise expressly provided for herein.

3.2 Independent Consideration. Upon the Opening of Escrow, Buyer shall deposit with Escrow Holder, in cash, by certified or bank cashier’s check made payable to Escrow Holder, or a confirmed wire transfer of funds, the sum of One Hundred Dollars ($100.00) (the 1286
4855-7689-4553 v16 3

“Independent Consideration”). Buyer and Seller have bargained for and agree that the Independent Consideration is consideration for Buyer’s rights under this Agreement and for Seller providing the Due Diligence Period (defined in Section 8.1(a)(i) below) to Buyer. Upon receipt, the Escrow Holder shall immediately release the Independent Consideration to Seller, and notwithstanding any provision in this Agreement to the contrary, the Independent Consideration shall be nonrefundable to Buyer in all circumstances.

3.3 Purchase Price Balance. Provided all of the other conditions precedent to Buyer’s obligation to purchase the Property are timely satisfied, then prior to the Close of Escrow, Buyer shall deposit with Escrow Holder by cash, cashier’s check, or other immediately available funds the difference between (i) the Purchase Price and (ii) the Deposit (the “Purchase Price Balance”).

4. Escrow.

4.1 Opening of Escrow. Within one (1) business day of the Effective Date, Buyer and Seller shall open an escrow (the “Escrow”) with Corner Escrow, Inc., 25220 Hancock Avenue, Suite 250, Murrieta, CA 92562 Attn: Jennifer Underwood; Tel 951-239-3019 (“Escrow Holder”), and Buyer and Seller shall each provide to Escrow Holder an executed counterpart of this Agreement (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, that the Escrow has been opened. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control.

4.2 Close of Escrow. For purposes of this Agreement, the “Close of Escrow” shall be defined as the date that the Grant Deed is recorded in the Official Records of the Recorder of Riverside County, California. The date upon which the Close of Escrow actually occurs shall sometimes be referred to herein as the “Closing Date”. The Closing Date shall be five (5) days following satisfaction or waiver of all conditions set forth in Section 8.1 and Section 8.2. The target Closing Date shall be June 29, 2023, but City shall not be obligated to proceed to Close of Escrow on that date if all conditions set forth in Section 8.1 and 8.2 have not been satisfied on June 29, 2023.

5. Condition of Title. At the Close of Escrow, title to the Property shall be conveyed to Buyer by Seller subject only to the following matters (collectively the “Approved Conditions of Title”):

5.1 a lien to secure payment of real estate taxes and assessments, not delinquent;

5.2 the lien of supplemental taxes;

5.3 matters affecting title to the Property created by or with the written consent of Buyer or which are waived or deemed approved by Buyer pursuant to Section 8.1(b) hereof; 1287
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5.4 all matters which would be disclosed by an inspection or survey of the Real Property (whether or not any such inspection or survey is commissioned by Buyer) as are waived or approved by Buyer pursuant to Section 8.1(b) hereof;

5.5 all exceptions which are disclosed by the Title Report (as defined in Section

8.1(b)(i)), and which are waived or approved by Buyer in accordance with this Agreement.

It is acknowledged and agreed by Seller and Buyer that the listing of the foregoing matters in this Section 5 shall be subject to Buyer’s waiver or approval during the Due Diligence Period, which waiver or approval shall be deemed withheld if Buyer (a) terminates (or is deemed to have terminated) this Agreement at or prior to the end of the Due Diligence Period as provided under Section 8.1(a) hereof or (b) otherwise objects thereto as set forth in any Buyer’s Title Notice given by Buyer to Seller as set forth in Section 8.1(b)(ii).

6. Preparation and Approval of Surveyed Metes and Bounds Legal Descriptions.

Prior to the Closing, City shall cause a licensed surveyor to prepare, at City’s sole cost and expense, a legal description for Seller’s Remaining Property depicted in Exhibit 5 to this Agreement, which legal description shall be added to or substituted as Exhibit 5 and become a part hereof for all purposes, and also shall be inserted as the legal description in Exhibit D of the Grant Deed and Exhibit D of the Water License.

7. Title Policy. As a condition to the Close of Escrow, title shall be evidenced by the willingness of First American Title Company, 3633 Inland Empire Blvd, Suite 130, Ontario, CA 91764, Attention: Tammy Kerr (the “Title Company”) to issue its ALTA Owner’s Policy of Title Insurance with extended coverage, if available, inclusive of any endorsements requested or required by Buyer or its lender (“Title Policy”), in the amount of the Purchase Price showing title to the Property vested in Buyer upon conveyance of the Grant Deed subject to the Approved Conditions of Title (it being acknowledged and agreed by Buyer that it has elected to obtain the Title Policy at the Close of Escrow) and such other exceptions to title as may be set forth in the Title Report (as defined in Section 8.1(b)(i)) and not objected to by Buyer. Buyer shall obtain from the Title Company a Title Policy commitment with all endorsements required by Buyer prior to expiration of the Due Diligence Period.

8. Conditions to Close of Escrow.

8.1 Conditions to Buyer’s Obligations. Buyer’s obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Buyer’s benefit (or Buyer’s waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the dates designated below for the satisfaction of such conditions.
(a) Buyer’s Review of the Physical Condition of Property and Books & Records.
(i) Buyer shall have a period of forty-five (45) days following the Effective Date (the “Due Diligence Period”), to satisfy itself in its sole and absolute discretion, with all physical, legal and investment aspects of the Property and its condition and suitability for Buyer (including, without limitation, zoning, the environmental and physical condition of the Real 1288
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Property, the Improvements and any other portion of the Property; the adequacy of utility service to the Property and cost of obtaining the same; compliance with any laws, ordinances, codes, statutes, rules, orders, decisions and/or regulations with respect to the Real Property, the Improvements and any other portion of the Property) (collectively the “Due Diligence”). (ii) If Buyer fails to notify Seller of its approval or disapproval, Seller shall provide notice to Buyer of its failure to provide notice of Buyer’s approval or disapproval, and Buyer shall have two (2) business days from receipt of Seller’s notice to provide notice of Buyer’s approval or disapproval. If Buyer notifies Seller and Escrow Holder in writing of Buyer’s disapproval of the Property prior to the expiration of the Due Diligence Period or within the time set forth in the preceding sentence, or fails to timely respond to Seller’s notice described in the preceding sentence (which shall be deemed Buyer’s disapproval of the Property), such disapproval shall act to terminate this Agreement and the Escrow created pursuant hereto, in which event Buyer and Seller hereby direct Escrow Holder to pay the Deposit (together with accrued interest thereon) to Buyer and this Agreement shall have no further force and effect (except for any provision hereof expressly providing that the provision survives termination hereof), and Buyer and Seller shall have no liability or obligation hereunder whatsoever, except as otherwise expressly provided for herein. Buyer shall also have the right, on or before the expiration of the Due Diligence Period, to request in writing that Seller cure, to Buyer’s reasonable satisfaction prior to the Close of Escrow, any condition related to the Property to which Buyer objects, and in the event that Seller notifies Buyer in writing that Seller is unable or unwilling to cure any such disapproved condition, Buyer shall have five (5) days after receipt of Seller’s notice to either waive Buyer’s prior objection to the disapproved condition or terminate this Agreement. If, prior to the expiration of the Due Diligence Period, Buyer notifies Seller and Escrow Holder in writing of Buyer’s approval of the Property, such approval shall satisfy this condition. Upon Escrow Holder’s receipt of Buyer’s written approval of the Property, the Deposit shall be nonrefundable to Buyer.
(iii) As of the Effective Date, Seller represents and warrants, to its actual knowledge after a good faith, reasonable inquiry, that Seller has provided Buyer with copies of all of the documents within Seller’s possession concerning the physical, economic, or environmental condition of the Property (collectively the “Property Documents”). (iv) Buyer agrees not to disclose any confidential or proprietary information contained in any Property Documents reviewed by or provided to Buyer except to the extent that such disclosure is required by any judicial proceeding (including a court order) or as required by federal, state or local law. Buyer’s obligation under the immediately preceding sentence shall survive any termination of this Agreement. Buyer shall have until the end of the Due Diligence Period to satisfy itself as to the review and approval of the Property Documents and the condition and suitability of the Property. Buyer acknowledges and agrees that Seller specifically disclaims any responsibility for the accuracy or completeness of the Property Documents (and as to completeness, only that the Property Documents provided to Buyer are complete copies of the Property Documents in Seller’s possession), as well as any opinions, conclusions or work product contained within the Property Documents. (v) During regular business hours within the Due Diligence Period, upon at least forty-eight (48) hours prior telephonic or written notice, Buyer, its agents, 1289
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employees, architects, engineers, consultants and contractors shall have the right to enter the Real Property to conduct an ALTA survey and any non-intrusive investigations, inspections and tests of the Real Property, at Buyer’s sole cost and expense, as Buyer deems reasonably necessary to evaluate the condition and suitability of the Property. Buyer shall use care and consideration in connection with all of its inspections or tests. Absent the prior written consent of Seller (which consent may not be unreasonably withheld, conditioned or delayed) Buyer shall not have the right to enter upon the Property for purposes of conducting any invasive inspections including, but not limited to, a Phase 2 Environmental Site Assessment. Buyer shall restore the Property as near as reasonably possible to its condition prior to any entry, tests and/or inspections. Prior to any entry on the Real Property by Buyer or any of its agents, employees, consultants or contractors, Buyer shall secure and maintain the following insurance policies: (a) a comprehensive commercial general liability and property damage policy in an amount of not less than One Million Dollars ($1,000,000) per occurrence, that will cover the activities of Buyer and its agents, employees, consultants and contractors on the Property and shall deliver to Seller an additional insured endorsement naming Seller an additional insured thereunder, and (b) workers’ compensation and employer’s liability insurance in accordance with the provisions of California law. Buyer shall provide a certificate of insurance to Seller’s attorney evidencing the insurance required herein prior to any entry on the Real Property. Buyer shall indemnify, defend (with counsel reasonably satisfactory to Seller) and hold Seller harmless from and against any and all loss, expense, claim, damage, liability and injury to person or property resulting from the acts of Buyer, Buyer’s employees, agents, consultants, architects, engineers, contractors and/or subcontractors on the Real Property in connection with the performance of any investigation or other activities upon the Real Property as contemplated herein. The foregoing indemnity, defense and hold harmless obligations do not apply to (a) any loss, liability cost, claim, damage, injury or expense to the extent arising from the negligent acts or omissions of Seller, (b) any diminution in value in the Property arising from or relating to matters discovered by Buyer during its investigation of the Property, (c) any latent defects in the Property discovered by Buyer, and (d) the release or spread of any Hazardous Material (as defined in Section 14.8 herein) that are discovered (but not deposited) on or under the Real Property by Buyer unless caused or exacerbated by the negligence of Buyer or its agents or contractors. The indemnification, hold harmless and defense obligations of Buyer in this Section 8.1(a)(vi) shall survive the termination of this Agreement. (b) Buyer’s Review of Title.
(i) Buyer has received a standard preliminary title report dated May 23, 2023, issued by the Title Company with respect to the Property (the “Title Report”) , along with a copy of all documents referenced in the Title Report. Buyer hereby approves the following exceptions which shall be referred to herein as the “Permitted Exceptions”: (a) exception 1, the lien of any non-delinquent property taxes and assessments (which, if any exist, shall be paid at the Close of Escrow as described in Section 12.1); (b) exception 2, indicating that the Property is within community facilities district no. 2011-1; (c) exception 3, the lien of supplemental taxes (which, if any exist, shall be paid at the Close of Escrow as described in Section

12.1); (d) easements and right-of-way exceptions numbers 4, 5, 6, and 7; (e) exception 8, notice of drainage fees; and (f) exception 10, easements and/or servitudes affecting easement parcel(s) A1 as described in the Title Report. It is understood and agreed that Buyer objects to exception numbers 11 through 15 and such exceptions must be removed prior to Close of Escrow; provided, however, while Seller shall be obligated to provide Title Company with any and all documents 1290
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reasonably requested by Title Company to remove exception numbers 11 through 15, it shall be Buyer’s obligation to obtain Title Company’s approval to remove such exceptions from the Title Report.
(ii) If any exceptions other than the Permitted Exceptions are reported by the Title Company, Buyer shall have until the date (“Title Approval Date”) which is five (5) days following the receipt of an updated Title Report to give Seller, Title Company, and Escrow Holder written notice (“Buyer’s Title Notice”) of Buyer’s disapproval or conditional approval of any matters shown in the Title Report. The failure of Buyer to give Buyer’s Title Notice on or before the Title Approval Date shall be deemed to constitute Buyer’s disapproval of the condition of title to the Property unless Buyer shall have terminated this Agreement pursuant to Subsection 8.1(b)(iii) hereof.
(iii) If Buyer disapproves or conditionally approves any matter of title shown in the Title Report, then on or before the expiration of five (5) days from the date of Seller’s receipt of Buyer’s Title Notice, Seller may, but shall not be obligated to, elect to eliminate or ameliorate to Buyer’s satisfaction the disapproved or conditionally approved title matters.

Seller shall give Buyer, Escrow Holder, and Title Company written notice (“Seller’s Title Notice”) not later than five (5) days after Seller’s receipt of Buyer’s Title Notice of those disapproved or conditionally approved title matters, if any, which Seller agrees to either eliminate from the Title Policy as exceptions to title to the Property or to ameliorate to Buyer’s satisfaction by the Closing Date. If Seller does not elect to eliminate or ameliorate to Buyer’s satisfaction any disapproved or conditionally approved title matters, or if Buyer disapproves of Seller’s Title Notice, or if Seller is unable to eliminate or ameliorate to Buyer’s satisfaction all such disapproved matters prior to the Closing Date, then Buyer shall elect by written notice to Seller, Title Company, and Escrow Holder on or before the date which is two (2) business days after Buyer’s receipt of Seller’s Title Notice, to: (1) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (2) terminate this Agreement and the Escrow created pursuant hereto, in which event, Escrow Holder shall disburse the Deposit, together with any interest accrued thereon, to Buyer.
(c) No Material Adverse Change. There shall be no Material Adverse Change.
(d) No Material Representation Change. There shall be no Material Representation Change.
(e) Seller’s Obligations. As of the Close of Escrow, Seller shall have performed all of the obligations required to be performed by Seller under this Agreement. (f) Seller’s Representations and Warranties. All of Seller’s representations and warranties set forth in Section 14 (as modified or supplemented by Seller during the Escrow period, if applicable, as provided in Section 14) shall be true and correct in all material respects as of the Close of Escrow.

8.2 Conditions to Seller’s Obligations. For the benefit of Seller, the Close of Escrow shall be conditioned upon the occurrence and/or satisfaction of each of the following 1291
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conditions (or Seller’s waiver thereof, it being agreed that Seller may waive any or all of such conditions, in its sole and absolute discretion):
(a) Buyer’s Obligations. As of the Close of Escrow, Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer including, without limitation, the timely deposit of all monies required to be deposited by Buyer under this Agreement.
(b) Buyer’s Representations and Warranties. All of Buyer’s representations and warranties set forth in Section 15 hereof shall be true and correct in all material respects as of the Close of Escrow.
(c) Buyer’s Breach. The Buyer is not in breach of any material obligation under this Agreement, which Escrow Holder shall presume to be the case unless Seller provides written notice to Escrow Holder that Seller believes Buyer is in breach with respect to one or more of such obligations.

9. Deposits by Seller. At least one (1) day prior to the Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following documents and instruments:

9.1 Grant Deed. The Grant Deed, duly executed by Seller and acknowledged, in substantially the form attached hereto as Exhibit 6.

9.2 Water License. The Water License, duly executed by Seller and acknowledged, in substantially the form attached hereto as Exhibit 7.

9.3 Grant of Access Easements. The Grant of Access Easements, duly executed by Seller and acknowledged, in substantially the form attached hereto as Exhibit 8.

9.4 Seller’s Certificate. A certificate of non-foreign status (“Seller’s Certificate”), duly executed by Seller, in substantially the form attached hereto as Exhibit 10.

9.5 Seller’s Access License. Seller’s Access License duly executed by Seller in substantially the form attached hereto as Exhibit 11.

9.6 Settlement Statement. A closing statement prepared (or approved) by the Title Company and approved by Seller and Buyer (“Closing Statement”), signed by Seller.

9.7 California Form 593. A Form 593, completed and signed by Seller.

9.8 Owner’s Affidavit. An Owner’s Affidavit reasonably acceptable to Seller and the Title Company, completed and signed by Seller.

9.9 Other Documentation. Such other documentation and/or instruments required hereunder or as reasonably agreed upon by Buyer and Seller for the Close of Escrow (it being understood that Seller and Buyer shall not be required to execute or deliver any document or instrument that materially increases any of either party’s obligations or materially decreases either party’s rights under the terms and provisions of this Agreement). 1292
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10. Deposits by Buyer. At least one (1) day prior to the Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder the following monies, documents and instruments:

10.1 Grant Deed. The Grant Deed and the Certificate of Acceptance attached thereto, duly executed by Buyer and acknowledged, in substantially the form attached hereto as Exhibit 6.

10.2 Water License. The Water License and the Certificate of Acceptance attached thereto, duly executed by Buyer and acknowledged, in substantially the form attached hereto as Exhibit 7.

10.3 Grant of Access Easements. The Grant of Access Easements and the Certificate of Acceptance attached thereto, duly executed by Buyer and acknowledged, in substantially the form attached hereto as Exhibit 8.

10.4 Seller’s Access License. Seller’s Access License duly executed by Buyer in substantially the form attached hereto as Exhibit 11.

10.5 The Purchase Price Balance, plus funds to cover Buyer’s share of the Costs and Expenses set forth in Section 11 below.

10.6 The Closing Statement, signed by Buyer.

10.7 Any transfer tax form, affidavit or declaration required by any laws with respect to the transfer of title to the Property, signed by Buyer in form for filing with the applicable governmental authority.

10.8 Such other sums required hereunder or reasonably required by the Title Company for the Close of Escrow and such other documentation and/or instruments required hereunder or reasonably required by Seller or the Title Company for the Close of Escrow.

11. Costs and Expenses.

11.1 Buyer shall pay the cost and expense of the Title Report, the premium and all other costs and expenses for the issuance of the title policy, including the cost and expense of any surveys that Buyer elects to obtain or update and the cost and expense for the title premiums for an ALTA’s owner’s policy and any title insurance endorsements desired by Buyer.

11.2 Buyer shall pay the escrow fees of Escrow Holder.

11.3 No documentary transfer tax shall be due because Buyer is a public entity.

11.4 No recording fees shall be due because Buyer is a public entity.

11.5 All other Closing Costs shall be paid by Buyer.
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11.6 If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer shall pay the Escrow Holder’s fees and charges.

11.7 Each party shall be responsible for their respective legal fees and disbursements.

12. Prorations. The following prorations shall be made between Seller and Buyer on the Closing Date, computed as of the Closing Date:

12.1 No Proration of Property Taxes. The portion of current property taxes which would otherwise be allocable to the period after the close of Escrow shall not be allocated, as Purchaser is exempt from payment of property taxes. Accordingly, Escrow Agent shall pay and charge Seller for that portion of current property taxes and assessments and any penalties and interest thereon allocable to the period prior to the close of Escrow. Escrow Agent shall pay and charge Seller for any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property. Seller shall have the sole right, after Close of Escrow, to apply to the Riverside County Tax Collector for refund of any excess property taxes which have been paid by Seller with respect to the Property. This refund would apply to the period after Buyer's acquisition of the Property, pursuant to Revenue and Taxation Code Section 5096.7.

12.2 Utilities. Buyer and Seller understand and agree that the only utility serving the Property is the private reclaimed water line which services both the Property and Seller’s Remaining Property. Buyer’s share of the water utility costs has been included in the Purchase Price and there shall be no proration of water utility costs.

12.3 Adjustments. If any errors or omissions are made regarding adjustments and prorations as aforesaid, the parties shall make the appropriate corrections promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the parties shall make the appropriate correction promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid in cash to the party entitled thereto. The provisions of this Section 12 shall survive the Close of Escrow and delivery of the Grant Deed.

13. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, the Escrow Holder shall promptly undertake all of the following in the manner indicated:

13.1 Prorations. Prorate all matters referenced in Section 12 based upon the statement delivered into Escrow signed by the parties.

13.2 Recording. Cause the Grant Deed, the Grant of Access Easements, and any other documents which the parties hereto may mutually direct, to be recorded in the Official Records of the Recorder of Riverside County, California, in the order set forth in this Agreement.

13.3 Funds. Disburse from funds deposited by Buyer with Escrow Holder toward payment of all items chargeable to the account of Buyer pursuant hereto in payment of such costs including, without limitation, the payment of the Purchase Price to Seller, and disburse the balance of such funds, if any, to Buyer.
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13.4 Document Delivery. Deliver originals and conformed copies of all documents to Seller and Buyer as appropriate.

13.5 Title Policy. Direct the Title Company to issue the Title Policy to Buyer.

14. Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to buy the Property from Seller, Seller makes the following representations and warranties to Buyer, each of which is material and is being relied upon by Buyer, and the accuracy of which, in all material respects, as of the Close of Escrow, constitutes a condition precedent to Buyer’s obligation to consummate the Close of Escrow:

14.1 Seller is a corporation, duly organized, validly existing and in good standing under the laws of the State of California. Seller has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby and the execution, delivery and performance of this Agreement on the part of Seller have been duly authorized and no other action by Seller is requisite to the valid and binding execution, delivery and performance of this Agreement by Seller.

14.2 Seller has received no written notice of any (a) pending actions, suits or proceedings which would materially and adversely affect the Property or the Seller’s ability to consummate the transactions contemplated by this Agreement or (b) pending or threatened in writing proceedings in eminent domain which would adversely affect the Property.

14.3 There are no agreements affecting the right to possession of the Property.

To Seller’s knowledge, after a good faith, reasonable inquiry, there are no agreements affecting the right to possession of the Property Documents and/or any other instrument or document that is part of the Approved Conditions of Title.

14.4 To Seller’s knowledge, after a good faith, reasonable inquiry, there are no maintenance, service or other agreements affecting or relating to the Property.

14.5 Neither Seller nor any entity or person that owns or controls Seller is bankrupt or insolvent under any applicable Federal or state standard, has filed for protection or relief under any applicable bankruptcy or creditor protection statute, or has been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. No general assignment for the benefit of creditors has been made by Seller and no trustee or receiver of Seller's property has been appointed. Seller is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other. Seller and Buyer have negotiated this Agreement at arm’s length and the consideration paid represents fair value for the assets being transferred.

14.6 Seller is not a “foreign person” within the meaning of 26 U.S.C.A. §1445(f)(3) and Seller is not, nor is any person who owns a controlling interest in or otherwise controls Seller, (a) listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control (“OFAC”), Department of the Treasury, and/or on any other similar list maintained by the OFAC pursuant to any authorizing statute, Executive Order or regulation (collectively, “OFAC Laws and Regulations”); or (b) a person either (i) included within the term “designated national” as defined in the Cuban Assets Control 1295
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Regulations, 31 C.F.R. Part 515, or (ii) designated under Sections 1(a), 1(b), 1(c) or 1(d) of Executive Order No. 13224, 66 Fed. Reg. 49079 (published September 25, 2001) or similarly designated under any related enabling legislation or any other similar Executive Orders (collectively, the “Executive Orders”). To the actual and current knowledge of Seller, neither Seller nor any of its principals or affiliates is (x) a person or entity with which Buyer is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law, or that commits, threatens or conspires to commit or supports “terrorism” as defined in the Executive Orders, or (y) is affiliated or associated with a person or entity listed in the preceding clause (x).

To the actual and current knowledge of Seller, neither Seller nor any of its principals or affiliates, nor any brokers or other agents acting in any capacity in connection with the transactions contemplated herein (I) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Orders or (II) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. As used herein, “Anti-Terrorism Law” means the OFAC Laws and Regulations, the Executive Orders and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, 115 Stat. 272 (2001), as amended.

14.7 To Seller’s actual and current knowledge, and except as may be disclosed in the Property Documents, neither Seller nor any of its contractors, agents or representatives, has unlawfully used, generated, transported, discharged, released, manufactured, stored, or disposed any Hazardous Material from, into, at, on, under, or about the Property. Additionally, Seller has not received any written notice that the Property has been or is in violation of any Environmental Law or any other Law.

The term “Hazardous Material” as used herein shall mean any hazardous or toxic substances, materials, chemicals, or wastes in any form and in any concentration that is or becomes, prior to the Close of Escrow, regulated by the United States or any state or local government authority having jurisdiction over the Property (including any present order or agreement imposing liability or standards concerning any such substances, materials, chemicals, or wastes and any future such order or agreement that becomes effective prior to the Close of Escrow), and includes without limitation: any “hazardous substance,” as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 United States Code sections 9601-9675); any “hazardous waste,” as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 United States Code sections 6901- 6992k); petroleum products; volatile organic compounds; radioactive materials; asbestos and lead paint, in any form or condition; and substances or compounds containing PCBs. The term “Environmental Law” as used herein shall mean any federal, state, or local law, ordinance or regulation, or any order, demand or guidance document of any governmental agency, relating to Hazardous Materials.

14.8 Survival; Limitation Period. Anything to the contrary notwithstanding, the representations and warranties in this Section 14 and Seller’s representation in Section 22 hereof are the only representations and/or warranties of any kind made under this Agreement or otherwise in connection with the sale of the Property and such representations and warranties contained in this Section 14 shall be deemed to survive the Close of Escrow and the delivery of the Grant Deed for a period not to exceed one (1) year after the Closing Date (“Limitation Period”) and no action, 1296
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proceeding, suit or claim of any kind may be commenced or asserted by virtue of any of the representations or warranties contained in this Section 14 after the Limitation Period has expired.

No claim for breach of a representation or warranty by Seller shall be actionable or payable by Seller if the breach in question results from or is based on a condition, state of facts or other matter which was actually known to Buyer prior to the Close of Escrow. If Buyer has actual knowledge of the incorrectness of any representation or warranty by Seller and fails to so notify Seller prior to the Close of Escrow, then such representation or warranty shall be deemed to be stricken from this Agreement and shall be of no further force or effect.

14.9 Material Change. If, prior to the Closing Date, Seller becomes aware of any fact or circumstance that would (i) materially change a representation or warranty of Seller in this Agreement (“Material Representation Change”) or (ii) constitute a material adverse change in the Property or its future use or operation (“Material Adverse Change”), then Seller shall promptly, and in all events at least five (5) days prior to the Closing Date (and the Closing Date shall be extended if necessary to give Buyer five (5) days to review such Material Adverse Change), give written notice of such Material Representation Change or Material Adverse Change to Buyer.

15. Seller’s Covenants. Seller agrees as follows:

15.1 Payment of All Obligations. Seller shall have discharged all mechanics’ and materialmens’ liens arising from labor and materials furnished prior to the Close of Escrow.

Seller will discharge all of Seller’s obligations and liabilities under the Property Documents, if any, arising prior to the Close of Escrow.

15.2 Seller Pre-Closing Maintenance and Contracts. Between Seller’s execution of this Agreement and the Closing Date, Seller shall (i) maintain the Property reasonably and in substantially the same condition as existed as of Seller’s execution of this Agreement, reasonable wear and tear, condemnation and casualty damage excepted; (ii) not make any material physical changes to the Improvements; (iii) continue to manage the Property in substantially the same manner in which it is being managed; and (iv) not enter into any contracts or agreements affecting the Property unless such contracts can be completed or terminated prior to the Closing or Buyer, in its sole discretion, agrees to assume such contract or agreement as of the Closing Date.

15.3 Leases. Seller shall not enter into any lease of the Property or any portion thereof between the Effective Date and the earlier of Close of Escrow or termination of this Agreement without Buyer’s prior written approval.

15.4 Litigation. Seller shall immediately notify Buyer of any lawsuits, condemnation proceedings, rezoning, or other governmental order or action, or any threat thereof, known to Seller which might affect the Property or any interest of Buyer.

15.5 Seller’s Indemnity. Seller agrees to defend, indemnify and hold Buyer harmless from and against liabilities arising (including reasonable attorney’s fees and cost in defending against claims) out of the ownership, operation or maintenance of the Property during Seller’s period of ownership.
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16. Buyer’s Representations and Warranties; No Liability of Seller; Indemnity and Release and Waiver.

16.1 Buyer Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow:
(a) Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. (b) Buyer is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. Buyer is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other. Buyer and Seller have negotiated this Agreement at arm’s-length and the consideration paid represents fair value for the assets to be transferred. (c) Buyer has or will inspect, review and become familiar with all matters that it believes pertinent to its ownership, operation and maintenance of the Property.

Buyer has or will make such independent investigations, inspections, analyses and research as Buyer has deemed necessary or appropriate (or, in the alternative, Buyer has elected at its risk not to make such investigations, inspections, analyses and research), concerning the condition, ownership, use and operation of the Property, including, but not limited to, investigations, inspections, analyses and research of: (A) present and future Laws, including, without limitation, zoning, subdivision, environmental and other such Laws; (B) the obligations of the owner of the Property under all documents disclosed in the Title Report; (C) the necessity and availability of any entitlements or development approvals and permits; (D) the necessity or existence of any and all development costs, dedications, fees, charges or assessments that may be imposed or required to be paid in connection with any Laws or the obtaining of any development approvals, permits or entitlements or otherwise in connection with the development of the Property, all of which shall be the responsibility of Buyer; (E) the economic value of the Property; (F) the seismic and structural integrity of the Improvements constructed or installed on the Property; (G) the size, dimensions, location and topography of the Property; (H) any surface, soil, subsoil, geologic or ground water conditions or other physical conditions of or affecting the Property, such as aircraft overflight, traffic, climate, drainage and air; (I) the extent or condition of title to the Property and the extent of existing liens and encumbrances against the Property; (J) the possibility of future fees and assessments or increases in existing fees and assessments by one or more governmental authorities; (K) the presence, use, transportation or storage of Hazardous Material on, over, under or nearby the Property; (L) the presence on the Property of threatened and endangered species under the Endangered Species Act; (M) the availability, character, quality, composition and/or adequacy of access to the Property; (N) the location on or near the Property of any earthquake faults; and (O) the availability or quality of reclaimed water provided by any utility company or governmental authority. The term “Laws” means all federal, state and local laws, statutes, codes, ordinances, rules, regulations, restrictions and limitations as they may be amended from time to time (each, individually, a “Law”). The term “Laws” shall include Environmental Laws. 1298
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(d) Each of the representations and warranties made by Buyer in this Agreement, shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances that are contrary to the foregoing representations and warranties contained in this Section 16. (e) Buyer represents and warrants that the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not result in any breach of the terms of, conditions of, or constitute a default under, any instrument or obligation by which Buyer is bound, or violate any order, writ, injunction or decree of any court in any litigation to which Buyer is a party.
(f) Buyer represents and warrants that each person executing this Agreement is legally competent and is duly authorized so as to fully and legally bind Buyer.

16.2 No Liability of Seller; AS-IS Sale. Except for the representations and warranties of Seller expressly set forth in Section 14 and the covenants and agreements of Seller expressly set forth in this Agreement: (a) Buyer accepts the Property “AS-IS, WHERE-IS, WITH ALL FAULTS” in its existing state and condition at the Closing; (b) Buyer accepts the Property subject to any and all Laws which are now or may hereafter be imposed on or against the Property by any governmental authority; (c) Except as provided in Section 15, Seller is not obligated to do any processing, grading, restoration, repairs or other work of any kind or nature whatsoever on or with respect to the Property and, without limiting the generality of the foregoing, Seller is not responsible for any work on or improvement of the Property necessary to cause the Property to meet any applicable Laws, to be suitable for any particular use, or to repair, retrofit or support any portion of the Improvements constructed on the Property due to the seismic or structural integrity (or any deficiencies therein) of such Improvements; (d) Buyer accepts the Property in the condition, and state of repair or lack of repair of the Improvements or any other portion of the Property; (e) Buyer accepts all restrictions, obligations, rights of way or conditions affecting the ownership, use, operation, development or operation of the Property; and (f) Buyer acknowledges that Seller has not warranted and does not hereby warrant that the Improvements will meet or comply with the requirements of any fire, building, zoning, or safety code, ordinance or regulation of the state of California, or City of Wildomar, or any other authority or jurisdiction and that Seller has not warranted and does not hereby warrant that the Property will meet or satisfy any particular use, purpose, development or operation.

Subject to the other provisions of this Section, and effective as of the Close of Escrow, the Buyer hereby waives, and the Buyer releases the Seller (and its partners, members, managers, employees, representatives, agents, servants, attorneys, affiliates, successors and assigns) with respect to, any and all claims (legal, equitable, and otherwise) the Buyer may at any time have, whether known or unknown as of the expiration of the Due Diligence Period or any time thereafter, for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to : (i) the presence or existence of Hazardous Materials at, on, about, or under the Property; and/or (ii) any violation of any of the Environmental Laws by or in connection with the Property; and/or (iii) any other defects or other physical conditions related to the Property (collectively, the 1299
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“Claims”). The foregoing waiver and release by the Buyer shall not: (i) in any manner or to any extent limit the Seller’s affirmative disclosure obligations, if any, pursuant to this Agreement; (ii) in any manner or to any extent limit any of the Seller’s obligations in Section 15.5 or representations or warranties as are set forth in this Agreement or any claims Buyer may have for breach of Seller’s representations or warranties; (iii) be binding to the extent of any applicable fraud, misrepresentation, or other intentional misconduct by the Seller or any of its officers, employees, or agents. For purposes of the foregoing waiver and release by the Buyer, the Buyer also hereby waives the benefits of Civil Code Section 1542, which provides that:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

16.3 Indemnity. Buyer hereby indemnifies and holds Seller harmless from any and all losses, damages, costs, liabilities and expenses, including, without limitation, reasonable attorneys’ fees (and those fees incurred upon any appeals) incurred or suffered by Seller as a result of the material breach by Buyer of any of the representations and warranties contained in this Agreement, the failure by Buyer to comply with any of the covenants contained in this Agreement or any other default by Buyer under the terms of this Agreement; provided however, no such default will be deemed to have occurred unless and until Seller has given Buyer written notice describing the nature of the default, and Buyer has failed to cure such default within five (5) days after the receipt of such notice (but in any event before the Closing Date, unless such default occurs after Closing). Buyer also shall indemnify, defend and hold Seller harmless from and against all Claims (including Claims asserted by Buyer's successors in interest and other governmental agencies) arising or asserted on or after the Close of Escrow. Section 17.1 hereof sets forth the damages which Seller is entitled to receive as a result of Buyer’s failure to close Escrow and this Section 16.3 applies only to other breaches by Buyer. Section 17.1 hereof only limits Seller’s rights hereunder for Buyer’s failure to close Escrow.

16.4 Survival of Buyer Representations, Warranties, Covenants and Indemnities.

All the representations, warranties, covenants, agreements and indemnities of Buyer and Seller set forth herein and elsewhere in this Agreement shall be true upon the execution of this Agreement, and shall be deemed to be repeated at and as of Closing and shall survive Closing.

17. Default.

17.1 Liquidated Damages; Limitation on Liability. IF CLOSE OF ESCROW

DOES NOT OCCUR DUE TO BUYER COMMITTING A DEFAULT UNDER THIS

AGREEMENT, THEN IN ANY SUCH EVENT, PROVIDED THAT SELLER IS NOT IN

DEFAULT OF ITS OBLIGATIONS FOR THE CLOSE OF ESCROW, THE ESCROW

HOLDER MAY BE INSTRUCTED BY SELLER, AND SELLER SHALL BE ENTITLED

TO SO INSTRUCT ESCROW HOLDER, TO CANCEL THE ESCROW AND SELLER SHALL THEREUPON BE RELEASED FROM ITS OBLIGATIONS HEREUNDER.

BUYER AND SELLER AGREE THAT BASED UPON THE CIRCUMSTANCES NOW

EXISTING, KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH SELLER’S DAMAGE BY REASON OF 1300
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BUYER’S DEFAULT. ACCORDINGLY, BUYER AND SELLER AGREE THAT, IN THE

EVENT OF DEFAULT BY BUYER UNDER THIS AGREEMENT, IT WOULD BE REASONABLE AT SUCH TIME TO AWARD SELLER “LIQUIDATED DAMAGES”

EQUAL TO THE AMOUNT REPRESENTED BY THE DEPOSIT, AND SELLER SHALL

BE ENTITLED TO RETAIN THE DEPOSIT, TOGETHER WITH ANY INTEREST ACCRUED THEREON AS SELLER’S SOLE AND EXCLUSIVE REMEDY AT LAW AND EQUITY.

SELLER: ______ BUYER:__________.

17.2 Seller’s Default. In the event the sale of the Property as contemplated hereunder is not consummated due to Seller’s default hereunder, including the failure of any condition set forth in Section 8.1, Buyer shall be entitled, as its sole remedy, either (i) to be reimbursed by Seller for expenses incurred in conducting its Due Diligence up to a maximum amount of $25,000 and to receive the return of the Deposit, which return shall operate to terminate this Agreement and release Seller from any and all liability hereunder, or (b) to enforce specific performance of Seller’s obligation to convey the Property to Buyer in accordance with the terms of this Agreement, provided that Buyer files suit for specific performance as set forth in the last sentence of this Section 17.2 on or before thirty (30) days following the date upon which Closing was to have occurred, it being understood and agreed that the remedy of specific performance shall not be available to enforce any other obligation of Seller hereunder. Except as provided in this Section, Buyer expressly waives its rights to seek damages in the event of Seller’s default hereunder provided, however, no such default shall be deemed to have occurred unless and until Buyer has given Seller written notice thereof, describing the nature of the default, and Seller has failed to cure such default within fifteen (15) days after receipt of such notice (and the Close of Escrow shall be extended, if necessary, to allow the Seller the full fifteen (15) day period).

17.3 None of the principals, members, officers, directors, agents, or employees of Seller shall be personally or individually liable under this Agreement and Buyer shall not look to any of the principals, members, officers, directors, agents, or employees of Seller personally or individually for the satisfaction of any claim under this Agreement.

18. CEQA Compliance. By approving this Agreement, City is merely designating the Property as a preferred site for a potential park and/or civic building and parking facilities and restrooms to support either potential use pursuant to Section 15004(b)(2)(A) of the CEQA Guidelines. City has not determined whether or how it will develop the Property. Any and all future development or use of the Property is contingent upon and shall not be approved and proceed unless and until the City has first complied with CEQA and completed the CEQA environmental review process.

19. Buyer’s Post-Closing Obligations.

19.1 Provided the Close of Escrow occurs, Buyer shall cease use of the Seller’s Water Facilities at the expiration of the term of the Water License. Buyer shall be solely responsible for designing, obtaining approval of, and construct any alternate water lines and related appurtenances thereto, including without limitation pipelines, backflow devices, valves, and meters (none of which shall be located on Seller’s Remaining Property) (collectively “Buyer’s 1301
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Water Facilities”) to irrigate the Vacant Parcel and the Vacant Sliver (with a corresponding termination and cancellation of the Water License).

19.2 Provided the Close of Escrow occurs, within three (3) years of the Closing Date, Buyer shall perform the following work at its sole cost and expense:
(a) Install a screened (screening to be mutually agreed upon by Buyer and Seller in writing prior to the expiration of the Due Diligence Period) chain link fence in the location depicted in Exhibit 9 (the “Fence”) to separate the Vacant Sliver from the Seller’s Remaining Property. The Fence shall be at least six (6) feet high and be of substantially the same quality and construction as the chain link fence surrounding the nearby flood control channel.

Seller will cooperate with Buyer and provide reasonable access to the Seller’s Remaining Property, if needed to install the Fence and, in furtherance thereof, Seller hereby grants a license to Buyer to permit Buyer to complete the installation of the Fence and to perform any corrective work and maintenance reasonably requested by Seller relating to the installation, maintenance or repair of the Fence.
(b) Subject to approval from Riverside County Flood Control District, install a locked gate to separate the Vacant Parcel from the existing vehicle bridge shown in Exhibit 9 (“Vehicle Bridge”), in substantially the location depicted in Exhibit 9 (the “Vehicle Bridge Gate”), and provide Seller with a key to a lock on the Vehicle Bridge Gate. If Riverside County Flood Control District does not approve the Vehicle Bridge Gate in that location, Buyer shall have no obligation to construct the Vehicle Bridge Gate; provided, however, in such event, Buyer and Seller shall meet and confer for at least thirty (30) days to identify a mutually agreeable alternative means of securing the Vehicle Bridge on the Vacant Parcel side thereof; (c) Subject to approval from Riverside County Flood Control District, install a locked gate (“New Walking Bridge Gate”) immediately south of the existing pedestrian bridge located near the turnaround on Pasadena Street (“Existing Walking Bridge”) to direct members of the public accessing the Vacant Parcel from Pasadena Street across the Existing Walking Bridge and prevent members of the public from continuing south of the Existing Walking Bridge. If Riverside County Flood Control District does not approve the New Walking Bridge Gate in that location, Buyer shall have no obligation to construct the New Walking Bridge Gate; provided, however, in such event, Buyer and Seller shall meet and confer for at least thirty (30) days to identify a mutually agreeable alternative means of preventing members of the public from continuing south of the Existing Walking Bridge.
(d) Provided the Close of Escrow occurs and the Vacant Parcel is developed as a park and/or civic building and the Vacant Sliver is developed as parking for a park or civic building on the Vacant Parcel, Buyer shall construct a walking bridge over the existing flood control channel and connecting the Vacant Sliver to the Vacant Parcel (the “New Walking Bridge”) at Buyer’s sole cost and expense. The New Walking Bridge shall be open to the public at the time that any park or civic building on the Vacant Parcel is open to the public. If and to the extent the New Walking Bridge is required in order to construct and utilize Buyer’s Water Facilities, Buyer and Seller understand and agree that the New Walking Bridge shall be constructed within the term of the Water License.
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19.3 Buyer shall maintain the Fence, the Vehicle Bridge, the Vehicle Bridge Gate, the Existing Walking Bridge, the New Walking Bridge Gate (if approved by Riverside County Flood Control District), and the New Walking Bridge (if approved by Riverside County Flood Control District) except that Seller shall be responsible for the cost of repairing or replacing any of the foregoing to the extent that the acts or omissions of Seller or its guests, invitees, or licensees results in damage thereto. Buyer’s obligations under this Section 19 shall survive the Close of Escrow.

20. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any casualty to the Property or any condemnation proceeding of which Seller has received written notice or which has commenced or occurred prior to the Close of Escrow. If any such damage or proceeding relates to or may result in the loss of any material portion of the Property, then Buyer shall, at its option, elect in writing to Seller and Escrow Holder not later than two (2) days prior to the scheduled date for the Close of Escrow as determined pursuant to Section 4 hereof, either to:
(a) terminate this Agreement, in which event all funds deposited by Buyer into and remaining in Escrow together with any interest accrued thereon shall be returned to Buyer and neither party shall have any further rights or obligations hereunder (except those obligations of this Agreement that by their terms survive termination); or (b) continue the Agreement in effect without adjustment to the Purchase Price and Seller shall have no obligation for any repair or restoration to the Property, in which event upon the Close of Escrow, Buyer shall be entitled to any compensation, insurance proceeds, awards or other payments or relief resulting from such casualty or condemnation proceeding relating to the Property and Buyer shall be credited at the Close of Escrow with the amount of any deductible under the applicable insurance policies in the event of any such casualty.

21. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall sent by certified mail, postage prepaid, return receipt requested or by a recognized overnight courier and shall be deemed received upon the date of delivery to the address of the person to receive such notice as evidenced by the return receipt or proof of delivery slip of such overnight courier. In addition, notice may be provided by electronic transmission (email), in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by certified mail, postage prepaid, return receipt requested, or sent by express delivery or overnight courier service. Any notice given by email shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

To Seller: CAFH Order at Wildomar, Inc.

Attention: Jeanne Weiler
21776 Palomar Street
Wildomar, CA 92595
Email: [email protected]
Telephone: 951-553-8052 (Jeanne Weiler)
951-428-8528 (Alicia Beatriz)

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With a Copy To: Lieberg Oberhansley LLP
Attention: Phil Oberhansley
41911 5th Street, Suite 300
Temecula, California 92590
Email: [email protected]

To Buyer: City of Wildomar
Attention: City Manager
23873 Clinton Keith Rd, Suite 201
Wildomar, CA 92595
Email: [email protected]
With a Copy To: City of Wildomar
Attention: City Attorney
23873 Clinton Keith Rd, Suite 201
Wildomar, CA 92595
Email: [email protected]

Escrow Holder: Corner Escrow, Inc.

Attention: Jennifer Underwood
25220 Hancock Avenue, Suite 250
Murrieta, CA 92562
Email: [email protected]
Title Company: First American Title Company
Attention: Tammy Kerr
3633 Inland Empire Blvd
Suite 130
Ontario, CA 91764
Email: ___
Notice of change of address or email address shall be given by written notice in the manner detailed in this Section 21. Rejection or other refusal to accept or the inability to deliver because of changed address or email address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent.

22. Brokers. Buyer and Seller both agree that there are no brokers involved in this transaction. Each party represents that no person, corporation, or partnership acting as a real estate broker, finder or real estate agent has brought about this Agreement. Buyer hereby agrees to indemnify, save harmless, protect and defend Seller from and against any claims for brokers’ or finders’ fees for the consummation of this Agreement if such claims shall be based upon any statement or representation or agreement by Buyer. Seller hereby agrees to indemnify, save harmless, protect and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller. The provisions of this Section 22 shall survive the termination of this Agreement and Close of Escrow and delivery of the Grant Deed. 1304
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23. Legal Fees. Should any litigation be commenced between the parties hereto or their representatives concerning any provision of this Agreement or the rights and duties of any person or entity in relation thereto, the party prevailing in such litigation, whether by out-of-court settlement or final judgment, shall be entitled, in addition to such other relief as may be granted, to the actual sum as and for reasonable attorneys’ fees incurred in such litigation and any appeals in connection therewith. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit including, without limitation, actual attorneys’ fees reasonably incurred and costs and expenses incurred in connection with (a) enforcing, perfecting and executing such judgment; (b) post judgment motions; (c) contempt proceedings; (d) garnishment, levee, and debtor and third-party examinations; (e) discovery; and (f) bankruptcy litigation.

24. Assignment. Buyer shall not assign, transfer or convey its rights and/or obligations under this Agreement and/or with respect to the Property without the prior written consent of Seller, which consent Seller may withhold, conditioned or delayed in its sole and absolute discretion.

25. Miscellaneous.

25.1 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their commercially reasonable efforts to accomplish the Close of Escrow in accordance with the provisions hereof; provided, however, Seller and Buyer shall not be required to execute or deliver any document or instrument that materially increases any of either party’s obligations or materially decreases either party’s rights under the terms and provisions of this Agreement.

25.2 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof.

25.3 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. All executed counterparts shall constitute one agreement and each counterpart shall be deemed an original. The parties hereby acknowledge and agree that facsimile signatures or signatures transmitted by electronic mail in so-called “pdf” format shall be legal and binding and shall have the same full force and effect as if an original of this Agreement had been delivered. Seller and Buyer (i) intend to be bound by the signatures on any document sent by facsimile or electronic mail, (ii) are aware that the other party will rely on such signatures, and (iii) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signatures.

25.4 Captions. Any captions to, or headings of, the sections, subsections, paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 1305
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25.5 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.

25.6 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference.

25.7 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

25.8 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

25.9 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to its choice of laws rules, and venue shall be in Riverside County.

25.10 Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement.

25.11 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby.

25.12 Partial Invalidity. If any portion of this Agreement as applied to either party or to any circumstances shall be adjudged by a court to be void or unenforceable, such portion shall be deemed severed from this Agreement and shall in no way effect the validity or enforceability of the remaining portions of this Agreement.

25.13 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

25.14 Preparation of Agreement. Buyer and Seller acknowledge that the provisions and language of this Agreement have been negotiated, and agree that no provision of this Agreement shall be construed against either party by reason of such party having drafted such provision or this Agreement.

25.15 Execution of Agreement. This Agreement is transmitted for examination only and does not constitute an offer, and the Agreement shall not become effective until a fully executed original hereof shall be delivered to Buyer and Seller.

25.16 No Recording. Buyer shall not submit this Agreement or any memorandum or “short-form” hereof for recording in any place or office of public record or otherwise seek to 1306
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have same recorded, and any action in violation of this provision shall be deemed to be a default hereunder and shall permit Seller to terminate this Agreement by notice delivered to Buyer.

25.17 No Equitable Ownership. Prior to the conveyance of title to the Property to Buyer, Buyer shall not acquire, assume or otherwise obtain any equitable ownership claim or interest in the Property in any manner whatsoever.

25.18 Next Succeeding Business Day. In the event the date on which Buyer or Seller is required to take any action under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first-above written.
“SELLER”
CAFH ORDER AT WILDOMAR, INC.,
a California religious nonprofit corporation
By: ___________________________
Its: ___________________________
“BUYER”
CITY OF WILDOMAR, a California
municipal corporation

By: ___________________________
Dan York, City Manager
Acceptance by Escrow Holder:
______________ hereby acknowledges that it has received a fully-executed counterpart of the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.

CORNER ESCROW, INC.

By:_________________________
Print Name: _________________
Its: _________________________
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IRV #4855-7689-4553 v1
EXHIBIT 1

LEGAL DESCRIPTION OF VACANT PARCEL
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

PARCEL 1 OF PARCEL MAP NO. 37717, IN THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 248, PAGES 88 AND 89 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ALL RIGHTS TO WATER, INCLUDING SURFACE AND

GROUNDWATER RIGHTS OVER, UPON AND UNDER PROPERTY AND WHICH ARE

APPURTENANT THERETO OR ARE OTHERWISE ASSOCIATED WITH PROPERTY, AS

CONVEYED TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT BY THAT CERTAIN GRANT DEED RECORDED JUNE 9, 2020 AS INSTRUMENT NO. 2020-0244703 OF OFFICIAL RECORDS.

Assessor Parcel Number 380-050-025
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IRV #4855-7689-4553 v1
EXHIBIT 2

VACANT SLIVER
[Attached]
1309
1310
1311
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IRV #4855-7689-4553 v1
EXHIBIT 3

WATER LICENSE - LOCATION OF WATER LINE
[Attached]
1312
K
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IRV #4855-7689-4553 v1
EXHIBIT 4

ACCESS EASEMENT AND EMERGENCY ACCESS EASEMENT
[Attached]
1314
1315
1316
4855-7689-4553 v16 Exhibit 5
IRV #4855-7689-4553 v1
EXHIBIT 5
SELLER’S REMAINING PROPERTY
[Attached]
1317
CEL
RK
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IRV #4855-7689-4553 v1
EXHIBIT 6

FORM OF GRANT DEED

RECORDING REQUESTED BY AND

WHEN RECORDED MAIL TO,
AND MAIL TAX STATEMENTS TO:

City of Wildomar
Attention: City Clerk
23873 Clinton Keith Road
Suite 201
Wildomar, CA 92595

EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §27383

THE UNDERSIGNED GRANTOR(S) DECLARE(S):

This transaction is exempt from documentary transfer tax pursuant to Revenue & Taxation Code Section §11922.

City of Wildomar, an exempt agency, is acquiring title.

Exempt from the Building Homes and Jobs Act Fee per
Government Code §27388.1(A)(2)(D). This document
is being recorded by a municipality.

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation (“Grantor”) GRANTS to CITY OF WILDOMAR, a California municipal corporation (“Grantee”), that portion of Assessor Parcel Number 380-050-027 located in the City of Wildomar, County of Riverside, State of California described in Exhibit A and depicted in Exhibit B and the real property described in Exhibit C attached hereto (collectively, the “Property”), together with that certain ingress and egress easement appurtenant to the Property referenced on page 8 of 9 of Instrument No. 70530 recorded on February 24, 1993 in the Official Records of Riverside County.

Grantor is retaining the portion of Assessor Parcel Number 380-050-027 that is not described in Exhibit A, as legally described in Exhibit D (“Grantor’s Remaining Property”). A map of the Property and surrounding streets at the time of the Grant Deed is attached as Exhibit E.

References to streets shall mean the streets as they existed at the time of the Grant Deed. On Grantor’s Remaining Property, there is a residence located adjacent to the flood control channel that separates the Property from Grantor’s Remaining Property (“Grantor’s Residence.”) Grantee hereby covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Property, or any part thereof, for the benefit of Grantor, its successors, its assigns and every successor in interest to the Grantor’s Remaining Property, or any part thereof, that the Property may only be developed or used with some or all of the following uses: a park-related 1319
4855-7689-4553 v16 Exhibit 6
IRV #4855-7689-4553 v1
community serving purpose that shall operate from sunrise to sunset (“Park”), a civic building (“Civic Building”), and parking facilities and restrooms to support the Park and/or Civic Building. The Property shall be used in compliance with all applicable laws, including but not limited to, City ordinances, as they may change from time to time. If City develops the Property with a Civic Building and determines that one or more of the orientations described in this paragraph for the main entrance of the Civic Building is reasonably feasible after completing a CEQA analysis, a cost analysis, and an analysis of the environmental and physical condition of the Property, City shall construct the Civic Building such that the main entrance of the Civic Building is either:
(a) Oriented toward the Grantor’s Remaining Property or Pasadena Street and located closer to the Property’s boundary that touches Billie Ann Road and Weatherly Court (“Weatherly Court Boundary”) than to the corner of the Property that touches the flood control channel and the Property’s boundary that is parallel to Refa Street; or
(b) Oriented toward Palomar Street, Refa Street, or the Weatherly Court Boundary.

The restrictions described above are collectively the “Use Restrictions.” The Use Restrictions shall terminate on the earlier of (i) fifty (50) years from the recordation of the Grant Deed or (ii) the date that Grantor or any successor of Grantor demolishes Grantor’s Residence and does not replace it with a single-family residence in substantially the same location.

Grantor’s remedy in the event of any failure on the part of the City to comply with the Use Restrictions shall be limited to any equitable remedy, including injunctive relief, a temporary restraining order, or specific performance, as well as the recovery of any costs related to the enforcement of the Use Restrictions, including but not limited to, attorneys’ fees, court filing costs, and county recording costs.

GRANTOR
CAFH ORDER AT WILDOMAR, INC.,
a California religious nonprofit corporation
By: _______________________
Its: ________________________

GRANTEE

CITY OF WILDOMAR,
a California municipal corporation
By: _____________________________
Dan York, City Manager
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ACKNOWLEDGMENT
State of California
County of ___________________
On ____ _____ before me, _________________ Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to me within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT A
LEGAL DESCRIPTION OF PORTION OF ASSESSOR PARCEL NUMBER 380-050-027 [Attached hereto]
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EXHIBIT B
DIAGRAM OF PORTION OF ASSESSOR PARCEL NUMBER 380-050-027 [Attached hereto]
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EXHIBIT C to GRANT DEED
Legal Description of Property
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

EXCEPTING THEREFROM ALL RIGHTS TO WATER, INCLUDING SURFACE AND

GROUNDWATER RIGHTS OVER, UPON AND UNDER PROPERTY AND WHICH ARE

APPURTENANT THERETO OR ARE OTHERWISE ASSOCIATED WITH PROPERTY, AS

CONVEYED TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT BY THAT CERTAIN GRANT DEED RECORDED JUNE 9, 2020 AS INSTRUMENT NO. 2020-0244703 OF OFFICIAL RECORDS.

Assessor Parcel Number 380-050-025
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EXHIBIT D
Legal Description of Grantor’s Remaining Property
[insert legal description of Grantor’s Remaining Property- to be prepared] 1327
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EXHIBIT E
Depiction of Property and Surrounding Streets
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the [deed or grant] dated _______________ from CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation to CITY OF WILDOMAR, a California municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of City Council pursuant to authority conferred by resolution of the City Council adopted on ______ and the grantee consents to recordation thereof by its duly authorized officer.

Dated ____________________
By________________________
Dan York, City Manager
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, before me, ____________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: (seal)
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EXHIBIT 7

WATER LICENSE

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Wildomar
Attention: City Clerk
23873 Clinton Keith Road
Suite 201
Wildomar, CA 92595

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D),
Rev & Tax Code § 11922

WATER LICENSE AGREEMENT
For valuable consideration the receipt and adequacy of which is acknowledged, this Water License Agreement (the "Agreement") is made and entered into by and between CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation ("Licensor"), and the CITY OF WILDOMAR, a California municipal corporation ("Licensee"), with reference to the following recitals of fact. Licensee and Licensor may each hereinafter be referred to individually as a “Party” and collectively as the “Parties.” A. By that certain Grant Deed of even date herewith, Licensor conveyed to Licensee those certain parcels of real property as more particularly described in Exhibit A and depicted in Exhibit B and described in Exhibit C attached hereto (collectively, the “Licensee Property”).

B. Licensor is the owner of that certain parcel of real property as described in Exhibit D attached hereto (the “Licensor Property”).

C. The purpose of this Agreement is to allow Licensee to use a water line and related utility facilities to irrigate the Licensee Property until such time as Licensee obtains all necessary approvals for and installs its own water line and related utility facilities to irrigate the Licensee Property.

NOW, THEREFORE, Licensor and Licensee agree as follows:

1. Water License. Licensor grants Licensee for the Term (defined below) a temporary license (“Water License”) to use the existing water line in the location depicted in Exhibit E attached hereto and related appurtenances thereto, including without limitation pipelines, backflow devices, valves, and meters (collectively with the water line, the “Water Facilities”) to 1331
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irrigate the Licensee Property. In the event that Licensor does not repair or maintain the Water Facilities, Licensee shall have the right to access the area depicted on Exhibit E (“Water License Area”) pursuant to Section 6 for inspection and maintenance purposes and shall provide telephonic notice to Licensor at least forty-eight (48) hours prior to accessing the Water License Area at the telephone number(s) designated in accordance with Section 9 below.

Licensee acknowledges that it has inspected the Water License Area and the Water Facilities, observed no dangerous conditions, accepts the Water License Area and the Water Facilities in their “AS IS, WHERE IS” CONDITION, WITH ALL FAULTS and assumes all risk of injury or damage to the persons and property of Licensee, its employees, agents, representatives and invitees entering upon the pursuant to this License in any way connected with Licensee's use of the Water License Area and the Water Facilities or the condition thereof.

No representations as to the condition and repair of the Water License Area and/or the Water Facilities and no agreements to make any alterations, repairs or improvements in or about the Water License Area and/or the Water Facilities have been made by or on behalf of Licensor.

Licensee unconditionally waives any and all claims whatsoever related to the condition of the Water License Area and/or the Water Facilities. Without limiting the foregoing, Licensee hereby acknowledges and agrees that Licensor has made no representations or warranties concerning the suitability of the Water License Area and/or the Water Facilities for the proposed use or compliance with applicable law.

2. Effective Date. This Agreement shall be effective on the date this Agreement is recorded (“Effective Date”).

3. Term. The Water License shall terminate on the earlier of (a) twelve (12) months from the Effective Date, unless extended by the mutual written agreement of the Parties or (b) thirty (30) days from the date that Licensee provides Licensor notice that it has installed a fully functional water line or water lines and related appurtenances thereto outside of the Licensor Property to supply water to the Licensee Property (the “Term”).

4. Water Costs; Water Usage. Licensee has compensated Licensor for Licensee’s anticipated water usage during the Term as part of the purchase price under the Agreement of Purchase and Sale and Joint Escrow Instructions. During the Term, Licensee agrees to water the Licensee Property in a manner that a landscape architect determines is appropriate and will make reasonable efforts not to substantially increase the average water costs reflected in Licensor’s water bills for the period of December 17, 2021 to March 21, 2023. Licensee covenants and agrees to communicate and coordinate with Licensor the days, times, and methods that Licensee will use the Water Facilities to water the Licensee Property, it being understood and agreed that during the time Licensee uses the Water Facilities to water the Licensee Property, the water pressure for the Water Facilities located on the Licensor Property may not be sufficient to perform any such watering on the Licensor Property. For the avoidance of doubt, the converse is also true – during the time Licensor uses the Water Facilities to water the Licensor Property, the water pressure for the Water Facilities located on the Licensee Property may not be sufficient to perform any such watering on the Licensee Property.

5. Permitted Improvements and Use of the Water License Area. Licensor shall be permitted to construct improvements on the Water License Area that are not inconsistent with, 1332
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and do not materially and adversely affect, Licensee’s use of this License (“Permitted Improvements”). Licensor shall have the right to use the Water License Area for any uses that are not inconsistent with, and do not materially and adversely affect, Licensee’s use of this License, including, without limitation, landscaping and maintenance, as well as pedestrian and vehicular ingress and egress and parking.

6. Maintenance. Licensor shall be solely responsible for maintaining the Water License Area, the Permitted Improvements and the Water Facilities located on the Licensor Property.

Licensee shall be solely responsible for maintaining the Water Facilities located on the Licensee Property. Any damage to the Water Facilities, the Permitted Improvements and/or the Water License Area resulting from the negligence or willful misconduct of the other party, shall be promptly repaired at the sole cost and expense of the party that caused such damage. In the event of the failure of the Licensor to perform any of its obligations under this Section 6, Licensee shall have the right, but not the obligation, to cure such failure following written notice to Licensor and affording Licensor a reasonable opportunity to cure such failure (but in no event less than thirty (30) days, except in the event of an emergency). After exercise of this right by Licensee, Licensor shall pay to Licensee, within thirty (30) days after written demand (and the provision of Licensee to Licensor of copies of all backup documentation supporting such work), Licensor’s share of the cost of work performed, materials purchased and expenses incurred or paid by Licensee in curing the Licensor’s failure.

7. Indemnification. Licensor shall in no event be liable for any bodily injury or death of any person, or for any damage to or loss of any property, resulting from or arising out of Licensee’s, its employees’, agents’, representatives’ or licensees’ use of the Water Facilities and/or the Water License Area, except to the extent that Licensee has breached the terms of this Agreement. Licensee shall protect, indemnify, defend (with counsel acceptable to Licensor) and hold harmless Licensor and its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, costs, damages, liabilities, expenses (including, without limitation, reasonable attorneys’ fees) and/or injuries (including, without limitation, damage to property and/or personal injuries) suffered or incurred by any of the Indemnified Parties (regardless of whether contingent, direct, liquidated or unliquidated) (collectively, “Losses”), and any and all claims, demands, suits and causes of action brought or raised against any of the Indemnified Parties (collectively, “Claims”), arising out of, resulting from, relating to or connected with: (i) the negligence or willful misconduct of Licensee or its employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, the “Licensee Parties”) at, on, about, or with respect to, the Water Facilities and/or the Water License Area, and/or (ii) in connection with Licensee’s use of the Water Facilities, and notwithstanding anything to the contrary in this License, such obligation to indemnify, defend and hold harmless the Indemnified Parties shall survive any termination of this License.

Notwithstanding anything to the contrary in this License, such obligation to indemnify, defend and hold harmless the Indemnified Parties shall not apply to the extent any such claim is caused by the negligence or misconduct of the Indemnified Parties.

8. Breach; Remedy. In the event that a Party breaches or otherwise fails to perform any material obligation hereunder, the other Party shall provide notice describing the breach or 1333
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failure to perform and allow five (5) days to cure any breach of a monetary obligation and thirty (30) days to cure any other breach. If the breach is not cured within the applicable cure period, the non-breaching Party’s remedy shall be limited to a suit for actual damages, injunctive relief or specific performance. Neither Party shall have the right to recover any consequential, special, or punitive damages in the event of a breach by the other Party.

9. Notices. Any notice, demand or other communication to any of the parties hereto shall be in writing and delivered to the party to whom notice is to be given by personal service, by overnight courier or by certified United States Mail, return receipt requested, and shall be effective upon receipt at the appropriate address if addressed to the party to whom notice is to be given as set forth below.

If to Licensor:

CAFH Order at Wildomar, Inc.

Attention: Jeanne Weiler
21776 Palomar Street
Wildomar, CA 92595
Email: [email protected]
Telephone: 951-553-8052 (Jeanne Weiler)
951-428-8528 (Alicia Beatriz)
If to Licensee:

City of Wildomar
Attention: City Manager
23873 Clinton Keith Rd, Suite 201
Wildomar, CA 92595
Email: [email protected]

10. Governing Law; Venue. This License shall be governed by and interpreted under the laws of the State of California, without reference to its choice of law principles. Any dispute arising out of this Agreement or any action brought to enforce or interpret the terms and conditions hereof shall be brought in the Superior Court of Riverside County.

11. Severability. If any term, provision, covenant or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement shall continue in full force and effect, and shall in no way be affected, impaired or invalidated thereby.

12. Entire Agreement. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein.

The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” 1334
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shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by both Parties.

13. Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Licensor and Licensee. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

14. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

15. Authorized Signatories. The signatories to this Agreement hereby warrant and represent that they have the authority, on behalf of their respective principals, to execute this Agreement.

LICENSOR
CAFH ORDER AT WILDOMAR, INC.,
a California corporation
By: _______________________
Its: ________________________

LICENSEE

CITY OF WILDOMAR,
a California municipal corporation
By: _____________________________
Dan York, City Manager
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EXHIBIT A
DESCRIPTION OF PORTION OF ASSESSOR PARCEL NUMBER 380-050-027 [Attached]
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EXHIBIT B
DEPICTION OF PORTION OF ASSESSOR PARCEL NUMBER 380-050-027 [Attached]
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EXHIBIT C
Description of Licensee Property (APN 380-050-025)
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

EXCEPTING THEREFROM ALL RIGHTS TO WATER, INCLUDING SURFACE AND

GROUNDWATER RIGHTS OVER, UPON AND UNDER PROPERTY AND WHICH ARE

APPURTENANT THERETO OR ARE OTHERWISE ASSOCIATED WITH PROPERTY, AS

CONVEYED TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT BY THAT CERTAIN GRANT DEED RECORDED JUNE 9, 2020 AS INSTRUMENT NO. 2020-0244703 OF OFFICIAL RECORDS.

Assessor Parcel Number 380-050-025
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EXHIBIT D

LICENSOR PROPERTY
[Attached]
1341
EL
K
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EXHIBIT E

DEPICTION OF WATER LICENSE AREA
[Attached]
1343
K
1344
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Dated ____________________
By________________________
Dan York, City Manager
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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)
1346
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EXHIBIT 8

GRANT OF ACCESS EASEMENTS

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Wildomar
Attention: City Clerk
23873 Clinton Keith Road
Suite 201
Wildomar, CA 92595

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D),
Rev & Tax Code § 11922

GRANT OF ACCESS EASEMENTS
THIS GRANT OF ACCESS EASEMENTS (hereinafter referred to as this “Grant”) is made and entered into as of the date of recordation of the Grant (“Effective Date”), by and between CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation (hereinafter referred to as the “Grantor”) and CITY OF WILDOMAR, a California municipal corporation (hereinafter referred to as “Grantee”). Grantor and Grantee are sometimes referred to in this Agreement as a “Party” or collectively as the “Parties”.

RECITALS:

A. WHEREAS, the purpose of this Grant is to establish, in favor of Grantee, nonexclusive easements over, across, and through the property described in Exhibit A and depicted in Exhibit B hereto for access purposes as described in Sections 2 through 4 of this Grant (collectively, the “Access Easements”).

B. WHEREAS, Grantor has conveyed to Grantee that certain parcel of real property as more particularly described in Exhibit C (the “Benefitted Property”). The Access Easements are for the benefit of the Benefitted Property.

C. WHEREAS, Grantor is the owner of that certain parcel of real property as depicted in Exhibit D (the “Burdened Property”). The Access Easements are located within a portion of the Burdened Property.

NOW, THEREFORE, for good and sufficient consideration, the receipt of which is hereby acknowledged, Grantor and Grantee hereby agree as follows:

1. Incorporation by Reference. The Recitals set forth above are incorporated herein by this reference as if set forth in full, except where expressly modified herein. 1347
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2. Maintenance Access Easement. Grantor does hereby grant, bargain, sell and convey unto Grantee, and its respective successors and assigns, and Grantee’s agents, employees, invitees, guests, or contractors, a non-exclusive access easement over, through and across the Burdened Property’s Palomar Street driveway and access road connected thereto as described in Exhibit A and depicted in Exhibit B, which may be relocated in accordance with Section 5 below (the “Access Easement Area”), for pedestrian and vehicular ingress and egress, running with the land for the benefit of the Benefitted Property solely for purposes of performing maintenance activities on the Benefitted Property (the “Maintenance Access Easement”). Grantee shall provide telephonic notice to Grantor at least forty-eight (48) hours prior to accessing the Access Easement Area at the telephone number(s) designated in accordance with Section 10 below.

3. Term of the Maintenance Access Easement. The Maintenance Access Easement shall be for a term of three (3) years, unless extended by the mutual written agreement of the Parties.

Thereafter, Grantor or Grantee, individually or together, may execute and record in the Official Records of Riverside County a notice of termination referring to this Agreement and the Benefitted Property and the Burdened Property and stating that the Maintenance Access Easement has been terminated. Grantor and Grantee hereby consent to the recordation of such a notice by the other Party as the case may be. Grantor and Grantee agree to mail a copy of such notice of termination to the other Party as the case may be, but failure to observe this covenant shall not affect the validity of the notice of termination. However, such notice of termination will not affect or terminate the other terms or provisions of this Agreement.

4. Emergency Access Easement. Grantor does hereby grant, bargain, sell and convey unto Grantee, and its respective successors and assigns, and Grantee’s agents, employees, invitees, guests, or contractors, a non-exclusive access easement in perpetuity over, through and across the Access Easement Area located on the Burdened Property, only in the event of a public safety emergency (and only for so long as any such public safety emergency may last in any given instance), for pedestrian and vehicular ingress and egress to and from the Benefitted Property, including ingress and egress by public emergency vehicles and personnel (“Emergency Access Easement”). If reasonably feasible, Grantee shall provide telephonic notice to Grantor prior to accessing the Access Easement Area for such public safety purposes at the telephone number(s) designated in accordance with Section 10 below.

5. Relocation of the Access Easement Area. If Grantor determines it is necessary to relocate the Access Easement Area, Grantor shall request Grantee’s consent, which shall not be unreasonably withheld, conditioned or delayed. Grantor’s request shall include a proposed new location of the Access Easement Area that provides reasonably convenient access to the Benefitted Property from Palomar Street and the date upon which the relocation shall occur. Grantee shall respond within fifteen (15) business days and if Grantee fails to respond the request shall be deemed disapproved. If Grantee responds that the proposed location is not reasonably convenient, has concerns with the timing of the relocation of the Access Easement Area, or it is deemed that Grantee has disapproved the request, the Parties shall meet and confer for at least thirty (30) days to identify a mutually agreeable date for the relocation and new location of the Access Easement Area. The ultimate location of the relocated Access Easement Area shall be determined by Grantor in its sole and reasonable discretion following such meet and confer process. Thereafter, the Parties shall execute an amendment to this Agreement reflecting the relocated Access Easement Area. 1348
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6. Maintenance. Grantor shall be solely responsible for maintaining the Access Easement Area, and any and all improvements located thereon. Any damage to the Access Easement Area, and any and all improvements located thereon, resulting from the negligence or willful misconduct of the other party, shall be promptly repaired at the sole cost and expense of the party that caused such damage. In the event of the failure of the Grantor to perform any of its obligations under this Section 6, Grantee shall have the right, but not the obligation, to cure such failure following written notice to Grantor and affording Grantor a reasonable opportunity to cure such failure (but in no event less than thirty (30) days, except in the event of an emergency). After exercise of this right by Grantee, Grantor shall pay to Grantee, within thirty (30) days after written demand (and the provision of Grantee to Grantor of copies of all backup documentation supporting such work), Grantor’s share of the cost of work performed, materials purchased and expenses incurred or paid by Grantee in curing the Grantor’s failure.

7. Insurance. Commencing on the date hereof and thereafter so long as this Agreement continues to exist, Grantee, at its sole cost and expense, shall procure, pay for and keep in full force and effect commercial general liability insurance with respect to the Access Easement Area, specifically including personal injury, blanket contractual, owner’s protective, broad form property damage liability coverage for not less than One Million Dollars ($1,000,000) as to combined single limit per occurrence for bodily injury, death and property damage liability. Such insurance policies shall contain (i) a provision including Grantor as an additional insured, and (ii) a provision that the insurer will not cancel or change the coverage provided by such policies without first giving Grantor ten (10) days prior written notice thereof. All insurance required hereunder shall be issued by insurance companies which are admitted to do business in the State of California and which have a current rating of B+ and Class X in Best’s Insurance Guide, or as otherwise approved in writing by Grantor and Grantee. Grantor and Grantee each hereby waive any and all rights of recovery against the other, or against the partners, officers, employees, agents and representatives of the other, for loss or damage to such waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against, under any insurance policy in force at the time of such loss or damage.

8. No Interference. Grantor shall not obstruct, use, grant, or permit any agent, contractor, subcontractor or consultant of Grantor (“Grantor Party”) to obstruct, use, or grant any portion of the Access Easement Area in a manner that will unreasonably interfere with the Access Easements, or use and enjoyment of the Access Easements.

9. Grantor Indemnification. Grantor shall indemnify, defend (with counsel approved by Grantee, which approval shall not be unreasonably withheld) and hold harmless Grantee and its directors, officers, officials, employees and agents, (collectively, “Grantee Indemnitees”), from and against any and all claims, losses, liabilities, damages, fines, penalties, fees, charges, liens, judgments, causes of action, suits, legal and administrative proceedings, (whether legal or administrative), and all costs and expenses associated therewith (including without limitation attorneys’ fees, expert fees, and court costs) (all of the foregoing, collectively, “Claims”), arising out of or in any way directly or indirectly related to or resulting from the negligent acts or omissions or willful misconduct of Grantor or its officers, employees, agents, contractors, subcontractors, or any other third party acting under the control or at the request of Grantor in connection with the maintenance of or failure to maintain the Access Easement Area, except to the extent caused by the willful misconduct or negligence of the Grantee Indemnitees. 1349
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10. Grantee Indemnification. Grantee shall indemnify, defend (with counsel approved by Grantor, which approval shall not be unreasonably withheld) and hold harmless Grantor and its directors, officers, officials, employees and agents, (collectively, “Grantor Indemnitees”), from and against any and all Claims arising out of or in any way directly or indirectly related to or resulting from the negligence or willful misconduct of Grantee or its officers, employees, agents, contractors, subcontractors, or any other third party acting under the control or at the request of Grantee in connection with the Grantee’s use of the Access Easement Area or performance of or failure to perform Grantee’s obligations set forth in Section 6 above, except to the extent caused by the willful misconduct or negligence of any or all of the Grantor Indemnitees.

11. Notice. Those notices required to be in writing shall be delivered in person to the addressee’s normal place of business, or sent by registered mail, or by a recognized overnight courier for delivery the next business day, postage prepaid to the addresses set forth below. The notice shall be deemed received upon the date of delivery to the address of the Party receiving such notice as evidenced by the return receipt or proof of delivery slip of such overnight courier.

Notice that is required to be given telephonically shall be provided to a Party at the telephone numbers designated for the Party by written notice and, so long as a voicemail or text message is provided, shall be deemed immediately received. Notice given telephonically to one of the two Grantor representatives designated below shall be sufficient.

If to Grantor:

CAFH Order at Wildomar, Inc.

Attention: Jeanne Weiler
21776 Palomar Street
Wildomar, CA 92595
Email: [email protected]
Telephone: 951-553-8052 (Jeanne Weiler)
951-428-8528 (Alicia Beatriz)
If to Grantee:

City of Wildomar
Attention: City Manager
23873 Clinton Keith Rd, Suite 201
Wildomar, CA 92595

12. Breach. In the event that a Party breaches or otherwise fails to perform any material obligation hereunder, the other Party shall provide notice describing the breach or failure to perform and allow five (5) days to cure any breach of a monetary obligation and thirty (30) days to cure any other breach. If the breach is not cured within the applicable cure period, the nonbreaching Party’s remedy shall be limited to a suit for actual damages, injunctive relief or specific performance. Neither Party shall have the right to recover any consequential, special, or punitive damages in the event of a breach by the other Party.

13. Mortgagees. This Grant shall at all times be superior to the lien of any deed of trust, mortgage, security agreement or other monetary lien or encumbrance that may exist against the Burdened Property as of, or at any time after, the Effective Date. Grantor, upon the written request 1350
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of Grantee, shall obtain a written recordable agreement from its lenders and other holders of such liens, if any, whereby such lien holders agree to subordinate their interests under such liens to the rights and interests of the Parties created by this Agreement.

14. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Grant. This Grant constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Grant are not a part of this Grant and shall have no effect upon the construction or interpretation of any part of this Grant. As used in this Grant, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Grant shall be interpreted as though prepared jointly by both Parties.

15. Assignment. Grantee shall have the right and authority to assign its rights under this Grant to another public agency, entity, or person holding title to the Benefitted Property.

16. Venue; Choice of Law. This Grant shall be construed under and shall be enforced in accordance with the laws of the State of California, without reference to its choice of law principles. Any dispute arising out of this Agreement or any action brought to enforce or interpret the terms and conditions hereof shall be brought in the Superior Court of Riverside County.

17. Counterparts. The Parties hereto agree that this Grant may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

18. Authorized Signatories. The signatories to this Grant hereby warrant and represent that they have the authority, on behalf of their respective principals, to execute this Grant. [Signature Page Follows]

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GRANTOR
CAFH ORDER AT WILDOMAR, INC.,
a California religious nonprofit corporation
By: _______________________
Its: ________________________

GRANTEE

CITY OF WILDOMAR,
a California municipal corporation
By: _____________________________
Dan York, City Manager
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EXHIBIT A

LEGAL DESCRIPTION OF ACCESS EASEMENT AREA
[Attached]
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EXHIBIT B

DEPICTION OF ACCESS EASEMENT AREA
[Attached]
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Exhibit C
Benefitted Property (APN 380-050-025)
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

EXCEPTING THEREFROM ALL RIGHTS TO WATER, INCLUDING SURFACE AND

GROUNDWATER RIGHTS OVER, UPON AND UNDER PROPERTY AND WHICH ARE

APPURTENANT THERETO OR ARE OTHERWISE ASSOCIATED WITH PROPERTY, AS

CONVEYED TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT BY THAT CERTAIN GRANT DEED RECORDED JUNE 9, 2020 AS INSTRUMENT NO. 2020-0244703 OF OFFICIAL RECORDS.

Assessor Parcel Number 380-050-025
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Exhibit D
Burdened Property
[to be inserted- to be prepared]

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Dated ____________________
By________________________
Dan York, City Manager
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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)
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EXHIBIT 9

MAP OF FENCE AND GATE
[Attached]
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TS
ARK
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EXHIBIT 10

FORM OF CERTIFICATE OF NONFOREIGN STATUS
To inform City of Wildomar, a California municipal corporation (“Transferee”), that withholding of tax under Section 1445 of the Internal Revenue Code of 1954, as amended (“Code”) will not be required by CAFH ORDER AT WILDOMAR, INC., a California corporation (the “Transferor”), the undersigned hereby certifies the following on behalf of the Transferor:

1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);

2. The Transferor’s U.S. employer or tax (social security) identification number is:
_______________.

The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor.

TRANSFEROR
CAFH ORDER AT WILDOMAR, INC.,
a California corporation
By: ___________________________
Name: _________________________
Its: ___________________________
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EXHIBIT 11
Seller’s Access License

LICENSE AGREEMENT
This License Agreement (“License Agreement”) is made and entered into as of _______, 2023 by and between CITY OF WILDOMAR, a California municipal corporation (“Licensor”) and CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation (“Licensee”) with respect to the following:

R E C I T A L S:

A. Pursuant to the Agreement of Purchase and Sale and Joint Escrow Instructions (“Agreement”) entered into as of ______________, 2023 (“Effective Date”), by and between CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation (“Seller”), and CITY OF WILDOMAR, a California municipal corporation (“Buyer”), Licensor purchased that certain real property designated as Assessor Parcel Number 380-050-025 described in Exhibit A attached hereto and incorporated herein (“Licensed Property”). The parties have also entered into a Water License Agreement and a Grant of Access Easements, each for the benefit of the Licensor.

B. Licensor anticipates that the Licensed Property will be developed and open to the public in approximately three (3) years.

C. Licensee desires to obtain a license to use the Licensed Property for recreational walking purposes until the Licensed Property is open to the public and Licensor is agreeable to granting such a license on the terms and conditions set forth in this License Agreement.

A G R E E M E N T:

NOW, THEREFORE, in consideration of the above premises and for other valuable and sufficient consideration, the parties agree as follows:

1. Grant of License. On and subject to the terms and conditions set forth in this License Agreement, Licensor agrees to grant to Licensee a non-exclusive license to use the Licensed Property for recreational walking purposes from sunrise to sunset (provided that such hours may be limited by Licensor pursuant to Section 6) and for no other purpose without Licensor’s written consent (“License”).

2. Term. The term of the License shall commence on the closing date (“Commencement Date”) and shall continue until the later of (i) the date that is three (3) years from the Commencement Date, or (ii) the date that the Licensed Property is open to the public; provided, however, that the License may be sooner terminated upon the failure by Licensee to cure any breach within the applicable cure period as set forth in this License Agreement. Licensor shall provide Licensee with written notice of the date that the Licensed Property will be open to the public.
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3. License is Personal; No Property Right. Licensee acknowledges that Licensee has no property right, title, or property interest in the Licensed Property. The License is personal to Licensee and cannot be assigned, transferred, or otherwise conveyed by Licensee or by operation of law.

4. As-Is Condition. Licensee acknowledges that it has inspected the Licensed Property, observed no dangerous conditions, accepts the Licensed Property in its “AS IS, WHERE IS” CONDITION, WITH ALL FAULTS and assumes all risk of injury or damage to the persons and property of Licensee, its employees, agents, representatives and invitees entering upon the Licensed Property pursuant to this License in any way connected with Licensee's use of the Licensed Property or the condition thereof. No representations as to the condition and repair of the Licensed Property and no agreements to make any alterations, repairs or improvements in or about the Licensed Property have been made by or on behalf of Licensor. Licensee unconditionally waives any and all claims whatsoever related to the condition of the Licensed Property. Without limiting the foregoing, Licensee hereby acknowledges and agrees that Licensor has made no representations or warranties concerning the suitability of the Licensed Property for the proposed use or compliance with applicable law.

5. Improvements; Personal Property. Licensee shall not construct or install any temporary or permanent improvements, erect any signs, plant any trees or vegetation, or store any personal property on the Licensed Property.

6. City Right to Restrict Access to the Licensed Property. Licensor reserves the right to temporarily close access to the Licensed Property or portions thereof from time to time upon at least twenty-four (24) hours’ written or telephonic notice (to either of the Licensee representatives set forth below). However, in the event of an emergency, Licensor may close access to the Licensed Property or portions thereof without notice.

7. Limitations on Licensor’s Liability. Except as caused by the sole negligence or willful misconduct of Licensor, Licensor shall not be liable for any loss, injury or damage to persons using the Licensed Premises or any loss, injury or damage to any automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Licensed Property by Licensee shall be at the sole risk of Licensee. Licensor shall not be liable to Licensee for any interruption of or interference with Licensee’s use of the rights granted hereunder due to Licensor’s construction of improvements or alterations to or on the Licensed Property, or resulting from any cause beyond the reasonable control of Licensor. Licensee hereby acknowledges that Licensor shall have the right to repair, alter, improve or otherwise modify the Licensed Property as Licensor shall in its sole discretion deem appropriate.

8. Damage Caused by Licensee. If any portion of the Licensed Property or any personal property of Licensor or Licensor’s employees, servants, representatives, contractors or agents located on or about the Licensed Property is damaged or threatened by any of the activities conducted by Licensee or anyone acting by or through Licensee hereunder, Licensee shall immediately, at its sole cost, notify Licensor by facsimile or electronic mail of such damage or threat. Licensor may, but shall not be obligated, to remedy such damage or threat at Licensee’s sole cost, or Licensor may elect to witness Licensee’s repair work. In the event Licensor elects not to remedy such damage or threat, Licensee shall repair any and all such damage and restore 1365
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the Licensed Property or Licensor’s damaged personal property to its previous condition subject to Licensor’s inspection, review and approval.

9. Compliance with Laws; No Nuisance. Licensee shall comply with any and all applicable federal, state and municipal statutes and ordinances, and with all applicable regulations, orders and directives of appropriate governmental agencies in connection with its use of the Licensed Property. Licensee shall not conduct any activities in, on, under or about the Licensed Property that constitute waste, nuisance or unreasonable annoyance (including, without limitation, emission of objectionable odors, noises or lights) to Licensor, the public, or neighboring property owners.

10. Insurance. From and after the Commencement Date, Licensee shall maintain, at Licensee’s expense, Commercial General Liability (“CGL”) Insurance at least as broad as Insurance Services Office Form CG 00 01 with a limit of $1,000,000.00 per occurrence, insuring against all liability of Licensee arising out of or in connection with Licensee’s use of the Licensed Premises, including products and completed operations, property damage, bodily injury, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The CGL policy shall name Licensor, its officers, officials, employees and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as ISO Form CG 20 10.) Licensee shall provide Licensor with a copy of the Declarations and Endorsement Page for the CGL policy and certificates of insurance naming Licensor as additional insured under the CGL policy on or before the Commencement Date.

Failure to provide the required documents prior to the Commencement Date shall not waive the Licensee’s obligation to provide them.

Licensee shall also maintain, at Licensee’s expense, workers’ compensation insurance as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

Each insurance policy required by this Section 10 shall be in a form reasonably acceptable to Licensor. Each policy shall be from a company with current A.M. Best’s rating of A VII or higher and authorized to do business in the State of California or approved in writing by Licensor. The Licensor reserves the right to require complete, certified copies of all insurance policies required by this Section 10, including endorsements, at any time.

Licensee shall provide Licensor immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Licensee shall forthwith obtain and submit proof of substitute insurance.

For any claims related to this License Agreement, the Licensee’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Licensor, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the 1366
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IRV #4855-7689-4553 v1
Licensor, its officers, officials, employees, or volunteers shall be excess of the Licensee’s insurance and shall not contribute with it.

Licensee hereby grants to Licensor a waiver of any right to subrogation which any insurer of said Licensee may acquire against the Licensor by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Licensor has received a waiver of subrogation endorsement from the insurer. However, Licensee must obtain a workers’ compensation endorsement waiving subrogation against the Licensor.

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

11. Licensee Indemnity. Licensee shall indemnify, defend (with counsel approved by Licensor) and hold harmless Licensor and its board of directors, officials, employees, contractors and agents, (collectively, “Indemnitees”), from and against any and all claims, losses, liabilities, damages, fines, penalties, fees, charges, liens, judgments, causes of action, suits, legal and administrative proceedings, (whether legal or administrative), remediation, response, removal, or clean-up obligations, and all costs and expenses associated therewith (including without limitation attorneys’ fees, expert fees, and court costs) (all of the foregoing, collectively, “Claims”), to the extent arising out of or related to or resulting from Licensee’s use of the Licensed Property whether by Licensee or its officers, employees, agents, contractors, subcontractors, or any other third party acting under the control or at the request of Licensee (collectively, “Licensee Parties”), or other acts, omissions, negligence or willful misconduct of Licensee or any Licensee Parties, except to the extent caused or exacerbated by the willful misconduct or sole negligence of the Indemnitees. The foregoing indemnity shall include, without limitation, Claims relating to personal injury, bodily injury, death and property damage, and Claims in any way related to the disposal, treatment, transportation, manufacture, or use of any Hazardous Substances by Licensee or any Licensee Parties. Licensee’s obligations under this Section shall survive the expiration or earlier termination of this License only as to Claims that accrued prior to termination of the License, whether or not such Claims were filed or otherwise acted upon during the term of the Agreement.
“Hazardous Substances” means any (i) substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to CERCLA, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (“RCRA”); the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; The Clean Water Act, 33 U.S.C. § 1251, et seq.; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) § 25100, et seq.; the Hazardous Substance Account Act, H.& S.C. § 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H. & S.C. § 25249.5, et seq.; Underground Storage of Hazardous Substances H.& S.C. § 25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act (H.&S.C. § 25300 et seq.); the Hazardous Waste Management Act, H.&S.C. §§ 25170.1, et seq.; Hazardous Materials Response Plans and Inventory H.& S.C. § 25001 et seq.; or the Porter-Cologne Water Quality Control Act, Water Code § 13000, et seq., all as amended, or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct 1367
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concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes; (iii) petroleum, crude oil or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles; (iv) polychlorinated biphenyls (PCB), radon gas, urea-formaldehyde, asbestos, asbestos-containing materials, and lead; and (v) per- and polyfluoroalkyl substances (PFAS).

12. Default.
(a) Either party hereto may, from time to time, at its option, exercise all rights or remedies which it may have either at law or in equity and nothing herein contained shall be construed as in any way abridging or waiving any such rights or remedies; and, consent, waiver or compromise by either party of or under any of the provisions of this License Agreement, or as to any breach or default hereunder by the other party, shall not constitute or be construed as a waiver of such party's right to enforce strict interpretation and performance of the conditions and terms hereof by the other party at all other times and as to the same and all other matters herein contained.
(b) If default shall be made in any of the covenants or agreements on the part of Licensee contained in this License Agreement, Licensor, at its option, may terminate this License Agreement effectively immediately upon giving notice, re-enter and take possession of the Licensed Premises and remove all persons therefrom; provided, however, that Licensor shall have first given Licensee written notice of any such default or breach together with a demand that such default or breach be cured within thirty (30) days after receipt of notice and Licensee shall have failed to commence the cure of such default or breach within such period and thereafter diligently and continuously pursue such cure to completion.

13. Notices. Except for those notices described in Section 6, all notices and other communications given pursuant to this License Agreement shall be in writing and shall be deemed received when personally delivered (including by commercial courier or next business day delivery service) or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the parties at the addresses set forth below.

If to Licensor:

CAFH Order at Wildomar, Inc.

Attention: Jeanne Weiler
21776 Palomar Street
Wildomar, CA 92595
Email: [email protected]
Telephone: 951-553-8052 (Jeanne Weiler)
951-428-8528 (Alicia Beatriz)
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If to Licensee:

City of Wildomar
Attention: City Manager
23873 Clinton Keith Rd, Suite 201
Wildomar, CA 92595
Email: [email protected]
Telephone: 951-677-7751
Any party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

14. Severability. The invalidity or unenforceability of any term or provision of this License Agreement shall not affect the validity or enforceability of any other term or provision of this License Agreement all of which shall remain in full force and effect.

15. Choice of Law. This License Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Venue shall be in Riverside County.

16. Attorneys’ Fees. If either party to this License Agreement brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the court.

17. Section Headings. Section headings contained in this License Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision.

18. Authority. Each person or entity executing this License Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such person or entity is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this License and perform all of its obligations hereunder.

19. Amendments. No term or provision of this License Agreement may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the party against which enforcement of such amendment, alteration, modification or waiver is sought.

20. Counterparts. This License Agreement may be executed in counterparts, all of which together constitute but one and the same instrument. This Agreement may be executed electronically by DocuSign® and facsimile, electronic or photocopies shall be binding to the same extent as an original signature page.
[Signatures on the Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first-above written.

LICENSOR
CAFH ORDER AT WILDOMAR, INC.,
a California corporation
By: _______________________
Its: ________________________

LICENSEE

CITY OF WILDOMAR,
a California municipal corporation
By: _____________________________
Dan York, City Manager
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Exhibit A
Description of Licensed Property
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

EXCEPTING THEREFROM ALL RIGHTS TO WATER, INCLUDING SURFACE AND

GROUNDWATER RIGHTS OVER, UPON AND UNDER PROPERTY AND WHICH ARE

APPURTENANT THERETO OR ARE OTHERWISE ASSOCIATED WITH PROPERTY, AS

CONVEYED TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT BY THAT CERTAIN GRANT DEED RECORDED JUNE 9, 2020 AS INSTRUMENT NO. 2020-0244703 OF OFFICIAL RECORDS.

Assessor Parcel Number 380-050-025
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the [deed or grant] dated _______________ from CAFH ORDER AT WILDOMAR, INC., a California religious nonprofit corporation to CITY OF WILDOMAR, a California municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of City Council pursuant to authority conferred by resolution of the City Council adopted on _______ and the grantee consents to recordation thereof by its duly authorized officer.

Dated ____________________
By________________________
Dan York, City Manager
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

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)
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.1
Meeting Date: June 14, 2023
SUBJECT: Minutes-May 10, 2023 - Regular Meeting
ACTION:

Approve the minutes as presented.

ATTACHMENTS:
05-10-23_Cem_Min_.docx
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MINUTES

CITY OF WILDOMAR
CEMETERY DISTRICT –REGULAR MEETING
WEDNESDAY, MAY 10, 2023

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez, Dustin Nigg

CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
The regular session meeting was called to order by Chair Morabito at 9:18 P.M.

ROLL CALL
Staff in Attendance: City Manager York, City Attorney Jex, Community Development Director Bassi, Code Enforcement Supervisor Berroteran, Senior Financial Analyst Jantz, Economic Development Director Davidson, Public Works Director Farag, Administrative Services Director Schrader, Development Manager Stadnik, IT Technician Sung, and Community Services Director Torres.

PUBLIC COMMENTS
None

BOARD COMMUNICATIONS
None

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Dustin Nigg, seconded by Ashlee DePhillippo to Approve the Agenda as presented.

Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

4. CEMETERY CONSENT CALENDAR
Moved by Bridgette Moore, seconded by Ashlee DePhillippo to approve all items on the consent calendar.

Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez, Dustin Nigg
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Voting Against: None
Abstain: None

Absent: Dustin Nigg

4.1 Minutes-February 8, 2022-Regular Meeting
Approved the minutes as presented.

4.2 Minutes-March 8, 2022-Regular Meeting
Approved the minutes as presented.

4.3 Minutes-April 12, 2022-Regular Meeting
Approved the minutes as presented.

4.4 Warrant Register Cemetery April 2023
Approved the following:

For Fiscal Year 2022/2023.

1. Warrant Register dated 04-13-2023 in the amount of $6,045.40.

2. Warrant Register dated 04-27-2023 in the amount of $6.49.

4.5 March 2023 Cemetery Treasurers Report
Approved the Treasurer’s Report for February 2023.

5. CEMETERY PUBLIC HEARINGS
None.

6. CEMETERY GENERAL BUSINESS
None.

GENERAL MANAGER REPORT
None.

FUTURE AGENDA ITEMS
None.

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Morabito adjourned the meeting at 9:20 p.m.

Submitted by: Approved by:

Daniel York Joseph Morabito
City Manager Chair
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.2
Meeting Date: June 14, 2023
SUBJECT: Warrant Register Cemetery May 2023
SUBMITTED BY: Nicholas Neidiffer
PREPARED BY: Nicholas Neidiffer
ACTION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 05-04-2023 in the amount of $2,079.23.

2. Warrant Register dated 05-11-2023 in the amount of $1,072.95.

3. Warrant Register dated 05-25-2023 in the amount of $1,604.80.

DISCUSSION:

The Wildomar Cemetery District requires that the Trustees audit payments of demands and direct the General Manager to issue checks. The Warrant Registers are submitted for approval.

FISCAL IMPACT:

These Warrant Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2022/23 Budget.

ATTACHMENTS:

May 2023 Cemetery Warrant Register Voucher Listings.pdf 1377
05/04/2023
Voucher List
City of Wildomar
1 2:53:39PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216516 5/4/2023 000367 CINTAS CORPORATION 4152161683 STAFF UNIFORM & TOWEL MAINTENANCE 90.52 4152868545 STAFF UNIFORM & TOWEL MAINTENANCE 90.52
4153518446 STAFF UNIFORM & TOWEL MAINTENANCE 90.52
Total : 271.56
216517 5/4/2023 001338 DEANZA TERMITE & PEST CONTROL, INC624995B PEST CONTROL CEMETERY (4/21/23) 27.50 Total : 27.50
216518 5/4/2023 001933 HONOR PLUMBING CO 14158 MISC. REPAIR 150.00 Total : 150.00
216519 5/4/2023 000186 RIGHTWAY 336948 (33) SEPTIC REPAIR, 21400 PALOMAR ST. 1,180.62 (2) CEMETERY RESTROOM 449.55

MAINTENANCE/SERVIC
336964
Total : 1,630.17
4 Vouchers for bank code : wf Bank total : 2,079.23
4 Vouchers in this report Total vouchers : 2,079.23
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05/11/2023
Voucher List
City of Wildomar
1 3:59:26PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216554 5/11/2023 000367 CINTAS CORPORATION 5156966823 CEMETERY FIRST AID & SAFETY 485.35 Total : 485.35
216555 5/11/2023 000367 CINTAS CORPORATION 4154273127 STAFF UNIFORM & TOWEL MAINTENANCE 90.52 4154986729 STAFF UNIFORM & TOWEL MAINTENANCE 82.44
Total : 172.96
216556 5/11/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT 12323657 03/21/23-04/19/23 CEMETERY WATER

SERVICE
343.82
Total : 343.82
216557 5/11/2023 000941 FRONTIER 41923 CEMETERY VOICE/INTERNET SVC 04/19/23-05/

70.82 Total : 70.82
4 Vouchers for bank code : wf Bank total : 1,072.95
4 Vouchers in this report Total vouchers : 1,072.95
1379
05/25/2023
Voucher List
City of Wildomar
1 12:30:33PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216598 5/25/2023 000088 ACE HARDWARE 307218/3 CEMETERY DEPT SUPPLIES 77.44 Total : 77.44
216599 5/25/2023 000367 CINTAS CORPORATION 4155683559 STAFF UNIFORM & TOWEL MAINTENANCE 82.44 Total : 82.44
216600 5/25/2023 001973 DIAMOND W EXCAVATING, INC. 1254 MISC. REPAIR- CEMETERY 375.00 Total : 375.00
216601 5/25/2023 001139 LIFTOFF, LLC 7192ADD4 OFFICE SOFTWARE 100.00 Total : 100.00
216602 5/25/2023 000186 RIGHTWAY 340507 (2) CEMETERY RESTROOM

MAINTENANCE/SERVIC
449.55
Total : 449.55
216603 5/25/2023 001258 SUNBELT RENTALS, INC. 127928168,131922558 DUPLICATE PAYMENT REVERSE (CREDIT MEMO)
-563.18
13788637-0001 CEMETERY EQUIPMENT RENTAL 1,083.55
Total : 520.37
6 Vouchers for bank code : wf Bank total : 1,604.80
6 Vouchers in this report Total vouchers : 1,604.80
1380

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.3
Meeting Date: June 14, 2023
SUBJECT: April 2023 Cemetery Treasurers Report
SUBMITTED BY: Adam Jantz
PREPARED BY: Adam Jantz
ACTION:

Approve the Treasurer’s Report for April 2023.

SUMMARY:

April 2023 Cemetery Treasurer's Report
DISCUSSION:

Attached is the Treasurer’s Report for Cash and Investments for the month of April 2023.

FISCAL IMPACT:

This is only a reporting of balances for the City, therefore it has no fiscal impact.

ACCOUNT CODE:
300-1011
301-1011
ATTACHMENTS:

April 2023 Cemetery Treasurer's Report
1381

PERCENT

OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 301 $ 400,390.13 $ 400,390.13 $ 400,390.13 27.85% 0 4.97% 300 $ 1,006,298.90 $ 1,006,298.90 $ 1,037,167.81 72.15% 0 Variable $ 1,406,689.03 $ 1,406,689.03 $ 1,437,557.94 100.00%
+ + WITHDRAWALS/

BEGINNING DEPOSITS/ INTEREST SALES/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED MATURITIES BALANCE RATE 301 $ 398,759.63 $ - $ 1,630.50 $ - $ 400,390.13 4.97%
300 $ 1,004,915.63 $ - $ 1,383.27 $ - $ 1,006,298.90 Variable $ 1,403,675.26 $ - $ 3,013.77 $ - $ 1,406,689.03
City Treasurer
In compliance with the California Code Section 53646, as City Treasurer for the Wildomar Cemetery District, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the District's expenditure requirements for the next six months.

I also certify that this report reflects all Government Agency pooled investments and all of the District's Bank Balances.

Heidi Schrader 5/18/2023 Heidi Schrader Date
TOTAL

WILDOMAR CEMETERY DISTRICT

TREASURER'S REPORT FOR

CASH AND INVESTMENT PORTFOLIO
April 2023

DISTRICT INVESTMENT
ISSUER
ISSUER
TOTAL

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP POOL

CAMP MANAGED ACCOUNT
1382
RIV #4844-0876-1400 v1
4892-0190-9096 v1

SEVENTH AMENDMENT TO

DESIGN PROFESSIONAL SERVICES AGREMENT FOR

ENGINEERING SERVICES FOR THE BUNDY CANYON

ROAD IMPROVEMENT PROJECT
by and between
the

CITY OF WILDOMAR
and
PARSONS TRANSPORTATION GROUP Inc.

Dated June 14, 2023
DocuSign Envelope ID: F343D6A1-9C9B-4B11-A38C-7448880E27CE 138319
RIV #4844-0876-1400 v1 -2-
4892-0190-9096 v1

SEVENTH AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT

FOR ENGINEERING SERVICES FOR THE BUNDY CANYON ROAD IMPROVEMENT

PROJECT
This Seventh Amendment to Agreement for Design Professional Services (“Fourth Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and Parsons Transportation Group, Inc., a State of Illinois Corporation (“Service Provider”), as follows:

RECITALS
A. City and Service Provider entered in an agreement for Design Professional services on September 10, 2014 (“Agreement”). The Agreement provides that Service Provider will perform engineering services.

B. City and Design Professional approved a First Amendment to Agreement for additional Design Professional Services on October 12, 2016.

C. City and Design Professional approved a Second Amendment to Agreement for additional Design Professional Services on September 19, 2018.

D. City and Design Professional approved a Third Amendment to Agreement for additional Design Professional Services on September 11, 2019.

E. City and Design Professional approved a Fourth Amendment to Agreement for additional Design Professional Services on October 28, 2021.

F. City and Design Professional approved a Fifth Amendment to Agreement for additional Design Professional Services on July 13, 2022.

G. City and Design Professional approved a Sixth Amendment to Agreement for additional Design Professional Services on October 12, 2022.

H. Sections 2 and 4 of the Agreement provide the Scope and Cost for the performance of the services, respectively.

I. This Seventh Amendment amends Section 4 to increase the agreement cost by $145,526.32, to a total not to exceed amount of $1,521,790.03.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Seventh Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

DocuSign Envelope ID: F343D6A1-9C9B-4B11-A38C-7448880E27CE 138420
RIV #4844-0876-1400 v1 -3-
4892-0190-9096 v1

1.1 Compensation and Method of Payment. Section 4 of the Agreement is hereby amended as follows:
a. The second sentence in Section 4(a) is hereby amended to read as follows:

The total compensation, including reimbursement for actual expenses, shall not exceed one million five hundred twenty one thousand seven hundred ninety dollars and three cents ($1,521,790.03), unless additional compensation is
approved in writing in accordance with Section 26
“Administration and Implementation” or Section 28
“Amendment” of this Agreement.
b. Exhibit ‘B’ Compensation is hereby amended, to add additional hours for Staff Augmentation as detailed in Exhibit ‘A’ attached to this amendment, to read as follows:
i. Staff Augmentation: $294,517.50

2. GENERAL PROVISIONS.

2.1 Remainder Unchanged. Except as specifically modified and amended in this Seventh Amendment, the Agreement remains in full force and effect and binding upon the parties.

2.2 Integration. This Seventh Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Seventh Amendment.

2.3 Effective Date. This Seventh Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Service Provider.

2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Seventh Amendment.

2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Seventh Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Seventh Amendment.

DocuSign Envelope ID: F343D6A1-9C9B-4B11-A38C-7448880E27CE 138521
RIV #4844-0876-1400 v1 -4-
4892-0190-9096 v1
IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment to the Agreement on the date and year first written above.

CITY

CITY OF WILDOMAR
By:_________________________________
Dan York, City Manager
ATTEST:
______________________________
Janet Morales, City Clerk

APPROVED AS TO FORM
______
Thomas D. Jex, City Attorney

SERVICE PROVIDER
PARSONS TRANSPORTATION GROUP, Inc.

By:__________________________________
Name: Rick McAlpin
Title: Vice President
By:__________________________________
Name:_____________________________
Title: __________________________
Paul Walker-Lanz
Vice President, Treasurer
DocuSign Envelope ID: F343D6A1-9C9B-4B11-A38C-7448880E27CE 138622
RIV #4845-1206-0416 v1
4892-0190-9096 v1
Exhibit “A”
DocuSign Envelope ID: F343D6A1-9C9B-4B11-A38C-7448880E27CE 138723
Construction Management Staff Augmentation Cost Proposal Bundy Canyon
PROJECT CIP 026-1 Begin Staff Augmentation
End Construction AugmentationEnd Project Closeout Augmentation Augmentation Staff Personnel June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Total Hours Burden Hourly Rate Amount Resident Engineer Support Zack Mazraani 72 78 46 44 42 40 46 16 12 7 10 4 20 20 20 477 $ 164.62 $ 78,523.26 Roadway Inspector Support Oliver Saikaly 32 200 160 192 160 144 192 152 160 200 144 192 20 1948 $ 110.88 $ 215,994.24 $ 294,517.50
Less Amendment No. 5: $ (148,991.18)
Actual hours in blue, estimated hours in black. Amendment No. 7: $ 145,526.32 Construction Post-Construction
Parsons 2022 2023
Total CMSA Costs:

Parsons
DocuSign Envelope ID: F343D6A1-9C9B-4B11-A38C-7448880E27CE 138824
4893-7512-0232 v1
First Amendment to Landscape and Parks Maintenance Services Agreement This First Amendment to Agreement for Landscape and Parks Maintenance Services (“First Amendment”), which is dated as of June 14, 2023, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and INLAND EMPIRE LANDSCAPE, Inc., a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered into an agreement for Landscape and Park Maintenance Services on June 10, 2020 (“Agreement”). The Agreement provides that Contractor will perform landscape and park maintenance services.

B. This First Amendment amends the Agreement to extend the term with the First Extension, modify the scope of services to be provided, and modify the compensation.

OPERATIVE PROVSIONS
Now, therefore, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. In accordance with Section 2 of the Agreement, the first extension to the Agreement is hereby approved and the Agreement term is extended by a period of one (1) year, ending on June 30, 2024.

2. Attachment 2a of Exhibit “A,” to the Agreement (“Specifications and Proposal to Inland Empire Landscaping Agreement”), is hereby replaced with the Scope of Services attached hereto as Attachment A and incorporated herein.

3. Exhibit 3 (“Cost Proposal”) of Attachment 2b of Exhibit “A” (“Proposal to Inland Empire Landscaping Agreement”) with the Compensation Schedule attached hereto as Attachment B and incorporated herein.

GENERAL PROVISIONS

1. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.

2. Integration. This First Amendment consists of two pages and the attached Attachments A and B inclusive and constitutes the entire understanding of the parties.

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1389 125
4893-7512-0232 v1

3. References. All reference to the Agreement includes all its respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as assigned to such terms in the Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF WILDOMAR
__________________________
Daniel A York
City Manager
ATTEST:
__________________________
Janet Morales
City Clerk

INLAND EMPIRE LANDSCAPE
_______________________
Joel Ibarra
President, Secretary
APPROVED AS TO FORM:
__________________________
Thomas D. Jex
City Attorney
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1390 126
4893-7512-0232 v1

ATTACHMENT A

REVISED SCOPE OF SERVICES
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1391 127

CITY OF WILDOMAR

LANDSCAPE MAINTENANCE

SERVICES SPECIFICATIONS
SECTION 1 – INSTRUCTIONS AND INFORMATION

1. Overview
The purpose of these contract Specifications is to provide ongoing maintenance for all existing and future annexed Zones within the City of Wildomar (City) in Landscaping and Lighting Maintenance District No. 89-1-Consolidated (L&LMD 89-1-C,) Community Facility Districts 2013-1 (CFD 2013-1, 2022-1, and any future CFDs) Community Service Area (CSA 103), City Parks, and City right-of-way. The maintenance for this project is funded by various public funds including a special assessment to the property owners within L&LMD 89-1-C; a citywide special parks tax; various Community Facility Districts (CFD’s) and, public works maintenance funds. Therefore, it is imperative that special attention is given to the maintenance of these projects and the plant material remains thriving and in excellent condition.

2. Project Descriptions
A. Landscape maintenance areas shall consist of, but shall not be limited to:
a. City parks
b. City facilities
c. Slope areas
d. Roadway medians
e. Road streetscape/parkway landscaping
f. Drainage channels within landscaped areas
g. Other areas within the City right-of-way.

Landscape maintenance within maintained areas shall include but shall not be limited to, turf, trees, shrubs, ground cover, planters, slopes, vines, landscaping fences, and irrigation systems maintenance and management.

B. The Contractor is expected to fully and adequately perform and complete the below listed Scope of Service in accordance with Industry accepted practices.

3. Additions/ Deletions to City Landscape Areas
A. Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas.

B. Any and all such changes shall only be made upon written notification in the form of a change order, work order, contract amendment, or other formal documentation as provided by the City which shall clearly state the effective date of the change.

C. Costs to add or delete landscape maintenance areas shall be limited to either original bid items, supplemental landscape maintenance areas, new landscape maintenance services, or extra work items.

D. The City reserves the right to add or remove any maintained area from the contract with thirty (30) days written notice.

4. Licensing and Permits
A. Contractor shall maintain and provide a copy of each of the following licenses:

1. The Contractor shall have a current and valid California Landscape (C-27) Contractor’s License,

2. A current and valid copy of the Contractor’s Qualified Applicator License (QAL) including “B” & “C” Categories from a full-time permanent employee on staff,

3. Contractor and any sub-contractor will also be required to secure and DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1392 128
maintain a valid City of Wildomar Business Registration,

4. A current and valid copy of the I.S.A. Arborist Certification,

5. A current and valid copy of the I.A. Certified Landscape Irrigation Auditors Certificate,

6. A current and valid copy of the Pest Control Business License issued to the company performing the landscape work. The Pest Control Business License shall be registered with the Riverside County Agriculture Commissioner. A Pest Control Business License is required due to the right-of-way conditions and common public areas.

B. Contractor shall obtain any permits required by Federal, State, or local governmental agencies for the use of special chemicals. All applications of pesticides shall be done in compliance with governmental requirements.

C. The City shall receive a copy of all chemical/pesticide/herbicide monthly reports (pest control records and/or pesticide use reports). Contractor shall maintain up-todate daily reports as required by State and/or County requirements.

5. Prevailing Wage
A. Pursuant to the labor code, the City relies on the Director of the Department of Industrial Relations, State of California, his/her determination of general prevailing rates of per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, as set forth on the schedule which is on file at the principal office of the Owner, and which will be made available to any interested person upon request.

B. Contractor’s Requirements: For all repair/new installation/maintenance work at these locations, the successful contractor must adhere to the following:

1. Contractor and/or Sub-contractors (upon City approval) must possess the proper Contractors license issued by the State of California for each craft or type of workman or mechanic needed to execute the contract.

2. Pay their employees the general prevailing rate of wages for each craft or type of workman or mechanic needed to execute the contract.

3. Submit certified payroll per form DLSE Form A-1-131 or most current approved form available at: https://www.dir.ca.gov/dlse/forms/pw/dlseforma-1-131.pdf (A form may be created to meet existing payroll period such as: every two weeks, twice monthly, and must include all the information on the State Form. However, signed State certification page must be submitted.)

4. Certified payroll may not lag more than 40 days behind current calendar day (30-day buffer to submit certified payroll).

6. Compensation
A. Contractor shall provide a monthly cost to provide all services identified in these specifications by type of services area, as listed below. Contractor’s monthly rate shall include all costs necessary to provide all labor, materials, tools, equipment, delivery, and fuel services in order to meet all requirements of these specifications, unless the specification explicitly identifies the work to be qualified as extra work.
a. LLMDs
b. CSAs
c. CFD 2013-1
d. CFD 2022-1
e. Parks
f. Cemetery
g. Other Areas as Assigned by the City
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1393 129

7. General Requirements
A. Furnish all necessary legal transportation, permits, insurance and taxes, in the performance of the scope of services.

B. Provide all labor, materials, tools, equipment, traffic control, fuel, and supervision necessary to maintain the landscaping and irrigation systems as required.

C. Schedule work during normal working hours, Monday thru Friday, 7:00 A.M. to 5:00 P.M. Prior approval by the City is required for any and all work outside normal working hours, with the exception of emergency situations. Do not schedule or plan on performing landscape or irrigation maintenance on Saturdays or Sundays.

D. Contractor shall submit and maintain a current maintenance schedule for these projects, to be updated as needed to maintain an accurate schedule. Contractor shall make changes to the schedule as necessary, when requested by the City.

E. Dress Code and Appearance – The Contractor shall be required to provide uniforms, with the company name imprinted on them, for the contracted personnel. Contracted personnel shall wear uniforms, at all times, when on the projects.

F. Vehicle Labeling – The Contractor shall provide company name, telephone number, and Contractor’s License number on all vehicles working on the projects. Labeling may be permanent or temporary.

G. Contractor shall be in compliance with Approved American National Standard (ANSI) Z133.1-2006 Standards while working/participating in horticulture work.

H. Emergency Services – The Contractor shall be available to provide emergency services on a 24 hour per day, seven day per week basis.

8. Safety
A. Contractor shall conform to all governing safety regulations.

B. Contractor shall be solely responsible for the condition of the premises on which the work is performed and for safety of the premises on which the work is performed. This requirement shall not be limited to normal working hours but shall apply continuously.

C. Contractor is not authorized to block a traffic lane unless all legal traffic control measures are in place, and the City has been notified of the intended closure 72 hours in advance.

D. Traffic Control - Traffic Control is the sole responsibility of the Contractor. Additional traffic control may be required if existing traffic control is deemed insufficient. Traffic Control shall conform to all requirements of the latest edition of the California Manual on Traffic Control Devices (CA MUTCD).

E. Contractor shall not trespass, perform illegal activities, or walk on top of walls.

F. Contractor shall use ladders in a safe and responsible manner.

I. Contractor shall be responsible for the proper education of their employees on all equipment used by the employees. Contractor shall perform annual safety instruction.

J. Vehicle Safety – The Contractor shall provide on their onsite vehicles a ‘backup warning device’ that operates automatically while the vehicle is backing, such as a buzzard, bell, horn, etc. Vehicles should be parked in such a manner as not to create confusion, a hazard, block signage, or impact traffic. The Contractor shall provide on all of their vehicles a high intensity rotating, flashing, oscillating or strobe light on their vehicles.

Vehicle hazard warning signals may be used to supplement the above required lighting, but not as a replacement. Vehicles shall be in good working order, safe, legally registered to the Company, well maintained, and good in appearance.

K. Vehicle Occupancy – Contractor shall not exceed passenger vehicle occupancy safety ratings.

G. Whenever herbicides are used, Contractor shall apply when air currents are still to DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1394 130
prevent herbicide drift onto adjacent property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. Damage to adjacent formal plant material deemed to be damaged by herbicide use will be replaced by the Contractor, at the Contractors’ expense.

H. City Staff reserves the right to enforce proper chemical applications in the use of pesticides, herbicides, pre- and post-emergents. Procedures known to be in violation will be reported and chemical application will be suspended or terminated. Activity determined to be detrimental may be reported to the County Agricultural Commissioner for investigation.

I. Contractor shall focus on spill prevention, spill control, and spill cleanup at all times while performing City maintenance activities. Contractor shall practice safe storage practices of all chemicals and landscape products at all times while performing maintenance activities. Contractor shall readily clean up any spills associated with their maintenance activities including: blowing excess fertilizer into a landscaped area only; preventing fuel spillage during refueling activities; seal leaking containers (glue & primer), etc.

J. Pursuant to certification standards established by the Division of Apprenticeship Standards and the California Code of Regulations, Title 8, Section 290 through 296.4 state individuals working on electrical devices greater than 100 volts must have a State of California Electrical Certification. Landscape Contractor shall contact City to address Electrical issues greater than 100 volts.

9. Invoicing, Scheduling, Monthly Reporting, and Meetings A. Invoicing:
a. The Contractor shall submit invoices at a regular frequency, as identified in the Services Agreement.
b. Invoices shall be submitted along with verification of the actual compensation earned. Copies of all invoices for materials and supplies included on a payment request are required.

B. Scheduling
a. Contractor shall submit a monthly schedule of maintenance activities, prior to the first day of each month. The monthly schedule shall reflect all locations of work to receive maintenance once per month.

C. Maintenance Reports
a. When submitting an invoice, Contractor shall also submit a monthly recap of all maintenance performed in each zone for the prior month. The monthly recap shall include, but shall not be limited to:
i. Routine maintenance summaries
ii. Observations of any deficient items in any maintained area and corrective actions scheduled or taken
iii. A summary of the condition of irrigation equipment in each maintained area
iv.
v. Number and type of plant replacements per area
vi. A summary of any extraordinary items or extra work performed.

D. Meetings
a. The assigned landscape maintenance supervisor shall be available to meet with the City's designated representative in the field and/or virtually via video meetings on a monthly basis.
b. No additional, or separate, compensation shall be paid for attending meetings, which shall be considered as included in the compensation paid for all the various services provided hereunder.

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1395 131

10.Extra Work and Warranty Period
A. Extra Work means services or materials, or equipment furnished by the Contractor which is over and above his contract provisions and which are reimbursed by the City.

B. Any products or services not otherwise specified in this specification shall be negotiated between the Landscape Maintenance Contractor and the City at a price agreed upon by both parties.

C. All extra work must have written approval based on a contractor prepared estimate prior to the work being performed. Estimates for extra work shall only include costs for material and labor.

D. Invoicing for the actual cost will be presented with the prepared estimate and shall include all supporting receipts, delivery tickets and agreed to mark-up for materials and subcontractors.

E. A one-year unconditional warranty shall be in effect for any extra work completed by the Contractor. The warranty shall cover all materials and workmanship.

11.Quality Assurance
A. All performance (which includes services, workmanship, materials, supplies, and equipment furnished or utilized in the performance of this Scope of Service) shall be subject to inspection and test by the City or other regulatory agencies. The Contractor shall provide adequate cooperation to any inspector or other City representative to permit him/her to determine the Contractor’s conformity with the terms of this Scope of Service.

B. If any services performed or products provided by Contractor are not in conformance with this Scope of Service, the City shall have the right to require the Contractor to perform the services or provide the products in conformance with the terms of this Scope of Service at no additional cost to the City. When the services to be performed or the products to be provided are of such nature that the difference cannot be corrected, the City shall have the right to:

1. Require the Contractor immediately to take all necessary steps to ensure future performance in conformity with the terms of this Scope of Service; and/or

2. Reduce the price (including monthly maintenance cost) to reflect the reduced value of the services performed or products provided. The City may also terminate the Contract as a result of default and charge to Contractor any costs incurred by the City because of the Contractor’s failure to perform.

C. Contractor shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Scope of Service; and shall permit a City representative or other regulatory official to monitor, assess or evaluate Contractor’s performance under this Scope of Service at any time with/without reasonable notice to Contractor.

D. The Contractor shall use an adequate number of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of all work contained in these specifications.

1. Contractor shall provide the City with the main contact and superintendent responsible for daily activities. Any changes in lead personnel shall be made in writing and approved by the City.

2. Contractor shall maintain and provide to the city a list of crew personnel with their craft or work skill.

E. City may request Contractor’s personnel be removed from the site without explanation or reason. Such personnel shall be allowed to work the rest of the day but must be replaced by the next day or next service day, whichever is sooner.

1. Contractor shall provide the City with the main contact and superintendent DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1396 132
responsible for daily activities. Any changes in lead personnel shall be made in writing and approved by the City.

2. Contractor shall maintain and provide to the city a list of crew personnel with their craft or work skill.

12.Performance Evaluation
A. The performance of the maintenance work will be reviewed and monitored by the City on an ongoing basis.

B. The City may review individual landscaped areas at any given time with or without the presence of the Landscape Maintenance Contractor.

C. During these reviews, the City may utilize a Landscape Maintenance Evaluation Report to document the findings using checklists, notes and photos.

1. Contractor shall work diligently to perform/repair/replace items noted on Report.

Contractor or contractor’s representative shall sign the Report as acknowledged and with a completion date to address all issues on Report.

2. Items noted on the Report that Contractor deems as extras shall be addressed and accepted by the City prior to completing noted item.

3. Report shall be considered correspondence between the City and Contractor.

D. If, during the effective period of this agreement, the Contractor violates any of the provisions of this contract or fails to properly provide the service required by this Contract, the City will, on ninety (90) days written notice to the Contractor, initiate termination procedures of this agreement.

13.End of Contract - Plant Replacement
A. Thirty (30) days prior to the termination of the maintenance contract, an inspection of any foliage will be conducted by the Contractor and the City. Any foliage deemed by the City to be in poor condition due to contractor’s negligence or mishandling will be replaced at the Contractor’s expense.

SECTION 2 – LANDSCAPE MAINTENANCE SPECIFICATIONS

1. Parkway/ Median Maintenance
A. Contractor is responsible for ensuring that all parkway/ median maintenance is performed in a safe manner and that no hazard is created by such operation.

B. Irrigation shall be adjusted and inspected as often as needed to insure no unsafe condition is created by irrigation run-off onto road surface.

C. The Contractor shall trim and edge around all fixed objects including fire hydrants, telephone poles, irrigation boxes, utilities fixtures, and other noticeable items.

1. Plant material shall not be allowed to obstruct any site line of vehicular traffic and shall be for proper maintenance.

2. Any fines imposed from utility providers as a result of shrub or plant material overgrowth will be passed on to the contractor.

D. The Contractor shall trim any dead material from all shrubs, bushes, and groundcover to maintain a pleasing appearance at all times.

E. The Contractor shall control all pests and diseases, including rodents and snails at no additional cost to the City. Time and materials shall be all-inclusive in the monthly cost.

This includes any existing pests and diseases.

1. Beehives may be removed at an additional expense after written notification.

F. The Contractor shall maintain all parkways in a weed-free condition.

1. All areas shall be checked on a weekly basis and any visible weeds shall be removed and / or sprayed with herbicide.

2. Adjacent plant material shall not be harmed with herbicides.

3. Weeds between the pavement and gutter, gutter and sidewalk, and between DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1397 133
sidewalk sections shall be removed.

G. The Contractor shall maintain all parkways in a trash-free condition.

1. All areas shall be checked on a weekly basis.

2. any visible trash shall be removed.

H. Gutters, curbs, and sidewalks shall be cleaned off weekly.

1. All debris removed from the site.

2. Areas shall be free of leaves, dirt, trash, and other non- beneficial items.

I. Drainage facilities integrated within the landscaped area shall be kept clear and all trash and debris shall be removed weekly.

J. Illegal signs (such as for sale signs, for rent signs, yard sale signs, or advertisements) shall be removed weekly and disposed of in the trash.

2. Tree Care
A. All work shall be in compliance with Approved American National Standard (ANSI) A300 Standards (all pertinent parts/sections).

B. Contractor shall be responsible for applying all insecticides/fungicides to prevent or control diseases. Time and materials shall be all-inclusive in the monthly cost. This includes existing pests and diseases.

1. Beehives may be removed at an additional expense after written notification.

C. Contractor shall irrigate as required to maintain adequate growth rate and appearance.

D. Trees shall be fertilized as often as needed to maintain plants and trees in a healthy, vigorous growing condition with proper color, and shape. Minimum requirements are to be bi-annual treatments.

E. Contractor shall re-stake and support trees when necessary.

1. Stake and ties to be placed so no girdling of bark occurs.

2. Contractor shall check all guys and ties frequently to prevent girding.

F. Tree Stake Removal: It shall be the responsibility of the contractor to remove all tree stakes under direction of the landscape inspector.

1. The contractor may also remove tree stakes if it noticed that they are no longer serving their purpose as support to the tree, or if it is noticed that the tree stakes are impeding the growth or health of the tree.

2. Contractor shall remove all stakes and guys at no longer than 24 months after planting, unless special circumstances are brought to the city’s attention G. Contractor shall remove damaged branches.

H. Contractor shall remove branches blocking street signs as needed.

1. Contractor shall notify City staff if a tree is causing a known line of sight issue or blocking sign.

I. Tree trimming shall be restricted to line of sight, low hanging branches, or other necessity (crown cleaning, thinning, raising).

1. Tree trimming above 12 feet will not be the responsibility of the Landscape Maintenance Contractor.

2. Trees shall be trimmed at appropriate time of year based on species of tree.

3. Lower branches shall be retained in a "tipped back" or pinched condition.

J. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways.

K. All structural weaknesses such as split crotch or limbs, or severe damage shall be reported to the City Representative.

L. All dead trees or fallen tree by natural or unnatural causes, shall be removed and disposed of off-site by Contractor.

1. Trees which have died due to negligence of the contractor will be replaced at the contractor’s expense.

2. All other dead or unhealthy trees will be replaced upon written approval of the City. The City will reimburse contractor for labor and materials at the DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1398 134
agreed upon time and materials rate..

3. Groundcover, Shrub and Vine Maintenance
A. All tree, shrub, and other woody plant work shall be completed in compliance with Approved American National Standard (ANSI) A300 Standards (all pertinent parts/sections).

B. Prevent soil compaction by regularly cultivating all ground cover and shrub areas.

C. All shrubs, vines and ground covers shall be fertilized four (4) times yearly.

D. Groundcover:

1. Trim ground cover adjacent to walks, mow curbs, walls and/or fences as required for general containment to present a neat, clean appearance

2. A minimum 12” radius around all trees and all hardscape edges

3. Cultivate and/or spray approved herbicide to remove broad-leafed and grass weeds as required. Remove weeds by chemical or mechanical means as approved by City Representative.

E. Shrubs:

1. The Contractor shall trim and keep all shrubs and bushes at reasonable height, species specific.

2. Shrub trunks are to always maintain a pleasing appearance.

3. Prune shrubs to retain as much of the natural informal appearances as possible, consistent with intended use.

4. Avoid “balling” shrubs or unnecessarily “squaring off” plant material.

5. Shrubs shall be pruned as required for safety, removal of broken and diseased branches, general containment and appearance and to allow for optimal irrigation coverage.

6. Keep shrubs pruned back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures.

7. Shrubs shall be pruned and trimmed at a minimum of every 2 months as needed or as requested by the City.

F. Vine:

1. Vines shall be trimmed as required for safety, disease, general containment, appearance or as directed by City.

2. Vines shall be regularly checked to promote directional growth.

3. Do not use nails to secure vines on masonry walls.

4. Turf Maintenance
A. Mowing:

1. The Contractor shall mow all turf areas on a minimum of a weekly basis (Mar-Oct) and during cool season shall be done biweekly (Nov.-Feb.),

2. Contractor is to pay particular attention to adjacent hardscape, utility devices, trees, and shrubs to achieve an overall even appearance.

3. All clippings shall either be caught, vacuumed, or efficiently mulched to leave no visible trace in turf areas.

4. Do not mow areas that are wet. Alternate mowing patterns shall be used whenever possible to prevent wheel ruts in turf areas. If ruts are made, contractor will make repairs at his or her own expense.

B. Trimming Edging:

1. Trim around walls, buildings, curbs, sidewalks, header boards, mow curbs, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance.

C. Aeration:

1. Mechanically aerate all turf areas to reduce compaction/stress conditions. This will DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1399 135
offer greater water penetration and reduce runoff.

2. Use a plug aerator with ½ inch tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition. Remove sod plugs.

3. The Contractor shall aerate no less than four (4) times per year.

4. Any damages resulting from aeration activities shall be repaired at the Contractors expense.

D. Watering:

1. The Contractor shall maintain the irrigation system for the Turf areas to maintain health, appearance, public safety.

2. A regular, deep watering program shall be accomplished to give the best results.

The established turf should not be kept moist but should dry out somewhat between watering.

3. Contractor is to pay particular attention to but not limited to proper head spacing, clearing clogged nozzles, replacing damaged equipment and adjusting heads to supply the right amount of water while avoiding overspray and runoff.

E. Weed Control:

1. Contractor shall maintain a weed free turf by either chemical and/or mechanical means.

2. The Contractor shall be especially careful if applying chemicals to control weeds ensuring not to damage existing turf. All chemicals applied will be recorded and coordinated with City
a) PRE-EMERGENT: Pre-emergent herbicide shall be applied to control weeds in all turf areas between Mid-March and March 30th. b) POST-EMERGENT: Post-emergent herbicide shall be applied to control weeds in the Fall and shall be completed prior to October 30th.

F. Turf shall be fertilized a minimum four (4) times annually. City staff to verify product type and quantities prior to application.

G. The Contractor shall over-seed any dead or bare areas to promote an overall pleasant appearance with the same seed type as the existing turf. Coordinate with City Representative

1. Inspect the sports field and play area for the condition of turf grass cover. Uniform thinning over the entire area can be corrected with additional seeding.

5. Plant Additions and/ or Replacements
A. The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor's faulty maintenance or negligence, as determined by City Representative.

B. The Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Dead or unhealthy plants lost due to natural or unnatural causes will be replaced upon written approval of the City.

1. In this case the contractor shall provide labor and the approved plant.

2. Such work will be paid for as extra work by the City at the agreed upon time and materials rate.

6. Irrigation
A. The Contractor shall be responsible to monthly test, inspect, and maintain the irrigation in all maintained areas, and provide a report to the City on the condition of irrigation in all maintained areas. The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of sprinkler system components. Replacement of irrigation components, if necessary, shall be compensated at a time and material basis provided that the contractor has submitted monthly reports of DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1400 136
irrigation maintenance. If the contractor is unable to demonstrate proper routine maintenance of the irrigation system through monthly reports, the cost to replace damaged irrigation components shall be the responsibility of the contractor.

B. Contractor is responsible for all irrigation repairs starting at the water meter.

C. Irrigation controllers will be kept locked at all times. City Representative will have master keys to all controllers. The City shall provide locks and keys for irrigation enclosures.

However, it is the contractor’s responsibility to replace locks as needed with a City approved lock.

D. Irrigation controllers shall be replaced when determined to be inoperable and no longer functional. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation.

1. If an automatic irrigation system or a portion of a system should malfunction, the Contractor shall provide manual operation of that system for a period of time until the system is restored to normal operation.

E. The Contractor shall set run times for the irrigation system for the promotion of good health, vigor, and color throughout the year.

1. Watering will be done preferably at night or early morning.

F. Contractor shall set irrigation controllers to the “OFF” position prior to actual inclement weather conditions. The Contractor will be responsible to return the controllers to the “ON” position when conditions are appropriate.

G. Contractor shall make a dedicated effort to support water efficient landscape. Plant stress/ decline presumed to be from lack of irrigation will be grounds for termination of the contract.

1. Close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location.

H. Contractor shall be responsible for adjusting height of sprinklers and risers as necessary to compensate for growth of plant material and maintain height of sprinkler heads at grade.

1. Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, and recreation use areas.

2. Contractor shall prevent water from over-spraying onto walls, walkways, streets and private property.

I. All drip line emitters, sub-surface drip line, standard drip line, polypropylene flex line, etc., shall be properly maintained and secured or staked at or below grade to ensure system integrity, reduce trip hazards, and prevent an unsightly appearance.

1. Contractor shall inspect, repair and maintain all drip irrigation systems as a regular service to the contract.

J. Contractor shall be responsible to implement irrigation scheduled necessary to establish new trees, shrubs, ground cover and turf.

K. Repair or replacement of equipment damaged as a result of the Contractor’s negligence shall be repaired/replaced at the Contractor’s expense.

L. The City shall bear the cost of all irrigation system repairs that are the result of vandalism or theft. Contractor shall submit to the City a written vandalism or theft report, in a format approved by the City, for any claims of irrigation system damage due to vandalism or theft.

Contractor shall not make repairs without prior written approval.

M. No repairs over $250.00 shall be performed without written prior approval from the City.

Unapproved repairs will be the responsibility of the Contractor.

N. Irrigation labor shall be restricted to work done on the premises only. Providing parts and delivery are the responsibility of the Contractor.

O. Contractor shall verify, inspect, clean and repair, as required, all irrigation heads for full coverage and efficiency adjustments. This shall include operating the controller for a 1-2 minute test cycle. Inspections and repairs shall be made by an irrigation professional well versed with basic and advanced irrigation principles. Irrigation truck shall be equipped with DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1401 137
irrigation tools and supplies to fix the most common sprinklers, valves, and other irrigation components with a standalone truck. It is not advised to have the maintenance crew perform advanced repairs and/or replacement. The same components are only allowed.

P. Irrigation Repair:

1. The Contractor shall take all reasonable measures to obtain the lowest cost for such irrigation parts and/or materials.

2. All replacement materials are to be identical type, manufacturer and model number unless a substitute is approved in writing by the City Representative.

3. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation system.

4. All mainline repairs shall be inspected by the City Representative prior to backfilling to ensure the quality of backfill and compaction.

5. Non-emergency irrigation repairs shall be completed by the Contractor by the end of the following business day that the problem was reported using City approved materials, supplied by the Contractor.

6. Emergency irrigation repairs, as determined by the City Representative, shall be immediately repaired.

7. Irrigation inspections by the City Representative may occur within one working day of notification of services or repair completion. The City Representative will inspect and verify performance and service of the repair.

7. Hardscapes
A. All hardscapes as area including, but not limited to, sidewalks, parking lots, steps, walkways, ramps, curb and gutters, medians and median noses, expansion joints, and walls adjacent to City maintained landscape areas shall be kept clear of dirt, mud, trash, weeds, leaf litter and any other substances which are either unsightly or unsafe.

B. The Contractor shall be responsible for sweeping or blowing of concrete surfaces, parking lots and walkways adjacent to all areas.

8. Playground Bark
A. Contractor shall remove weeds, leaves, branches, trash and debris from the playground bark area. All areas shall be checked on a weekly basis.

9. Street Right of Way
A. Tree trimming within public right of way to provide overall shape and/or provide horizontal and vertical clearances for pedestrians, vehicles and sign clearance and the removal of dead material. Trimming shall be as required or a full balanced trim.

B. Remove fallen trees as needed to clear public right of way and property.

C. Once per year or as directed by City, control vegetation in and around drainage ditches or other drainage facilities using hand and/or chemical weed control methods.

Landscape Contractor is responsible for proper disposal of vegetation as directed by the City.

D. Once per year or as directed by City, cut weeds and vegetation in drainage ditches or other drainage facilities using tractors with discs and mowers. Landscape Contractor is responsible for proper disposal of vegetation as directed by the City.

10.Fertilization, Post-Emergent, and Pre-Emergent
A. Contractor shall supply soils report(s) at cost to the City, at the City’s request.

B. Fertilization:

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1402 138

1. Fertilization of plant material shall be in compliance with Approved American National Standard (ANSI) A300 Standards (all pertinent parts/sections).

2. Contractor shall fertilize turf, trees, shrubs, ground cover and other various plant materials at all City locations in this contract a minimum of four (4) times annually.

3. Plant material shall be fertilized according to their individual needs to maintain good health, vigor and color throughout the year

4. Fertilizers shall be dry, pelletized formulation. Applications shall be in accordance with manufacturer specifications, be suitable for the plants being fertilized and upon approval by City Representative.

5. A slow release fertilizer shall be used.

6. Fertilizers shall have a ratio of 3:1:1 or 3:1:2 and shall have a salt index level less than 50. Unless specified or approved by the city.

7. The Contractor shall notify the City in writing 5 working days prior to any fertilizer application. This notification shall include the following:
a) Location and exact date the fertilizer application will be performed. b) Type of fertilizer, quantity and method of application to be used. c) Identify landscape type, i.e., turf, trees, shrubs, ground cover, etc.

8. When climatic factors cause problems with the general use of fertilizers, an adjustment of the fertilizers schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.

9. Manufacturer, type, amount and date of application shall appear on the invoice (as a No Charge) for the period at which it was applied.

C. Post and Pre-Emergent:

1. Any pesticide applications are to be made by or under the supervision of a person holding a valid Qualified Applicators Certificate (QAC) Category B & C.

2. Said person or company is to be currently registered to conduct a pest control business in the State of California and the County of Riverside.

3. Contractor shall apply a pre-emergent systemic herbicide throughout the project as needed or by the request of the City at no additional charge a maximum of twice a year.

4. Contractor shall apply a post-emergent systemic herbicide throughout the project as needed or by the request of the City at no additional charge.

5. A five-working day notice in writing shall be given to the City prior to any pesticide application. Notice shall include; name of chemical, active ingredient, area, rate and method of application, and time of day.

6. Contractor shall be responsible for the filing of all required records and reports, including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as specified by all county, state and federal agencies. Said reports shall contain accurate and valid information.

Copies of all records and reports shall be submitted to the City monthly, with the exception of the Notice of Intent to apply, which shall be submitted prior to application of pesticide.

7. Posting shall be placed on location to notify public prior to application.

8. Herbicides shall be applied to control weeds in all turf areas between Mid-March and March 30th and in the Fall prior to October 30th.

9. Whenever herbicides are used, Contractor’s application shall not drift onto adjacent property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. Herbicide shall not be applied in windy DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1403 139
conditions.

10.Contractor shall be responsible for any legal issues arising from the use of chemicals and their application. Contractor shall report any chemical based violations to the County Ag Commissioner and the City.

11.The cost for chemicals and their application is the responsibility of the Contractor.

12.Contractor shall water in chemicals as needed.

13.Drip applications may need to be watered in with a hose to clean off foliage and water in fertilizer.

14.Chemical and fertilizer applications should try to coincide with rain events.

D. Contractor shall provide to City a report and evidence that chemicals and fertilizers have been applied.

11.Clean Up
G. Leaves, paper, weeds, clippings and other debris shall be removed from landscaped areas and disposed of legally offsite by the Contractor. Contractor is not permitted to leave any clippings, trimmings, bags, or associated piles overnight.

H. Contractor shall clean roadways and other areas dirtied by his maintenance operations. Contractor shall not blow any materials into the roadways at any time.

I. All walkways/sidewalks will be kept clean/clear of debris and plant growth.

J. Proper cleaning of sidewalks, curbs, gutters, streets, and hardscape include raking, blowing, sweeping, and vacuuming.

K. Contractor shall not wash down hardscape, sidewalks, curbs, and gutters with water in any instance the runoff would enter a storm drain or any other waterway. Contractors shall not wash down any equipment with water on any project where runoff would enter a storm drain or any other waterway.

L. Hauling and Dumping - Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. No green waste shall be disposed in city facility trash containers.

12. Cemetery Maintenance
A. In additional to all other requirements stated herein, cemetery maintenance shall include the removal and disposal of all grass clippings that are the result of mowing activities.

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1404 140
4893-7512-0232 v1

ATTACHMENT B

REVISED COMPENSATION SCHEDULE
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1405 141
Inland Empire Landscape, Inc. 202 E Airport Drive Ste100 San Bernardino, 92408 [email protected] (909) 473-9066 (909) 473-9040
Compensation Schedule CPI 3%
City Parks & Facilities Current Amount 3% CPI New Amount 1 Malaga Park $ 400.00 $ 12.00 $ 412.00
2 Marna O'Brien Park $ 3,360.00 $ 100.80 $ 3,460.80
3 Windsong Park $ 1,050.00 $ 31.50 $ 1,081.50
4 Heritage Park $ 1,170.00 $ 35.10 $ 1,205.10
5 Cemetery $ 3,600.00 $ 108.00 $ 3,708.00
Total Amount: $ 9,867.40
LMD District No 89-1-C Current Amount 3% CPI New Amount 1 Zone 3 Location 7 $ 77.00 $ 2.31 $ 79.31
2 Zone 29 Location 2 $ 44.00 $ 1.32 $ 45.32
3 Zone 3 Location 45 $ 36.05 $ 1.08 $ 37.13
4 Zone3 Location 23 $ 206.00 $ 6.18 $ 212.18
5 Zone 3 Location 24 $ 876.00 $ 26.28 $ 902.28
6 Zone 3 Location 25 $ 1,428.00 $ 42.84 $ 1,470.84
7 Zone 3 Location29 $ 516.00 $ 15.48 $ 531.48
8 Zone 3 Location 35 $ 99.00 $ 2.97 $ 101.97
9 Zone 3 Location 42 $ 36.05 $ 1.08 $ 37.13
10 Zone3 Location 43 $ 516.00 $ 15.48 $ 531.48
11 Zone 3 Location 47 $ 175.00 $ 5.25 $ 180.25
12 Zone 3 Lcation 49 $ 83.00 $ 2.49 $ 85.49
13 Zone 3 Location 53 $ 25.75 $ 0.77 $ 26.52
14 Zone 30 Location 1 $ 317.00 $ 9.51 $ 326.51
15 Zone 30 Location 2 $ 70.00 $ 2.10 $ 72.10
16 Zone 42 Location 1 $ 226.60 $ 6.80 $ 233.40
17 Zone 51 Location 1 $ 186.00 $ 5.58 $ 191.58
18 Zone 52 Location 1 $ 142.00 $ 4.26 $ 146.26
19 Zone 62 Location 1 $ 56.65 $ 1.70 $ 58.35
20 Zone 67 Location 1 $ 20.60 $ 0.62 $ 21.22
21 Zone 71 Location 1 $ 82.00 $ 2.46 $ 84.46
Total Amount: $ 5,375.26
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1406 142
Inland Empire Landscape, Inc. 202 E Airport Drive Ste100 San Bernardino, 92408 [email protected] (909) 473-9066 (909) 473-9040
CFD 2013-1 Various Location Current Amount 3% CPI New Amount 1 CFD 2013-1 Zone 5 $ 808.75 $ 24.26 $ 833.01
2 CFD 2013-1 Zone 2 $ 2,887.35 $ 86.62 $ 2,973.97
3 CFD 2013- 1 Zone3 $ 869.03 $ 26.07 $ 895.10
4 CFD 2013-1 Medians @ Clinton
Keith Rd. $ 89.00 $ 2.67 $ 91.67
Total Amount: $ 4,793.75
CSA 103 Current Amount 3% CPI New Amount
1 CSA 103 Wildomar Trail Land
and Cervera $ 512.61 $ 15.38 $ 527.99
Total Amount: $ 527.99
Monthly Grand Total $ 20,564.40
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1407 143
Inland Empire Landscape, Inc. 202 E Airport Drive Ste100 San Bernardino, 92408 [email protected] (909) 473-9066 (909) 473-9040
Cost Proposal -Extra Work
Description Labor and Material Cost
1 Per Square foot cost for additional Landscape areas $ 0.02 2 Plant 24" Box Tree and Stake Double $ 272.95
3 Plant 15 Gallon Tree and Stake Double $ 97.85
4 Plant 5 Gallon Shrubs $ 19.57
5 Plant 1 Gallon Shrubs $ 8.75
6 Plant 1 Flat of Ground Cover $ 25.75
7 Repalce 1 fence "Rail" Only $ 82.40
8 Replace 1 fence " Post" Only $ 188.00
9 Street Tree Trimming in right of way up to 15' per each $ 46.35 10 Fallen Tree Removal from right of way per each $ 283.25 11 Vegetation control by hand or chemical in street right $

46.35 per hour
of way including drainage ditches per linear foot
12 Vegetation mowing in street right of way including drainage $

0.02 ditches per linear foot
Description Labor Cost per Hour or %
1 Hourly cost for additional Labor $

27.81 2 Hourly cost for Irrigation Specialist $

38.11 3 Hourly cost for additional Supervisor $

46.35 4 Percent Mark Up for Materials 15%
5 Percent Mark Up for Subcontractors 10%
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1408 144

Wildomar City CouncilJune 14, 2023

Wildomar City Council
June 14, 2023