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Agenda - Agenda Packets - Regular Meeting 12/7/2000
REQUEST TO SPEAK CITY COUNCIL AGENDA 1I'LM# ! 5 SUBJECT DATE: /- IN FAVOR NEUTRAL IN OPPOSITION NAME: REPRESENTING: ADDRESS: <- / CITY: 6 1 TELEPHONE: Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING REQUEST TO SPEAK CITY COUNCIL AGENDA 1'1'LM# DATE: ' u I I", c IN FAVOR_ _- NEU 1'RAL— NAME: �,F?�‘11� REPRESENTING: "e ADDRESS: '� Ir �r 7 F '1 E t?t� 1 t r U c CITY: TELEPHONE: Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to on the sutes,bjecat The Mayo discretion o the Mayor and Council. When speaking, brief,resentt. T from the ill call you to speak at the appropriate time. Please make your p microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING SUBJECT h;Otllil;c��41� �Zf(.., IN OPPOSITION JIM NICASTRO 241 S. PICO AVE SAN JACINTO, CA. 92583 JIM AYRES MAYOR OF SAN JACINTO RE: PROPOSED TANK IN THE PARK I AM VERY OPPOSED TO THIS IDEA! HAVING TIIIS "WAR MACHINE" IN MY FRONT YARD IS NOT ACCEPTABLE!! TIT_ IDEA OF SITTING ON MY FRONT PORCH LOOKING AT A TANK EVERY DAY IS NOT WI IAT I THINK IS A MEMORAT, TO OUR VE TERENS. TIIIS WOULD BE NO HONOR TO THEM AND WOULD BE VERY OFFENSIVE TO ME. YOU MUST BE ABLE TO THINK OF SOME MORE. ACCEPTABLE WAY TO SHOW OUR REMERANCE OF OUR FIGHTING MEN & WOMEN. I REALIZE SOME BOYS NEED THEIR TOYS SO JUST GO OUT AND BUY YOURSELF A HUMMER & NOT IMPOSE YOUR DESIRES ON MY NEIGHBORHOOD. AND FINALLY, HOW WOULD YOU LIKE TO GO OUT YOUR FRONT DOOR AND SEE A TANK IN YOUR FRONT YARD? RESPEC ri TILLY, JIM NICASTRO. AGENDA REGULAR MEETING SAN JACINTO CITY COUNCIL December 7, 2000 - 7:00 P.M. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation by Pastor Paul Ethington, West Side Church of Hemet 1.4 Pledge of Allegiance 1.5 Special Presentations 2. PUBLIC COMMENTS: Any person may address the Council on any subject pertaining to City business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council. 3. PUBLIC HEARING - None 4. CITY DEPARTMENTS 4.1 Council Reorganization 4.2 Franchise Agreement Extension of Time - Adelphia Communications 4.3 C.D.B.G. Supplemental Agreement for the Use of Community Development Block Grant Funds - 26`h Year 4.4 Local Law Enforcement Block Grant - San Jacinto Police Department 4.5 Druding Park Memorial Tank - Conceptual Plan 4.6 Multi Species Habitat Conservation Program - County Alternatives 5.0 CONSENT CALENDAR CITY COUCIL The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item to be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks 5.2 Approve Minutes of Regular Meeting of November 16, 2000 5.3 Award of Street Sweeping Contract - Nationwide Enviromnental Services 5.4 Approve Notice of Completion - Skyview Park Tot Lot and Park Improvements - American Restoration and Construction 5.5 Approve Cal Trans Model Disadvantaged Business Enterprise (DBE) Program and adopt the City's Methodology Plan to Achieve DBE Compliance 5.6 Approve Cottonwood Estates Pavement Rehabilitation Plan and Specifications and Authorize City Clerk to Start Bid Advertisement - West of State Street between De Anza Drive and Cottonwood Avenue 6. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 7. CLOSED SESSION: 7.1 Closed Session pursuant to Section 54957 Public Employee Performance Evaluation Title: City Manager 7.2 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (two cases) ADJOURNMENT CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible I, Grace Alvarez, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 1s' day of December 2000, as required by law. TO: December 7, 2000 AGENDA ITEM 4.1 The Honorable City Council FROM: Jake Wager, City SUBJECT: Counc Manage 1 Reorganization - Representation/Committee/Subcommittee Appointments RECOMMENDATION: Staff has no recommendation. This is a matter for Council's pleasure. BACKGROUND: The City Council at their meeting of December 16, 1999 approved Resolution No. 99-56 making changes to the procedure for Council meetings and related functions and activities, and rescinded previous Resolution No. 99-54. According Section 3.1(b), the Council shall at its first meeting in December in even -numbered years meet to choose one of its members as Mayor and another of its members as Vice Mayor. JUSTIFICATION: Provide an opportunity to the Council to make any changes that may be necessary to improve the Council rules and procedures. BUDGETARY IMPACT: None. ATTACHMENTS: 1 - Resolution No. 99-56 2 - Council Ad -Hoc Committees A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, PROVIDING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES AND RESCINDING RESOLUTION NUMBER 99-54 The purpose and intent of the City Council in amending and adopting these rules is to provide directory guidelines relating to the conduct of public business by or on behalf of the City Council. In the event of any non-compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law, and to comply with the Brown Act. All references to gender include the masculine, feminine and neuter. The City Council of the City of San Jacinto, does hereby resolve and adopt the following Rules of Procedure: 1. MEETINGS 1.1 REGULAR MEETINGS Commencing with the effective date of this resolution, December 16, 1999 the City Council of the City of San Jacinto shall hold regular meetings in the San Jacinto Unified School Board Room, at 2045 South San Jacinto Avenue, San Jacinto, California, on the first and third Thursday of each month, beginning at 7:00 p.m. If the day for the regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding business day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned the meeting may not be reconvened. 1.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. 1 1.4 STUDY SESSIONS Members of the City Council may meet in a regular Study Session in the San Jacinto Unified School Board Room at 2045 South San Jacinto, San Jacinto, on the fourth Thursday of each month, at 6:00 P.M., and such other times as deemed necessary. (See Section 10.1). 1.5 NOTICE OF MEETINGS Notice of regular meetings or regular study sessions is not required. Mailed or personally delivered notice is required of special meetings, unless otherwise waived. Posted notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other adjourned meetings and continued public hearings (Section 54955 of the Government Code). 1.6 QUORUM Unless otherwise provided for by Resolution, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only three Councilmembers attend. The following matters, however, require three affirmative votes: a) adoption of ordinance, b) resolutions granting franchises, and c) order for payment of money. 1.6.1 LEGALLY REQUIRED PARTICIPATION If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such impartial and equitable means as established by law, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.7 MEETINGS TO BE PUBLIC Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of the following subjects: 1.7.1 LICENSE/PERMIT DETERMINATIONS To consider granting a license or permit pursuant to Government Code Section 54956.7. Action of the legislative body shall be given in open session during the meeting at which the closed session occurred or the next public meeting. All matters relating to the closed session shall be confidential except by consent of the applicant or in an action by the applicant to appeal the denial. 2 1.7.2 REAL PROPERTY TRANSACTIONS To consider negotiations prior to the purchase, sale, exchange or lease of real property and meet with a negotiator. Prior to such sessions the agenda must identify the real property in question and with whom the negotiator may be negotiating, pursuant to Government Code Section 54954.5 and 54956.8. 1.7.3 LITIGATION MATTERS To confer with legal counsel regarding pending litigation pursuant to Government Code Section 54956.9 when discussion in open session would prejudice the City's position in the litigation. Litigation is considered pending when: (a) a formal action has been initiated; (b) there is a significant exposure to litigation; or (c) the City is deciding whether to initiate litigation. For closed sessions held to consider litigation that has been formally initiated, the City must publicly identify or state on the agenda the name of the case, unless to do so would jeopardize service process or existing settlement negotiations. For closed sessions held to consider a significant exposure to litigation or whether to initiate litigation, the agenda must specify the number of potential cases. 1.7.4 PUBLIC SERVICE/EMPLOYMENT/LABOR NEGOTIATIONS Pursuant to Government Code Section 54954.5 and 54957 to consider matters posing a threat to public services or facilities, or the appointment, employment, evaluation of performance or dismissal of a public employee or to hear complaints or charges brought against such person or employee by another person or employee unless such employee requests a public session. The Council may exclude from any scheduled session during the examination of a witness any or all other witnesses in the matter being investigated, and to instruct representatives concerning discussions with employee organizations and unrepresented employees regarding salaries and fringe benefits. 1.7.5 MULTI -JURISDICTIONAL DRUG LAW ENFORCEMENT AGENCY Council may hold closed sessions pursuant to Government Code Section 54957.8 if applicable and necessary. 1.7.6 CLOSED SESSION MINUTES Pursuant to Section 54957.2 of the California Government Code, the City Clerk may be required to attend a closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to said section of the Government Code Section 54957.2. y Councilmember may request that a matter be placed on the agenda. Except in urgent situations, Councilmembers should submit such request seven (7) working days before a meeting, along with any available supporting information.' No Councilmember, however, shall remove any item from the agenda,' except an item they requested to be placed on said agenda. The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topics of the subjects, which may be taken up for consideration in the following order: Organization Call to Order Invocation Pledge of Allegiance Special Presentations Public Continents Public Hearings City Departments Consent Calendar Mayor and Councilmember Reports/Discussions Closed Sessions Adjournment Except with majority consent of the Council, items may not be taken out of order. Items requested by the public to be considered for City Council action shall be submitted to the City Manager no later than two weeks prior to the meeting for consideration. Council agenda requests and Staff reports for Council action shall be submitted to the City Manager no later than ten (10) days preceding the Council meeting. All reports shall be submitted on the proper form with complete information as to the subject matter, recommendation, fiscal impact, and contain the necessary attachments, exhibits and approving signatures. 2.2 DELIVERY OF AGENDA Barring insurmountable difficulties, the agenda shall ordinarily be delivered to Councilmembers each Friday preceding the Thursday meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the City Council. 4 2.3 CALL TO ORDER Before proceeding with the business of the Council, the City Clerk shall record the names of those Councilmembers present and they shall be entered in the minutes. 2.4 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to city business not listed on the agenda during the Public Comments portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council during the Public Comments designation on the agenda (See 5.2). Public Comments on items listed on the agenda will be allowed as those items come up for consideration by the Council with a three (3) minute limitation set for each speaker. 2.5 CONSENT CALENDAR Items of a non -controversial and routine nature shall be placed on the consent calendar. All items may be approved by one blanket motion upon unanimous consent. Any Councilmember may request that any items be withdrawn from the consent calendar for separate consideration. However, any Councilmember may abstain from voting on any consent calendar item without requesting its removal from the consent calendar, and the City Clerk shall record such abstentions in the minutes. 2.5.1 APPROVAL OF MINUTES Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Councilmember with a copy thereof Minutes shall be prepared in accordance with the agenda fan at and as consistent as needed for the purpose of indexing legislative history. Minutes shall contain the necessary information for auditing and providing a clean paper trail and in no event anything less than the subject matter for consideration, the fiscal impact, identify contracting firms and individuals, and the action taken. With the exception of identifying individuals addressing the Council, and their general remarks, the comments of Council shall be noted only when revising or amending a matter. The minutes shall reflect only the motion and vote of the Council unless a Councilmember notes he wishes the record to reflect the purpose of his dissenting on a matter. Abstentions by Councilmembers shall be so stated along with their basis for such abstentions. 5 2.6 PUBLIC HEARINGS ADVERTISED/UNADVERTISED Generally, Public Hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: Staff Review Questions of Staff by Council Hearing Opened by Mayor Proponents Testimony Opponents Testimony Proponents Rebuttal Hearing Closed by Mayor to Public Testimony Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony to three (3) minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentation requiring more time. Quasi-judicial hearing shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. In any hearings before the City Council, notice of which is to be published or posted, if the City Council, or any member thereof, or a proponent or opponent of the matter requests that any or al.l participants in the proceedings testify under oath or affirmation, the making of such request shall be set forth in the notice of hearing. Additionally, the notice of hearing shall state that the giving of testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in the matter, and that any person who has a question or concern regarding the giving of testimony under oath or affirmation should consult an attorney of his or her own choosing and at his or her own expense. Each person testifying under oath or affirmation in any such proceedings shall, before testifying, state on the record that he or she agrees to testify under oath or affirmation in the matter and has had an opportunity to consult with an attorney of his or her own choosing in respect thereto. Notices of hearings shall be in accordance with Government Code Section 54954.6 as well as any other applicable codes. 6 PRESIDING OFFICER 3.1 PRESIDING OFFICER (a) The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or the Vice Mayor or until adjournment, whichever first occurs. (b) The Council shall at its first meeting in December in even - numbered years met to choose one of its members as Mayor and another of its members as Vice Mayor. In years in which a general municipal election is held, the Council shall reorganize itself at the first regular meeting following the official canvass of results of the election, but, no later than the fourth Tuesday following the date of said general municipal election. Notwithstanding the reorganization following the general municipal election, the Council may meet at any regularly scheduled evening meeting of the City Council to choose a Mayor or Vice Mayor to serve the remainder of the current teen. (c) The City Clerk shall preside at the portion of the Council meeting, which is concerned with the nomination for the selection of the Mayor. (d) Nominations for the office of Mayor or Vice Mayor may be made by any member of the Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event that no person receives three or more votes in the selection process for one or both offices, the selection process shall be repeated immediately provided, however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Vice Mayor, no person has yet received three affirmative votes for such office, the Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the Council. Voting in the selection of Mayor and Vice Mayor shall be by voice vote. (e) (I) The Mayor and the Vice Mayor shall serve at the will of the City Council and until their successors have been duly selected pursuant to subsection (b), (g) and (h) hereof. (g) The offices of Mayor or Vice Mayor shall be deemed vacant upon the happening of any of the following: 7 (1) The death of the holder of such office; (2) The loss or resignation from membership on the Council by the holder of such office; (3) The acceptance by the Council of the resignation from such office by the holder thereof; (4) The majority of the Councilmembers desire to make a change; (5) The recall of the holder of such office. (h) At its first regular meeting after the occurrence of a vacancy created by one of the foregoing events, the Council shall select a successor to such office pursuant to the selection procedures established by this section. 3.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. 3.3 QUESTION OR MOTION TO BE STATED The Presiding Officer shall verbally restate or request the City Clerk to restate each question or motion immediately prior to calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.4 SIGNING OF DOCUMENTS The Mayor, or Vice Mayor, in the absence of the Mayor, shall sign ordinances, resolutions, and documents necessary to the conduct of City business adopted by the City Council. The City Clerk or Deputy City Clerk shall attest to the signature of the Mayor or Vice Mayor. 3.5 MAINTENANCE OF ORDER The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 8 RULES. DECORUM, AND ORDER 4.1 POINTS OF ORDER The Presiding Officer shall determine all Points of Order subject to the right of any Councilmember to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCILMEMBERS (a) Any Councilmember desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Councilmember desiring to question the staff shall address his question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself or to designate some member of his staff for that purpose. (c) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Councilmember; or unless the speaker chooses to yield to questions from another Councilmember. (d) Any Councilmember called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with the rules of the Council. (e) Councilmembers shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (f) Any Councilmember may move to require the Presiding Officer to enforce rules and the affirmative vote of a majority of the Council shall require him to so act. 9 4.3 DECORUM AND ORDER -EMPLOYEES embers of the administrative staff and employees of the city shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall insure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Councilmember or member of the public. 4.4 DECORUM AND ORDER - PUBLIC Members of the public attending Council meetings sha rules of order and decorum applicable to the Council. 4.5 ENFORCEMENT OF DECORUM observe the same As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE The right of a member to address the Council on a question if personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST All Councilmembers are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the City. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Councilmember will leave the Council Chambers during debate and voting on the issue. 10 4.8 LIMITATION OF DEBATE Councilmembers normally should speak not more that once upon any one subject until every other Councilmember choosing to speak thereon has spoken.` Members shall limit their statements to five (5) minutes each time they have the floor, unless the Council, by majority vote, approves an extended period. 4.9 DISSENTS, PROTESTS, AND COMMENTS Any member shall have the right to express dissent from, or protest to, or comment upon, any action of the Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons..." 4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED In presiding over Council meetings, the Mayor, Vice Mayor, or temporary Presiding Officer shall refer to "Roberts Rules of Order" to decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the Councilmembers present and voting, and shall be binding and legally effective for purposes of the matter under consideration. 5. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL (a) Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. (b) All remarks and questions shall be addressed to the Chair and not to any individual Councilmember, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. (c) Any member of the Council who has been recognized by the Presiding Officer of the Council for such purpose may address or respond to a member of the public who has addressed the Council pursuant thereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three (3) minutes in length, and shall be deemed to express the individual position or opinion of the Councilmember offering the same and shall not be construed to bind the Council or 11 the City in any manner. Unless otherwise directed by the Council, the restrictions imposed by Subsection (a) shall apply only to those portions of the Council agenda during which members of the public are permitted to make public comments to the Council. TIME LIMITATION Any member of the public desiring to address the Council shall limit his statement to three (3) minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS The making of public comments to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: 5.4.1 At any time, before or after the public comments is commenced, the Presiding Officer may request to direct the communication to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers, pursuant to Section 5.5. 5.4.2 The Presiding Officer may limit the number of speakers heard on non -agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comments" agenda item. 5.4.3 If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 5.4.4 No section or subsection of this resolution shall be construed as to prohibit the right of the public to the criticism of the policies, procedures, programs, or services of the city or the acts or omissions of the City Council. 12 5.5 WRITTEN CORRESPONDENCE The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be provided to each Councilmember marked "Information Only'. Any communication relating to a pending matter, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of City ordinances. Copies of all other communications sent to the members of the Council will be transmitted to them. 5.6 PERSONS AUTHIORIZED TO BE WITHIN THE DIOCESE No person except the City officials shall be permitted within the diocese area in front of the Council table without the invitation or consent of the Presiding Officer. 6. MOTIONS 6.1 PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall, divide same. 13 6.4 PRECEDENCE OF MOTIONS When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix Hours ofAdjoumment (c) Table (d) Limit or Te (e) Amend (f) Postpone (g) Reopen Public Discussion 6.5 MOTION TO ADJOURN (NOT DEBATABLE) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on a motion is pending, and (d) While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. rntinate Discussion 6.6 MOTION TO FIX HOUR OF ADJOURNMENT Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote. 6.7 MOTION TO TABLE A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion prevails, a vote shall be taken on the main motion. 14 A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE Motions to continue to a definite t to propriety of postponement and time set. e shall be amendable and debatable as 7. VOTING PROCEDURES 7.1 VOTING PROCEDURE In acting upon every motion, the vote shall be taken by mechanical means and the vote on each motion shall be entered in full upon the record. Members shall respond "aye", "nay" or "abstain", and any Councilmember not responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye". In the event of a malfunction of the mechanical voting apparatus, the order of voting shall be alphabetical with the Mayor voting last. The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. 7.2 ROLL CALL VOTING Every ordinance (other than urgency ordinances) and any resolutions or orders for franchise or payment of money require three (3) affirmative votes. Urgency ordinances require four (4) affirmative votes. Any question before the Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during the vote. Any member may change his vote before the next order of business. 7.3 FAILURE TO VOTE Every Councilmember should vote unless disqualified for cause. 15 7.4 RECONSIDERATION Any Councilmember who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon at the same meeting, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council at the same or subsequent meetings. 7.5 TIE VOTES Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the Council takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. 7.6 MOTION TO RESCIND Any Councilmember, regardless of how he or she voted on the item originally, may move to rescind an action taken at a previous meeting in order to strike out an entire motion, resolution, rule, bylaw, section, or paragraph that has been adopted except in the following circumstances: (a) When there has been detrimental reliance on the original decision by a party affected thereby; (b) When something has been done, as a result of the original decision, which it would be impossible to undo; (c) When the item is in the nature of a contract and the other party to the contract has been informed of the vote and has taken action in reliance thereon which cannot be undone. I As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by resolutions. The term "resolution" in its general sense will note any action taken affuniatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, two terms are in general used to denote such (non -ordinance) actions: "resolution", and "motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they vary in the formality of respective memorialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate indentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its content warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "motion" (assuming it as one which passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. 8.2 RESOLUTIONS PREPARED IN ADVANCE Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 17 In matters of urgency. a resolution may be presented verbally, in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES Ordinances shall not be passed within five (5) days of their introduction, or at other than a regular meeting or at any adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read in full, either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be reintroduced only at a regular or at an adjourned meeting held at least five (5) days after alteration. Correction of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE All ordinances, except as provided in Section 36937 of the Government Code, shall take effect thirty (30) days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING It shall be the duty of the City Clerk to publish a summary of all ordinances in accordance with Section 36933 of the Government Code within fifteen (15) days after adoption. 9.4 URGENCY ORDINANCES All urgency ordinances must receive four (4) affii„rative votes to be adopted and to become effective immediately. If such an ordinance fails to receive 4/5ths majority, it may thereafter be considered and passed in the same manner as regular ordinances. 18 10. STUDY SESSIONS 10.1 STUDY SESSIONS Councilmembers able to attend scheduled study sessions may meet in the San Jacinto Unified School Board Room at 2045 South San Jacinto, San Jacinto, on the fourth Thursday of each month (and such other times as deemed necessary) at 6:00 P.M. for the purpose of reviewing the agenda for a City Council meeting, discussion of special subjects of immediate concern; and meeting and conferring with City Commissions, Committees, Boards; Civic Organizations; and City Officials relative to pending City business. The time for sessions as specified may be altered by the City Council or by the Mayor, on individual occasions when appropriate, to the convenience of the Councilmembers, provided that when this occurs, written notice of the change shall be provided in accordance with the standard noticing requirements. 10.2 OPEN TO THE PUBLIC Study sessions shall at all times be open to the public and the news media, except closed sessions held at such times pursuant to Government Code. 10.3 PURPOSE Study sessions constitute a meeting of the City Council and are subject to applicable rules and procedures. At such study sessions, no fonnal action shall be taken, no motion shall be offered, nor debates entered into; the sole purpose of said meetings being to provide background information to members of the City Council and to allow Councilmembers to ask questions. This shall not, however, be deemed to apply with respect to closed sessions. 10.4 AGENDA The agenda for each study session shall be prepared and posted in accordance with the same rules applicable to regular City Council meetings. Any Councilmember may request that a matter be placed on the agenda. Except in urgent situations, Councilmembers should submit such requests seven (7) working days before a meeting, along with any available supporting information. No Councilmember, however, shall remove any item from the agenda, except an item they requested to be placed on said agenda. 19 1 1. CITY COUNCIL REPRESENTATION/SUBCOMMITTEES/TASK FORCES 11.1 SUBCOMMITTEES/TASK FORCES The City Council or Mayor may designate subcommittees/task forces as necessary. No more than two (2) members of the City Council shall be appointed to a single subcommittee and any vacancy shall be filled in the same manner as the original appointment. Any staff support necessary shall be provided by City Manager representation and/or other staff at the direction of the City Manager. 11.1.1 REPRESENTATIVE: The Mayor shall select representatives, with confirmation by the full Council, to other agency committees, who shall serve for a term if one (1) year. The Mayor shall review these appointments annually, upon any vacancy, or as deemed necessary for continuing necessity. Such representation will receive staff support from other agencies, including any needs to comply with the Brown Act. 11.1.2 STANDING: The City Council shall determine the need for and appoint Standing Subcommittees as deemed necessary. Such Subcommittees will require staff support and meet the requirements of the Brown Act and will be reviewed annually, upon any vacancy, or as deemed necessary for continuing necessity. 11.1.3 AD HOC: The Mayor shall appoint ad hoc task forces as deemed necessary and as such would not be required to meet requirements of the Brown Act. Such task forces may require staff support and are not required to meet requirements of the Brown Act. They shall serve for the period of time necessary to meet the needs as they were originally intended. 11.2 COUNCIL SUBCOMMITTEE/TASK FORCE POLICIES 11.2.1 PURPOSE The purpose of Council Subcommittees/Task Forces are to act as sounding boards and fact finding for the City Council on various matters concerning pertinent issues which are brought to the attention of Councilmembers or City staff. 11.2.2 POLICY It shall be the policy of each subcommittee/task force to review the issues which are brought before the subcommittee/task force and provide feedback to staff for consideration by the full Council. 20 11.2.3 POWERS The subcommittees/task forces shall act as a fact finding body only, and have no authority to act independently in the decision making process, but shall instead report back to the full Council' 11.2.4 PROCEDURES The subcommittees/task forces shall meet as necessary, at the call of a subcommittee/task force member, the Council or no less than quarterly depending upon the type of subcommittee/task force. Representative staff shall prepare an informal agenda listing the topics to be covered at each meeting. The City Manager shall designate the staff representation, whom shall be present at each meeting to present information and provide follow up actions. 12. COUNCIL APPOINTED CITIZEN BOARDS/COMMISSIONS/COMMITTEES The purpose of this procedure is to outline those actions that will be taken in appointing members of the City of San Jacinto Boards, Commissions, and Committees. 12.1 THE MADDY ACT The Maddy Act takes into consideration the vast and largely untapped reservoir of talent among the citizenry that is not aware of the opportunities for participation on advisory boards and commissions. For that reason, the Maddy Act was enacted to cause maximum public awareness of both regulatory and advisory boards and commissions open for appointments by the City Council (Government Code Section 54970). 12.2. APPOINTMENTS LIST On or before December 31 of each year the City Clerk shall cause to be posted a list of appointments of all ongoing boards, commissions, and committees which are appointed by the City Council. This list must include where and when they meet, the present membership and terms of office for each member and the necessary qualifications for the position (Government Code Section 54972). 12.3 AVAILABILITY TO PUBLIC One month prior to the scheduled expiration of a board or commission term of office, the City Clerk shall give notice of such expiration and qualifications for the position in a posted notice and a press release to the newspapers of general circulation within the City. Appointment to that vacancy shall not be made prior to ten (10) working days after the release of such notice (Government Code Section 54974). 21 12.4 NOTIFICATION OF INCUMBENT The incumbent whose term is expiring will be given notice of the expiration of the term of office and requested to submit a letter requesting reappointment to an additional term if that is their desire. 2.5 UNSCHEDULED VACANCIES Whenever an unscheduled vacancy occurs due to resignation, death, termination or other reason, the same noticing will be accomplished as for a scheduled vacancy, within twenty (20) days of the occurrence of the vacancy. Appointment to that vacancy shall not be made prior to.ten (10) working days after the release of such notice (Government Code Section 54974). 12.6 SUBMISSION OF CANDIDATES TO THE COUNCIL A list of candidates requesting appointment to a term of office will be submitted to the City Council for its consideration at it's next regular meeting. 12.7 INTERVIEWS Any City Councilmember may request a time set for interviewing candidates for appointment, at which time all Councilmembers may participate in the interview process. If more than two (2) Councilmembers participate in the interview session, it will be an open meeting with notice given and the public invited. 12.8 FOLLOW-UP AFTER APPOINTMENTS After the City Council has appointed a candidate to fill a position, the City Clerk shall notify the new appointee, including such information as their term of office, when and where they meet and the staff member to contact if they have questions. In addition, the appropriate staff contact shall be notified of the appointee's name, address and phone number for follow up. The City Clerk shall also notify unsuccessful candidates, thanking them for their interest in serving the City of San Jacinto. Resolution Number 99-54 is hereby rescinded. 22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE and ADOPT the foregoing amended rules and procedures for the City of San Jacinto to be effective immediately. APPROVED AND ADOPTED THIS 16th day of December, 1999. Attest: City Clerk_ State of California County of Riverside City of San Jacinto ) ss MAYOR 0 = THE CITY OF SAN JACINTO I, Beti An Hynes, duly appointed City Clerk of the City of San Jacinto do hereby certify that the foregoing Resolution Number 99-56 was duly and regularly adopted by the City Council of the City of San Jacinto at their regular meeting held on 16 December 1999 by the following called votes: Ayes: Ayers, Carlson Buydos, Connor, Good and Williams Noes: None Absent: None Abstain: None Beti Hynes City Clerk 23 CDBG Review: Education: Highway 79 Realignment: Council Member Carlson-Buydos Vice Mayor Ayres (Motlagh) Lake Park Bridge: Refuse/Recycling: San Jacinto Levees: Virginia Lee Hotel: Council Ad Hoc Subcommittees: Mayor Williams Council Member Good (Hults) Vice Mayor Ayres Council Member Conner (Stubblefield) Mayor Williams Council Member Conner Wager) Mayor Williams Council Member Conner (Simon) Mayor Williams Council Member Conner (Motlagh) Council Member Conner Vice Mayor Ayres (Simon) Council Standing Subcommittees: Community Center Activities: Economic Development: Historic Preservation: Council Member Good Council Member Carlson-Buydos (Hults) Vice Mayor Ayres Council Member Carlson-Buydos (Wager) Council Member Good Council Member Conner (Stubblefield) Outside Committees: Chamber Liaison: Vice Mayor Ayres Council Member Carlson-Buydos (Wager) Childcare Consortium: EMWD Planning Task Force: Groundwater Association: Healthy Communities: Heritage Project Liaison: RCTC: RTA: Ramona Pageant: One Stop Career Center: Vice Mayor Ayres Planning Director Hults (Hults) Council Member Conner (Lavin) Council Member Conner (Lavin) Council Member Good Council Member Conner City Manager (Hults) Council Member Good Council Member Carlson-Buydos Information Planner Stubblefield (Stubblefield) Mayor Williams - Primary Council Member Carlson-Buydos - Alternate Mayor Williams - Primary Vice Mayor Ayres - Alternate Council Member Conner (Stubblefield) Council Member Good Planning Director Hults (Hults) Riverside County/City Selection: Mayor Williams Riverside County Disaster Council: Council Member Carlson-Buydos Riverside County Free Library Advisory Committee:Council Member Good Vice -Mayor Ayres (Stubblefield) San Jacinto Disaster Council: Mayor Williams Police Chief Heller City Manager/Wager Finance Director Simon Planning Director Hults Riverside County Fire Battalion Chief Senior Issues & Senior Housing Committee: Council Member Good Planning Director Hults Tribal Council Liaison: VEDC: Valley Youth Task Force: WRCOG: Additional Ad Hoc committees formed after Sept. 16th: Mayor Williams Vice Mayor Ayres Council Member Conner (Wager) Vice Mayor Ayres Council Member Good (Hults) Mayor Williams - Primary Council Member Conner - Alternate (Wager, Hults) Water Issues: Council Member Conner (Lavin) Franchise: Additional Outside Committee for consideration: Empowerment Through Community Asset Building Council Member Conner Council Member Good (Wager) November 16, 2000 AGENDA ITEM 4.2 TO: The Honorable City Council FROM: Tim Hults, Planning Directo SUBJECT: Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) RECOMMENDATION: By motion, determine a preferred MSHCP alternative for the City of San Jacinto or ask that the impact of the various alternatives on future development in the western portion of the City be explored in greater detail before indicating a preference. BACKGROUND: The MSHCP is a comprehensive set of programs developed for the conservation of biological species in the western region of the County. The Western Riverside County MSHCP is being developed by Dudek & Associates, Inc., under contract with Riverside County as a component of the Riverside County Integrated Program (RCIP). When the original Draft MSHCP Proposal was developed, it sought the conservation and protection of up to 164 species within Western Riverside County. Since that time, an Alternatives Development Document has been prepared at the direction of the MSHCP Advisory Committee to provide information on other potential MSHCP alternatives for conservation. The Alternatives Development Document is intended to assist in formulating a preferred alternative to he analyzed in detail as the next step in the MSHCP planning process. The Document proposes five MSHCP alternatives for species conservation. The five alternatives are noted below: Alternative 1: Alternative 2: Alternative 2A: Alternative 3: Alternative 4: Provides protection for 164 Species Provides protection for Listed, Proposed and Strong Candidate Species Provides protection for Narrow Endemic Plant Species Provides protection for Listed and Proposed Species Shows only the Existing Reserves The potential conservation areas are very general, but do indicate areas where conservation may occur under the various alternatives. The document further indicates that biological and physical features were used to delineate the generalized areas. Additionally, land use issues were also explored, although it is not clear what land use issues were explored. The Document does indicate that future development proposals may need to be analyzed as the process moves forward. The Document at this point fails to analyze how each alternative will affect existing and or planned land use in the City. Below, is a brief overview of each alternative and a description of how each alternative affects the City. Alternative 1 This alternative seeks to "promote the viability and recovery of western Riverside County ecosystems and habitats, and species dependent thereupon, toward a goal of reducing the need to list additional species in the future." In attempting to do so, this alternative seeks to protect up to 164 species. If this alternative is ultimately selected for the western County region, a total of 510,398 acres would potentially be conserved, with 357,196 acres within existing reserves and 153,202 acres of private land outside of existing reserves. This alternative includes several thousand acres from the City of San Jacinto. The areas of San Jacinto identified as potential conservation area include the Lakeview Hills and most of the flat lands within Annexation 66. Additionally, about half of the City limits north of the Ramona Expressway are also included within the areas of this alternative. Alternative 2 This alternative was requested by the MSHCP Advisory Committee to depict a potential conservation scenario that would address listed, proposed and strong candidate species. A total of 29 listed species and proposed species occur in the MSHCP Alternative 2 study area. Under this alternative a total of 476,498 acres would be conserved, including 119,302 acres of private land outside of existing reserves. This alternative includes the same areas of San Jacinto that were depicted in Alternative 1. Alternative 2A This alternative was also requested by the MSHCP Advisory Committee to provide information on areas that would need to set aside to conserve narrow endemic plant species. Narrow endemic plant species are those plants that are native to a given geographic area, and does not imply rarity or endangerment. While there is no total acreage depicted for conservation, a good part of San Jacinto is included, primarily along the east side of Warren Road. In this case, the Lakeview Hills and the areas north of the Ramona Expressway are not included. Alternative 3 This alternative was requested by the MSHCP Advisory Committee and depicts a potential conservation scenario that would address only listed and proposed species. A total of 29 listed species and proposed species occur in the MSHCP Alternative 3 study area. Under this alternative a total of 451,005 acres would be conserved, including 93,809 acres of private land outside of existing reserves. This alternative includes the flat areas of Annexation 66 and those areas north of Ramona Expressway. The Lakeview Hills were not included in this conservation alternative. Alternative 4 This alternative includes only the areas within existing reserves. No additional conservation acreage is necessary under this alternative. San Jacinto is unaffected by this alternative. JUSTIFICATION: The Council should either develop a position on the various MSHCP alternatives or ask that additional analyses be provided in order to determine the impact of existing and/or planned land use in the City. BUDGETARY IMPACT: Unknown at this time, as once a conservation alternative is determined by the MSHCP Advisory Committee, funding and implementation strategies will be explored. ALTERNATIVES COMPARISON BY CITY (Land Outside of Existing Reserves) City Alternative 1 Acreage in Addition to Existing Reserves Alternative 2 Acreage in Addition to Existing Reserves Generalized Locations Not Conserved under Alt 2 Compared to Alt 1 Alternative 3 Acreage in Addition to Existing Reserves Generalized Locations Not Conserved under Alt 3 Compared to Alt 1 Banning 1,300-1,600 1 1,000 -1,200 Banning Idyllwild Hwy 1,000-1,200 Same as w/ Alt 2 Beaumont 8,600 -10,500 3,100 - 3,800 Reduced configuration in Badlands 3,100 - 3,800 Same as w/ Alt 2 Calirnesa Canyon Lake 900 -1,300 400 - 450 270 - 330 400 450 Linkage: Noble Creek, Cherry Valley 270 - 330 Same as w/ Alt 2 N/A 320 - 390 Linkage: westem Salt Creek Corona 800 -1,000 110 -140 La Sierra Hills: Fresno Cyn; Reduced linkage: Lower Temescal Wash 900 -1,300 900 -1,300 N/A 110 -140 800 -1,200 Same as w/ Alt 2 Hemet Lakeview Mtns Lake Elsinore - 1 8,500 -10,300 1 6,000 - 7,400 South end of Lake Elsinore Linkage: Upper Temescal Wash + (south end of Lake) 180 - 230 0 Reduced configuration in' ' Badlands 6,000 - 7,400 0 Same as w/ Alt 2 Same as w/ Alt 2 Moreno Valley Murrieta 1 i 2,700 - 3,300 2,400 - 3,000 Linkage: Lower Warm 2,400 - 3,000 Same as w/ Alt 2 Springs Norco 850 - 950 0 Norco Hills 0 Same as w/ Alt 2 Penis I 1,900 - 2,300 1,900 - 2,300 N/A 1,900 - 2,300 Same as w/ Alt 2 Riverside San Jacinto 500 - 600 2,500 - 2,900 j 0 2,200 - 2,700 I 500 - 600 Norco Hills 0 Same as w/ Alt 2 Reduced configuration in 1,000 -1,300 Badlands Lakeview Mtns Temecula 500 - 600 N/A 500 - 600 N/A November 9, 2000 2180-01 Pmfeuiorrearm t Comp�p,,,jt_� Western Riverside County MSNCP 1 CI ACREAGES • A TERNATIVE 1 Banning Beaumont Calimesa Canyon Lake Corona Hemet Lake Elsinore Moreno Valley Murrie to Norco Perris Riverside San Jacinto Temecula 1,300 — 1,600 8,600 — 10,500 (includes Potrero) 900 —1,300 450 — 550 800 —1,000 900 —1,300 8,500 —10,300 180 — 230 2,700 — 3,300 850 — 950 1,900 — 2,300 500 — 600 2,500 — 2,900 500 — 600 28,780 — 37,030 18% — 24% conservation in cities 82% — 76% conservation in unincorporated County November 9, 2000 2180-01 Western Riverside County MSHCP 1 Professional Teams for Complex Projects CI AC EAGES • ALTERNATIVE 2 Banning Beaumont Calimesa Canyon Lake Corona Hemet Lake Elsinore Moreno Valley Murrieta Norco Perris Riverside San Jacinto Temecula 1,000 —1,200 3,100 — 3,800 270 — 330 450 — 550 110 —140 900 — 1,300 6,000 — 7,400 0 2,400 — 3,000 0 1,900 — 2,300 0 2,200 — 2,700 500 — 600 18,830 — 23,320 15% — 19% conservation in cities 85% — 81% conservation in unincorporated County November 9, 2000 2180-01 Western Riverside County MSHCP 2 Prolusion! Teams for Cmnpta Pmjeats C ACREAGES • ALTERNATIVE 3 Banning Beaumont Calimesa Canyon Lake Corona Hemet Lake Elsinore Moreno Valley Murrieta Norco Perris Riverside San Jacinto Temecula 1,000 —1,200 3,100 — 3,800 270-330 360 — 440 110 —140 800 — 1,200 6,000 — 7,400 0 2,400 — 3,000 0 1,900 — 2,300 0 1,000 —1,300 500 — 600 17,440 — 21,710 18% — 23% conservation in cities 82% — 77% conservation in unincorporated County November 9, 2000 2180-01 ASS©CIAI'hS, INC. Tecsma for Compla Prolecct Western Riverside County MSHCP 3 TO: FROM: The Honorable City Council Jake Wager, City Manage SUBJECT: Franchise Agreement Extension of Time Adelphia Co RECOMMENDATION: By motion, approve a seven -month Franchise Agreement ex Communications, new expiration date would be June 30, 2001. BACKGROUND: nsion o unications time with Adelphia As the Council may recall, on July 20, 2000, Adelphia was granted a four -month extension to their franchise agreement. The purpose behind the extension was to allow a similar process to go forward between Adelphia and the City of Hemet. The value in this approach is that Hemet has retained the services of a consultant who specializes in cable franchises. In staffs discussions with Adelphia, we have emphasized three points. Those points are as follows: 1. The terms of the eventual franchise agreement that will be considered by the City of San Jacinto must be equal to or better than those offered to the City of Hemet. 2. That information be provided to the City of San Jacinto as to a firm delivery date fo the provision of cable Internet services to city residents and businesses. 3. That a "place holder" be included in the franchise agreement for a future (time undetermined) public access channel for broadcasting City Council meetings, Planning Commission meetings, etc. On November 8, 2000, a Council Subcommittee met to discuss the Adelphia Franchise Agreement. In discussing with Adelphia the progress being made, it became apparent that additional time is warranted prior to final approval of new franchise agreement. On that basis, the Subcommittee is recommending that an additional extension be granted with a new expiration date of June 30, 2001. JUSTIFICATION: An extension of time is necessary to allow the City to receive a comparable franchise fee in relation to our neighbor cities. BUDGETARY IMPACTS: None identified at this time. In any case, the new franchise fees current revenues received from this agreement. ATTACHMENTS: None probably be higher than the December 7, 2000 AGENDA ITEM 4.3 TO: Honorable Mayor and Members of the City Council FROM: Tim Hults, Planning Directo SUBJECT: Community Development Block Grant Supplemental Agreement with the County of Riverside RECOMMENDATION Approve the Community Development Block Grant Supplemental Agreement with the County of Riverside for the 2000-2001 Fiscal Year, and authorize the Mayor to execute the Agreement. BACKGROUND Earlier this year, the City Council approved allocations for the Fiscal Year 2000-2001 Community Development Block Grant program. The next step in the program is the approval and execution of the supplemental agreement with the County of Riverside. The supplemental agreement (attached) establishes the conditions under which the City and the public service agencies which received CDBG grants will implement the program for FY 2000-2001. The amount of CDBG funding allocated to the City for FY 2000-2001 is $206,141, of which 15 percent is set aside for public service agencies. The public service agencies which were awarded grants by the Council included the "Family Service Association of Riverside County ($5,000)," "Adult Day Care Center of Hemet -San Jacinto ($5,000)," "Habitat for Humanity ($3,500)," "Valley Resource Center ($5,000)," "Care -A -Van Transit ($5,000)," "Assistance League of Hemacinto ($5,000)" and "Alternatives to Domestic Violence ($7,500)." Additionally, the Council allocated funds for the Camino Los Banos/Cecilia Drive Sewer Improvements in the amount of $170,141. Upon approval of the supplement agreement by the Council, it is then executed by the Mayor and forwarded to the County for consideration and approval by the Board of Supervisors. JUS I ICATION: The approval of the agreement will not have a significant impact on existing public service programs, City programs or near -term construction projects. The approval of the agreement will allow for the projects noted above to move forward and allow for the budgeted funds to be spent this fiscal year. BUDGETARY IMPACT: By approving this agreement the City will be securing the funds needed for the installation of the sewer infrastructure on Camino Lost Banos and Cecelia Drive. Also, the service agencies that received CDBG funding will be able to begin incurring costs for their approved programs. ATTACHMENTS: 1. Supplemental Agreement AGE IA. ITEM4.4 December 07, 2000 TO: The Honorable City Council FROM: Stuart Heller, Chief of Police SUBJECT: LLEBG Funds to Purchase Property/Fvidence Vehicle RECOMMENDATION: By motion, allocate funding from the 2000 LLEBG to purchase a new vehicle to be used for crime scene processing and property transportation, replacing the current truck and authorize the San Jacinto Police Department to dispose of it. BACKGROUND: The Local Law Enforcement Block Grant, LLEBG, is funded by The Bureau of Justice Assistance, U.S. Department of Justice. The purpose of the Grant is to provide Local Law Enforcement support in (7) areas: 1. Support Law Enforcement 2. Enhance Security Measures 3. Establish or Support Drug Courts 4. Enhance the Adjudication of Cases Involving Violent Offenders 5. Establish Multijurisdictional Task Forces 6. Establish Crime Prevention Programs 7. Defray the Cost of Indemnification Insurance for Law Enforcement Officers The 1999 LLEBG ($27,466) was used to replace a K-9, purchase a Voice Stress Analyzer, and provide materials for the Community Oriented Policing Program. JUSTIFICATION: The department is currently using a 1988 Ford F250 Truck with 98,778 miles. This truck is not equipped with any storage compartments and is constantly being repaired for mechanical problems. The department needs a reliable and secured vehicle for transportation of evidence to various courts within this county as well as other jurisdictions. This vehicle will also be equipped with storage compartments to carry all equipment for immediate use in crime scene processing. The ideal vehicle will most likely be a cargo type van. Once the new vehicle is purchased, the existing vehicle will be sent to auction and the proceeds will be returned to the General Fund. BUDGETARY IMPACT: The eligible award amount was $21,416 and requires matching funds of $2,380 fo amount of $23,796. The matching funds can come from the photographic supplies account, 010- 3100-431-8185. Increased use of digital cameras has reduced spending in this accoi ATTACHMENTS: None TO: December 7, 2000 AGENDA ITEITEM 4.5 Honorable Mayor and Members of the City Council (Sitting ` as the Redevelopment Agency Board) FROM: Tim Hults PlanningDirec-tor' SUBJECT: Approval plans and specifications for the Veterans Memorial at Druding Park, and authorize_ staff to proceed. RECOMMENDATION. By motion. approve the plans and specifications for the Veterans Me authorize staff to proceed. BACKGROUND: oria] at Druding Park, and At the April 20, 2000, City Council meeting, the Council made a budget amendment of $35,000 to create a Veterans Memorial at Druding Park. This item was brought forward by the efforts of Vice Mayor Jim Ayres and the support of the local American Legion and Veterans for Foreign Wars. An Application was completed for a piece of military hardware from the Department of the Army to he donated to the City. In September of this year, City Staff received a call from the Department of the Army informing us that the City is eligible for a M60 Tank, and it was located at Camp Roberts in Northern California. Additionally, the Department of the Army would require the City to demilitarize the tank and to provide transportation for it. Furthermore, it was suggested that Staff contact Camp Roberts for the details. After contacting Camp Roberts, an appointment was made for the Vice Mayor and staff to inspect the tank and make arrangements for the transportation and demilitarization of the tank. The estimated cost for transportation and demilitarization of the tank is approximately $5000. One of the requirements to receive the tank is to have a site and a pad prepared before they release the tank as presented in the conceptual form at the April 20 City Council meeting. Staff has now prepared a site plan for Druding Park and received the pad specifications for the tank. Before demilitarizing of the tank can start, the City must have the pad prepared. City Staff would do the construction of the pad at an estimated cost of $2500. Additionally, City Staff would install additional sidewalks and landscaping for the site at an estimated cost of $5000. Three flagpoles and additional lighting are proposed for the site with a monument wall displaying plaques from each military branch at an estimated cost of $10,000. At this time the total cost estimated for the project completion is $22,500. Finally, the City will be required to maintain the tanks appearance by painting it when needed. The City will also have to provide a 8 x 10 color photo of the tank every year to the Department of the Army. The estimated cost is expected to be minimal. JIiSTIFIC AT1OK The City of San Jac interpretive facilities. to 2010 Plan encourages the creation BUDGETARY IMPACTS: The source of funds will be General Fund Capital Outlay Reserve Fund in the amount of $35,000 which has a balance of $690,000 ATTACHM FNTS: 1- Conceptual Drawings prepared by City Staff 1- Photos of the M60 Tank DRUDING PARK VETERANS MEMORIAL CONCEPTUAL PLAN �.E. "COLIC" COLEMAN MEMORIAL EXISTING BENCh SECOND STREtI -BOX EXISTING PARK MONUMENT SIGN Name: MVC-005F.JPG Dimensions: 1472 x 1104 pixels TO: FROM: SUBJECT: December 7, 2000 AGENDA ITEM4.5 Honorable Mayor and Members of the City Council (Sitting as the Redevelopment Agency Board) Tim Hults Planning Director Approval plans and specifications for the Veterans Memorial at Druding Park, and authorize staff to proceed. RECOMMENDATION: By motion, approve the plans and specifications for the Veterans Memorial at Druding Park, and authorize staff to proceed. BACKGROUND:. At the April 20, 2000, City Council meeting, the Council made a budget amendment of $35,000 to create a Veterans Memorial at Druding Park. This item was brought forward by the efforts of Vice Mayor Jim Ayres and the support of the local American Legion and Veterans for Foreign Wars. An Application was completed for a piece of military hardware from the Department of the Army to be donated to the City. In September of this year, City Staff received a call from the Department of the Army informing us that the City is eligible for a M60 Tank, and it was located at Camp Roberts in Northern California Additionally, the Department of the Army would require the City to demilitarize the tank and to provide transportation for it. Furthermore, it was suggested that Staff contact Camp Roberts for the details. After contacting Camp Roberts, an appointment was made for the Vice Mayor and staff to inspect the tank and make arrangements for the transportation and demilitarization of the tank. The estimated cost for transportation and demilitarization of the tank is approximately $5000. One of the requirements to receive the tank is to have a site and a pad prepared before they release the tank as presented in the conceptual form at the April 20 City Council meeting. Staff has now prepared a site plan for Druding Park and received the pad specifications for the tank. Before demilitarizing of the tank can start, the City must have the pad prepared. City Staff would do the construction of the pad at an estimated cost of $2500. Additionally, City Staff would install additional sidewalks and landscaping for the site at an estimated cost of $5000. Three flagpoles and additional lighting are proposed for the site with a monument wall displaying plaques from each military branch at an estimated cost of $10,000. At this time the total cost estimated for the project completion is $22,500. Finally, the City will he required to maintain the tanks appearance by painting it when needed. The City will also have to provide a 8 x 10 color photo of the tank every year to the Department of the Army. The estimated cost is expected to be minimal. JUSTIFICATION:. The City of San Jacinto 2010 Plan encourages the creation and expansion of cultural and interpretive facilities. BUDGETARY IMPACTS: The source of funds will be General Fund Capital Outlay Reserve Fund in the amount of $ 35,000 which has a balance of $690,000 ATTACHMENTS: I- Conceptual Drawings prepared by City Staff 1- Photos of the M60 Tank DRU DING PARK VETERANS MEMORIAL CO \ICEPTUAL FLAN N.E. "COL" COLEMAN MEMORIAL EXISTING NCI-1 SECOND STREET VETERANS MEMORIAL SIGN EXISTING PARK MONUMENT SIGN � Nmrno: K4VC-005FJPG Dimensions: l472xllU4pixels December 7, 2000 AGENDA ITEM 4.6 TO: The Honorable City Council FROM: Tim Hults, Planning Director SUBJECT: Western Riverside County MSHCP Attached is the Staff prepared alternative conservation planning area related to the MSHCP planning program. As you can see, the Staff alternative is one of the alternatives developed by the MSHCP consultant for the MSHCP Alternatives Development Document. The Staff alternative shows conservation of the existing wetlands areas that are on record in the Valley floor area between Sanderson and Warren Road, and the hillside areas ringing the City. The Staff alternative is recommended based upon a number issues: first, it is believed that low density residential, estate residential, and recreational open space are land uses that are consistent with conservation planning; second, based upon these land use designations some development can still occur in the hillside areas of the City; thirdly, some biological mitigation will be necessary in both the hillside areas and Valley floor due to the presence of biological sensitivities; finally, these biological sensitivities are limited to specific areas and as such any conservation planning should be focused and not all inclusive. Also attached to this document is a list of projects to be submitted to the County that should be included in any environmental project documentation. The projects listed would be identified in any regulatory permits that may be issued as a result of the MSHCP program. As a result, the projects would be exempt from any future environmental reviews. N 0: PERMITTED ACTIVITIES UNDER COUNTY MSHCP As requested by the County, Staff has prepared a list of projects that would be permitted activities under the Multiple Species Habitat Conservation Program. The majority of the projects are infrastructure related, although there are two additional fire stations, some future parks and schools as shown on the General Plan Land Use Element map that have also been included. . Highway 79 realignment from Gilman Springs Road including interchanges at various locations. o Esplanade Avenue, 2. Extension of Ramona Expressway from Main Street to Hwy. 74. 3. Construction of the De Anza Lift Station and Force Main proposed to be constructed south of the Ramona Expressway, near Sanderson Avenue. 4. Construction of major arterial roads (widening and new) as illustrated on circulation element of our general plan and adopted specific plans. Approximate new right of way is 30 acres. 5. Pavement resurfacing and minor widening including installation of sidewalk and traffic signals along existing roads. 6. Installation of master drainage facilities pursuant to the San Jacinto Master Drainage Plan, the Riverside County Flood Control Drainage Plan, San Jacinto General Plan, San Jacinto Redevelopment Plan and future updates. 7. Installation of street and drainage improvements conditioned for individual projects not identified in any of the above items. 8. Installation and expansion of domestic water facilities, including tanks, pumps, wells, water mains, and recharging facilities, pursuant to current Master Plan, San Jacinto General Plan, San Jacinto Redevelopment Plan and future updates. 9. Installation and expansion of sewer facilities, including lift stations, pumps, sewer mains, and recharging water facilities, pursuant to current Master Plan, San Jacinto General Plan, San Jacinto Redevelopment Plan and future updates. 10. Expansion of the Buena Vista Retention Basin to allow for ground water recharge, including the installation of a water well and above ground storage tanks. 11. Construction of parks and schools as indicated on the Land Use Element Map of the San Jacinto General Plan as needed to ensure existing facilities are not unduly burdened. 12. Construction of additional fire stations as needed to ensure adequate time and that existing services/facilities are not unduly burdened. esponse Residential/ Urban/Exotic Alkali Playa Chamise Chaparra Chaparral Coast Live Oak Woodland Dairy & Livestock Feedyards Disturbed Alluvial Field Croplands Grove/Orchard Mule Fat Scrub Non-native Grassland Oak Woodland Open Water/Reservoir/ Pond Coastal and Valley Freshwater Marsh Riparian Forest Riparian Scrub Riversidean Alluvial Fan Sage Scrub Riversidean Sage Scrub Southern Cottonwood/ Willow Riparian Vernal Pools No Data Beaumont December 7, 2000 TO: The Honorable City Council FROM: Tim Huits, Planning Director SUBJECT: Western Riverside County MSHCP RECOMMENDATION: AGENDA ITEM 4.6 By motion, express support for the MSHCP conservation -planning program and develop a preference for conservation areas in the City of San Jacinto. BACKGROUND: Attached is the Staff Report prepared for the November 16, 2000 Council meeting describing the various alternatives being considered by the MSI-ICP Advisory Committee. Previously, the Council was provided the Executive Summary of the MSHCP Alternatives Development Document. Representatives of the County will be on hand to provide a presentation on the conservation alternatives identified in the MSHCP Alternatives Development Document. The County is requesting that the City identify a preferred conservation alternative for the MSHCP program as it relates to San Jacinto. Additionally, it is believed that the County will ask that the City develop a mitigation fee for the implementation of the MSHCP program. At this point, City Staff does not support any of the proposed alternatives identified in the MSHCP Alternatives Development Document, or the establishment of a mitigation fee. After the presentation, Staff will present a set of maps depicting different alternatives for San Jacinto and ask that the Council support one of the Staff alternatives. JUSTIFICATION Expressing support for the MSHCP concept will show the regulatory agencies that the City is in favor of a comprehensive conservation program. Furthermore, supporting the concept will allow for development to continue in specified areas without the potential threat of additional unknown biological concerns. TO: FROM: The Honorable City Council Bernard Simon - Finance Directo SUBJECT: Approve Warrant Register for Warrants, Prepaid Chec RECOMMENDATION: By motion, approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council Meeting. and Payroll Checks BACKGROUND: The following are the warrant and check #'s for this cycle: Warrant/Prepaid #'s Cycle Dates Payroll Checks Cycle Date 55743-55909 December 08, 2000 13212 - 13242 December 08, 2000 Payroll information is available for Council review in the Finance Department. JUSTIFICATON: All warrants, pre -paid checks and payroll checks require Council approval. BUDGETARY IMPACT: Adequate funds have been budgeted to cover the subject expenses. ATTACHMENTS: 1 - Detailed listing of accounts payable and pre -paid checks. PREPARED 12/01/2000, PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 12:08:22 PERIOD: 00262 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR city of san Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME DUE DATE CHECK# CHECK DATE TYPE LAST TRANS. 2700 12/08/2000 002153 00 096-9700-470.31-15 INLAND EMPIRE REVIEW 100 12/08/2000 002127 00 065-0000-229.08-67 REIMBURSE WATER DEPOSIT 200 12/08/2000 002128 00 010-1400-414.40-45 KEYBOARD TRAY 300 12/08/2000 002129 00 055-4170-450.33-30 SUPPLIES 400 12/08/2000 002130 00 052-9026-450.40-01 SUPPLIES 500 12/08/2000 002131 00 055-4170-450.35-16 PHONE SERVICE 600 12/08/2000 002132 00 025-7250-410.33-30 SUPPLIES 700 12/08/2000 002133 00 025-7252-410.33-30 SUPPLIES 9 12/08/2000 002135 00 021-4150-410.34-05 SUPPLIES 1000 12/08/2000 002136 00 021-4150-410.34-05 SUPPLIES 1100 12/08/2000 002137 00 021-4150-410.34-05 SUPPLIES 1200 12/08/2000 002138 00 021-4150-410.34-05 SUPPLIES 1300 12/08/2000 002139 00 021-4150-410.34-05 SUPPLIES 800 12/08/2000 002134 00 041-4155-410.40-01 COTTONWOOD & SANDERSON 1400 12/08/2000 002140 00 065-0000-229.08-67 REIMBURSE WATER DEPOSIT 0000947 A. GARY ANDERSON 12/08/2000 0000000 00/00/0000 0000947 ADAEVON CRONE 12/08/2000 0000000 00/00/0000 STMT N REQUEST N 0002925 ADAIR OFFICE FURNITURE 377478 12/08/2000 0000000 00/00/0000 N 0000931 AL'S KUBOTA TRACTOR LAWNM 093895 12/08/2000 0000000 00/00/0000 N 0002885 AQUA METRIC SALES COMPANY 12905 12/08/2000 0000000 00/00/0000 N 0000991 AT & T 12/08/2000 0000000 00/00/0000 0000985 B & W PIPE & SUPPLY 12/08/2000 0000000 00/00/0000 0000985 B & W PIPE & SUPPLY 12/08/2000 0000000 00/00/0000 0000242 C.E.D. 12/08/2000 0000000 00/00/0000 0000242 C.E.D. 12/08/2000 0000000 00/00/0000 0000242 C.E.D. 12/08/2000 0000000 00/00/0000 0000242 C.E.D. 12/08/2000 0000000 00/00/0000 0000242 C.E.D. 12/08/2000 0000000 00/00/0000 0002938 CDE RESOURCES, INC. 12/08/2000 0000000 00/00/0000 0000947 COVENANT DEVELOPMENT 12/08/2000 0000000 00/00/0000 STMT N 42952 N 42940 N 2983-400264 N 2983-400181 N 2983-14000 N 2983-14085 N 2983-400051 N 1000-022 N REQUEST N 100.00 50.00 64.38 49.86 3,126.69 12.25 35.99 193.41 167.00 34.66 19.59 54.80 219.21" 74,987.95:` 28.68 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00262 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR i.:ity cm ban .iztesLIw ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT ..:DISC/RETAINAGE 1500 12/08/2000 002141 00 025-7250-410.33-30 BACKFLOW TESTING 1600 12/08/2000 002142 00 010-3100-431.40-45 COMPUTER PURCHASE 1700 12/08/2000 002143 00 050-9000-450.33-30 PLSITE #3474 SALLEE POOL 1800 12/0B/2000 002144 00 022-4150-410.40-01 ESPLANADE AVENUE WIDENING 1900 12/08/2000 002145 00 010-2500-425.30-90 FEES FOR SB90 CLAIM 2100 12/08/2000 002147 00 050-9000-450.33-30 GRAND WELL SYSTEM 2200 12/08/2000 002148 00 050-9000-450.33-30 BACTERIAL ANALYSIS 2300 12/08/2000 002149 00 050-9000-450.33-30 BACTERIAL ANALYSIS 2400 12/08/2000 002150 00 021-4150-410.33-50 VEHICLE MAINTENANCE 2900 12/08/2000 002155 00 055-4170-450.33-30 SUPPLIES 3000 12/08/2000 002156 00 055-4170-450.33-30 SUPPLIES 3100 12/08/2000 002157 00 055-4170-450.33-50 SUPPLIES 3300 12/08/2000 002159 00 050-9000-450.33-30 SUPPLIES 5700 12/08/2000 002183 00 010-1400-414.31-20 MEMBERSHIP 1/01-12/31/01 3400 12/08/2000 002160 00 052-9026-450.40-01 SUPPLIES 0002862 DB BACKFLOW SERVICE 106001 12/08/2000 0000000 00/00/0000 N 0002854 DELL COMPUTERS 444583637 12/0B/2000 0000000 00/00/0000 N 0002968 DEPARTMENT OF ENVIROMENTA STMT 12/08/2000 0000000 00/00/0000 N 0002969 DEPARTMENT OF TRANSPORTAT 81178592 12/08/2000 0000000 00/00/0000 N 0001683 DMG AND ASSOCIATES 99F-139. 12/08/2000 0000000 00/00/0000 N 0000949 E.S.. BABCOCK & SONS, INC. 124179 12/08/2000 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS, INC. 28543 12/08/2000 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS, INC. 28363 12/08/2000 0000000 00/00/0000 N 0000483 EVANS TIRE CO. 13937 12/08/2000 0000000 00/00/0000 N 0002090 HEMET BUILDING & GARDEN C 12/08/2000 0000000 00/00/0000 0002090 HEMET BUILDING & GARDEN C 12/08/2000 0000000 00/00/0000 0000564 HEMET INDUSTRIAL SUPPLY 12/08/2000 0000000 00/00/0000 0000564 HEMET INDUSTRIAL SUPPLY.. 12/08/2000 0000000 00/00/0000 2017 N. 2018 N 13244 N 13197 N 0001196 HTE USER'S GROUP HUG010508 12/08/2000 0000000 00/00/0000 N. 0000619 INLAND WATER WORKS SUPPLY 94549 12/08/2000 0000000 00/00/0000 N 192.46 1,510.68- 252.00 20,927.00 1,427.00 59.00 48.00 48.00 17.45 17.78 43.10 26.36 28.25 80.00 85.99 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00262 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR city Oz San U Cincv ACCOUNTS PAYABLE UPDATE LIST TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS 3500 12/08/2000 002161 00 052-9026-450.40-01 SUPPLIES 3600 12/08/2000 002162 00 052-9026-450.40-01 SUPPLIES 3700 12/08/2000 002163 00 010-1200-412.31-20 REIMBURSEMENT 3800 12/08/2000 002164 00 055-4170-450.33-50 SUPPLIES 3900 12/08/2000 002165 00 065-0000-103.12-07 WEED ABATEMENT 4000 12/08/2000 002166 SUPPLIES 4100 12/08/2000 SUPPLIES 4200 12/08/2000 SUPPLIES 5800 12/08/2000 SUPPLIES 00 010-4100-410.21-10 002167 00 010-0000-308.06-01 002168 00 010-0000-308.06-01 002184 00 010-1400-414.21-10 4300 12/08/2000 002169 00 OSBORNE DDA AMENDMENT 4400 12/08/2000 002170 00 SUPPLIES 4500 12/08/2000 002171 00 SUPPLIES 4600 12/08/2000 002172 00 SUPPLIES 4700 12/08/2000 002173 00 SUPPLIES 4800 12/08/2000 002174 00 SUPPLIES 096-9700-470.30-90 050-9000-450.33-30 055-4170-450.33-30 055-4170-450.33-30 050-9000-450.33-30 050-9000-450.33-30 12/08/2000 0000000 00/00/0000 0002626 KINKOS 12/08/2000 0000000 00/00/0000 0002626 KINKOS 12/08/2000 0000000 00/00/0000 0002626 KINKOS 12/08/2000 0000000 00/00/0000 AMOUNT DISC/RETAINAGE 0000619 INLAND WATER WORKS SUPPLY 94207 12/08/2000 0000000 00/00/0000 N 0000619 INLAND WATER WORKS SUPPLY 94258. N 12/08/2000 0000000 00/00/0000 0002929 JOHN F. WAGER JR. 12/08/2000 0000000 00/00/0000 0000641 JOHNSON MACHINERY 12/08/2000 0000000 00/00/0000 REQUEST N PC000303350 N 0000648 KARL E. BUCHWITZ, DBA.. STMT N 170500010799 N 170500010803 N 170500010800 N 0002626 KINKOS 170500010795 12/08/2000 0000000 00/00/0000 N- 0002339 ORANGE COAST TITLE 12/08/2000 0000000 00/00/0000 0001001 PIERCE PLUMBING 12/08/2000 0000000 00/00/0000 0001001 PIERCE PLUMBING 12/08/2000 0000000 00/00/0000 0001001 PIERCE PLUMBING 12/08/2000 0000000 00/00/0000 0000924 PIONEER AMERICAS, INC. 12/08/2000 0000000 00/00/0000 0000924 PIONEER AMERICAS, 12/08/2000 0000000 00/00/0000 R-190855-6 N 28298 N 28258 N 28302 N 55729 N NC. 55847 N 120.68 102.04 128.93 141.12... 2,182.50 6.47 215.26 142.2 129,05 500.00 77.26 105.88 22.70 1,821.61 771.98 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00262 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR vlt.y u.l auta ua�:iiaw ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT -: DISC/RETAINAGE': 4900 12/08/2000 002175 00 010-1110-411.36-25 ACCT #103537 5000 12/08/2000 002176 00 010-1110-411.36-25 ACCT #103537 2500 12/08/2000 002151 00 025-7100-410.30-90 COACHING SKILLS SEMINAR 2600 12/08/2000 002152 00 050-9000-450.31-20 COACHING SKILLS R. PROZE 5100 12/08/2000 002177 00 028-7100-410.40-01 SKYVIEW PARK 5200 12/08/2000 002178 00 055-4170-450.34-05 SERVICES RENDERED 5300 12/08/2000 002179 00 055-4170-450.34-05 SERVICES RENDERED 5400 12/08/2000 002180 00 010-1100-411.21-10 SUPPLIES 5500 12/08/2000 002181 00 052-9026-450.40-01 SUPPLIES 5600 12/08/2000 002182 00 065-0000-229.08-67 REIMBURSE WATER DEPOSIT 5900 12/08/2000 002185 00 025-7252-410.33-30 SUPPLIES 6000 12/08/2000 002186 GRAFITTI REMOVAL PROGRAM 2000 12/08/2000 248 E. MAIN ST 6100 12/08/2000 SUPPLIES 2800 12/08/2000 SANDER/GRINDER 002146 002187 002154 00 025-7260-410.34-05 00 091-9700-470.40-01 00 021-4150-410.33-10 00 021-4150-410.33-30 0002606 PRESS 12/08/2000 0000000 0002606 PRESS 12/08/2000 0000000 ENTERPRISE 00/00/0000 ENTERPRISE 00/00/0000 0002288 PRYOR RESOURCES, INC. 12/08/2000 0000000 00/00/0000 0002288 PRYOR RESOURCES, INC. 12/08/2000 0000000 00/00/0000 0002777 QUALITY TURF 12/08/2000 0000000 00/00/0000 0000893 ROTO-ROOTER SERVICE 12/08/2000 0000000 00/00/0000 0000893 ROTO-ROOTER SERVICE 12/08/2000 0000000 00/00/0000 1068817 N 1069502 N 4049036 S N N 5333 N 191185 N 183268 N 0001166 STATER BROS 121 12/08/2000 0000000 00/00/0000 N 0002130 SUPERIOR READY MIX CONCRE 995391 12/08/2000 0000000 00/00/0000 N 0000947 TINA DOANE 12/08/2000 0000000 00/00/0000 0000360 VAT,LEY ELECTRIC 12/08/2000 0000000 00/00/0000 0000340 VALLEY WIDE RECREATION 12/08/2000 0000000 00/00/0000 0000526 VERIZON CALIFORNIA 12/08/2000 0000000 00/00/0000 0002798 VULCAN MATERIALS C 12/08/2000 0000000 00/00/0000 0000540 W.W. GRAINGER, INC. 12/08/2000 0000000 00/00/0000 108 REQUEST N 432 N - 1078, N N PANY 722865 N 930-311672-8 N 220.80 342.72 195.00 195.00 148.91 295.00 269.38 45.82 143.31 8.72 378.24 1,423.00 254.89 132.67 179.95 PREPARED PROGRAM: 12/01/2000, 12:08:22 GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED EY GROUP UPDATED BY PERIOD: 00262 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 6200 12/08/2000 002188 00 021-4150-410.33-10 SUPPLIES COUNT: AMOUNT: GROUP TOTALS 61 114,707.79 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS 0000316 WESTERN HIGHWAY PRODUCTS 334807 12/08/2000 0000000 00/00/0000 N AMOUNT DISC/RETAINAGE.. PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00263 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR Cicy OE aan U3C1IIco ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME DUE DATE CHECK# CHECK DATE TYPE LAST TRANS INVOICE NUMBER AMOUNT DISC/RETAINAGE 100 12/08/2000 002189 SUPPLIES 200 12/08/2000 002190 SUPPLIES 300 12/08/2000 002191 SUPPLIES 400 12/08/2000 002192 REIMBURSE CELL PHONE 3400 12/08/2000 002222 RAUL NAVARRO VS CITY OF 3500 12/08/2000 002223 COAST NATIONAL INSURANCE 3600 12/08/2000 002224 SUSAN MEADOR VS. CITY OF 500 12/08/2000 002193 VEHICLE MAINTENANCE 00 010-1200-412.21-10 00 010-4100-410.21-10 00 010-3300-431.21-10 00 010-1400-414.34-05 00 020-2200-419.30-90 SAN JACINTO 00 020-2200-419.30-90 VS. CITY OF SAN JACINTO 00 020-2200-419.30-90 SAN JACINTO 00 055-4170-450.33-50 600 12/08/2000 002194 00 055-4170-450.33-50 VEHICLE MAINTENANCE 700 12/08/2000 002195 00 050-9000-450.33-30 SUPPLIES 800 12/08/2000 002196 00 055-4170-450.33-30 SUPPLIES 1900 12/08/2000 002207 00 052-9026-450.40-01 SUPPLIES 900 12/08/2000 002197 00 010-2500-425.30-90 SALES TAX AUDIT 1000 12/08/2000 002198 00 025-7100-410.33-30 SUPPLIES 1100 12/08/2000 002199 00 010-7400-425.33-10 SUPPLIES 12/08/2000 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/08/2000 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/08/2000 0000000 00/00/0000 0000545 HACH COMPANY 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 11/29/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0002970 BERNARD SIMON 12/08/2000 0000000 00/00/0000 0002917 DALE, BRADEN & HINCHCLIFF 12/08/2000 0000000 00/00/0000 0002917 DALE, BRADEN & HINCHCLIFF 12/08/2000 0000000 00/00/0000 1787 N 1787 N 1787 N REQUEST N 45204338006 DJA. N 45204189008 N 0002917 DALE, BRADEN & HINCHCLIFF 3541 N 14189 N 13814 N 2513771 N 0002090 HEMET BUILDING & GARDEN C 2019 12/08/2000 0000000 00/00/0000 N 0000582 HEMET VALLEY PIPE 12/08/2000 0000000 00/00/0000 0000591 HINDERLITE, DE LLMAS 12/08/2000 0000000 00/00/0000 SUPPL61336 N 4861 N 0002641 HOME DEPOT CREDIT SERVICE STMT 12/08/2000 0000000 00/00/0000 N 0002641 HOME DEPOT CREDIT SERVICE S 12/08/2000 0000000 00/00/0000 N 165.20 165.21 194.33 32.49 383.72 `. 925.20 33.00 179.07 63 .45``,.. 106.54 11.3] 1.48 324.27 '. 95.49 54.94 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00263 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR 1.11.y UL 00.11 ua.SLIL.v ACCOUNTS PAYABLE UPDATE LIST TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 1200 12/08/2000 SUPPLIES 1300 12/08/2000 SUPPLIES 1400 12/08/2000 SUPPLIES 1500 12/08/2000 SUPPLIES 1600 12/08/2000 SUPPLIES 1700 12/08/2000 SUPPLIES 1800 12/08/2000 SUPPLIES 2000 12/08/2000 SUPPLIES 2100 12/08/2000 SUPPLIES 2200 12/08/2000 SUPPLIES 2300 12/08/2000 SUPPLIES 3300 12/08/2000 CHARLES HINSHAW VS 2400 12/08/2000 SUPPLIES 2500 12/08/2000 BRIDGE FLY BY 2600 12/08/2000 SUPPLIES 002200 00 021-4150-410.33-10 002201 00 025-7100-410.33-10 002202 00 025-7252-410.33-30 002203 00 025-7250-410.33-30 002204 00 021-4150-410.33-10 002205 00 055-4170-450.21-80 002206 00 055-4170-450.21-80 002208 00 052-9026-450.40-01 002209 00 052-9026-450.40-01 002210 00 052-9026-450.40-01 002211 00 052-9026-450.40-01 002221 00 020-2200-419.30-90 CITY OF SAN JACINTO 002212 00 010-1400-414.21-10 002213 00 010-1100-411.21-10 002214 00 052-9026-450.40-01 0002641 HOME DEPOT CREDIT SERVICE 12/08/2000 0000000 00/00/0000 0002641 HOME DEPOT CREDIT SERVICE 12/08/2000 0000000 00/00/0000 0002641 HOME DEPOT CREDIT SERVICE 12/08/2000 0000000 00/00/0000 0002641 HOME DEPOT CREDIT SERVICE 12/08/2000 0000000 00/00/0000 0002641 HOME DEPOT CREDIT SERVICE 12/08/2000 0000000 00/00/0000 0002641 HOME DEPOT CREDIT SERVICE 12/08/2000 0000000 00/00/0000 0002641 HOME DEPOT CREDIT SERVICE 12/08/2000 0000000 00/00/0000 0000619 INLAND WATER WORKS SUPPLY 12/08/2000 0000000 00/00/0000 0000619 INLAND WATER WORKS SUPPLY 12/08/2000 0000000 00/00/0000 0000619 INLAND WATER WORKS SUPPLY 12/08/2000 0000000 00/00/0000 0000619 INLAND WATER WORKS SUPP 12/08/2000 0000000 00/00/0000 0001802 JOE MCMILLIN 12/08/2000 0000000 00/00/0000 0002626 KINKOS 12/08/2000 0000000 00/00/0000 0002971 MARCH AFB AERO CLUB 12/08/2000 0000000 00/00/0000 0000710 MARDEN-SUSCO 12/08/2000 0000000 00/00/0000 STMT N STMT N STMT N STMT N STMT N STMT STMT N 94065 N 93976 N 94083 N Y 93783 N OCT 31, 2000 N 170500010833 N 33821 N 336.27 73.08 66.75 29.77 87.97 496.85 145.46 137.92 346 96 117.86 721.94 1,065.50 72.80 300.00 S1061496.001 93.04 N PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIO➢: 00263 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR city OE San Uac; 1nc0 ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.D. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS. AMOUNT DISC/RETAINAGE 2700 12/06/2000 002215 0 SUPPLIES 2800 12/08/2000 002216 0 YOUNG,RAMONA,TAHQUITS,1ST 2900 12/06/2000 002217 0 PHONE SERVICE 3000 12/08/2000 002218 0 ESTUDILLO MANSION BBQ 3100 12/08/2000 002219 0 SUPPLIES 3200 12/08/2000 002220 0 MAIN STREET BRIDGE 3700 12/08/2000 002225 SUPPLIES 3800 12/08/2000 002226 SUPPLIES 0 022-4154-410.40-01 0 022-4162-410.40-01 0 010-3100-431.35-16 0 065-0000-201.08-62 0 055-4170-450.33-30 0 091-9700-470.40-01 00 021-4150-410.33-10 00 050-9000-450.33-30 3900 12/08/2000 002227 0 ACCT #103537 4000 12/08/2000 002228 0 ACCT #103537 4100 12/08/2000 002229 00 010-3100-431.34-05 MANAGEMENT SERVICES 11/00 0 010-1110-411.36-25 4200 12/08/2000 SERVICES RENDERED 4300 12/08/2000 GASOLINE PURCHASE 4400 12/08/2000 SUPPLIES 4500 12/08/2000 002233 00 010-3100-431.21-10 SUPPLIES 0 010-1110-411.36-25 002230 00 002231 00 002232 00 052-9026-450.40-01 021-4150-410.21-70 010-2500-425.21-10 12/08/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/08/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/08/2000 0000000 00/00/0000 0002869 RAULRAMOS 12/08/2000 0000000 00/00/0000 0000893 ROTO-ROOTER SERVICE 12/08/2000 0000000 00/00/0000 12/08/2000 0000000 00/00/0000 0000780 OVERNIGHT INDUSTRIAL 12/08/2000 0000000 00/00/0000 0000718 MATICH CORPORATION 12/08/2000 0000000 00/00/0000 0000718 MATICH CORPORATION 12/06/2000 0000000 00/00/0000 0001080 MCI TELECOMMUNICATIONS 12/08/2000 0000000 00/00/0000 100023 N 100025 N 61783252. N 0000947 MILLER JONES MORTUARY REQUEST N 8434 N 0002673 PARSONS BRINCKERHOFF CONS 10 12/08/2000 0000000 00/00/0000 N 0001001 PIERCE PLUMBING 12/08/2000 0000000 00/00/0000 28263 N 0000924 PIONEER AMERICAS, INC. 55476 N 1074743 N 1074742 N STMT N 183258 N 0000916 SAN JACINTO UNIFIED SCHOO 787 12/08/2000 0000000 00/00/0000 N 0000440 SMART & FINAL 12/08/2000 0000000 00/00/0000 0000420 STAPLES 12/08/2000 0000000 00/00/0000 1600 N STMT N 3,633.50 59,860.30 297.10 '. 2,105 .83, 16.11 28,173.45 63.97 771.98 82.56 55.68 3 040.00 358.50 1,293_94 106.40 404.61 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00263 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 4600 12/08/2000 002234 00 010-1100-411.21-10 SUPPLIES 4700 12/08/2000 002235 00 010-3300-431.21-10 SUPPLIES 4800 12/08/2000 002236 00 010-1700-417.21-10 SUPPLIES 4900 12/08/2000 002237 00 096-9700-470.21-10 SUPPLIES 5000 12/08/2000 002238 00 010-3100-431.21-10 SUPPLIES 5100 12/08/2000 002239 00 010-3100-431.21-10 SUPPLIES 5200 12/08/2000 002240 00 052-9026-450.40-01 SUPPLIES 5300 12/08/2000 002241 00 052-9026-450.40-01 SUPPLIES 5400 12/08/2000 002242 00 055-4170-450.33-30 SUPPLIES 5500 12/08/2000 002243 00 021-4150-410.33-30 SUPPLIES COUNT: AMOUNT: GROUP TOTALS 55 108,360.47 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS 0000420 STAPLES 12/08/2000 0000000 00/00/0000 0000420 STAPLES 12/08/2000 0000000 00/00/0000 0000420 STAPLES 12/08/2000 0000000 00/00/0000 0000420 STAPLES 12/08/2000 0000000 00/00/0000 0000420 STAPLES 12/08/2000 0000000 00/00/0000 0000420 STAPLES 12/08/2000 0000000 00/00/0000 STMT N STMT N STMT N STMT N STMT N 0002130 SUPERIOR READY MIX CONCRE 999556 12/08/2000 0000000 00/00/0000 N 0002130 SUPERIOR READY MIX CONCRE 999245 12/08/2000 0000000 00/00/0000 N 0002798 VULCAN MATERIALS COMPANY 719127 12/08/2000 0000000 00/00/0000 N 0000316 WESTERN HIGHWAY PRODUCTS 12/08/2000 0000000 00/00/0000 335054 N AMOUNT DISC/RETAINAGE 34.64 143.66:. 143.66 143.66 150.83 18.64 193.95 203.95 174.60' 60.88 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00266 ACCOUNTS PAYABLES D5/2001 MIMIR MIMIR MIMIR t.:zcy oz nJacinco ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE. 900 12/08/2000 002252 00 010-3100-431.33-10 SERVICES RENDERED 1000 12/08/2000 002253 00 010-1700-417.21-10 SUPPLIES 1100 12/08/2000 002254 00 010-1700-417.21-10 SUPPLIES 600 12/08/2000 002249 OD 010-1700-417.30-90 NAMEPLATES 700 12/08/2000 002250 00 010-1100-411.21-10 CITY PLAQUE 10800 12/08/2000 002351 00 010-4100-410.21-10 NAMEPLATES 800 12/08/2000 002251 00 010-3100-431.21-13 K-9 SUPPLIES 1200 12/08/2000 002255 00 010-2500-425.21-10 SUPPLIES 6900 12/08/2000 D02312 00 010-3100-431.34-05 PHONE SERVICE 1400 12/08/2000 002257 00 010-3100-431.34-05 LAB SERVICE 1700 12/08/2000 002260 00 010-3100-431.34-05 LAB SERVICES 1800 12/08/2000 002261 00 065-0000-201.06-01 WEED ABATEMENT 1900 12/08/2000 002262 00 065-0000-201.06-01 WEED ABATEMENT 2000 12/08/2000 002263 00 065-0000-201.06-01 WEED ABATEMENT 2100 12/08/2000 002264 00 065-0000-201.06-01 WEED ABATEMENT 0000946 A-1 LOCK & KEY SERVICE 26624 12/08/2000 0000000 00/00/0000 N 0002149 AMERICAN PLANNING ASSOCIA 954992 12/08/2000 0000000 00/00/0000 N 0002149 AMERICAN PLANNING ASSOCIA 954992 12/08/2000 0000000 00/00/0000 N 0000997 ANADY'S TROPHIES 12/08/2000 0000000 00/00/0000 0000997 ANADY'S TROPHIES 12/08/2000 0000000 00/00/0000 0000997 ANADY'S TROPHIES 12/08/2000 0000000 00/00/0000 0001161 ANIMAL MEDICAL CENTER 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0001006 AT & T LANGUAGE LINE 12/08/2000 0000000 00/00/0000 0002142 BIO-TOX LABORATORIES 12/08/2000 0000000 00/00/000D 0002142 BIO-TOX LABORATORIES 12/08/2000 0000000 00/00/0000 0002802 CARLOS AYALDE 12/08/2000 0000000 00/00/0000 0002802 CARLOS AYALDE 12/08/2000 0000000 00/D0/0000 0002802 CARLOS AYALDE 12/08/2000 0000000. 00/00/0000. 0002802 CARLOS AYALDE 12/08/2000 0000000 00/00/0000 27430 N 27238 N 27430 N 14347 N 1820 N 0101052200010 N 7474 N; 7465 N 520177 N " 520178 N, 520179 N 520180 N, 35.00 207.43 120.00 32.33 50.64 8.08 65.00.... 104.52 100.00 182 90 33.00 675.00 675.00. 600.00 1,447.00 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00266 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 11 REPORT NUMBER 23 TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS INVOICE NUMBER AMOUNT DISC/RETAINAGE 2200 12/08/2000 002265 MILEAGE REIMBURSEMENT 2400 12/08/2000 002267 MAINTENANCE BILLING 12/1 2600 12/08/2000 002269 FINGERPRINT APP 2700 12/08/2000 002270 PLANNING COMMISSIONER 00 010-1210-412.31-15 00 010-1400-414.21-10 TO 12/31/00 00 010-1210-412.30-90 00 010-1700-417.30-90 2800 12/08/2000 002271 00 025-7100-410.10-01 TEMPORARY STAFF 2900 12/08/2000 002272 00 025-7250-410.10-01 TEMPORARY STAFF 3000 12/08/2000 002273 00 025-7251-410.10-01 TEMPORARY STAFF 3100 12/08/2000 002274 00 025-7252-410.10-01 TEMPORARY STAFF 3200 12/08/2000 002275 00 010-1700-417.10-03 TEMPORARY STAFF 3300 12/08/2000 002276 00 010-3300-431.10-03 TEMPORARY STAFF 3400 12/08/2000 002277 00 025-7100-410.10-01 TEMPORARY STAFF 3500 12/08/2000 002278 00 025-7250-410.10-01 TEMPORARY STAFF 3600 12/08/2000 002279 00 025-7251-410.10-01 TEMPORARY STAFF 3700 12/08/2000 002280 00 025-7252-410.10-01 TEMPORARY STAFF 3800 12/08/2000 002281 00 010-1700-417.10-03 TEMPORARY STAFF 0002904 CINDY BOHN 12/08/2000 0000000 00/00/0000 0002464 COMSERCO 12/08/2000 0000000 00/00/0000 0002030 DEPARTMENT OF JUSTICE 12/08/2000 0000000 00/00/0000 0002782 DIANA TAVENNER 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/os/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 0002947 DIVERSIFIED THE STAFFING 12/08/2000 0000000 00/00/0000 REQUEST N 01/MA5024962 N 214271 N REQUEST N 29672 N 29672 N 29672 N 29672 N 29672 N 29672 N 29605 N 29605 N 29605 N 29605, N 29605 N 50.99 86.10 320.00..:. 100.00 82.80' 248.40 41.40 41.40 135.88 135.88 101.20 303.60 50.60 50.60 151.47 PREPARED 12/01/2000, 12:OI3:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00266 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR L1l.y VL .7 Gli umu.LALLV ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 3900 12/08/2000 002282 00 010-3300-431.10-03 TEMPORARY STAFF 4100 12/08/2000 002284 00 050-9000-450.33-30 BATH WELL 4200 12/08/2000 002285 00 050-9000-450.33-30 BACTERIAL ANALYSIS 4000 12/08/2000 002283 00 010-2500-425.37-05 UNEMPLOYMENT INSURANCE 4300 12/08/2000 002286 00 010-3100-431.30-90 OCTOBER MAINTENANCE 4400 12/08/2000 002287 00 010-1200-412.11-10 NOVEMBER ATTENDANCE 4500 12/08/2000 002288 00 010-1400-414.11-10 NOVEMBER ATTENDANCE 4600 12/08/2000 002289 00 010-1700-417.11-10 NOVEMBER ATTENDANCE 4700 12/08/2000 002290 00 010-3100-431.11-10 NOVEMBER ATTENDANCE 4800 12/08/2000 002291 00 010-3300-431.11-10 NOVEMBER ATTENDANCE 4900 12/08/2000 002292 00 011-7400-425.11-10 NOVEMBER ATTENDANCE 5000 12/08/2000 002293 00 021-4150-410.11-10 NOVEMBER ATTENDANCE 5100 12/08/2000 002294 00 025-7250-410.11-10 NOVEMBER ATTENDANCE 5200 12/08/2000 002295 00 050-9000-450.11-10 NOVEMBER ATTENDANCE 5300 12/08/2000 002296 00 055-4170-450.11-10 NOVEMBER ATTENDANCE 0002947 DIVERSIFIED THE STAFFING 29605 12/08/2000 0000000 00/00/0000 N 0000949 E.S. BABCOCK & SONS, INC. 124711 12/08/2000 0000000 00/00/0000 N. 0000949 E.S. BABCOCK & SONS, INC. 28724 12/08/2000 0000000 00/00/0000 N 0000199 EMPLOYMENT DEVELOPMENT DE STMT 12/08/2000 0000000 00/00/0000 N 0002946 EXCEL STEAM 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS. 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS. 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FI 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS 12/08/2000 0000000 00/00/0000 SS 1017 N STMT N 151.47 44.00.. 48.00 8,539.00 435.00. 10.00 50.00 10.00 310.00` 30 00 10.00 50.00 10.00 110.00 10.00 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CRRATED BY GROUP UPDATED BY PERIOD: 00266 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 5400 12/08/2000 002297 00 096-9700-470.11-10 NOVEMBER ATTENDANCE 5500 12/08/2000 002298 00 099-9700-470.11-10 NOVEMBER ATTENDANCE 5600 12/08/2000 002299 00 010-3100-431.33-10 ROOF CLEAN UP 5700 12/08/2000 002300 00 010-3100-431.33-50 TINT WINDOWS 5800 12/08/2000 002301 00 010-3100-431.30-90 CAR RENTAL 5900 12/08/2000 002302 00 058-3100-431.31-20 HUSD FUND 101-640-2503100 1500 12/08/2000 002258 00 SUPPLIES 6000 12/08/2000 002303 COPIER SERVICE 6100 12/08/2000 002304 COPIER SERVICE 010-3100-431.35-10 00 050-9000-450.33-30 00 055-4170-450.33-30 6200 12/08/2000 002305 00 COPIER SERVICE 7400 12/08/2000 002317 00 VEHICLE MAINTENANCE 1600 12/08/2000 002259 00 WATERLINE PROJECT 6300 12/08/2000 002306 00 SUPPLIES 10300 12/08/2000 002346 00 STREET SWEEPING 10400 12/08/2000 002347 00 STREET SWEEPING 010-2500-425.34-05 021-4150-410.33-50 052-9026-450.40-01 050-9000-450.33-30 056-4150-450.34-05 056-4150-450.34-05 12/08/2000 0000000 00/00/0000 12/08/2000 0000000 00/00/0000 0002744 FAMILY SPORT & FITNESS STMT 12/08/2000 0000000 00/00/0000 N 0002744 FAMILY SPORT & FITNESS STMT 12/08/2000 0000000 00/00/0000 N 0002875 GARDNER ROOFING STMT 12/08/2000 0000000 00/00/0000 N 0000561 HEMET AUTO GT.ASS STMT 12/08/2000 0000000 00/00/0000 N 0000947 HEMET DISCOUNT RENT A CAR STMT 12/08/2000 0000000 00/00/0000 N 0002972 HEMET UNIFIED SCHOOL DIST REQUEST 12/08/2000 0000000 00/00/0000 N 0001590 HORIZON WATER STMT 12/08/2000 0000000 00/00/0000 N 0000605 I.B.M. CORP. N020375 12/08/2000 0000000 00/00/0000 N 0000605 I.B.M. CORP. N020375 12/08/2000 0000000 00/00/0000 N 0000605 I.B.M. CORP. N020375 12/08/2000 0000000 00/00/0000 N 0000611 INLAND CHEVROLET 163352 12/08/2000 0000000 00/00/0000 N 0000616 INLAND FOUNDATION ENG. IN 3222 12/08/2000 0000000 00/00/0000 0000619 INLAND WATER WORKS 12/08/2000 0000000 00/00/0000 N SUPPLY 94698 N 0002661 INTERSTATE SWEEPING LTD. 1998 N 0002661 INTERSTATE SWEEPING LTD 2001 N 10.00 10.00 225.00 357.00 rr 98.85 300.00 42.40 58.96 47.17 137.63 31.28' 1,782.00 5.71 181.18 3,142.00 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00266 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City or San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME DUE DATE CHECK# CHECK DATE INVOICE NUMBER PE TART TRANS AMOUNT DISC/RETAINAGE 6400 12/08/2000 002307 00 065-0000-201.06-01 WEED ABATEMENT 6500 12/08/2000 002308 00 010-1700-417.30-90 PLANNING COMMISSIONER 6600 12/08/2000 002309 00 010-1700-417.30-90 PLANNING COMMISSIONER 6700 12/08/2000 002310 00 010-2500-425.30-90 SUPPLIES 6800 12/08/2000 002311 00 096-9700-470.36-25 SUPPLIES 7000 12/08/2000 002313 00 010-3100-431.33-10 PHONE MAINTENANCE 10600 12/08/2000 002349 00 091-9700-470.40-01 LAKE PARK BRIDGE 7100 12/08/2000 002314 00 010-3100-431.33-50 VEHICLE MAINTENANCE 7200 12/06/2000 002315 00 010-3100-431.33-50 VEHICLE MAINTENANCE 100 12/08/2000 002244 UNIFORM SUPPLIES 200 12/08/2000 002245 UNIFORM SUPPLIES 300 12/06/2000 002246 UNIFORM SUPPLIES 400 12/08/2000 002247 UNIFORM SUPPLIES 00 010-7400-425.34-05 00 025-7100-410.21-35 00 050-9000-450.21-35 00 021-4150-410.21-35 7300 12/08/2000 002316 00 021-4150-410.21-35 UNIFORM SUPPLIES 7500 12/08/2000 002318 00 065-0000-201.06-01 335 E. THRID STREET 0000646 KARL E. BUCHWITZ, DBA STMT 12/08/2000 0000000 00/00/0000 0002797 KATHY MEADOWS 12/08/2000 0000000 00/00/0000 0002973 KENNETH COPE 12/06/2000 0000000 00/00/0000 0002626 KINKOS 12/08/2000 0000000 00/00/0000 0002626 KINKOS 12/08/2000 0000000 00/00/0000 0001042 L.B..WALBORN 12/08/2000 0000000. 00/00/0000 0002922 MCM CONSTRUCTION, INC. PP NO 5 12/06/2000 0000000 00/00/0000 N ... N REQUEST N REQUEST N 170500010344 N 170500010858 N 6600 N 0002975 MIKE MC COMAS. AUTO BODY R STMT. 12/08/2000 0000000 00/00/0000 N 0002975 MIKE MC COMAS AUTO BODY R STMT 12/08/2000 0000000 00/00/0000 N 0000732 MISSION UNIFORM SERVICES, STMT. 12/08/2000 0000000 00/00/0000 N 0000732 MISSION UNIFORM SERVICES 12/08/2000 0000000 00/00/0000 STMT N, 0000732 MISSION. UNIFORM SERVICES, STMT 12/08/2000 0000000 00/00/0000 N 0000732 MISSION UNIFORM SERVICES, STMT 12/08/2000 0000000 00/00/0000 N 0000732 MISSION UNIFORM SERVICES, STMT 12/08/2000 0000000 00/00/0000 N 0000770 O.K. ASSOC. INC. 12/08/2000 0000000 00/00/0000: 1830 N 1,583.75 100.00 100.00 129.30 363.59 206.50 274,947.55 1,469.77 925.00 31.05 30.84 293 73 106.40 32.10 319.18 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00266 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 7600 12/08/2000 002319 350 STATE 10200 12/08/2000 002345 STREET SWEEPING 7700 12/08/2000 002320 METER MAINTENANCE 7800 12/08/2000 002321 ACCT #103537 7900 12/08/2000 002322 ACCT #103537 8000 12/08/2000 002323 ACCT #103537 8100 12/08/2000 002324 ACCT #103537 1300 12/08/2000 002256 SUPPLIES 10100 12/08/2000 002344 SUPPLIES 8200 12/08/2000 002325 DRY CLEANING 8300 12/08/2000 002326 SUPPLIES 8400 12/08/2000 002327 SUPPLIES 8500 12/08/2000 002328 SUPPLIES 8600 12/08/2000 002329 SUPPLIES 8700 12/08/2000 002330 SUPPLIES 00 065-0000-201.06-01 00 056-4150-450.34-05 00 010-2500-425.34-05 00 010-1700-417.36-25 00 010-1700-417.36-25 00 010-1700-417.36-25 00 010-1700-417.36-25 00 055-4170-450.33-50 00 021-4150-410.33-30 00 010-3100-431.30-90 00 010-1700-417.21-10 00 010-1200-412.21-10 00 010-1400-414.21-10 00 010-4100-410.21-10 00 010-1200-412.21-10 0000770 O.K. ASSOC. INC. 12/08/2000 0000000 00/00/0000 0000770 O.K. ASSOC. INC. 12/08/2000 0000000 00/00/0000 0000810 PITNEY BOWES 12/08/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/08/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/08/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/08/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/08/2000 0000000 00/00/0000 0000597 QUALITY AUTO PARTS 12/08/2000 0000000 00/00/0000 0000597 QUALITY AUTO PARTS 12/08/2000 0000000 00/00/0000 0000947 QUICK & CLEAN 12/08/2000 0000000 00/00/0000 0002405 RELIABLE 12/08/2000 0000000 00/00/0000 0002405 RELIABLE 12/08/2000 0000000 00/00/0000 0002405 RELIABLE 12/08/2000 0000000 00/00/0000 0002405 RELIABLE 12/08/2000 0000000 00/00/0000 0002405 RELIABLE 12/08/2000 0000000 00/00/0000 11828 N 11814 N 755967 N 1089373 N 1083607 N 1081448 1077846 N D392454 D386083 N 16494 N TNN46501 N TNN46501 N TNN46501 N TNN46501 N TNN46500 504.86 1,595.96 513.00 72.96 113.28 72 96 94.08 3.88 30.17 11.99 23.48 12 98 10.05 25.32 110.35 PREPARED 12/01/2000, 12:06:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00266 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE INVOICE NUMBER PE LAST TRANS AMOUNT DISC/RETAINAGE 8800 12/08/2000 002331 00 010-2500-425.21-10 SUPPLIES 8900 12/08/2000 002332 00 010-1400-414.21-10 SUPPLIES 9000 12/08/2000 002333 00 010-3300-431.21-10 SUPPLIES 9100 12/08/2000 002334 00 010-3100-431.33-10 SERVICES RENDERED 9200 12/08/2000 002335 00 010-1700-417.30-90 PLANNING COMMISSIONERS 9400 12/08/2000 002337 00 099-9700-470.31-20 MEMBERSHIP APPLICATION 9300 12/08/2000 002336 00 010-3100-431.21-80 SUPPLIES 9900 12/06/2000 002342 00 010-3100-431.40-45 TRAK & TRAK RSO SYSTEM 9500 12/06/2000 002338 00 010-1700-417.30-90 PLANNING COMMISSIONER 9600 12/06/2000 002339 00 010-1210-412.30-90 PRE -EMPLOYMENT PHYSIC'AT 9700 12/06/2000 002340 00 010-1210-412.30-90 PRE -EMPLOYMENT PHYSICAT, 9800 12/08/2000 002341 00 010-1210-412.30-90 PRE -EMPLOYMENT PHYSICAL 2300 12/08/2000 002266 00 010-1210-412.30-90 PSYCH TESTING 2500 12/08/2000 002268 00 010-1210-412.30-90 PSYCH TESTING 500 12/08/2000 002248 00 022-4160-410.40-01 WATERLINE PROJECT 0002405 RELIABLE 12/08/2000 0000000 oo/o0/0000 0002405 RELIABLE 12/08/2000 0000000 00/00/0000 0002405 RELIABLE 12/08/2000 0000000 00/00/0000 0002633 RETIRED PLUMBER & SON 12/08/2000 0000000 00/00/0000 0002974 RICHARD HIXSON 12/08/2000 0000000 00/00/0000 0002845 S.C.A.C.E.O. 12/08/2000 0000000 00/00/0000 0000456 SIRCHIE LABS 12/08/2000 0000000 00/00/0000 0002976 SOCIALTECH INC. 12/08/2000 0000000 00/00/0000 0002781 STEVE WARNEKE 12/08/2000 0000000 00/00/0000 0002898 SUBBARAYAN KRISHNAN, 12/08/2000 0000000 00/00/0000 0002898 SUBBARAYAN KRISHNAN 12/08/2000 0000000 00/00/0000 0002898 SUBBARAYAN KRISHNAN, 12/08/2000 0000000 00/00/0000 0000249 THE COUNSELING TEAM 12/08/2000 0000000 00/00/0000 0000249 THE COUNSELING TEAM 12/08/2000 0000000. 00/00/0000 TNN46500 N TNN46500 N TNN46500 N 8453 N REQUESET N STMT N 0230209 N 02000-1 N REQUEST N D. HERPA000 N M.D 0002754 TRAUTWEIN CONSTRUCTION 12/08/2000 0000000 oo/oo/0000 DESJU000 N .D. HELST000 N S N STMT N, 20.24 9.96 9.27 115.00 100.00 40.00` 406,40 10,188.75 100.00 265.00 400.00 115,00 175.00 175.00 155,197.60 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE 17 REPORT NUMBER 23 GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00266 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DESCRIPTION 1 DESCRIPTION 2 INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE 10700 12/08/2000 002350 WATERLINE PROJECT 10500 12/08/2000 002348 SUPPLIES 10000 12/08/2000 002343 SUPPLIES COUNT: AMOUNT: 00 052-9012-450.40-01 00 021-4150-410.33-30 00 010-3100-431.21-15 GROUP TOTALS 108 668,437.9B 0002754 TRAUTWEIN CONSTRUCTION 3 11/30/2000 0000000 00/00/0000 0000540 W.W. GRAINGER, INC. 12/08/2000 0000000 00/00/0000 0000324 WEST GROUP 12/08/2000 0000000 00/00/0000 N 441-513307-5 N 51622718 194,633.40 98.69 51.72 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00267 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS 200 12/08/2000 002353 00 010-7400-425.33-10 SUPPLIES 4200 12/08/2000 002393 00 096-9700-470.30-90 AERIAL PHOTOGRAPHY 4300 12/08/2000 002394 00 065-0000-229.08-67 REIMBURSE WATER DEPOSIT 1200 12/08/2000 002363 00 010-1110-411.21-10 SUPPLIES 1300 12/08/2000 002364 00 010-1110-411.21-10 SUPPLIES 1400 12/08/2000 002365 00 010-2500-425.21-10 SUPPLIES 1500 12/08/2000 002366 00 065-0000-201.08-63 SUPPLIES 4400 12/08/2000 002395 00 010-1700-417.30-90 SUPPLIES 3900 12/08/2000 002390 00 025-7252-410.35-16 PHONE SERVICE 4000 12/08/2000 002391 00 025-7252-410.35-16 PHONE SERVICE 4100 12/08/2000 002392 00 025-7252-410.35-16 PHONE SERVICE 4500 12/08/2000 002396 00 025-7252-410.33-30 SUPPLIES 3400 12/08/2000 002385 00 050-9000-450.33-30 SUPPLIES 4600 12/08/2000 002397 00 025-7260-410.21-30 SUPPLIES 4700 12/08/2000 002398 00 021-4150-410.33-30 SUPPLIES AMOUNT DISC/RETAINAGE 0000946 A-1 LOCK & KEY SERVICE 12/08/2000 0000000 00/00/0000 0002172 AIR VIEWS 12/08/2000 0000000 00/00/0000 0000947 ALICIA MARQUEZ 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0000952 ARROW PRINTING 12/08/2000 0000000 00/00/0000 0000991 AT & T 12/08/2000 0000000. 00/00/0000 0000991 AT & T 12/08/2000 000000o oo/oo/0000 0000991 AT & T 12/08/2000 0000000 00/00/0000 0000985 B & W PIPE & SUPPLY 12/08/2000 0000000 00/00/0000 26486 N 9342 N REQUEST N 1822 1822 N 1822 N 1824 N 1810 S N N STMT N S N 43054 N- 000297E BARTON INSTRUMENT SYSTEMS 157516 12/06/2000 0000000 00/00/0000 N 0000242 C.E.D. 12/08/2000 0000000 00/00/0000 0000242 C.E.D. 12/08/2000 0000000 00/00/0000 2983-400375 N 2983 -400322 N 314.12 668.05 12.56 171.88 171.88 348.00 1,885.63 586.16 11.38 11.38' 11.38 101.02 91.75' 407.12' 3.62 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00267 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE, 2900 12/08/2000 002380 00 022-4162-410.40-01 YOUNG/FIRST IMPROVEMENT 2400 12/08/2000 002375 00 096-9700-470.30-90 CONSULTING SERVICES 3200 12/08/2000 002383 00 096-9700-470.30-90 SAN JACINTO GENERAL PLAN 800 12/08/2000 002359 00 010-1110-411.21-10 CUSTOM PLAQUES 3800 12/08/2000 002389 00 025-7250-410.33-30 BACKFLOW TESTING 4800 12/08/2000 002399 00 010-2500-425.21-10 SUPPLIES 400 12/08/2000 002355 00 091-9700-470.40-01 MAIN STREET BRIDGE 4900 12/08/2000 002400 00 025-7250-410.35-10 UTILITY WATER BILLING 5000 12/08/2000 002401 00 025-7250-410.35-10 UTILITY WATER BILLING 5100 12/08/2000 002402 00 025-7250-410.35-10 UTILITY WATER BILLING 5200 12/08/2000 002403 00 025-7250-410.35-10 UTILITY WATER BILLING 5300 12/08/2000 002404 00 025-7250-410.35-10 UTILITY WATER BILLING 5400 12/08/2000 002405 00 025-7250-410.35-10 UTILITY WATER BILLING 5500 12/08/2000 002406 00 025-7250-410.35-10 UTILITY WATER BILLING 5600 12/08/2000 002407 00 025-7100-410.35-10 UTILITY WATER BILLING 0002859 CALDWELL LAND SURVEYS STMT 12/08/2000 0000000 00/00/0000 0002900 OBIS 12/08/2000 0000000 00/00/0000 0000250 COTTON/BELAND/ASSOC. 12/08/2000 0000000 00/00/0000 0002941 DARMAR AWARDS 12/08/2000 0000000 00/00/0000 0002862 DB BACKFLOW SERVICE 12/08/2000 0000000 00/00/0000 0002965 DISPLAY SALES 12/08/2000 0000000 00/00/0000 0002657 DOKKEN ENGINEERING 12/08/2000 0000000 00/00/0000 N STMT N 6570 N 1485 N 111800 N 6960 N 9195 N 0000460 EASTERN MUNI.WATER DIST. STMT 12/08/2000 0000000 00/00/0000 N 0000460 EASTERN MUNI.WATER 01ST. STMT 12/08/2000 0000000 00/00/0000 0000460 EASTERN MUNI.WATER DIST. 12/08/2000 0000000 00/00/0000 0000460 EASTERN MUNI.WATER DIST. 12/08/2000 0000000 00/00/0000 0000460 EASTERN MUNI.WATER 01ST. 12/08/2000 0000000 00/00/0000 0000460 EASTERN MUNI.WATER DIST. 12/08/2000 0000000 00/00/0000 0000460 EASTERN MUNI.WATER DIST. 12/08/2000 0000000 00/00/0000 0000460 EASTERN MUNI.WATER DIST. 12/08/2000 0000000 00/00/0000 N STMT N S N STMT N S N STMT N STMT N 760.00 2,500 00 9,450.75 32.00 253.84 2,900.00 15,341.20. 250.12 13.67 11.09 8.71 140.10 10.29 48.49 69.62 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00267 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYP INVOICE NUMBER LAST TRANS AMOUNT DISC/RETAINAGE 3300 12/08/2000 REPAIR 002384 5700 12/08/2000 002406 VEHICLE MAINTENANCE 5800 12/08/2000 EQUIPMENT RENTAL 900 12/08/2000 POSTAGE 1000 12/08/2000 POSTAGE 5900 12/08/2000 REIMBURSEMENT 6000 12/08/2000 SUPPLIES 3600 12/08/2000 SUPPLIES 3700 12/08/2000 SUPPLIES 6100 12/08/2000 SUPPLIES 3000 12/08/2000 SUPPLIES 2200 12/08/2000 SUPPLIES 6200 12/08/2000 SUPPLIES 002409 002360 002361 002410 002411 002387 002368 002412 002361 002373 002413 6300 12/08/2000 002414 REIMBURSE WATER DEPOSIT 6400 12/08/2000 002415 REIMBURSE WATER DEPOSIT 00 010-2500-425.21-10 00 021-4150-410.33-50 00 025-7250-410.33-30 00 010-1210-412.21-10 00 065-0000-201,08-63 00 010-1110-411.21-10 00 091-9700-470.31-20 00 055-4170-450.33-30 00 055-4170-450.33-30 00 025-7250-410.33-30 00 055-4170-450.33-30 00 010-2500-425.34-05 00 010-2500-425.34-05 00 065-0000-229.08-67 00 065-0000-229.08-67 12/08/2000 0000000 00/00/0000 12/08/2000 000000o 00/00/0000 12/08/200o 0000000 00/00/0000 12/08/2000 0000000 00/00/0000 0002977 EMPIRE OFFICE MACHINES 12/08/2000 0000000 00/00/0000 0000483 EVANS TIRE CO. 12/08/2000 0000000 00/00/0000 50680 N 14232 N 0002018 EXCEL RENTAL CENTER, INC.SS800210 12/08/2000 0000000 00/00/0000 N 12/08/2000 0000000 00/00/0000 12/08/200o 0000000 00/00/0000 0000484 FEDERAL EXPRESS 562692618 N 0000484 FEDERAL EXPRESS 562692618 N 0000947 GRACE ALVAREZ REQUEST N 0002979 HARRINGTON DECORATING COM20194 N 0002090 HEMET BUILDING & GARDEN C 2023 N 0002090 HEMET BUILDING & GARDEN C 2022 N 0002090 HEMET BUILDING & GARDEN 12/08/2000 0000000 00/00/0000 0000582 HEMET VALLEY PIPE & 12/08/2000 0000000 00/00/0000 0001590 HORIZON WATER 12/08/2000 0000000 00/00/0000 0001590 HORIZON WATER 12/08/2000 0000000 00/00/0000 0000947 JOHN LUGIDICE 12/08/2000 0000000 00/00/0000 0000947 JOSE RAMIREZ 12/08/2000 0000000 00/00/0000 C 2013 N SUPPL 61440 N, STMT N STMT REQUEST N REQUEST N 120.76 221.39 =- .68 13.26 19.90 61.41 1,611.10 11.31 24.24 10.70 37.93 21.10 26.10 5.47 24.32 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00267 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE;I.. 2600 12/08/2000 002377 REIMBURSE WATER DEPOSIT 1800 12/08/2000 002369 INSPECTION SRV 11/6-11/24 300 12/08/2000 002354 REIMBURSE WATER DEPOSIT 2100 12/08/2000 002372 REIMBURSE CREDIT CARD 2300 12/08/2000 SUPPLIES 2500 12/08/2000 BALANCE DUE 3100 12/08/2000 SUPPLIES 2800 12/08/2000 PROPOSITION 12 & 13 6500 12/08/2000 SUPPLIES 6600 12/08/2000 SUPPLIES 6700 12/08/2000 SUPPLIES 600 12/08/2000 ACCT #1o3537 700 12/08/2000 ACCT #103537 6800 12/08/2000 INSPECTION FEES 500 12/08/2000 GRAND AVENUE TANK 002374 002376 002382 002379 002416 002417 002418 002357 002358 002419 002356 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 065-0000-229.08-67 010-3300-431 065-0000-229 010-2500-425 050-9000-450 .30-90 .08-67 .21-10 .33-30 052-9026-450.40-01 052-9025-450 010-1200-412 025-7100-410 025-7100-410 025-7100-410 010-1110-411 010-1110-411 065-0000-201 050-9000-450 .40-01 .21-10 .21-35 .21-35 .21-35 .36-25 .36-25 .20-82 .40-01 0000947 KIMBERLY GUINN 12/08/2000 0000000 00/00/0000 REQUEST N 0002800 LANCASTER INSPECTION SERV 00-21 12/08/2000 0000000 00/00/0000 N 0000947 LOIS RUTH WINSLOW 12/08/2000 0000000 00/00/0000 REQUEST N 0002688 MBNA AMERICA BUSINESS CAR STMT 12/08/2000 0000000 00/00/0000 N 0000698 MC CROMETER INC. 12/08/2000 0000000 00/00/0000 0000698 MC CROMETER INC. 12/08/2000 0000000 00/00/0000 0000698 MC CROMETER INC. 12/oa/2000 0000000 00/00/0000 0000947 PCL FOUNDATION 12/08/2000 0000000- 00/00/0000 0001001 PIERCE PLUMBING 12/08/2000 0000000 00/00/0000. 0001001 PIERCE PLUMBING 12/oa/2000 0000000 00/00/0000 0001001 PIERCE PLUMBING 12/oa/2000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/o8/z000 0000000 00/00/0000 0002606 PRESS ENTERPRISE 12/08/2000 0000000 00/00/0000 0002169 RIVERSIDE COUNTY 12/o8/2000 0000000 00/00/0000 0002877 ROBISON-PREZIOSO, 12/08/2000 0000000 00/00/0000 212471 N 55473 N 213044 N REQUEST N 28232 N 28264 N 28312 N 1074741 N 1083608 N IRE DEP REQUEST N NC. REQUEST N 3.55 2,070.90 42.00 69.97 304.29 64.00 189.00 20.00 25.55 26.70 22.46 320.64 140.16 1,937.28 18,348.93 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00267 ACCOUNTS PAYABLES 05/2001 MIMIR MIMIR MIMIR TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 1900 12/08/2000 002370 00 010-7400-425.34-05 NOVEMBER CLEANING 2000 12/08/2000 002371 00 010-2500-425.34-05 NOVEMBER CLEANING 6900 12/08/2000 002420 00 010-7400-425.34-05 SEPT/OCT CLEANING 7000 12/08/2000 002421 00 010-2500-425.34-05 SEPT/OCT CLEANING 100 12/08/2000 002352 00 010-3100-431.40-45 INSTALL HEAT/AIR UNIT 1600 12/08/2000 002367 00 010-7400-425.34-05 SERVICES RENDERED 2700 12/08/2000 002378 00 065-0000-229.08-67 REIMBURSE WATER DEPOSIT 3500 12/08/2000 002386 00 055-4170-450.33-30 SUPPLIES 1100 12/08/2000 002362 00 010-1110-411.21-10 SUPPLIES 1700 12/08/2000 002368 00 010-7400-425.34-05 COPIER SERVICE 7100 12/08/2000 002422 00 055-4170-450.21-10 COPIER SERVICE COUNT: AMOUNT: GROUP TOTALS 71 69,516.98 12/08/2000 0000000 00/00/0000 0002798 VULCAN MATERTAT.4 12/08/2000 0000000 00/00/0000 0000324 WEST GROUP 12/08/2000 0000000 00/00/0000 0000307 XEROX 12/08/2000 0000000 0000307 XEROX 12/08/2000 0000000 City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS 0002406 STRATTONS JANITORIAL SERV 4743 12/08/2000 0000000 00/00/0000 N 0002406 STRATTONS JANITORIAL SERV 4744 12/08/2000 0000000 00/00/0000 N.:. 0002406 STRATTONS JANITORIAL SERV4737 12/08/2000 0000000 00/00/0000 N 0002406 STRATTONS JANITORIAL SERV 4738 12/08/2000 0000000 00/00/0000 N. 0002393 SUNRISE AIR CONDITIONING 10647 12/08/2000 0000000 00/00/0000 N. 0000408 TAC EXTERMINATORS OF HMT. 52134 12/08/2000 0000000 00/00/0000 N.. 0000947 TRAUTWEIN.CONSTRUCTION REQUEST:. N COMP CORPORATION 00/00/0000 CORPORATION 00/00/0000 729444 N 078272304 078272307 N, 590.00. 475.00 1,180.00 950.00 3,266.40 105.00 9.61' 165.93 51.72 105.70 216.71 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED RY GROUP UPDATED BY 00271 PREPAIDS 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS 3700 11/21/2000 002459 00 CATERING SERVICE 3800 11/21/2000 002460 00 REIMBURSEMENT 100 11/09/2000 002423 00 EMPLOYEE COMPUTER PURCHAS 1800 11/20/2000 002440 00 EMPLOYEE COMPUTER PURCHAS 065-0000-201.08-63 010-1100-411.31-20 074-0000-103.12-25 074-0000-103.12-25 6900 11/29/2000 002491 00 010-3100-431.31-20 SUBSISTENCE FOR SEMINAR B. VIG ATTENDING 7100 11/29/2000 002493 00 058-3100-431.40-45 SUBSISTENCE FOR SEMINAR B. VIG ATTENDING 2100 11/21/2000 002443 00 099-9700-470.31-20 SEMINAR C.CUMMINGS 800 11/16/2000 002430 00 010-3300-431.31-20 STORM WATER TRAINING 7400 12/01/2000 002496 00 065-0000-201.08-63 CHANGE FOR BRIDGE DINNER 900 11/17/2000 002431 00 010-1100-411.21-10 REIMBURSE PETTY CASH 1000 11/17/2000 002432 00 096-9700-470.31-20 REIMBURSE PETTY CASH 1100 11/17/2000 002433 00 010-7400-425.21-10 REIMBURSE PETTY CASH 1200 11/17/2000 002434 00 010-1200-412.31-20 REIMBURSE PETTY CASH 1300 11/17/2000 002435 00 010-2500-425.21-10 REIMBURSE PETTY CASH 1400 11/17/2000 002436 00 050-9000-450.21-70 REIMBURSE PETTY CASH 0002858 AMERICAN CLASSIC CATERING REQUEST 00/00/0000 0055756 11/22/2000 0002970 BERNARD SIMON 00/00/0000 0055757 11/22/2000 0002278 BEST BUY #110 00/00/0000 0055743 11/09/2000 0002278 BEST BUY #110 00/00/0000 0055752 11/20/2000 0000998 BRYAN VIG 00/00/0000 0055767 11/29/2000 0000998 BRYAN VIG 00/00/0000 0055769 11/29/2000 0000947 CCEC 00/00/0000 0055754 11/21/2000 0000947 CITY 00/00/0000 0055750 0000235 CITY 00/00/0000 0055772 0001034 CITY 00/00/0000 0055751 0001034 CITY 00/00/0000 0055751 0001034 CITY 00/00/0000 0055751 0001034 CITY 00/00/0000 0055751 0001034 CITY 00/00/0000 0055751 0001034 CITY 00/00/0000 0055751 OF CORONA 11/16/2000 OF SAN JACINTO 12/01/2000 N REQUEST N REQUEST, N REQUEST N REQUEST N REQUEST N REQUEST N REQUEST N REQUEST N OF SAN JACINTO PETTY REQUEST 11/17/2000 N OF SAN JACINTO PETTY REQUEST 11/17/2000 - N OF SAN JACINTO 11/17/2000 OF SAN JACINTO 11/17/2000 OF SAN JACINTO 11/17/2000 OF SAN JACINTO 11/17/2000 PETTY REQUEST N PETTY REQUEST N PETTY REQUEST N PETTY REQUEST N DISC/RETAINAGE 1,276.83 624.92 2,805.96 2,504.27 238.00 900.00 65.00 100.00 250.00 41.57 26.97 5.88 30.05 13.47 1.50 SUBSISTENCE FOR SEMINAR PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00271 PREPAIDS 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE REPORT NUMBER 24 23 TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS. AMOUNT DISC/RETAINAGE -' 1500 11/17/2000 002437 00 050-9000-450.21-10 REIMBURSE PETTY CASH 1600 11/17/2000 002438 00 010-1400-414.21-10 REIMBURSE PETTY CASH 1700 11/17/2000 002439 00 010-2500-425.21-10 REIMBURSE PETTY CASH 4000 11/27/2000 002462 00 065-0000-201.08-63 MUSIC FOR BRIDGE DINNER 6600 11/29/2000 002490 00 058-3100-431.40-45 D.ODOWD ATTENDING 500 11/14/2000 002427 00 SEWER COLLECT. 10/1-10/31 4100 11/27/2000 002463 00 BRIDGE OPENING MATERIALS 300 11/14/2000 002425 00 DEFERRED COMP CONTRIBUTIO 4300 11/28/2000 002465 00 DEFERRED COMPENSATION 7000 11/29/2000 002492 TUITION FOR SEMINAR 700 11/16/2000 002429 URBAN WATER CONFERENCE 7200 11/29/2000 002494 SUBSISTENCE FOR SEMINAR 200 11/14/2000 002424 DEFERRED COMP CONTRIBUTIO 4200 11/28/2000 002464 00 085-0000-202.21-29 DEFERRED COMPENSATION 600 11/14/2000 002428 00 059-8052-450.34-05 REFUSE/RECYCLING COLLECT 059-8052-450.34-05 065-0000-201.08-63 085-0000-202.21-29 085-0000-202.21-29 00 010-3100-431.31-20 B. VIG & J.ROYSTER ATTEND 00 010-1100-411.31-20 00 010-3100-431.31-20 J. ROYSTER ATTENDING 00 085-0000-202.21-29 00/00/0000 0055747 11/14/2000 0002980 GOLDEN ERA PRODUCTION 00/00/0000 0055760 11/27/2000 0000607 ICMA RETIREMENT TRUST 00/00/0000 0055745 11/14/2000 0000607 ICMA RETIREMENT TRUST 00/00/0000 0055762 11/28/2000 0001034 CITY OF SAN JACINTO PETTY REQUEST 00/00/0000 0055751 11/17/2000 N 0001034 CITY OF SAN JACINTO PETTY REQUEST 00/00/0000 0055751 11/17/2000 N 0001034 CITY OF SAN JACINTO PETTY REQUEST 00/00/0000 0055751 11/17/2000 0000947 DAN DAMEN 00/00/0000 0055759 11/27/2000 0002424 DAVID O'DOWD 00/00/0000 0055766 11/29/2000 N REQUEST N REQUEST N 0000460 EASTERN MUNI.WATER DIST. REQUEST N REQUEST N REQUEST N REQUEST N 0000947 INTERNATIONAL ASSOCIATION REQUEST 00/00/0000 0055768 11/29/2000 N 0002662 JAMES CONNER 00/00/0000 0055749 11/16/2000 0001514 JENNIFER ROYSTER 00/00/0000 0055770 11/29/2000 0000691 LINCOLN NATIONAL 00/00/0000 0055744 11/14/2000 0000691 LINCOLN NATIONAL 00/00/0000 0055761 11/28/2000 0000770 O.K. ASSOC. INC.. 00/00/0000 0055748 11/14/2000 REQUEST N REQUEST N REQUEST N REQUEST N REQUEST N 61.60 6.00 .07- 150.00 900.00 5,534.68 569.28 742.31 742.31 510.00 520.55 238.00 3,377.93 3,377.93 :168, 488.64 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00271 PREPAIDS 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE.':`: 400 11/14/2000 002426 00 085-0000-202.21-28 PERS RETIREMENT CONTRIB. 4400 11/29/2000 002466 00 085-0000-202.21-28 PERS RETIREMENT CONTRIB. 3900 11/22/2000 002461 0 DONATION 2200 11/21/2000 002444 UTILITY ELECTRIC BILLING 2300 11/21/2000 002445 UTILITY ELECTRIC BILLING 2400 11/21/2000 002446 UTILITY ELECTRIC BILLING 2500 11/21/2000 002447 UTILITY ELECTRIC BILLING 0 010-1100-411.21-10 00 025-7260-410.35-14 00 025-7250-410.35-14 00 021-4150-410.35-14 00 050-9000-450.35-14 2600 11/21/2000 002448 00 UTILITY ELECTRIC BILLING 2700 11/21/2000 002449 00 UTILITY ELECTRIC BILLING 2800 11/21/2000 002450 00 UTILITY ELECTRIC BILLING 2900 11/21/2000 002451 00 UTILITY ELECTRIC BILLING 3000 11/21/2000 002452 00 UTILITY ELECTRIC BILLING 3100 11/21/2000 002453 00 UTILITY ELECTRIC BILLING 3200 11/21/2000 002454 00 UTILITY ELECTRIC BILLING 3300 11/21/2000 002455 00 UTILITY ELECTRIC BILLING 025-7250-410.35-14 025-7252-410.35-14 010-6100-425.35-14 050-9000-450.35-14 025-7100-410.35-14 010-7400-425.35-14 025-7251-410.35-14 010-3100-431.35-14 0000830 PERS 00/00/0000 0055746 11/14/2000 0000830 PERS 00/00/0000 0055763 11/29/2000 REQUEST N REQUEST N 0000947 SENIOR DAY CARE CENTER OF REQUEST 00/00/0000 0055758 11/22/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. C'AT.IFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. rAT,IFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. CALIFORNIA EDISON CO. 00/00/0000 0055755 11/21/2000 0000447 SO. CALIFORNIA EDISON CO. 00/00/0000 0055755 11/21/2000 0000447 SO. CALIFORNIA EDISON CO 00/00/0000 0055755 11/21/2000 STMT N S N STMT N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. CALIFORNIA EDISON CO 00/00/0000 0055755 11/21/2000 STMT" N 0000447 SO. CALIFORNIA EDISON CO. ST 00/00/0000 0055755 11/21/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 6,026.43 6,225.90 50.00 20,442.08 1,039.29 379.89 14,008.44' 1,319.64. 2,024 42 123.06 65.05 3,011.12 2,358.95 26.79' 2, 859.46.: PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING PERIOD: GROUP USER ID GROUP CREATED BY GROUP UPDATED BY 00271 PREPAIDS 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME DUE DATE CHECK# CHECK DATE TYPE LAST TRANS INVOICE NUMBER AMOUNT ➢ISC/RETAINAGE.' 3400 11/21/2000 002456 00 010-2500-425.35-14 UTILITY ELECTRIC BILLING 3500 11/21/2000 002457 00 050-9000-450.35-14 UTILITY ELECTRIC BILLING 3600 11/21/2000 002459 00 050-9000-450.35-14 UTILITY ELECTRIC BILLING 7300 11/29/2000 002495 00 065-0000-201.08-63 LAKE PARK BRIDGE DINNER 4500 11/29/2000 002467 00 096-9700-470.31-20 TRAVEL ADVANCE 1900 11/20/2000 002441 ANNUAL DEBT 700015639 2000 11/20/2000 002442 ANNUAL DEBT 700015639 4600 11/29/2000 002468 UTILITY PHONE BILLING 4700 11/29/2000 002469 UTILITY PHONE BILLING 4800 11/29/2000 002470 00 025-7252-410.35-16 UTILITY PHONE BILLING 00 097-9700-470.60-10 00 097-9700-470.60-15 00 010-2500-425.35-16 00 010-3100-431.35-16 4900 11/29/2000 002471 00 050-9000-450.35-16 UTILITY PHONE BILLING 5000 11/29/2000 002472 00 010-2500-425.35-16 UTILITY PHONE BILLING 5100 11/29/2000 002473 00 010-3100-431.35-16 UTILITY PHONE BILLING 5200 11/29/2000 002474 00 010-7400-425.35-16 UTILITY PHONE BILLING 5300 11/29/2000 002475 00 025-7252-410.35-16 UTILITY PHONE BILLING 0000447 50. CALIFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. CALIFORNIA EDISON CO. STMT 00/00/0000 0055755 11/21/2000 N 0000447 SO. CALIFORNIA EDISON CO 00/00/0000 0055755 11/21/2000 STMT N 0002981 SOBOBA SPRINGS ROYAL VIST REQUEST 00/00/0000 0055771 12/01/2000 N. 0001404 TIMOTHY HULTS 00/00/0000 0055764 11/29/2000 0000372 UNION BANK 00/00/0000 0055753 11/21/2000 0000372 UNION BANK 00/00/0000 0055753 11/21/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA. 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA: 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 REQUEST N REQUEST N REQUEST N STMT N S N S N STMT N STMT N STMT N STMT N S N 2,316.67 4,662.26 30,664.65 4,605.46 270.00 75,000.00 105,423.12 300.39 366.65 255.53 189.20 327.36 315.30 137.85 198.25 PREPARED 12/01/2000, 12:08:22 PROGRAM: GM313U GROUP NUMBER ACCOUNTING GROUP USER ID GROUP CREATED BY GROUP UPDATED BY PERIOD: 00271 PREPAIDS 05/2001 MIMIR MIMIR MIMIR City of San Jacinto ACCOUNTS PAYABLE UPDATE LIST PAGE < 27 REPORT NUMBER 23 TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER DESCRIPTION 1 DESCRIPTION 2 PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DUE DATE CHECK# CHECK DATE TYPE LAST TRANS AMOUNT DISC/RETAINAGE' 5400 11/29/2000 002476 00 021-4150-410.35-16 UTILITY PHONE BILLING 5500 11/29/2000 002477 00 055-4170-450.35-16 UTILITY PHONE BILLING 5600 11/29/2000 002478 00 010-2500-425.35-16 UTILITY PHONE BILLING 5700 11/29/2000 002479 00 010-3100-431.35-16 UTILITY PHONE BILLING 5800 11/29/2000 002480 00 050-9000-450.35-16 UTILITY PHONE BILLING 5900 11/29/2000 002481 00 010-2500-425.35-16 UTILITY PHONE BILLING 6000 11/29/2000 002482 00 010-3100-431.35-16 UTILITY PHONE BILLING 6100 11/29/2000 002483 00 010-7400-425.35-16 UTILITY PHONE BILLING 6200 11/29/2000 002484 00 025-7252-410.35-16 UTILITY PHONE BILLING 6300 11/29/2000 002485 00 021-4150-410.35-16 UTILITY PHONE BILLING 6400 11/29/2000 002486 00 055-4170-450.35-16 UTILITY PHONE BILLING 6500 11/29/2000 002487 00 010-2500-425.35-16 UTILITY PHONE BILLING 6600 11/29/2000 002488 00 010-3100-431.35-16 UTILITY PHONE BILLING 6700 11/29/2000 002489 00 050-9000-450.35-16 UTILITY PHONE BILLING COUNT: AMOUNT: GROUP TOTALS 74 483,542.07 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CATIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON cATIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CATIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA. 00/00/0000 0055765 11/29/2000 0000526 VERIZON CALIFORNIA 00/00/0000 0055765 11/29/2000 0000526 VERIZON CATIFORNIA 00/00/0000 0055765 11/29/2000 STMT N STMT N STET N STET N STET N STMT.. N STMT N STMT N STET N STMT N STMT N STMT N` STMT N_ STET N 122.87. 80.49 642.44 524.72 203.34 327.36 315.30 137.85 198.25 122.57 80.49 931.65 554.71 203.04 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER ACCOUNTING 'PERIOD rH�2001/06 REPORT NUMBER 10 CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO REMITTANCE AMOUNT CHECK ACCOUNT (NET OF DISCJRETAIN� 54292* 2760 LANCASTER CONTRACT SURVEY 004925 06/01/2000 55574* 583 HEMET VALLEY TOOL 001714 11/03/2000 001715 11/03/2000 55602* 2356 MICROFLEX 001839 11/03/2000 55614* 2777 QUALITY TURF 001739 11/03/2000 55701* 583 HEMET VALLEY TOOL 001897 11/16/2000 001922 11/16/2000 55743* 2278 BEST BUY #110 002423 11/09/2000 55744* 691 LINCOLN NATIONAL 002424 11/14/2000 55745* 607 ICMA RETIREMENT TRUST 002425 11/14/2000 55746* 630 PERS 002426 11/14/2000 55747* 460 EASTERN MUNI.WATER DIST. 002427 11/14/2000 55748* 770 O.K. ASSOC. INC. 002426 11/14/2000 55749* 2662 JAMES CONNER 002429 11/16/2000 55750* 947 CITY OF CORONA 002430 11/16/2000 55751* 1034 CITY OF SAN JACINTO PETTY 002431 11/17/2000 002432 11/17/2000 002433 11/17/2000 002434 11/17/2000 002435 11/17/2000 002436 11/17/2000 002437 11/17/2000 002438 11/17/2000 002439 11/17/2000 021-4150-410.40-01 052-9012-450.40-01 025-7250-410.33-30 010-3100-431.21-35 028-7100-410.40-01 025-7250-410.33-30 025-7252-410.33-30 074-0000-103.12-25 085-0000-202.21-29 OB5-0000-202.21-29 085-0000-202.21-28 059-8052-450.34-05 059-8052-450.34-05 010-1100-411.31-20 010-3300-431.31-20 010-1100-411.21-10 096-9700-470.31-20 010-7400-425.21-10 '. 010-1200-412.31-20 010-2500-425.21-10 050-9000-450.21-70 050-9000-450.21-10 010-1400-414.21-10 010-2500-425.21-10 5,20D.00- 5,200.00- * 69.47 19.34- 88.81- * VOIDED VOIDED 132.00- 132.00- * VOIDED 744.56- 744.56- * VOIDED' 19.34- 49.31- 68.65- * 2,805.96 2,805.96 3,377.93 3,377.93 * 742.31 742.31 6,026.43 6,026.43 5,534.68 5,534.66 168, 488. 64 166,488.64* 520.55 520.55 100.00 100.00 41.57 26.97 5.88 30.05 13.47 1.50 61.60 6.00 .07- VOIDED 2,805.96 3,377.93 742.31 6,026 43 5,534.66 168,486.64 520.55 100.00 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK VENDOR NO NO ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VENDOR VOUCHER P.O. DATE NAME NO NO ACCOUNT PAGE 2 ACCOUNTING PERIOD 2001/06 REPORT - NUMBER 10 REMITTANCE AMOUNT (NET OF DISC/RETAIN) 55751* 1034 CITY OF SAN JACINTO PETTY CWEK TOTAL 186.97 * 55752* 2278 BEST BUY #110 002440 11/20/2000 074-0000-103.12-25 2,504.27 2,504.27 ' * 55753* 372 UNION BANK 002441 11/21/2000 097-9700-470.60-10 75,000.00 002442 11/21/2000 097-9700-470.60-15 105,423.12 180,423.12 55754* 947 CCEC 002443 11/21/2000 099-9700-470.31-20 65.00 65.00 55755* 447 SO. CALIFORNIA EDISON CO. 002444 11/21/2000 025-7260-410.35-14 002445 11/21/2000 025-7250-410.35-14 002446 11/21/2000 021-4150-410.35-14 002447 11/21/2000 050-9000-450.35-14 002448 11/21/2000 025-7250-410.35-14 002449 11/21/2000 025-7252-410.35-14 002450 11/21/2000 010-6100-425.35-14 002451 11/21/2000 050-9000-450.35-14 002452 11/21/2000 025-7100-410.35-14 002453 11/21/2000 010-7400-425.35-14 002454 11/21/2000 025-7251-410.35-14 002455 11/21/2000 010-3100-431.35-14 002456 11/21/2000 010-2500-425.35-14 002457 11/21/2000 050-9000-450.35-14 002458 11/21/2000 050-9000-450.35-14 55756* 2858 AMERICAN CLASSIC CATERING 002459 11/22/2000 065-0000-201.08-63 55757* 2970 BERNARD SIMON 002460 11/22/2000 010-1100-411.31-20 55758* 947 SENIOR DAY CARE CENTER OF 002461 11/22/2000 010-1100-411.21-10 55759* 947 DAN DAMEN 002462 11/27/2000 065-0000-201.08-63 55760* 2980 GOLDEN ERA PRODUCTION 002463 11/27/2000 065-0000-201.08-63 55761* 691 LINCOLN NATIONAL 002464 11/28/2000 085-0000-202.21-29 55762* 607 ICMA RETIREMENT TRUST 002465 11/28/2000 085-0000-202.21-29 55763* 830 PERS 186.97 2,504.27 180,423.12 65.00 20,442.08 1,039.29 379.89 14,008.44 1,319.64 2,024.42 123.06 65.05 3,011.12 2,358.95 26.79 2,859.46 2,316.67 4,662.26 30,664.85 85,301.97 * 85,301'.97 1,276.83 1,276.83 *: 1,276 83 624.92 624.92 50.00 50.00 * 150.00 150.00 569.28 569.28 3,377.93 3,377.93 624.92 50.00'` 150.00 569.28 3,377.93 742.31 742.31 * 742.31 AGENDA REGULAR MEETING SAN JACINTO REDEVELOPMENT AGENCY December 7, 2000 Immediately Following the Regular City Council Meeting SJUSD 2045 South San Jacinto Avenue San Jacinto, California 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 2. PUBLIC COMMENTS: Any Person May Address the Board on Any Subject Pertaining to Agency Business Not Listed on the Agenda During this Portion of the Meeting. A Limitation of Three (3) Minutes Shall Be Set for Each Person Desiring to Address the Board. 3. PUBLIC HEARING 3.1 Approve First Amendment to the Disposition and Development Agreement for Fun Properties, LLC ("First Amendment") Family Fitness Center, 1635 S. San Jacinto Ave., San Jacinto, CA 4. AGENCY DEPARTMENTS 5. CONSENT CALENDAR: The matters listed under consent calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Agency, staff or the public requests a specified item to be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency President, state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Approve Minutes of Regular Meeting of November 16 2000 PRESIDENT/BOARD MEMBER REPORTS/DISCUSSIONS CLOSED SESSION: None ADJOURNMENT I, Grace Alvarez, Secretary of the San Jacinto Redevelopment Agency, do hereby certify that I caused to be posted the foregoing agenda this ls` day of December 2000, as required by law. December 7, 2000 AGENDA ITEM NO. 3 TO: President and Redevelopment Agency Board of Directors FROM: Tim Hults, Planning Director 0 SUBJECT: Approve the First Amendment to the Disposition and Development Agreement (DDA) for Fun Properties, LLC RECOMMENDATION By motion, approve the first amendment to the DDA between the Redevelopment Agency and Fun Properties, LLC, related to the conversion of the former Skate and Fun Zone to the Family Sport and Fitness Center and authorize the Executive Director to execute the agreement, provided Fun Properties has fully executed the attached agreement. BACKGROUND On February 9, 1995, the Redevelopment Agency approved a Disposition and Development Agreement with Fun Properties, a California Limited Partnership for the purpose of developing a Skate and Family Fun Center. Pursuant to the terms of the agreement, the land was given to Fun Properties as well as a $300,000.00 secured construction loan and a $27,484.00 unsecured loan for fees. The S327,484.00 was established via a note calling for a two-year deferral with interest accruing, followed by 10 years of principal and interest payments. The interest rate was set at 6% . In return, Fun Properties was to build a Skate Center and pay to the Agency an admission tax of 10G per admission for the first year, 15G admission fee for the second year and 25G admission fee in the subsequent years, for an indefinite period. In 1997, Fun Properties notified the City that the partners involved in the San Jacinto Center as well as several of the other centers they operated desired to leave the partnership and be paid off. Subsequently, the partnership dissolved and the skating rink was converted to a fitness center. On November 19, 1997, the Council approved the health club facility as an alternate use for the property and initiated negotiations to amend the terms of the DDA. Rutan and Tucker, the City Attorney at the time, conducted the negotiations and presented the first draft amended DDA in April 2000. Prior to placing the item on the Agency agenda, the document was delivered to Best, Best and Krieger (BB&K) for their review. After reviewing the document, BB&K recommended changes to the amended DDA. BB&K drafted an amended DDA that was then forwarded to Fun Properties' representatives for their review. On September 28, 2000, Fun Properties' attorney sent a letter to BB&K suggesting minor changes to the DDA. On October 19, the amended DDA was submitted to Staff for review and approval by the Council. BB&K suggested a title search be conducted prior to any action by the Agency. On November 6, 2000, the Agency received the preliminary title report. The title report does not indicate any liens or encumbrances that would place the Agency loan at risk. As a result, the amended DDA was placed on this Agency's Agenda as the issues noted above have been resolved and all negotiating parties are comfortable with the amended DDA. The terms of the amended DDA memorialize the conversion of the skate center to the fitness center (previously authorized by the Agency on 11/19/97), provide for an increase in the interest rate of the Agency loan from 6% to 8%, and establish provisions for the City to lease the outdoor rink, some 42 parking stalls and their related drive aisles for 25 years at the total sum of $25.00. Based upon the new rate of interest, and due to the fact that Fun Properties has not made the March 3, 2000 annual payment, the new balance of the Agency loan is $341,893.00. As a result of the agreed upon amortization schedule, Fun Properties will be making annual payments of $41,470.58 until March 3, 2013. The attached agreement is a redline version of the agreement and is in conformance to the agreed upon terms understood by both parties. Staff is providing you the redline version of the agreement in order to provide the Agency Board the opportunity to review the changes to the agreement. Once the Agency approves of the changes and gives its approval to the terms and the amended agreement, a clean copy of the agreement will be prepared and forwarded to Fun Properties for execution. Staff recommends that the Agency authorize the executive director to sign the agreement upon full execution by Fun Properties. JUSTIFICATION Approval of the first amendment to the DDA will memorialize the terms already agreed upon and allow for Fun Properties to begin making the annual payment. Additionally, approval of the first amendment to the DDA will also allow for the City to offer the outdoor skate rink as an additional recreational amenity for the community. BUDGETARY IMPACT None. The loan funds enumerated in the agreement have already been disbursed to Fun Properties, and Fun Properties made the first of the 15 installment payments in March 1999. Fun Properties has withheld payment of subsequent installments until such time as the first amendment to the DDA is approved and executed. However, as a result of the first amendment to the DDA, the Agency loan will be amortized at a higher interest rate resulting in a greater amount being repaid to the Agency than originally contemplated. ATTACHMENTS 1- RDA Resolution 1- Agreement FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT Fun Properties, LLC THIS FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment") is entered into as of this day of , 2000 ("Effective Date"), by and between THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public agency, corporate and politic ("Agency"), and FUN PROPERTIES, LLC, a California limited liability Company ("Redeveloper"). RECITALS A. Agency and Redeveloper entered into that certain Disposition and Development Agreement dated February 7, 1995, ("DDA") to provide for the development of a commercial, retail, and entertainment project on a site located within the Agency's Redevelopment Project Area (the "Site"). The Site was conveyed to Redeveloper on or about , 199, pursuant to the DDA, and Redeveloper constructed an entertainment center, an indoor skating rink, an outdoor skating rink, and a parking lot on the Site. B. The DDA provided for a loan from the A • ency to the Redevelo Der in the amount of a , roximatel 327484.00 for construction and deferred miti • ation fees "Auenc Loan" . Among other things the Agency Loan was originally to be repaid at six percent (6%) interest over a ten-year period commencing thirty (30) months after the Close of Escrow, as defined in the DDA. C. Agency and Redeveloper now desire to amend the AgrccmentDDA to (i) provide for the following: (i) the development of a fitness club in place of the existing entertainment and indoor skating rink use, (ii) the lease the existing outdoor skating rink and a portion of the parking lot to the Agency, and (iii) to modify the terms of the Agency Loan from Agency to Redeveloper. NOW THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Survival of Provisions. Except as specifically modified or amended herein, each and every term and provision of the DDA shall remain in full force and effect. RVPUB\DLH\567785 -1- 2. Definitions. Except as otherwise expressly provided herein, the terms used in this Amendment shall have the same meanings ascribed to such terms in the DDA. 3. Amendment to Scction 3. Sitc. Scction ±4 o c ann..' rULdlU Exliibit-e-and in accordance with development plans appioved by Agency and City (the "Project")." 43. Amendment to Section 8.1 - Notices Demands and Communications Between the Parties. The parties' names and addresses are amended as follows: Agency: Redevelopment Agency of the City of San Jacinto 201 E. Main Street San Jacinto, CA 92583 Copy to: Best Best & Krieger LLP 3750 University Avenue Suite 400 Riverside, CA 92502-1028 Redeveloper: Fun Properties, LLC c/o Osborne Development Corp 30001 Comercio Rancho Santa Margarita, CA 92688 Attn: Robert E. Osborne Copy to: 54. Amendment to DDA Exhibit A - Site Map. The Site Map attached to the DDA as Exhibit A shall be superceded deft.teti-arrd-replaeLd by the First Amended Site Map attached to this Amendment as Attachment No. 1. 65. Amendment to DDA Exhibit C - Undertakings of Redeveloper. The list of Undertakings of Redeveloper attached to the DDA as Exhibit C shall be amended superceded by the First Amended Undertakings of Redeveloper attached to this Amendment as Attachment No. 2. In -2- RVPUB\DLH\567785 the event there is any conflict between the provisions of Exhibit C in the DDA and Attachment No. 2 in this Amendment, the provisions of Attachment No. 2 shall be controlling. 76. Amendment to DDA Exhibit D - Undertakings of Agency. The list of Undertakings of Agency attached to the DDA as Exhibit D shall be amended by the First Amended Undertakings of R-ed-e-v-eferperAgency attached to this Amendment as Attachment No. 3. In the event there is any conflict between the provisions of Exhibit D in the DDA and Attachment No. 3 in this Amendment, the provisions of Attachment No. 3 shall be controlling. P17. Amendment to DDA Exhibit G - Promissory Note and Subordinated Deed of Trust. The promissory note and deed of trust in the forms attached to the DDA collectively as Exhibit G shall be cancelled and replaccdamended by the attached amended promissory note ("Amended Note") and amended deed of trust ("Amended Deed of Trust") attached to this Amendment as Attachment No. 4 and Attachment No. 5, respectively. The Amended Deed shall be subordinated only to Redeveloper's construction and permanent financing, pursuant to a Subordination Agreement in the form attached hereto as Attachment No. 12. Within ten (10) days after the Effective Date, Redeveloper shall execute and deliver to Agency the Amended Note and cxccutc and rccord thc Amended Deed, with the amcnded trrns described thcrein. [TITLE INSURANCE???] 98. Agency's Lease of the Skating Rink and Parking Lot. a. Within thirty (30) days after the Effective Date, Agency and Redeveloper shall execute the lease for that portion of the Site that, as identified on the Amended Site Map attached hereto as Exhibit A and incorporated herein, contains the outdoor skating rink on the terms and conditions set forth in the form of the lease attached to this Amendment as Attachment No. 6 ("Skating Rink Lease"). [THE SKATING RINK LEASE, AS DRAFTED, MAY BE PROBLEMATIC; PLEASE SEE COVER LETTER] b. Within thirty (30) days after the Effective Date, Agency and Redeveloper shall execute the lease for that portion of the Site that, as identified on the Amended Site Map attached hereto as Exhibit A and incorporated herein, contains the easterly triangle of the parking lot on the terms and conditions set forth in the form ofthe lease attached to this Amendment as Attachment No. 7 ("Parking Lot Lease"). The Parking Lot Lease shall also grant to Agency an option to purchase the leased premises. 9. Guaranty. The tern "Guaranty" shall mean the personal guaranty to be executed by each of the four (4) partners/principals of Redeveloper, which shall secure repayment of the Agency Loan, as evidenced by the Amended Note and Amended Deed attachcd to this AnndmLnt as No. 4 and ac uncn o. 5, respcctivJy. The four (4) Guaranties shall be in the forms attached hereto as Attachment Nos. "8" (Robert Osborne), "9" (William Carlson), " 10" (Jay McNabney), and " 11 " (Stevc ChubicRichard and Marie Anthony, a married couple). Within ten (10) days after the Effective Date, each of the four (4) partners/principals of Redeveloper shall execute RVPUB\DLH\567785 -3- and deliver to Agency his own Guaranty. 10. Cross -Default. It is the intention of the parties hereto that any default by Redeveloper of thisthe AgrcementDDA, this Amendment, the Amended Note, the Amended Deed, the Skating Rink Lease, or the Parking Lot Lease; or the Subordination Agreement (collectively, "Applicable Agreements") shall constitute a default of all of th othr of the forcgoing listcd documents. under each and all of the Applicable Agreements. 121 1. Entire Agreement. This Amendment, together with the other Applicable Agreements DDA, constitutes the entire understanding and agreement of the parties with respect to the subject matter set forth herein and therein, integrates all of the terms and conditions mentioned herein or therein, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof or thereof. 1312. Severability. If any provisions of this Amendment or the DDA as amended hereby shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. IN WITNESS WHEREOF, this First Amendment has been executed by the parties and shall be effective as of the date of execution by Agency it has been approved by the Agency's governing board/le islative body and executed by the appropriate authorities of the Agencyand the Developer (the "Effective Date"). RVPUB\DLH\567785 [Signatures on following pages] -4- Date ATTEST: Agency Secretary APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP John E. Brown Agency Counsel RVPUBDLH\567785 -5- "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic Chairperson "REDEVELOPER" FUN PROPERTIES, LLC, a California Limited Liability Company Robert E. Osborne Title: William Carlson Title: Jay McNabney Title: Steve i Richard Anthony Title: Marie Anthony Title: RVPUBDLH\567785 [END OF SIGNATURES] -6- RVPUB\DLIt567785 ATTACHMENT NO. 1 [DDA EXHIBIT "Al FIRST AMENDED SITE MAP [TO BE INSERTED] Attachment 1 ATTACHMENT NO. 2 [DDA EXHIBIT "C"] FIRST AMENDED UNDERTAKINGS OF REDEVELOPER This Attachment No. 2 amends the Undertakings of Redeveloper attached to the DDA as Exhibit "C." In the event of any conflict between the terms set forth in this Attachment No. 2 and the terms set forth in Exhibit "C" of the DDA, the terms of this Attachment No. 2 shall control. A. Pursuant to Article 5 of the DDA. Redeveloper shall convert the existing entertainment center and indoor skating rink to a fitness center in accordance with plans approved by the Agency, including all required parking and landscaping. B. Redeveloper and Agency shall enter into the Skating Rink Lease, pursuant to which the portion of the Site used for the existing outdoor skating rink shall be leased to the Agency for a term of twenty-five (25) years with two (2) conditional ten (10) year options, at one dollar ($1.00) per year. The Skatin Rink Lease shall contain a provision stating that the Agency's failure to operate the premises as a skating rink for six 6 consecutive months during the term of the Lease shall result in the Redeveloper's ability to terminate the Lease. C. Redeveloper and Agency shall enter into the Parking Lot Lease, pursuant to which the portion of the Site used for the easterly triangle of the existing parking lot shall be leased to the Agency for a term of twenty-five (25) years at one dollar ($1.00) per year, with an Agency option to purchase the leased premises for one dollar ($1.00) after Redeveloper's repayment of its Small Business Administration loan affecting the property. D. Redeveloper shall execute and deliver to the Agency the Amended Promissory Note, and execute and retard the Amended Deed of Trust. Redeveloper shall repay the Agency Loan (previously made to Redeveloper in accordance with the DDA) pursuant to the terms ofthe Amended Promissory Note. E. Redeveloper's partners/principals shall each execute a personal guaranty securing the repayment of the Agency Loan. Redeveloper's partners/principals shall repay the Agency Loan pursuant to the terms of the Guaranties. RVPUBTLI-1\567785 Attachment 2 RVPUB\DLH\567785 ATTACHMENT NO. 3 [DDA EXHIBIT "D"] FIRST AMENDED UNDERTAKINGS OF AGENCY [to be attached] Attachment 3 ATTACHMENT NO. 4 AMENDED PROMISSORY NOTE SECURED BY DEED OF TRUST , 2000 ("Amended Note Date") Loan Amount: $379.881.44 FOR VALUE RECEIVED, the undersigned, FUN PROPERTIES, LLC, a California limited liability company, hereinafter referred to as "Borrower" or "Redeveloper," promises to pay to THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic, hereinafter referred to as "Agency," so much principal as may be outstanding in accordance with the terms of this Amended Note, not exceeding THREE HUNDRED SEVENTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-ONE DOLLARS AND FORTY-FOUR CENTS ($379,881.44), plus accrued interest on the unpaid principal, plus such other costs, charges, and fees which may be owing from time to time, all subject to the terms, conditions, and provisions hereinafter set forth. Reference is made to: RVPUBTLH\567785 a. The Disposition and Development Agreement by and between Borrower and Agency, dated February 7, 1995 ("DDA"), which sets forth terms and conditions for Borrower's acquisition and redevelopment of that certain real property consisting of approximately 2.5 acres located within the Redevelopment Project Area in the City of San Jacinto, County of Riverside, State of California, as more particularly described in the legal description attached as Exhibit A to the DDA (the "Site"). The DDA is incorporated herein by reference as though fully set forth herein. b. The First Amendment to the DDA by and between Borrower and Agency, dated , 2000 ("Amendment"), which sets forth amended terms and conditions for Borrower's acquisition and redevelopment of the Site. The Amendment is incorporated herein by reference as though fully set forth herein. c. The Redevelopment Plan for the Redevelopment Project Area ("Plan"), which Plan is incorporated herein by reference as though fully set forth. Attachment 4-1 d. The original Promissory Note attached to the DDA as Exhibit G ("Original Note"), which set forth the terms by which the Redeveloper promised to repay the Agency's Loan to Redeveloper, in the amount of $327,484.00 plus interest accruing prior to the commencement of repayment, with repayment originally scheduled to commence thirty (30) months after close of escrow, at six percent (6%) interest per annum for a term of ten (10) years. This Amended Note supersedes the Original Note in its entirety. e. The amended deed of tnist with assignment of rents ("Amended Deed -of Trust"), dated on or about the Amended Note Date and recorded in the official records of Riverside County on or about the Amended Note-Efafe, in favor of Agency, in the amount of Three Hundred Twcnty-Seven Thousand Pour Hundred Eighty-four Dollars Seventy -Nine Thousand Eight Hundred Eighty -One Dollars and Forty -Four Cents ($379,881.44), as security for repayment of this Amended Note. The four (4) personal guaranties ("Guaranties") executed by the four (4) partners/principals of Borrower, (Robert Osborne, William Carlson, Jay McNabney, and Steve ChubicRichard and Marie Anthony), dated on or about the Amended Note Date, as security for repayment of this Amended Note. g. All initially capitalized terms used and not otherwise defined in this Note shall have the meanings given to them in the DDA, as amended by the Amendment. 1. Principal Amount; Interest Amount. The principal amount of the Agency's loan to Borrower is THREE HUNDRED SEVENTY-NINE THOUSAND EIGHT HUNDRED EIGHTY- ONE DOLLARS AND FORTY-FOUR CENTS ($379,881.44) ("Loan Amount"). The Loan Amount includes $327,484.00 of the Agency's original loan to Borrower as evidenced by the Original Note, which Agency has disbursed to Borrower pursuant to the DDA, and $52,397.44 in accrued interest as of the date of _ _ _ .that has accrued since the of iginal loan was made to Borrower. Interest shall accrue on the outstanding principal balance ofthis Amended Note as set forth below and further interest shall accrue in the event of a Borrower default as set forth in Paragraph 3 in the L.v�nt of a Borrower default. [NOTE: Need to add interest accrued from 12/29/98 to the present to get actual balance of original note] a. Rate of Interest. Interest at the rate of six percent (6%) per annum shall be applied to the period commencing on June 29, 1996, and continuing through the date of the Amended NoteJunc 28, 1998. Interest at the rate of eight percent (8%) per annum shall be applied to the period commencing on the date of this Amended Note June 29, 1998 and continuing thereafter under paid in full. Interest shall be computed on the basis of a year of 365 days and actual days elapsed. RVPUB`DLH\567785 Attachment 4-2 2. Term of Note: Repayment of Loan Amount. a. As used hereinbelow, the term "Repayment Commencement Date" shall mean March 3, 2000. [CONFIRM. HAS BORROWER PAID FIRST PAYMENT?] b. Borrower shall repay the Loan Amount and accrued interest according to the following schedule: (i)Commencing on the Repayment Commencement Date which shall be the one (1) year anniversary of the date of this Amended Note, and on March 3 each succeeding year thereafter on the anniversary of the date of this Amended Note and ending on the ( _th) anniversary or the date of this Amended Note March 3, 2013, Borrower shall make a payment to Agency according to the amortization schedule attached hereto as Exhibit "A." The first payment shall consist of the first 12 months of accrued interest only,, in the amount of $37,988.14. The remainder of the interest accrued prior to the Repayment Commencement Date shall be added to the principal. Not later than concurrently with the final annual payment pursuant to clause (i) immediately above, Borrower shall also make a lump sum "balloon" payment of all remaining principal and all outstanding accrued interest, if any, due under this Amended Note. c. Borrower shall have the right to prepay all or any portion of this Amended Note at any time without penalty. 3. Default. In the event: (i) Borrower fails to timely make a payment required by this Amended Note within ten (10) days following the due date of any payment due hereunder; or (ii) Borrower fails to timely make any other payment due hereunder within ten (10) days following the due date; or ( ) Borrower is in material default of any of the terms of this Amended Note or the DDA as amended, or the Amended Deed and Borrower fails to timely cure such default under the terms of the applicable agreement:, then Borrower shall be in default of this Amended Note and the outstanding principal balance of the Loan Amount and any accrued interest thereon shall become immediately due and payable. The rate of interest applicable to periods of default for the defaults set forth in this Paragraph 3 shall be calculated at the lesser of ten percent (10%) per annum or the maximum legal rate, and shall accrue as of the date such payment was originally due. RVPUB\DLH\567785 Attachment 4-3 Notwithstanding the above, in the event of an actual or deemed entry of an order for relief with respect to Borrower under the Federal BankruptcyCode, this Amended Note and all interest and other amounts due hereon shall automatically become and be due and payable. without presentment, demand, protest or any notice of any kind, all of which are hereby expressly waived by Borrower. The Agencymay exercise Agency's option to accelerate after any event of default. regardless of any prior forbearance. 4. Additional Terms. a. Unless otherwise provided, all payments shall be first credited to accrued interest, next to costs, charges, and fees which may be owing from time to time, and then to principal. All payment shall be made in lawful money of the United States of America in same day funds. Payments shall be made to Agency at the address set forth in Paragraph 7 herein or at such other address as Agency or the holder of this Amended Note may direct pursuant to notice delivered to Borrower in accordance with Paragraph 7. b. Borrower agrees to pay the following costs and expenses, and rcasonable attolneys fces paid or incurred by Agency, or adjudged by the court, in the collection of amounts in default or other costs incurred as a result of a default by Borrower: (i) reasonable costs of collections, costs and expenses and attorney's fees paid or incurred in connection with the collection or enforcement of this Amended Note, whether or not suit is filed, and (ii) costs of suit, expert witness fees, and such sums as the court may adjudge as attorney's fees in any action to enforce payment of this Amended Note or any part of it if Agency prevails in such suit. 5. Nonassignability and Nonassumability. This Amended Note shall not be assignable or assumable without the prior, express, written consent of Agency's Executive Director. 6. Presentment, Etc. Notwithstanding any other provision herein to the contrary, to the extent permitted by law Borrower and all other persons liable or to become liable for all or part of this indebtedness, jointly or severally hereby waives the following: (a) notice of default or delinquency, (b) notice of acceleration, (c) notice of nonpayment, (d) notice of costs, expenses and losses and interest thereon, (e) notice of interest on interest and late charges, (f) diligence in taking any action to collect any sums owing under this Note or in proceeding against any of the rights and presentment for payment, demand, protest, and notices of dishonor and/or protest; (g) the benefits of all waivable exemptions; and (h) all defenses and pleas on the grounds of any extension or extensions of the time of payment or of any due date under this Amended Note, in whole or in part, whether before or after maturity and with or without notice. 7. Notices. Any notices required by law or this Agreement the DDA as amended or this Amended Note shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested. RVPUB\DLH\567785 Attachment 4-4 Notices to Borrower shall be addressed to: Fun Properties LLC c/o Osborne Development Corp 30001 Comercio Rancho Santa Margarita, CA 92688 Attn: Robert E. Osborne Copy to: Notices to Agency shall be addressed to: Redevelopment Agency of the City of San Jacinto 201 East Main Street San Jacinto, CA 92583 Attn: Executive Director Copy to: Best Best & Krieger LLP 3750 University Ave. Riverside, CA 92502-108 Attn: John E. Brown Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed shall be deemed effective on the second business day following deposit in the United States mail. Either party may designate that notices be sent to other or additional addresses by complying with the requirements of this section. 8. Litigation. This Amended Note shall be governed by and construed under the laws of the State of California. The parties agree that in any litigation between the parties arising out of this Amended Note, the Municipal and Superior Courts of the State of California in and for the County of Riverside shall have exclusive jurisdiction and Borrower expressly waives, to the maximum legal extent, any legal right it may have to have such action or proceeding transferred to or prosecuted in any other court ofiurisdiction. The prevailing party in any litigation between the parties arising out of or connected to this Amended Note, in addition to whatever other relief to which the prevailing party is entitled, shall also be entitled to reasonable attorney's fees, including fees and costs for discovery, and any fees and costs for appeal. In the event of such legal action, service of process on Agency shall be made in such manner as provided by law for service on a California public entity; RVPUBTLI1\567785 Attachment 4-5 service of process on Borrower shall be made in such manner as may be provided for by law, and shall be valid whether made within or without the State of California. 9. Waiver. No waiver of any breach, default, or failure of condition under the terms of this Amended Note, or the obligations secured hereby, shall be implied from any failure of Agency to take, or any delay by the Agency in taking, action with respect to such breach, default, or failure from any previous waiver or any similar or unrelated breach, default, or failure; and a waiver of any term of this Amended Note must be made in writing and shall be limited to the express written terms of such waiver. 10. Time of Essence. Time is of the essence in this Amended Note. 11. Severability. In the event that any term or provision of this Amended Note is held to be unenforceable or invalid, the remainder of this Amended Note shall remain in full force and effect to the fullest extent without inclusion of the unenforceable term or provision. 12. Interpretation. In the event of any conflict between this Amended Note and the DDA, the DDA shall control. The terms interpretation and performance of this Amended Note shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Amended Note or any other rule of construction which might otherwise apply. 13. Successors and Assigns. This Amended Note shall bind Borrower and Borrower's successors and assigns and the benefits hereof and shall inure to the A' ency and Agenc 's successors and assigns. The paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Amended Note. IN WITNESS WHEREOF, Borrower has executed this Amended Note as of the Amended Note Date. RVPUB'`,DLH`567785 [Signature on following pages] Attachment 4-6 "BORROWER" FUN PROPERTIES, LLC, a California Limited Liability Company Robert E. Osborne Title: William Carlson Title: Jay McNabney Title: Stevc ChubicRichard Anthony Title: Marie Anthony Title: RVPUB\DLH\567785 !END OF SIGNATURES! Attachment 4-7 LOAN DATA Amount of Loan: Annual interest rate: Term (Years): Yearly Pay Periods: Due date of First payment: PERIODIC PAYMENT $341,893.30 8.00% 14 1 3/3/00 Amort_ex Table Calculation settings Amortization Table starts at date: or at payment number: Entered payment: Calculated payment: CALCULATIONS The table uses the calculated periodic payment amount, $41,470.58 unless you enter a value for "Entered payment." Use payment of: $41,470.58 1st payment in table: 1 Beginning balance at payment 1: Cumulative interest prior to payment 1: $341,893.30 $0.00 2 rent ate 3/3/00 3/3/01 3/3/02 Beginning Balance 341893.30 ` 27, 351.46 14,11 Ending valance 12 327,774.18 327,774.18 26,221.93 15,248.65 312,525.54 53,573.40 312,525.54 25,002.04 16,468.54 296,057.00 78,575.44 4 3/3/03 296,057.00 23,684.56 17,786.02 278,270.98 102,260.00 5 6 3/3/04 278, 270.98 22, 261.68 19, 208.90 259, 062.07 124, 521.68 3/3/05 259,062.07 20,724.97 20,745.62 238,316.46 145,246.65 7 3/3/06 238,316.46 19,065.32 22,405.26 215,911.19 164,311.96 8 3/3/07 215,911.19 17,272.90 24,197.69 191,713.51 181,584.86 9 10 11 12 13 14 3/3/08 3/3/09 3/3/10 3/3/11 3/3/12 3/3/13 191, 713.51 165, 580.01 137, 355.83 106, 873.71 73, 953.03 38,398.69 15,337.08 13,246.40 10, 988.47 8,549.90 5,916.24 3,071.89 26,133.50 28, 224.18 30,482.12 32, 920.68 35,554.34 38,398.69 165,580.01 137,355.83 106,873.71 73,953.03 38, 398.69 0.00 196, 921.94 210,168.34 221,156.80 229,706.70 235, 622.94 238,694.84 Page 1 ATTACHMENT NO. 5 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Jacinto Redevelopment Agency 201 E. Main Street San Jacinto, CA 92583 Attn: Executive Director Fee Exempt per Gov't Code § 27383 (Space above for Recorder's Use) DEED OF TRUST WITH ASSIGNMENT OF RENTS THIS TRUST DEED ("Trust Deed"), dated , 2000, is made by FUN PROPERTIES, LLC, a California limited liability company, whose address is 30001 Comerico, Rancho Santa Margarita, California 92688 ("Trustor"), in favor of [ ], whose address is ] ("Trustee"), and THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public agency, whose address is 201 E. Main Street, San Jacinto, CA 92583 ("Beneficiary"), and is executed to secure, that certain Amended Promissory Note of even date herewith, in the principal amount of Three Hundred Seventy -Nine Thousand Eight Hundred Eighty -One Dollars and Forty -Four Cents ($379,881.44), along with interest thereon according to the terms of the Amended Promissory Note of even date herewith, executed by Trustor in favor of Beneficiary (such Amended Promissory Note, as it may from time to time be supplemented, amended, extended, renewed or otherwise modified from time to time being referred to in this Trust Deed as the ("Amended Note")), the provisions of which are incorporated in this Trust Deed by reference. This Trust Deed is made with respect to (i) that certain Disposition and Development Agreement between Trustor and Beneficiary dated February 7, 1995 ("DDA"); (ii) that certain First Amendment to Disposition and Development Agreement dated , 2000 ("First Amendment"); and (iii) that certain Amended Promissory Note Secured by Deed of Trust ("Amended Note") between Trustor and Beneficiary dated , 2000. All initially capitalized terms used and not otherwise defined in this Deed of Trust shall have the meanings given to them in the DDA. 1.00 Grant in Trust and Security Agreement. For valuable consideration, Trustor irrevocably grants, transfers and assigns to Trustee, in trust, with power of sale, for the benefit of Beneficiary, the following property (the "Trust Estate"): RVPUB\DLI1567785 Attachment 5-1 (a) the real property described in Exhibit A attached to this Trust Deed and incorporated in this Trust Deed by reference (the "Land"); (b) all buildings, structures and other improvements now or in the future located or to be constructed on the Land (the "Improvements"); (c) all tenements, hereditaments, appurtenances, privileges and other rights and interests now or in the future benefitting or otherwise relating to the Land or the Improvements, including easements, rights -of -way, development rights, mineral rights, water rights and water stock (the "Appurtenances," and together with the Land and the Improvements, the "Real Property"); 2.00 Obligations Secured. This Trust Deed is given for the purpose of securing payment and performance of the following (the "Secured Obligations"): (a) all present and future indebtedness evidenced by the Amended Note, including principal, interest and all other amounts payable under the terms of the Amended Note, DDA and the First Amendment; (b) all present and future obligations of Trustor to Beneficiary under this Trust Deed; and (c) all additional present and future obligations of Trustor to Beneficiary under any other agreement or instrument (whether existing now or in the future) which states that it is, or such obligations are, secured by this Trust Deed; in each case as such indebtedness and other obligations may from time to time be supplemented, modified, amended, renewed and extended, whether evidenced by new or additional documents or resulting in a change in the interest rate on any indebtedness or otherwise. 3.00 Trustor's Covenants. To protect the security of this Trust Deed, Trustor agrees as follows: 3.01 Payment and Performance of Secured Obligations: Purchase Agreement. Trustor shall pay and perform all Secured Obligations in accordance with the respective terms of such Secured Obligations, whether evidenced by or arising under this Trust Deed, the Amended Note, the DDA or the First Amendment. 3.02 Maintenance of Trust Estate. Unless Beneficiary otherwise consents in writing, Trustor shall (i) keep the Property in good condition and repair, and promptly and in a good and workmanlike manner (and with new materials of good quality) complete any Improvements to be constructed on the Land, repair or restore any part of the Real Property that may be injured, damaged or destroyed, and repair, restore or replace any goods that may be injured, damaged, destroyed or lost or that may be or become obsolete, defective or worn out (except that Trustor shall not be required to repair, restore or replace any such goods of insignificant value which are not reasonably necessary or appropriate to the efficient operation of the Property), and in each case pay when due all valid claims for labor, service, equipment and material and any other costs incurred in connection with any such action, (ii) not remove, demolish or materially alter any Improvements, (iii) not commit or permit any waste of any part of the Property, (iv) comply in all material respects with all laws and other requirements, and not commit or permit any material violation of any laws or other requirements, which affect any part of the Trust Estate or require any alterations or improvements RVPUBDLI-1\567785 Attachment 5-2 to be made to any part of the Property, (v) take such action from time to time as may be reasonably necessary or appropriate, or as Beneficiary may reasonably require, to protect the physical security of the Property, (vi) except as otherwise permitted by the Agreement, not part with possession of or abandon any part of the Trust Estate or cause or permit any interest in any part of the Trust Estate to be sold, transferred, leased, encumbered, released, relinquished, terminated or otherwise disposed of (whether voluntarily, by operation of law or otherwise), and (vii) take all other action which may be reasonably necessary or appropriate to preserve, maintain and protect the Trust Estate, including the enforcement or performance of any rights or obligations of Trustor or any conditions with respect to any rights of others in the Trust Estate. 3.03 Self -Insurance, Condemnation and Damage Claims. Trustor shall maintain "all risk" insurance covering the Improvements and Real Property in such forms and amounts and with such insurance companies as shall be approved by Beneficiary. All proceeds of any claim, demand, award, settlement or other payment arising or resulting from or otherwise relating to any loss or destruction of, injury or damage to, trespass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the Property ("Damage Claim") are assigned and shall be payable and delivered to Beneficiary (any such proceeds of any Damage Claim being referred to in this Deed of Trust as "Damage Proceeds"). Trustor shall take all action reasonably necessary or required by Beneficiary in order to protect Trustor's and Beneficiary's rights and interests with respect to any Damage Claim, including the commencement of, appearance in and prosecution of any appropriate action or other proceeding, and Beneficiary may in its discretion participate in any such action or proceeding at the expense of Trustor. So long as no Event of Default, as defined in Section 3.08 of this Deed of Trust, has occurred and is continuing, Trustor may settle, compromise or adjust any Damage Claim with the prior written consent of Beneficiary (which shall not be unreasonably withheld). Upon the occurrence and during the continuance of any Event of Default, Beneficiary shall have the sole right to settle, compromise or adjust any Damage Claim in such manner as Beneficiary may determine, and for this purpose Beneficiary may, in its own name or in the name of Trustor, take such action as Beneficiary deems appropriate to realize on any such Damage Claim. In either case, all Damage Proceeds payable in connection with any such Damage Claim shall be delivered directly to Beneficiary as provided in the preceding paragraph. Any Damage Proceeds received by Beneficiary may be applied by Beneficiary in payment o f the Secured Obligations in such order and manner as Beneficiary may determine, provided that so long as no Event of Default has occurred and is continuing, Beneficiary shall release such Damage Proceeds to Trustor for the restoration of the Property in the Beneficiary's sole discretion, except that Beneficiary shall not be required to release such Damage Proceeds (and may apply such Damage Proceeds to the Secured Obligations as set forth above) to the extent that such Damage Proceeds relate to any condemnation, seizure or other appropriation by any governmental agency of all or any portion of the Property (including Damage Proceeds payable in lieu of any such action), or if Beneficiary has reasonably determined that the security of this Deed of Trust has been impaired, or will be impaired upon the release of Damage Proceeds to Trustor. RVPUBTLH\567785 Attachment 5-3 3.04 Liens and Taxes. Subject to the right of Trustor to contest any such payments in accordance with the terms of the Agreement, (i) Trustor shall pay, prior to delinquency, all taxes, if any, which are or may become a lien affecting any part of the Trust Estate (including assessments on appurtenant water stock) and (ii) Trustor shall pay and perform when due all other obligations secured by or constituting a lien affecting any part of the Trust Estate. 3.05 Actions. Trustor shall appear in and defend any claim or any action or other proceeding purporting to affect title or other interests relating to any part of the Trust Estate, the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee, and give Beneficiary prompt written notice of any such claim, action or proceeding. Beneficiary and Trustee may, at the expense of Trustor, appear in and defend any such claim, action or proceeding and any claim, action or other proceeding asserted or brought against Beneficiary or Trustee in connection with or relating to any part of the Trust Estate or this Deed of Trust. 3.06 Action By Beneficiary or Trustee. If Trustor fails to perform any of its obligations under this Trust Deed, Beneficiary or Trustee may, but without any obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligations under this Trust Deed, and at the expense of Trustor: (a) perform such obligations in such manner and to such extent and make such payments and take such other action as either may deem necessary in order to protect the security of this Trust Deed, Beneficiary or Trustee being authorized to enter upon the Real Property for such purposes, (b) appear in and defend any claim or any action or other proceeding purporting to affect title or other interests relating to any part of the Trust Estate, the security of this Trust Deed or the rights or powers of Beneficiary of Trustee, and (c) pay, purchase, contest or compromise any lien or right of others which in the reasonable judgment of either is or appears to be or may for any reason become prior or superior to this Trust Deed. If Beneficiary or Trustee shall elect to pay any such lien or right of others or any taxes which are or may become a lien affecting any part of the Trust Estate or make any other payments to protect the security of this Trust Deed, Beneficiary or Trustee may do so without inquiring into the validity or enforceability of any apparent or threatened lien, right of others or taxes, and may pay any such taxes in reliance on information from the appropriate taxing authority or public office without further inquiry. 3.07 Obligations With Respect to Trust Estate. Neither Beneficiary nor Trustee shall be under any obligation to preserve, maintain or protect the Trust Estate or any of Trustor's rights or interests in the Trust Estate, or make or give any presentments, demands for performance, protests, notices of nonperformance, protest or dishonor or other notices of any kind in connection with any Rights, or take any other action with respect to any other matters relating to the Trust Estate. Beneficiary and Trustee do not assume and shall have no liability for, and shall not be obligated to perform, any of Trustor's obligations with respect to any Rights or any other matters relating to the Trust Estate, and nothing contained in this Trust Deed shall release Trustor from any such obligations. 3.08 Default. An "Event of Default" shall be deemed to occur if Trustor is in material breach of any of its obligations under any of the following: (i) the Amended Note; (ii) this RVPUB\DLH'567785 Attachment 5-4 Trust Deed; (iii) the DDA; or (iv) the First Amendment and such breach is not cured within ten (10) days after Trustor receives initial notice of such breach. Upon the occurrence of any Event of Default: (i) Trustor shall be in default under this Deed of Trust, and upon acceleration of the Maturity Date of any Secured Obligations in accordance with the terms of the Amended Note, all Secured Obligations shall immediately become due and payable without further notice to Trustor; (ii) upon demand by Beneficiary, Trustor shall pay to Beneficiary, in addition to all other payments specifically required under the Amended Note, at the times and in the amounts required by Beneficiary from time to time, sums which when cumulated will be sufficient to pay one month prior to the time the same become delinquent, all Taxes which are or may become a Lien affecting the Trust Estate and the premiums for any policies of insurance to be obtained hereunder (all such payments to be held in a cash collateral account as additional security for the Secured Obligations over which Beneficiary shall have sole and exclusive control and right of withdrawal); and (iii) Beneficiary may, without notice to or demand upon Trustor, which are expressly waived by Trustor (except for notices or demands otherwise required by applicable Laws to the extent not effectively waived by Trustor and any notices or demands specified below), and without releasing Trustor from any of its Obligations, exercise any one or more of the following Remedies as Beneficiary may determine: (1) Beneficiary may, either directly or through an agent or court -appointed receiver, and without regard to the adequacy of any security for the Secured Obligations: RVPUBIDLH\567785 (i) enter, take possession of, manage, operate, protect, preserve and maintain, and exercise any other rights of an owner of the Trust Estate, and use any other properties or facilities of Trustor relating to the Trust Estate, all without payment of rent or other compensation to Trustor; enter into such contracts and take such other action as Beneficiary deems appropriate to complete all or any part of any construction which may have commenced on the Land, subject to such modifications and other changes in the plan of development as Beneficiary may deem appropriate; make, cancel, enforce or modify leases, obtain and evict tenants, fix or modify rents and, in its own name or in the name of Trustor, otherwise conduct any business of Trustor in relation to the Trust Estate and deal with Trustor's creditors, debtors, tenants, agents and employees and any other persons having any relationship with Trustor in relation to the Trust Estate, and amend any contracts between them, in any manner Beneficiary may determine; (iv) endorse, in the name of Trustor, all checks, drafts and other evidences of payment relating to the Trust Estate, and receive, Attachment 5-5 open and dispose of all mail addressed to Trustor and notify the postal authorities to change the address for delivery of such mail to such address as Beneficiary may designate; and (v) take such other action as Beneficiary deems appropriate to protect the security of this Deed of Trust. Beneficiary's agent or court -appointed receiver shall hold all monies and proceeds, including, without limitation, proceeds from the sale of the Property or any portion thereof, for the benefit of the Trustor and shall not disburse the monies or proceeds for the satisfaction of the Secured Obligations without the prior written consent of Beneficiary. The Beneficiary's agent or court - appointed receiver may, but without any obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any Obligations under this Deed of Trust, and at the expense of Trustor, follow the written instruction of Beneficiary under this Section 3.08. (2) Beneficiary may execute and deliver to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part of the Trust Estate to be sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time as may then be required by law following the recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell such Property at the time and place fixed by it in such notice of sale, either as a whole or in separate parcels and in such order as Beneficiary may direct (Trustor waiving any right to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Trust Estate by public announcement at such time and place of sale, and from time to time after any such postponement may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the Property so sold, but without any covenant or warranty, express or implied, and the recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof Any person, including Trustee or Beneficiary, may purchase at such sale, and any bid by Beneficiary may be, in whole or in part, in the form of cancellation of all or any part ofthe Secured Obligations. Any such sale shall be free and clear of any interest of Trustor and any lease, encumbrance or other matter affecting the Property so sold which is subject or subordinate to this Deed of Trust, except that any such sale shall not result in the termination of any such lease (i) if and to the extent otherwise provided in any estoppel or other agreement executed by the tenant and Beneficiary (or executed by the tenant in favor of, and accepted by, Beneficiary), or (ii) if the purchaser at such sale gives written notice to the tenant, within 30 days after date of sale, that the lease will continue in effect. (3) Beneficiary may proceed to protect, exercise and enforce any and all other remedies provided under the Amended Note or Deed of Trust or by applicable laws. RVPUB\DLF1\567785 Attachment 5-6 All proceeds of collection, sale or other liquidation of the Trust Estate $hall be applied first to all costs, fees, expenses and other amounts (including interest) payable by Trustor under this Deed of Trust and to all other Secured Obligations not otherwise repaid in such order and manner as Beneficiary may determine, and the remainder, if any, to the person or persons legally entitled thereto. Each of the remedies provided in this Deed of Trust is cumulative and not exclusive of, and shall not prejudice, any other Remedy provided in this Deed of Trust or by applicable laws. Each remedy may be exercised from time to time as often as deemed necessary by Trustee and Beneficiary, and in such order and manner as Beneficiary may determine. This Deed of Trust is independent of any other security for the Secured Obligations, and upon the occurrence of an Event of Default, Trustee or Beneficiary may proceed in the enforcement of this Deed of Trust independently of any other remedy that Trustee or Beneficiary may at any time hold with respect to the Trust Estate or the Secured Obligations or any other security. Trustor, for itself and for any other person claiming by or through Trustor, waives, to the fullest extent permitted by applicable laws, all rights to require a marshaling of assets by Trustee or Beneficiary or to require Trustee or Beneficiary to first resort to any particular portion of the Trust Estate or any other security (whether such portion shall have been retained or conveyed by Trustor) before resorting to any other portion, and all rights of redemption, stay and appraisal. Upon the occurrence of a transfer of the Trust Estate or any part of it or interest in it is transferred, sold, or alienated without obtaining the prior written approval of the Beneficiary, except as may be provided in the Amended Note or Declaration, Trustor shall be in default under this Trust Deed and the Amended Note shall become due and payable without further notice to Trustor at the option of the Beneficiary. 3.09 Costs, Fees and Expenses. Trustor shall pay, on demand, all costs, fees, expenses, advances, charges, losses and liabilities of Trustee and Beneficiary under or in connection with this Trust Deed or the enforcement of, or the exercise of any remedy or any other action taken by Trustee or Beneficiary under, this Trust Deed or the collection of the Secured Obligations, in each case including (a) reconveyance and foreclosure fees of Trustee, (b) costs and expenses of Beneficiary or Trustee or any receiver appointed under this Trust Deed in connection with the operation, maintenance, management, protection, preservation, collection, sale or other liquidation of the Trust Estate or foreclosure of this Trust Deed, (c) advances made by Beneficiary to complete or partially construct all or any part of any construction which may have commenced on the Land or otherwise to protect the security of this Trust Deed, (d) cost of evidence of title, and (e) the reasonable fees and disbursements of Trustee's and Beneficiary's legal counsel and other out-of-pocket expenses, and the reasonable charges of Beneficiary's internal legal counsel. 3.10 Late Payments. By accepting payment of any part of the Secured Obligations after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other Secured Obligations or to declare a default for failure to so pay. RVPUBOLI-1\567785 Attachment 5-7 3.11 Action by Trustee. At any time and from time to time upon written request of Beneficiary and presentation of this Trust Deed for endorsement, and without affecting the personal liability of any person for payment of the Secured Obligations or the security of this Trust Deed for the full amount of the Secured Obligations on all property remaining subject to this Trust Deed, Trustee may, without notice and without liability for such action, and notwithstanding the absence of any payment on the Secured Obligations or any other consideration: (a) reconvey all or any part of the Trust Estate, (b) consent to the making and recording, or either, of any map or plat of the Land, (c) join in granting any easement affecting the Land, or (d) join in or consent to any extension agreement or any agreement subordinating the Lien of this Trust Deed. Trustee is not obligated to notify Trustor or Beneficiary of any pending sale under any other deed of trust or of any action or other proceeding in which Trustor, Beneficiary or Trustee is a party unless brought by Trustee. 3.12 Reconveyance. Upon written request of Beneficiary and surrender of this Trust Deed and the Amended Note to Trustee for cancellation or endorsement, and upon payment of its fees and charges, Trustee shall reconvey, without warranty, all or any part of the property then subject to this Trust Deed. Any reconveyance, whether full or partial, may be made in terms to "the person or persons legally entitled thereto," and the recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Beneficiary shall not be required to cause any property to be released from this Trust Deed until final payment and performance in full of all Secured Obligations and termination of all obligations of Beneficiary under or in connection with the Amended Note or until the Secured Obligations are forgiven. 3.13 Substitution of Trustee. Beneficiary may from time to time, by instrument in writing, substitute a successor or successors to any Tnistee named in or acting under this Trust Deed, which instrument, when executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Land is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees who shall, without conveyance from the predecessor Trustee, succeed to all of its title, estate, rights, powers and duties. Such instrument must contain the name of the original Trustor, Trustee and Beneficiary, the book and page where this Trust Deed is recorded (or the date of recording and instrument number) and the name and address of the new Tnistee. 3.14 Attorney -in -Fact. Trustor appoints Beneficiary as Trustor's attorney -in -fact, with full authority in the place of Trustor and in the name of Trustor or Beneficiary, to take such action and execute such Documents as Beneficiary may reasonably deem necessary or advisable in connection with the exercise of any Remedies or any other action taken by Beneficiary or Trustee under this Trust Deed. 3.15 Successors and Assigns. This Trust Deed applies to and shall be binding on and inure to the benefit of all parties to this Trust Deed and their respective successors and assigns. R VPUB'DLH\567785 Attachment 5-8 3.16 Acceptance. Notice of acceptance of this Trust Deed by Beneficiary or Trustee is waived by Trustor. Trustee accepts this Trust Deed when this Trust Deed, duly executed and acknowledged, is made a public record as provided by law. 3.17 Beneficiary's Statements. For any statement regarding the Secured Obligations, Beneficiary may charge the maximum amount permitted by law at the time of the request for such statement. 3.18 Governing Law. This Trust Deed shall be governed by, and construed and enforced in accordance with, the Laws of California. 3.19 Request for Notice. Trustor requests that a copy of any notice of default and a copy of any notice of sale be mailed to Trustor at Trustor's address set forth above. FUN PROPERTIES, LLC THE REDEVELOPMENT AGENCY OF THE a California Limited Liability Company CITY OF SAN JACINTO By: By: Its: Its: Date: Date: RVPUB\DLH\567785 Attachment 5-9 RVPUBTLH\567785 EXHIBIT A TO TRUST DEED Legal Description of Property Exhibit A RVPUB`•DLH\567785 ATTACHMENT NO. 6 Attachment 6 ATTACHMENT NO. 7 Recording Requested by and When Recorded Return to: The Redevelopment Agency of the City of San Jacinto 201 East Main Street San Jacinto, CA 92583 Attn: Executive Director PARKING LOT LEASE I. Parties and Effective Date This Parking Lot Lease ("Lease") is entered into between (i) THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public agency, corporate and politic ("Agency") and (ii) FUN PROPERTIES, LLC ("Redeveloper"), a California limited liability company. This Lease will become effective on the date ("Effective Date") on which (i) it has been approved by the Agency's governing board and (ii) it has been executed by the appropriate authorities of the Agency and the Redeveloper. II. Recitals 1. Agency and Redeveloper entered into that certain Disposition and Development Agreement dated February 7, 1995, ("DDA") to provide for the development of a commercial, retail, and entertainment project (the "Project") on a site located within the Agency's Redevelopment Project Area (the "Site"). 2. Agency and Redeveloper entered into that certain First amendment to the DDA, dated , 2000 (the "First Amendment"), pursuant to which Redeveloper agreed to convert the building used for an indoor skating rink and entertainment center to a fitness center (the "Fitness Center Building"). The Fitness Center Building is not subject to this Lease. As used herein, the term DDA means the original DDA as amended by the First Amendment. 3. Pursuant to the First Amendment, Redeveloper agreed to lease the easterly triangle of the existing parking lot adjacent to the Fitness Center Building (the "Premises") to Agency on the terms and conditions contained herein. 4. In addition to the lease of the Premises, Redeveloper also grants to Agency an option to acquire the Premises subject to all of the terms, conditions and provisions contained herein. RVPUB\DLH\567785 Attachment 7-1 III. Terms 1. Definitions. 1.1 Lease Commencement Date. The term "Lease Commencement Date" shall mean the date the Lease is approved and executed by Agency. 1.2. Premises. The term "Premises" shall mean the easterly triangle of the existing parking lot adjacent to the Fitness Center Building, shown on the Site Map attached hereto as Exhibit A containing approximately square feet. 1. 3. Rent Commencement Date. The term "Rent Commencement Date" shall mean the same date as the Lease Commencement Date. 2. Lease of Premises. Upon the Effective Date of this Lease, Redeveloper hereby leases to Agency, and Agency hereby leases from Redeveloper the Premises, subject to the terms, covenants and conditions of this Lease. The Premises shall be leased in an "AS -IS" condition. For purposes of this Lease, the Premises shall also include any appurtenances, including any improvements now or hereafter located on the Premises, notwithstanding the fact that any such improvements are or shall be construed or affixed to and constitute a part of the Site, and without regard to whether ownership of the improvements is in the Agency or the Redeveloper. 3. Type of Use; Compliance with the Law. The Agency shall use the Premises for purposes authorized by the Agency's Redevelopment Plan and the zoning ordinances of the City of San Jacinto and for no other use or purpose; provided that Agency's use of the Premises shall not adversely affect the Redeveloper's access to the Fitness Center Building, property, or associated driveway. Agency agrees that all operations and activities by or under Agency on the Premises shall be conducted in compliance with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the Premises or to the use or manner of use of the Premises. Agency shall indemnify and hold the Premises and Redeveloper harmless and defend against all actions, claims and damages by reason of (i) Agency's failure to perform the terms hereof; or (ii) Agency's non -observance or non-performance of any statute, ordinance, order, law, rule, regulation and/or governmental requirement related to Agency's use and occupancy of the Premises or the condition thereof 4. Use of Premises as a Public Parking Lot. The Premises shall be used by the Agency solely for the purpose of a vehicular public parking lot for use by members of the general public, without regard as to whether those members of the public using the Premises to patronize the Fitness Center or any other business which may be located upon the Site. The public shall be entitled to use the Premises without limitation as to time of day or day of the week; provided, however, that RVPUB \DLI-1\567785 Attachment 7-2 the foregoing provision shall not prevent or impair the City of San Jacinto from enforcing all applicable laws relative to the Premises, including, without limitation, those laws which may limit the right of the public to use the Premises at certain times or which prohibit loitering in the Premises. [VERIFY TERMS] 5. Term of Lease. The term of this Lease shall commence on the Effective Date and shall expire 25 years from the Effective Date unless terminated sooner pursuant to Section 7 of this Lease. 6. Rental Payments. The Agency agrees to pay to Redeveloper, as rental for the Premises, TWENTY -FIVE DOLLARS ($ 25.00), payable in advance of the Lease Commencement Date, or within thirty (30) days thereafter. Such rental payment shall constitute full and adequate consideration for this Lease 7. Termination for Cause. 7.1 Without limiting its ability to seek other remedies which may be available to it pursuant to statute or judicial decision, the Agency may terminate this Lease and all of its obligations hereunder upon the occurrence of any of the following: (i) The Redeveloper's breach of any of its obligations under this Lease and failure to cure such breach within thirty (30) days after receipt of written notice from the Agency or, if such cure cannot be completed within thirty (30) days, the Redeveloper's failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter diligently prosecute such cure to completion; and (ii) The Redeveloper's breach of any of its obligations under the DDA and failure to cure such breach as provided in the DDA. The Agency's election to terminate this Lease and its obligations hereunder shall not limit, modify, abridge or affect in any way whatsoever any rights or remedies which the Agency may otherwise have under the DDA with respect to the same or other breaches. 7.2 As its sole and exclusive remedy under this Lease, the Redeveloper may terminate this Lease upon any of the following: (i) The Agency's breach of any of its obligations under this Lease (not including the obligation to make rental payments) and the Agency's failure to cure such breach within thirty (30) days after receipt of written notice from the Redeveloper or, if such cure cannot be completed within thirty (30) days, the Agency's failure to commence such cure within RVPUB\DLH\567785 Attachment 7-3 thirty (30) days after its receipt of written notice and thereafter diligent prosecute such cure to completion; and y (ii) The Agency's breach of any of its obligations under the DDA and failure to cure such breach as provided in the DDA. The Redeveloper's election to terminate this Lease shall not limit, modify, abridge or affect in any way whatsoever any rights or remedies which the Redeveloper may have under the DDA with respect to the same or other breaches. Upon the Redeveloper's teimination of this Lease as provided above, the Redeveloper's sole and exclusive measure of damages shall be the sum of $ less the amount of any rental payments made by the Agency prior to the date of such termination. Redeveloper hereby expressly waives any rights which it may have pursuant to statute or judicial decision to different remedies or measures of damages. 8. Quiet Enjoyment of Premises. Subject to all rights reserved to Redeveloper under this Lease, and upon Agency paying the rent and observing and performing all of the terms, covenants and conditions on Agency's part to be observed and performed, Redeveloper hereby warrants, represents and covenants that, Agency may peaceably and quietly have, hold, occupy and enjoy the Premises and all of the appurtenances thereto without hindrance or molestation from Redeveloper or those lawfully claiming an interest in or to the Premises through or under Redeveloper. Redeveloper represents that this Lease, upon recordation, shall have record priority senior to any deed of trust or mortgage encumbering the Premises. Upon request of Redeveloper, Agency shall, in writing, subordinate its rights hereunder to the lien of any first mortgage or first deed of trust hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security thereof so long as such security devices neither expand nor increase Agency's obligations nor restrict Agency's rights under this Lease (provided that requirements for giving notice to the beneficiary of such security devices shall not be construed as increasing Agency's obligations pursuant to the foregoing)[CONFIRM]. In the event any proceedings are brought for foreclosure or in the event of any exercise of the power of sale under any mortgage or deed of trust covering the Premises, Agency shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Redeveloper under this Lease so long as Agency has been provided with an executed commercially reasonable nondisturbance agreement consistent with the provisions of this Section below. Notwithstanding anything to the contrary contained herein, Agency's obligation to subordinate its rights hereunder to the lien of any first mortgage or first deed of trust shall be conditioned upon Agency receiving from any party seeking such superior position a non -disturbance agreement to the effect that as long as Agency performs its obligation under this Lease, no foreclosure of, or deed given in lieu of foreclosure of, or sale under lien or encumbrance, and no steps or procedures taken under such lien or encumbrance shall affect Agency's rights under this Lease, or disturb or interfere with the quiet enjoyment and possession, on the part of Agency or persons holding under or by RVPUBTLI1\567785 Attachment 7-4 permitted assignment or sublease from Agency, of the Premises, and this Lease shall, under such circumstances, remain in full force and effect as a direct lease from the holder of such lien or encumbrance to Agency under the terms and conditions of this Lease for the full unexpired term hereof, as the same may be extended under the provisions of this Lease: provided that the holder of such lien or encumbrance shall not be (i) liable for any act or omission of a prior landlord (including Redeveloper), (ii) subject to any offsets or defenses which Agency might have against any prior landlord (including Redeveloper), (iii) bound by any rent or additional rent which Agency might have paid in advance to any prior landlord (including Redeveloper) in excess of one (1) month, or (iv) bound by any amendment or modification of this Lease made without the prior written consent of the holder of such mortgage or deed of trust. Agency, upon request, will join in executing any such non -disturbance agreement to confirm its agreement to attorn to any such holder or other party acquiring the Redeveloper's interests hereunder through judicial or trustee sale proceedings or by deed in lieu of foreclosure under any such mortgage or deed of trust. 9. Maintenance; Proration of Costs. Throughout the term of this Lease, Redeveloper shall, at its sole cost, expense and liability, maintain or cause to be maintained the Site (including the Premises) and shall promptly and diligently repair, restore and replace the improvements (other than the Agency's, if any) as required, on the Premises. The Redeveloper shall also take such measures as may be necessary to maintain the unimproved portion of the Premises by controlling and/or disposing of, among other things, weeds, blowing dirt and sand, and trash. Redeveloper agrees to notify the Agency promptly of any defects or damages on the Premises which could give rise to third -party injury or damage, even though the Agency retains the right to make periodic inspections of its own. Any landscaping, maintenance or repairs performed by Redeveloper shall be carried out in compliance with the laws, permits, licenses or other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by any federal, state, county, municipal or other governmental agency, bodies and courts having or claiming jurisdiction and all insurance companies ensuring all or any part of the Site. Redeveloper shall indemnify and hold the Premises and Agency harmless against all actions, claims and damages by reason of (i) Redeveloper's failure to perform the terms hereof; or (ii) Redeveloper's non -observance or non-performance of any statute, ordinance, order, law, rule, regulation and/or governmental requirement related to Redeveloper's use and occupancy of the Site or the condition thereof. Redeveloper shall provide the Agency with written notice at least 48 hours prior to any repair or maintenance which would interfere with the use of the Premises, except in cases of emergency. The Agency shall reimburse the Redeveloper for the Agency's prorated share of maintenance costs as determined by the number of parking spaces on the Agency's leasehold estate as compared to the number of parking spaces maintained by the Redeveloper. [SEE ATTACHED] 10. Alterations. In the event that either prior to or during the term hereof any alteration, addition, or change to the Premises, or any portion thereof, is required by law or regulation or rule, the same shall be made by Agency, at Agency's sole cost and expense. Any alterations, RVPUB\DLH\567785 Attachment 7-5 additions or improvements made by Agency shall be diligently constructed, at no cost or expense to Redeveloper, in a good and workmanlike manner according to and in conformity with any laws, rules and regulations of all governmental bodies and agencies. Any alterations, additions, or improvements made by Agency shall be constructed so as not to adversely affect Redeveloper's access to the Fitness Center Building, property, or driveway. Any damage caused to the Fitness Center Building, property, driveway, or utility connections by Agency's construction shall be repaired by Agency at Agency's expense. Temporary repairs shall be made as necessary to allow the continued operation of the Fitness Center, provided that permanent repairs shall be made within a reasonable time thereafter. 11. Mechanics Liens. Agency agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Premises of a character that may result in liens on Redeveloper's estate therein, and Agency will keep the Premises free and clear of all mechanic's liens or other liens on account of work done or alleged to have been done by or for Agency or persons claiming under it. All construction to be performed by Agency or performed by or under Agency shall be performed without cost or expense to Redeveloper. Notwithstanding the above, Agency may contest the validity of any such mechanic's lien claim filed against the Premises or Redeveloper's estate therein. 12. Restrictions on Use. The Agency and the Redeveloper agree, in using the Site and the Premises, not to use or permit or suffer the Site or Premise to be used in any manner which would violate a license, permit or other governmental authorization which is required for the lawful use of all or any portion of the Site or the Premises. If any license, permit or other governmental authorizations required for the lawful use of the Site or the Premises, Redeveloper shall procure and maintain the same throughout the term of this Lease. 13. Utilities. Agency shall, at Agency's own expense, pay as additional rental for all sewer, telephone, gas, power, electric current and all other utilities used by or supplied to Agency or the Premises during the Lease Tenn. Redeveloper shall pay for all water supplied to the Premises during the Lease Term, unless Agency constructs an alteration or improvement on the Premises that requires a modification to the water system. In that event, Agency shall construct such alteration or improvement at Agency's expense and shall thereafter pay for all water supplied to the Premises. Agency shall also be responsible for the payment of all applicable City, county, or district sewer and water connection charges required in connection with the connection of the Premises or any improvements thereon to the City's sewage and water systems. The Premises and the Fitness Center Building property are currently served by a single electricity meter. The cost of electricity shall be apportioned between the Premises and the Fitness Center Building property according to electric current use, as estimated by the utility company. Alternatively, Agency may, at Agency's option and expense, have a separate electricity meter installed to service the Premises independently. 14. Casualty Damage. In the event the whole or part of the Premises or any improvements constructed thereon from time to time shall be damaged or destroyed by fire or other casualty, Agency shall not be obligated to restore any improvements constructed on the Premises before or after the Lease Commencement Date. RVPUB DLH\567785 Attachment 7-6 15. Right of Entry. Agency and the Redeveloper shall permit the other or its employees, agents or contractors to enter upon the Site and the Premises at any reasonable time to inspect the same and to carry on all maintenance as required under this Lease. 16. Taxes and Assessments. Redeveloper shall pay or cause to be paid all real or personal property taxes, general or special assessments, excises, impositions, levies and other charges of every description now or hereafter levied on, assessed against or otherwise imposed with respect to the Premises, this Lease, the Redeveloper's improvements located on the Premises, or the Redeveloper's personal property located on or in the Premises. The Agency shall pay all taxes (if any) associated with improvements placed upon the Premises by the Agency. 17. Assignments and Subletting. Subject to the Use Restrictions set forth in this Lease, in Sections 111.3 and 111.4, the Agency may transfer, assign or sublet voluntarily, involuntarily, directly or indirectly, Agency's interest under this Lease without the prior written consent of the Redeveloper. The foregoing notwithstanding, an assignment of the Agency's rights under this Lease shall be automatically permitted if the assignee is a governmental agency with general authority over public parking within the City of San Jacinto. Following any assignment, the Agency shall not be released from any of its obligations hereunder, except as expressly agreed to in writing by the Redeveloper, which shall not be unreasonably withheld. 18. Insurance. Agency will, at all times during the term of this Lease, take out and keep in force at its own expense: RVPUBTLH\567785 (i) Public liability insurance in the aggregate amount of not less than to protect the Agency and the Redeveloper, their officers, agents and employees against any liability to the public incident to the use of, or resulting from the installation, maintenance or use of the Premises, except for liability attributable to the negligence or wilful misconduct of the Redeveloper or its officers, employees, invitees, tenants, agents and contractors. (ii) Property damage liability insurance in the amount of not less than to protect the Agency and the Redeveloper and their officers, agents and employees against any liability for damage to property, including property of the Redeveloper, caused by or resulting from the installation, maintenance, or use of the Premises, except for liability attributable to the negligence or wilful misconduct of the Redeveloper, or its officers, employees, invitees, tenants, agents and contractors. Attachment 7-7 In lieu of maintaining the insurances policies described above, the Agency may maintain self-insurance or a combination of self-insurance and insurance policies, provided that the amount of self-insurance, or combined self-insurance and policies, meet the requirements of (i) and (ii) of this Section 18. 19. Indemnity 19.1 Agency agrees to indemnify, defend and hold Redeveloper and its officers, employees, agents and contractors harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss including attorney's fees, consultant's fees and expert's fees which arises or results from any negligent acts or omissions or wilful misconduct of the Agency in connection with the exercise of its rights under this Lease; provided, however, that such indemnification, defense and hold harmless obligations shall not apply to any of the foregoing which are the direct or indirect result of the negligence or wilful misconduct of the Redeveloper or its officers, employees, invitees, tenants agents, and contractors. 19.2 The Redeveloper agrees to indemnify, defend and hold the Agency and its elected officials, officers, employees, agents and contractors harmless from any claims, judgment, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or losses including attorney's fees, consultant's fees and expert's fees which arises as a result of the Redeveloper's breach of any of its obligations under this Lease; provided, however, that such defense, indemnification and hold harmless obligations shall not apply to any of the foregoing which are the direct or indirect result of the passive or active negligence or willful misconduct of the Agency or its officers, agents, employees or contractors. The Agency's and the Redeveloper's respective indemnification, defense and hold harmless obligations under this Section 19 shall survive the expiration or earlier termination of this Lease as to acts or omissions occurring prior to expiration or termination. IV. Option to Acquire Premises 1. General Terms of Option. 1.1 Definitions. For the purposes of this Section IV, the term "Optionor" shall mean the same as "Redeveloper" used elsewhere in this Lease. The term "Optionee" shall mean the same as "Agency" used elsewhere in this Lease. 1.2 Grant of Option. Optionor hereby grants Optionee an option to acquire the Premises ("Option") for the purchase price of ONE DOLLAR ($1.00) ("Purchase Price"), upon all of the terms, covenants, and conditions contained herein and pursuant to a commercially reasonable purchase and sale agreement and escrow instructions to be agreed upon by the parties in the event the Option is exercised. RVPUB\DLH\567785 Attachment 7-8 1.3 Option Period. This Option shall commence on the Lease Commencement Date and shall continue until the expiration of the Lease Term, but shall not be exercisable by Optionee until the date Optionee repays its loan from the Small Business Administration ("SBA") affecting the property covered by the DDA, of which the Premises is a part, whether such repayment is made at the end of the term of the SBA loan or by refinancing the SBA loan (the "Option Period"). 1.4 Consideration for Option. Concurrent with the execution of this Lease and the payment of the Rent hereunder, Optionee has paid to Optionor the amount of $1.00 for the first twelve (12) months of the Option Period, and Optionee shall pay Optionor, not later than each annual anniversary date of this Option, the amount of ONE DOLLAR ($1.00) for each succeeding twelve (12) month period during the Option Period. [SEE ATTACHED COVER LETTER] 1.5 Termination. In the event that (i) Optionee has not exercised the Option to acquire the Premises on or before 4:00 p.m. on the date the Option Period expires pursuant to Section 15.1.3 above, or (ii) the DDA or Lease is terminated for any reason, the Option may be terminated by Optionor by giving Optionee ( ) days advance notice. 2. Exercise of Option. In the event Optionee desires to exercise this Option and has performed all acts in the time and manner as required by the terms hereof, Optionee may exercise this Option by delivering written notice of election to Optionor on or before 4:00 p.m. on the day in which the Option Period would otherwise expire. 3. Termination. This Option may be terminated by Optionor pursuant to Section IV.1 .5 above. Notwithstanding the foregoing, at any time during the term of this Lease, Optionee may, at its sole discretion, elect to terminate this Option by delivering written notice of such election to Optionor, and upon Optionor's receipt of same, this Option shall terminate. Such termination shall not release Optionee from (i) Optionee's obligations to pay sums due and owing pursuant to the terms hereof up to and including the date of such termination, or (ii) Optionee's obligations under the DDA or the Lease. 4. Document to Remove Cloud. Although the Option granted hereby and all extensions thereof shall automatically terminate with respect to the Premises unless exercised and/or extended within the times provided for herein, or shall otherwise terminate as provided in Section IV.1.5 above, Optionee nonetheless in all events agrees to execute, acknowledge and deliver to Optionor within ten (10) days after Optionor's written request therefor, any quitclaim deed or other documents required by a reputable title company of Optionor's choice, which said title company might require to remove any cloud from the title of Optionor to the Premises that might arise as a result of the Option herein granted if such Option is not exercised prior to expiration or termination, or if Optionee defaults hereunder. If Optionee fails to deliver such quitclaim deed or other documents as herein required, Optionor shall have all rights and remedies granted by law or equity, including without limitation, filing suit against Optionee seeking consequential and incidental damages arising RVPUB\DLH\567785 Attachment 7-9 from Optionee's breach of this covenant, which covenant shall survive termination of this Agreement for any reason. 5. Entry and Investigation of Premises. 5.1 License to Enter. Because Optionee is also the Agency under this Lease, Optionee shall have possession of the Premises in accordance with the terms of the Lease and therefore has the right to be on the Premises. Optionor also hereby grants Optionee a license and to perform such engineering surveys, investigations, soils tests and other studies (collectively, hereinafter, "tests') as deemed necessary by Optionee. 5.2 Indemnity. Optionee hereby agrees to indemnify, and hold Optionor free and harmless from and against any and all losses, damages, liabilities, claims, causes of action, judgments, court costs and legal or other expenses (including attorneysfees) which Optionor may suffer or incur as a direct or indirect consequence of Optionee's exercise of the license granted pursuant to this Section 15.5. Optionee's duty to indemnify Optionor shall survive the exercise of the Option or the termination or lapse thereof 6. Condition of Property. 6.1. Disclaimer of Representations or Warranties. Should Optionee elect to exercise the Option to acquire the Premises, Optionee shall, upon the close of escrow, be deemed to have waived any and all objections to the physical characteristics and conditions of the Premises which would have been disclosed by reasonable inspection and inquiry. Optionee acknowledges that neither Optionor nor any of its ofofficers, ofofficials, employees, agents, or representatives has made any representations, warranties, or agreements to or with Optionee on behalf of Optionor as to any matters concerning the Premises, the present use thereof, or the suitability of Optionee's intended or contemplated use of the Premises, except as expressly set forth in this Lease. The foregoing disclaimer includes, without limitation, topography, climate, air, water rights, utilities, present and future zoning, soil, subsoil, the purpose to which the Premises is suited, drainage, access to public roads, proposed routes of roads or extensions thereof or the availability of governmental permits or approvals of any kind. Optionee represents and warrants to Optionor that it and its representatives and employees have made or shall make their own independent inspection and investigation of the Premises. Optionee further acknowledges and agrees that except for any representations and/or warranties made in this Option, the Premises is to be purchased, conveyed, and accepted by Optionee in its present condition, "AS -IS", "WHERE -IS," and that no patent or latent physical condition of the Premises, whether or not known or discovered, shall affect the rights of either party hereto. Optionee has investigated and has knowledge of operative or imposed governmental laws and regulations (including, but not limited to, zoning, environmental, hazardous waste, and land use laws and regulations) to which the Premises may be subject, and is acquiring the Premises on the basis of its review and determination of the application and effect of such laws and regulations. Optionee has neither received nor relied upon any representations concerning such laws and regulations made by Optionor, Optionor's officers, officials, employees, agents, or any other person acting on the behalf RVPUB \DLI P567785 Attachment 7-1 0 of Optionor except as set forth in this Option. Any agreements, warranties or representations not expressly contained in this Option shall in no way bind Optionor. 6.2 Cooperation by Optionor. Optionee understands that at the time this Option may be exercised, the Premises shall have been in the possession of Optionee pursuant to the Lease. However, Optionor agrees to cooperate with Optionee during the term of this Option by providing Optionee, at Optionee's request, with copies of all public records known by Optionee to be in the possession of Optionee relating to the Premises. 7. Broker's Fee. Each party represents and warrants to the other that it has not employed any broker or finder with respect to this Option. Each party agrees to indemnify, defend, and hold the other harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees and expert witness fees and court costs, resulting from any claims or fees or commissions resulting from any acts or omissions of the indemnifying party. 8. Assignment. Optionee shall have no right to assign the Option herein granted or any right or privilege Optionee might have in the Option or extension thereof, if any, by operation of law or otherwise, without the prior written consent of Optionor, which consent shall not be unreasonably withheld. Any attempt by Optionee to make an assignment other than with the prior written consent of Optionor shall be null and void and shall automatically terminate the Option. Optionor's consent to an assignment by Optionee shall not relieve Optionee from its obligations under this Lease. 9. No Withholding Because Non -Foreign Seller. Optionor represents and warrants to Optionee that it is not, and as of the close of escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 and that it will deliver to Optionee on or before the close of escrow a non -foreign affidavit on escrow holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder. 10. Covenant Against Discrimination. Optionee covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Option. 11. No Partnership Created. The relationship of Opti onor and Optionee hereunder is that of Optionor and Optionee only, and none of the provisions of this Option are intended to or do create a partnership or joint venture or relationship other than as Optionor and Optionee. V. Miscellaneous Provisions 1. Surrender of Public Parking Lot. At the expiration of the term of this Lease or any sooner termination of this Lease, the Agency shall quit and surrender possession of the Public RVPUB \DLI-1\567785 Attachment 7-11 Parking Lot and its appurtenances in as good an order and condition as the Public Parking Lot was delivered to the Agency, reasonable wear and tear by use and damage by the elements excepted. 2. Holding Over. In the event Agency shall hold over the Premises after the expiration of the Lease Term with the consent of Redeveloper either express or implied including, without limitation, a hold over by a subagency, such holding over shall be construed to be only a tenancy from month to month, subject to all the covenants, conditions and obligations hereof, and Agency hereby agrees to pay Redeveloper. [INSERT TERMS FOR HOLDOVER] 3. Waiver. No waiver of any default on any one or more occasions shall constitute a waiver of any other breach or default, whether of the same or of any other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by any party shall give any other party any contractual right by custom, estoppel or otherwise. 4. Notices. All notices required or allowed under this Lease shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To Agency: The Redevelopment Agency of the City of San Jacinto Attn: Development Director 201 East Main Street San Jacinto, CA 92583 Copy To: Best Best & Krieger LLP Attn: Kevin K. Randolph 3750 University Avenue, Suite 400 Riverside, CA 92501 To Redeveloper: Fun Properties, LLC Copy To: Notice shall be deemed received as follows, depending upon the method oftransmittal: by facsimile, as ofthe date and time sent; by messenger, as ofthe date delivered; and by United States mail, certified return receipt requested, as of 72 hours after deposit in United States mail. RVPUB \DLH \ 567785 Attachment 7-12 5. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions ofthis Lease shall continue in full force and effect. 6. Time is of the Essence. Time is of the essence in this Lease and both parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. 7. Attorney's Fees and Costs. If any legal action or other proceeding is brought for the enforcement or defense of this Lease, or because of any alleged dispute, breach, default or misrepresentation in connection with any provision ofthis Lease, the prevailing party shall be entitled to recover its reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. Fees and costs recoverable pursuant to this Section include reasonable attorney's fees, fees of consultants, experts, para-professionals and others reasonably necessary to the prosecution or defense of such action, including costs and fees incurred during the enforcement of any judgment or on appeal. Fees and costs recoverable pursuant to this section shall survive entry of judgment in the action and may be recovered as an element of costs in the action or in a separate recovery action. 8. Governing Law and Venue. This Lease shall be construed in accordance with and governed by the laws of the State of California. Any action or proceeding brought to interpret or enforce this Lease shall be brought in the appropriate court in Riverside County, State of California. Each party to this Lease hereby waives the benefit of any provision of law providing for a change of venue to any other court due to the fact that the Agency or City is or may be a party to such action or proceeding. Without limiting the generality of the foregoing, the Redeveloper expressly waives the provisions ofCalifomia Code ofCivil Procedure section 394 and all other similar statutes or judicial decisions. 9. Entire Agreement; Product of Arms Length Negotiations. This written document contains the entire agreement of the Redeveloper and the Agency and supersedes any prior oral or written statements or agreements between the parties. No supplement, modification or amendment of this Lease shall be binding unless approved by the Agency's governing board and executed by the appropriate authorities of the Agency and the Redeveloper. The foregoing notwithstanding, the Agency's Executive Director is hereby authorized on behalf of the Agency to make minor, non -substantive amendments to this Lease with the concurrence of the Agency's legal counsel. 10. Binding on Assigns. Subject to the provisions of this Lease with regard to assignment, each and all ofthe covenants and conditions of this Lease shall be binding upon and shall inure to the benefit of the heirs, successors, executives, administrators, assigns and personal representatives of the respective parties. RVPUISOLI-1\ 567785 Attachment 7-13 11. Counterparts. This Lease may be signed in counterparts, each of -hich shall constitute an original and which collectively shall constitute one instrument. 12. Product of Arms Length Negotiations. This Lease is the product of mutual arms length negotiations in which both the Agency and the Redeveloper have been represented by legal counsel. Accordingly, the rule of judicial construction which provides that ambiguities in a document are to be construed against the drafter of that document shall have no application to the interpretation or enforcement of this Lease. In any action to interpret or enforce this Lease, the finder of fact that may entertain such extrinsic evidence not in direct conflict with any provision of this Lease as necessary to ascertain and give effect to the intent of the parties hereto. 13. Eminent Domain. If any portion of the Premises is taken by eminent domain and a portion remains which is usable by the Agency for the purposes set forth in Section 111.4, this Lease shall, as to the part taken, terminate without further liability or obligation on the part of the Redeveloper or the Agency as of the date title shall vest in the condemnor, or the date pre -judgment possession is obtained through a court of competent jurisdiction, whichever is earlier. However, in such event, the Redeveloper reserves the right to terminate this Lease without further liability or obligation on the part of the Redeveloper or the Agency as of the date when title to the part taken vests in the condemnor or of such date of pre -judgment possession, whichever is earlier. If the entire Premises is taken by eminent domain, or such portion is taken so that the Premises is rendered unusable for the purposes set forth in Section III.4, this Lease shall automatically terminate without further liability or obligation on the part of either the Agency or the Redeveloper. 14. Force Majeure. If either party is delayed, prevented or hindered from the performance of any covenant or condition of this Lease because of acts of the other party, Acts of God, adverse weather conditions not reasonably anticipated, war, invasion, insurrection, acts of a public enemy, riot, mob violence, civil commotion, sabotage, labor disputes, inability to procure or general shortage of labor, materials, facilities, equipment or supplies on the open market, unusual delay in transportation, laws, rules, regulations or orders of governmental or military authorities, or any other cause beyond the reasonable control of the parties so obligated, whether similar or dissimilar to the foregoing, financial inability excepted, such performance shall be excused for the period of the delay, and the period for such performance shall be extended for a period equivalent to the period of such delay. 15. Cooperation. Redeveloper agrees to join in any application for governmental permits and authorizations required in connection with Agency's construction of improvements including, but not limited to, building permits and certificates of occupancy. Agency agrees that any and all costs incurred in connection therewith shall be paid by Agency. Except when the words "sole" and/or "absolute" are used herein, at any time the consent of Redeveloper or Agency is required, such consent shall not be unreasonably withheld, delayed or conditioned. Wherever the Lease grants to Redeveloper or Agency the right to take action, exercise discretion, establish rules and regulations or make allocations or other determinations, except as otherwise provided herein, Redeveloper and RVPUB\DLII\ 567785 Attachment 7-14 Agency shall act reasonably and in good faith and not take action which might result in the frustration of the other party's reasonable expectations concerning the benefits to be enjoyed under this Lease. 16. Recordation. No later than ten (10) days following the Lease Commencement Date, the Agency shall cause a copy of this Lease, including all attachments hereto, to be recorded with the County Recorder of the County of Riverside. From and after the date of such recordation, the Lease shall impart such notice thereof to all persons as is afforded by the recording laws of California. 17. Authority of Redeveloper. In the event that Agency is a corporation or a partnership, each individual executing this Lease on behalf of said corporation or partnership represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the bylaws of said corporation, or said partnership, and that this Lease is binding upon said corporation or partnership. Each individual executing this Lease on behalf of Redeveloper represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of Redeveloper in accordance with the Partnership Agreement of Redeveloper and that this Lease is binding upon Redeveloper. 18. Officers and Employees. 18.1. Non -liability of Officers and Employees. No officer, official, agent, contractor, or employee of Agency shall be personally liable to Redeveloper, or any successor in interest, in the event of any default or breach by Agency or for any amount which may become due to Redeveloper or to its successor, or for breach of any obligation of the terms of this Lease. If the Redeveloper is a corporation or limited liability company, no official, agent, contractor, or employee of Redeveloper shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by Redeveloper or for any amount which may become due to Agency or to its successor, or for breach of any obligation of the terms of this Lease. 18.2 Conflict of Interest. No officer or employee ofAgency shall have any financial interest, direct or indirect, in this Lease nor shall any such officer or employee participate in any decision relating to this Lease which affects the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. 19. Non -Discrimination. There shall be no discrimination against or segregation of any person or group of persons on account of race, color creed, religion, sex, marital status, handicap, age, ancestry or national original in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises herein leased nor shall the Agency, or any person claiming under or through Agency, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of Agency's, lessees, sublessees, subtenants or vendees of the Premises herein leased. RVPUBVDLHy567785 Attachment 7-15 20. Estoppel Certificate. Lessee shall, at any time upon not less than ten (10) days' prior written notice from Lessor, execute, acknowledge and deliver to Lessor, or as Lessor may direct, a statement in writing in a form reasonably acceptable to Lessor and Lessee. Any such statement may be conclusively relied upon by any prospective purchaser, assignee or encumbrancer of the interest of Lessor in and to the Premises, this Lease and/or the rentals accruing hereunder. 21. No Third Party Beneficiaries. The performance of the Lessee's and the Lessor's respective obligations under this Lease is not intended to benefit any party other than the Lessor and/or the Lessor, except as expressly provided otherwise herein. No person or entity not a signatory to this Lease shall have any rights or causes of action against any party to this Lease as a result ofthat party's performance or non-performance under this Lease except as expressly provided otherwise herein. 22. Interpretation. The Lessee and Lessor acknowledge that this Lease is the product of mutual arms -length negotiation and drafting and that each party has been represented by legal counsel in the negotiation and drafting of this Lease. Accordingly, the rule, the rule of construction which provides that the ambiguities in a document shall be construed against the drafter ofthat document shall have no application to the interpretation and enforcement ofthis Lease. In any action or proceeding to interpret or enforce this Lease, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Lease to determine and give effect to the intention of the Lease and the Lessor. 23. Jurisdiction and Venue. Any legal action or proceeding concerning this Lease shall be filed and prosecuted in the appropriate California state court in the County of Riverside, California. Each party irrevocably consents to the personal jurisdiction of that court. RVPUBOLH \567785 [Signatures on following pages] Attachment 7-16 REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, a public body, corporate and politic Date Chairperson ATTEST: Agency Secretary APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP John E. Brown Agency Counsel RVPUBTLH\567785 Attachment 7-1 7 FUN PROPERTIES, LLC, a California Limited Liability Company Robert E. Osborne Title: William Carlson Title: Jay McNabney Title: Stcve-ChubicRichard Anthony Title: Marie Anthony Title: [END OF SIGNATURES] [NEED CORRECT FORM OF REDEVELOPER SIGNATURE BLOCK, CERTIFICATE OF INCUMBENCY AND AUTHORIZING RESOLUTION] RVPUB\DLH\567785 Attachment 7-1 8 RVPUBTLH\567785 EXHIBIT A TO PARKING LOT LEASE LEGAL DESCRIPTION OF PROPERTY [To be attached] Exhibit A RVPUB\DLI-1\567785 EXHIBIT B TO PARKING LOT LEASE SITE MAP SHOWING LOCATION OF PUBLIC PARKING LOT AND DESIGNATED PARKING SPACES [To be attached] Exhibit B NMI I ..•••MMILOSID••••••••• • *WO IP WI, •111•••••••••• Sll% • • OUP 001••••••44•11111 MP* lOio•Re saamakoses • • glow %%% • IP • 0111411104110611 WO • ••••••••• • 11..,• MAIO Of 1.40 INIIMPIIMINNP• V 1101111F *SSE WI •110416080.1 41••• semi imams %a • es v.- -.61110011111111m ellitol••••11.. Oft 111 Wee OUTDOOR RINK • • •Illior • r • • • •.‘ • • w • .11 • • • r. ATTACHMENT NO. 8 GUARANTY (OSBORNE) THIS GUARANTY is made and entered into this day of , 2000, by and between ROBERT E. OSBORNE, an individual ("Guarantor"), and SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic ("Lender"), and is based upon the following facts: A. Lender has agreed to make a loan in the principal amount of Three Hundred Seventy- nine Thousand Eight Hundred Eighty -One Dollars and Forty-four Cents ($379,881.44) (the "Loan Amount") to FUN PROPERTIES, LLC, a California limited liability company ("Borrower"), for the purpose of assisting the development of a fitness center, as set forth in that certain Disposition and Development Agreement between Lender and Borrower, dated February 7, 1995, and amended , 2000 (the "DDA"). Except as otherwise provided, all defined terms set forth in the DDA that are used in this Guaranty shall have the same meaning as in the DDA. B. Pursuant to the DDA, the Loan is evidenced by a Promissory Note ("Amended Note") secured by a subordinated deed of trust with assignment of rents ("Amended Deed of Trust"), each executed by Borrower in favor of Lender in the amount of Three Hundred Seventy-nine Thousand Eight Hundred Eighty -One Thousand Dollars and Forty-four Cents ($379,881.44). C. Pursuant to the DDA, each of the four partners/principals of Guarantor agreed to execute a personal guaranty securing repayment of the Loan Amount to Lender. Notwithstanding the Amended Deed of Trust, Guarantor hereby agrees to guarantee repayment to Lender ofthe Amended Note in the event Borrower fails to repay the Loan Amount and interest thereon in accordance with the Amended Note, or any installment payment due on such Loan Amount and applicable interest, within the times required by the Amended Note. THEREFORE, in consideration of the making of the Loan to Borrower by Lender as forth in the above Recitals, Guarantor hereby agrees with Lender as follows: 1. Guarantor guarantees to Lender, upon written notice from Lender, prompt and punctual payment to Lender in full of the outstanding principal balance and all accrued interest due under the Amended Note. Guarantor hereby acknowledges the DDA and its terms and the Amended Note and its terms. Guarantor further acknowledges that Lender and Borrower have entered or may have entered into such other or further agreements pertaining to the Project, and that Guarantor hereby acknowledges and accepts, and waives notice of and consent to, any of such other or further agreements between Lender and Borrower pertaining to the Project. 2. Lender need not take any action against Borrower or any other person, firm, or corporation, or resort to any security held by it at any time before proceeding to enforce the obligations of Guarantor pursuant to this Guaranty. Guarantor hereby waives the protection of, and RVPUl3\DLH\567785 Attachment 8-1 any right to assert, in any action brought on this Guaranty or otherwise, the provisions of California Civil Code 2810, 2819, 2845, 2849, 2850, and any other provisions of law purporting to benefit guarantors or sureties. In addition, Guarantor expressly waives (a) notice of the acceptance of this Guaranty by any person, (b) notice of the amount of indebtedness under the Amended Note now existing or which may hereafter exist, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice of protest, and notice of dishonor on the Amended Note or any obligation covered by this Guaranty, (d) notice of assignment, transfer, or negotiation of the Amended Note, and (e) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 3. Guarantor hereby expressly waives (a) any right to require Lender, as a condition precedent to the enforcement of this Guaranty, to exhaust the security for payment of the Amended Note by foreclosure proceedings, or otherwise, or to pursue any other rights or remedies which Lender has or hereafter may have against Borrower, any other guarantor, or any other maker or subsequent endorser of the Amended Note, it being agreed by Guarantor that this Guaranty is an absolute guaranty of payment and not of collection and that the liability of Guarantor hereunder is direct and unconditional, (b) any defense to the enforcement ofthis Guaranty based upon the fact that the real property described in the Amended Deed of Trust was foreclosed upon by a trustee's foreclosure sale, thereby destroying any subrogation rights of the Guarantor, any right of Guarantor to proceed against Borrower or any other make or subsequent endorser of the Amended Note (California Code of Civil Procedure 5980d), and (c) any defense to the enforcement of this Guaranty based upon the fact that the Amended Note and Amended Deed of Trust were given to Lender as the vendor to secure payment of the balance of the purchase price of the real property covered by the Amended Deed of Trust and that real property covered by the Amended Deed of Trust and that Guarantor may not proceed against Borrower or any other maker or subsequent endorser of the Amended Note by subrogation or otherwise due to the anti -deficiency protection of the Borrower provided by California Civil Procedure 580b. 4. Until all of the obligations guaranteed hereby have been paid in full, Guarantor shall not have any right of subrogation unless it is expressly given to it in writing by Lender. 5. In the event of a default in the performance of the obligations of Borrower guaranteed hereby, all existing or future indebtedness of Borrower and any other maker or subsequent endorser ofthe Amended Note to Guarantor is hereby subordinated to all ofthe obligations guaranteed hereby, and without the prior written consent of Lender, Guarantor shall not accept payments on such indebtedness. Each payment to Guarantor by Borrower and any other maker or subsequent endorser of the Amended Note in violation of this Section 5 shall be deemed to have been received by Guarantor as trustee for Lender and shall be paid by Guarantor to Lender immediately on account of all indebtedness evidenced by the Amended Note or secured by the Amended Deed of Trust. 6. Liability of Guarantor hereunder shall continue notwithstanding, and shall be unaffected by (a) a change of ownership or legal title to the property described in the Amended Deed of Trust, whether effected with or without the consent of Lender, (b) the filing of a bankruptcy, RVPUB\DLH\567785 Attachment 8-2 insolvency or similar proceeding by or against Borrower or any other person or entity, or (c) the incapacity, death, disability, dissolution, or termination of Guarantor, Borrower, or any other person or entity. Guarantor may be released from liability hereunder upon the transfer of Guarantor's interest in Borrower, provided that (a) Lender approves such release in writing, and (b) Guarantor's successor -in -interest executes a guaranty assuming all of Guarantor's liabilities under this Guaranty. 7. The failure by Lender to file or enforce a claim against the estate (either in administration, bankruptcy, or other proceedings) of Guarantor, Borrower, or any other persons, shall not affect the liability of Guarantor hereunder if recovery from Borrower or any other person becomes barred by the statute of limitations or is otherwise prevented. If the maturity of any obligation guaranteed hereby is accelerated, by bankruptcy or otherwise, that maturity shall also be accelerated for purposes of this Guaranty, and without demand or notice to Guarantor. 8. Guarantor waives and agrees not to exercise or take advantage of the defense of the statute of limitations in any action hereunder or for the enforcement, collection, or payment of any obligation guaranteed hereby. 9. Guarantor agrees to file all claims against Borrower in any bankruptcy or other proceedings in which the filing of claims is required by law on any indebtedness of Borrower and will assign to Lender all of its rights thereunder. If Guarantor does not file any such claims, Lender, as the attorney -in -fact of Guarantor, is hereby authorized to do so in the name of Guarantor, or, in the discretion of Lender, to assign the claim to, and cause proof of claim to be filed in, the name of Lender's nominee. In all such cases, whether in administration, bankruptcy, or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount payable on the claim in the proceeding before making any payment to Guarantor and, to the extent necessary for that purpose, Guarantor assigns to Lender all of its right to any payment or distributions to which Guarantor would otherwise be entitled. If the amount so paid is greater than the obligations of Guarantor to Lender pursuant to this Guaranty, Lender will pay the amount of the excess to the party entitled thereto. 10. In the event of a default in the performance of any of the obligations of Borrower guaranteed hereby, Lender may maintain an action upon this Guaranty, whether the Borrower is joined therein or whether or not a separate action is brought against Borrower. The rights of Lender hereunder are cumulative and shall not be exhausted by the exercise of any of its rights hereunder, or otherwise, against Guarantor, or any security given for this Guaranty or by any number of successive actions until and unless all obligations hereby guaranteed have been performed and each of the obligations of guarantor hereunder have been fully performed. 11. If one or more individuals are guarantors, the obligations of each shall be joint and several and may be enforced by action against any one of said persons or entities without the necessity of joining the other of such persons in such action. If the obligations guaranteed hereby are in any manner guaranteed by any other person, expressly or by endorsement of the Amended Note, or otherwise, the obligation of such other person and the obligations guaranteed hereunder shall be RVPUB`,DLH`567785 Attachment 8-3 deemed to be several, and the release by Lender of any other such person, or settlement with such person, or the revocation or impairment of any other agreement or guaranty providing for the assumption by any other person of the obligations of Borrower shall not operate to prejudice Lender's rights against Guarantor hereunder. 12. In the event that any action, suit, or other proceeding is brought to enforce the obligations of Guarantor under this Guaranty, the prevailing party shall be entitled to receive all of such party's costs and expenses of suit, including reasonable attorneysfees, expert witness fees, and costs of investigation and discovery, incurred in each and every such action, suit, or other proceeding, including any and all appeals or petitions therefrom. to mean the full and actual cos-t of any legal stn.-vim actually performed in connection with the court. 13. This Guaranty shall inure to the benefit of Lender and its successors and assigns, and a notice of assignment, transfer, or negotiation of the Amended Note and Amended Deed of Trust is expressly waived by Guarantor. 14. This Guaranty has been made and entered into in the State of California and the laws of said state shall govern the validity and interpretation thereof Whenever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, although if any provision of this Guaranty shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such, or the remaining provisions of this Guaranty. Any action brought to enforce or interpret the obligations evidenced by this Guaranty shall be brought in the Superior Court for the County of Riverside, State of Califomia. 15. Guarantor hereby waives (a) notice of the acceptance of this Guaranty by any person or entity, (b) notice of the amount of indebtedness under the Amended Note or any change in said amount, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice of protest, and notice of dishonor on any obligation, and (d) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 16. Formal notices, demands, and communications between Lender and Guarantor shall be given either by (i) personal service, (ii) delivery by reputable document delivery service that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: RVPUBOLFR567785 Attachment 8-4 To Lender: Copy to: Guarantor: Copy to: San Jacinto Redevelopment Agency 201 East Main Street San Jacinto, CA 92583 Attn: Executive Director Best Best & Krieger LLP 3750 University Avenue Suite 400 Riverside, CA 92502-1028 Attn: John E. Brown Robert E. Osborne c/o Osborne Development Corp 30001 Comercio Rancho Santa Margarita, CA 92688 Notices delivered by personal delivery or by document delivery service shall be effective upon receipt. Mailed notices shall be effective on the earlier of (i) actual receipt, or (ii) at Noon on the third business day following deposit with the United States Postal Service; provided, however, that refusal to accept delivery after reasonable attempts thereto shall constitute receipt. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by delivery of notice in accordance with the provisions hereof. 17. This instrument and the agreements contained herein may be amended or modified only by an instrument of equal formality, signed by the parties hereto or their duly authorized agents or representatives. 18. Representations and Covenants of the Guarantor. The Guarantor represents and warrants to Lender that: (a) the Guarantor has received and approved a copy of the Amended Note, Amended Deed of Trust and the DDA; (b) no oral promises, assurances, representations or warranties have been made by or on behalf of Lender to induce the Guarantor to execute and deliver this Guaranty; (c) the Guarantor has received reasonably equivalent value in return for its execution and delivery of this Guaranty; (d) the Guarantor is not insolvent nor will the Guarantor become insolvent as a result ofthe execution and delivery of this Guaranty; (e) the execution, delivery and performance of this Guaranty does not and will not require any authorization or approval which has not been obtained by official action of Guarantor prior to or concurrently with the acceptance hereof or contravene anv applicable laws or other requirements or anv agreement or restriction bindin on or affecting Guarantor or its properties; f) this Guaranty when executed and delivered by Guarantor, will constitute the legal, valid and binding obligation of Guarantor, enforceable against Guarantor in RVPUB''DLH\567785 Attachment 8-5 accordance with its terms, except as enforcement may be limited by outstanding bonded indebtedness, bankruptcy.insolvency or other similar laws affecting the rights of creditors genera11y• except as otherwise disclosed in writing to Lender. no actions or other proceedings are pending or. to the best knowledge of Guarantor, threatened a. ainst or affecting Guarantor or any of its pro 'lefties which, if determined adversely, could materially impair the financial condition, operations.properties or prospects of Guarantor or the ability of Guarantor to perform its obligations under this Guaranty IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the date and year first above written. RVPUB\DLH\567785 GUARANTOR: ROBERT E. OSBORNE [END OF SIGNATURES] Attachment 8-6 STATE OF CALIFORNIA COUNTY OF On , 2000, before me, the undersigned notary public, personally appeared 0 personally known to me OR 0 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. WITNESS my hand and official seal. Signature of Notary Public RVPLIBTLH\ 567785 Attachment 8-7 CAPACITY CLAIMED BY SIGNER: LIJ Individual(s) Corporate Officer(s) LI Partner(s) El Attorney -in -Fact LI Trustee(s) ID Subscribing Witness 0 Guardian/Conservator ID Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RVPUBTLII\567785 ATTACHMENT NO. 9 TO FIRST AMENDMENT TO FUN DDA GUARANTY (CARLSON) [SEE FOLLOWING PAGES] Attachment 9-1 ATTACHMENT NO. 9 GUARANTY (CARLSON) THIS GUARANTY is made and entered into this day of , 2000, by and between WILLIAM CARLSON, an individual ("Guarantor"), and SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic ("Lender"), and is based upon the following facts: A. Lender has agreed to make a loan in the principal amount of Three Hundred Seventy- nine Thousand Eight Hundred Eighty -One Dollars and Forty-four Cents ($379,881.44) (the "Loan Amount") to FUN PROPERTIES, LLC, a California limited liability company ("Borrower"), for the purpose of assisting the development of a fitness center, as set forth in that certain Disposition and Development Agreement between Lender and Borrower, dated February 7, 1995, and amended , 2000 (the "DDA"). Except as otherwise provided, all defined terms set forth in the DDA that are used in this Guaranty shall have the same meaning as in the DDA. B. Pursuant to the DDA, the Loan is evidenced by a Promissory Note ("Amended Note") secured by a subordinated deed of trust with assignment of rents ("Amended Deed of Trust"), each executed by Borrower in favor of Lender in the amount of Three Hundred Seventy-nine Thousand Eight Hundred Eighty -One Thousand Dollars and Forty-four Cents ($379,881.44). C. Pursuant to the DDA, each of the four partners/principals of Guarantor agreed to execute a personal guaranty securing repayment of the Loan Amount to Lender. Notwithstanding the Amended Deed of Trust, Guarantor hereby agrees to guarantee repayment to Lender of the Amended Note in the event Borrower fails to repay the Loan Amount and interest thereon in accordance with the Amended Note, or any installment payment due on such Loan Amount and applicable interest, within the times required by the Amended Note. THEREFORE, in consideration of the making of the Loan to Borrower by Lender as forth in the above Recitals, Guarantor hereby agrees with Lender as follows: 1. Guarantor guarantees to Lender, upon written notice from Lender, prompt and punctual payment to Lender in full of the outstanding principal balance and all accrued interest due under the Amended Note. Guarantor hereby acknowledges the DDA and its terms and the Amended Note and its terms. Guarantor further acknowledges that Lender and Borrower have entered or may have entered into such other or further agreements pertaining to the Project, and that Guarantor hereby acknowledges and accepts, and waives notice of and consent to, any of such other or further agreements between Lender and Borrower pertaining to the Project. 2. Lender need not take any action against Borrower or any other person, firm, or corporation, or resort to any security held by it at any time before proceeding to enforce the obligations of Guarantor pursuant to this Guaranty. Guarantor hereby waives the protection of, and RVPUB'\DLH\567785 Attachment 9-1 any right to assert, in any action brought on this Guaranty or otherwise, the provisions of California Civil Code 2810, 2819, 2845, 2849, 2850, and any other provisions of law purporting to benefit guarantors or sureties. In addition, Guarantor expressly waives (a) notice of the acceptance of this Guaranty by any person, (b) notice of the amount of indebtedness under the Amended Note now existing or which may hereafter exist, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice of protest, and notice of dishonor on the Amended Note or any obligation covered by this Guaranty, (d) notice of assignment, transfer, or negotiation of the Amended Note, and (e) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 3. Guarantor hereby expressly waives (a) any right to require Lender, as a condition precedent to the enforcement of this Guaranty, to exhaust the security for payment of the Amended Note by foreclosure proceedings, or otherwise, or to pursue any other rights or remedies which Lender has or hereafter may have against Borrower, any other guarantor, or any other maker or subsequent endorser of the Amended Note, it being agreed by Guarantor that this Guaranty is an absolute guaranty of payment and not of collection and that the liability of Guarantor hereunder is direct and unconditional, (b) any defense to the enforcement of this Guaranty based upon the fact that the real property described in the Amended Deed of Trust was foreclosed upon by a trustee's foreclosure sale, thereby destroying any subrogation rights of the Guarantor, any right of Guarantor to proceed against Borrower or any other make or subsequent endorser of the Amended Note (California Code of Civil Procedure 5980d), and (c) any defense to the enforcement of this Guaranty based upon the fact that the Amended Note and Amended Deed of Trust were given to Lender as the vendor to secure payment of the balance of the purchase price of the real property covered by the Amended Deed of Trust and that real property covered by the Amended Deed of Trust and that Guarantor may not proceed against Borrower or any other maker or subsequent endorser of the Amended Note by subrogation or otherwise due to the anti -deficiency protection of the Borrower provided by California Civil Procedure 580b. 4. Until all of the obligations guaranteed hereby have been paid in full, Guarantor shall not have any right of subrogation unless it is expressly given to it in writing by Lender. 5. In the event of a default in the performance of the obligations of Borrower guaranteed hereby, all existing or future indebtedness of Borrower and any other maker or subsequent endorser of the Amended Note to Guarantor is hereby subordinated to all of the obligations guaranteed hereby, and without the prior written consent of Lender, Guarantor shall not accept payments on such indebtedness. Each payment to Guarantor by Borrower and any other maker or subsequent endorser of the Amended Note in violation of this Section 5 shall be deemed to have been received by Guarantor as trustee for Lender and shall be paid by Guarantor to Lender immediately on account of all indebtedness evidenced by the Amended Note or secured by the Amended Deed of Trust. 6. Liability of Guarantor hereunder shall continue notwithstanding, and shall be unaffected by (a) a change of ownership or legal title to the property described in the Amended Deed of Trust, whether effected with or without the consent of Lender, (b) the filing of a bankruptcy, RVPUB\DLIE567785 Attachment 9-2 insolvency or similar proceeding by or against Borrower or any other person or entity, or (c) the incapacity, death, disability, dissolution, or termination of Guarantor, Borrower, or any other person or entity. Guarantor may be released from liability hereunder upon the transfer of Guarantor's interest in Borrower, provided that (a) Lender approves such release in writing, and (b) Guarantor's successor -in -interest executes a guaranty assuming all of Guarantor's liabilities under this Guaranty. 7. The failure by Lender to file or enforce a claim against the estate (either in administration, bankruptcy, or other proceedings) of Guarantor, Borrower, or any other persons, shall not affect the liability of Guarantor hereunder if recovery from Borrower or any other person becomes barred by the statute of limitations or is otherwise prevented. If the maturity of any obligation guaranteed hereby is accelerated, by bankruptcy or otherwise, that maturity shall also be accelerated for purposes of this Guaranty, and without demand or notice to Guarantor. 8. Guarantor waives and agrees not to exercise or take advantage of the defense of the statute of limitations in any action hereunder or for the enforcement, collection, or payment of any obligation guaranteed hereby. 9. Guarantor agrees to file all claims against Borrower in any bankruptcy or other proceedings in which the filing of claims is required by law on any indebtedness of Borrower and will assign to Lender all of its rights thereunder. If Guarantor does not file any such claims, Lender, as the attorney -in -fact of Guarantor, is hereby authorized to do so in the name of Guarantor, or, in the discretion of Lender, to assign the claim to, and cause proof of claim to be filed in, the name of Lender's nominee. In all such cases, whether in administration, bankruptcy, or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount payable on the claim in the proceeding before making any payment to Guarantor and, to the extent necessary for that purpose, Guarantor assigns to Lender all of its right to any payment or distributions to which Guarantor would otherwise be entitled. If the amount so paid is greater than the obligations of Guarantor to Lender pursuant to this Guaranty, Lender will pay the amount of the excess to the party entitled thereto. 10. In the event of a default in the performance of any of the obligations of Borrower guaranteed hereby, Lender may maintain an action upon this Guaranty, whether the Borrower is joined therein or whether or not a separate action is brought against Borrower. The rights of Lender hereunder are cumulative and shall not be exhausted by the exercise of any of its rights hereunder, or otherwise, against Guarantor, or any security given for this Guaranty or by any number of successive actions until and unless all obligations hereby guaranteed have been performed and each of the obligations of guarantor hereunder have been fully performed. 11. If one or more individuals are guarantors, the obligations of each shall be joint and several and may be enforced by action against any one of said persons or entities without the necessity of joining the other of such persons in such action. If the obligations guaranteed hereby are in any manner guaranteed by any other person, expressly or by endorsement of the Amended Note, or otherwise, the obligation of such other person and the obligations guaranteed hereunder shall be RVPUB\DLH\567785 Attachment 9-3 deemed to be several, and the release by Lender of any other such person, or settlement with such person, or the revocation or impairment of any other agreement or guaranty providing for the assumption by any other person of the obligations ofBorrower shall not operate to prejudice Lender's rights against Guarantor hereunder. 12. In the event that any action, suit, or other proceeding is brought to enforce the obligations of Guarantor under this Guaranty, the prevailing party shall be entitled to receive all of such party's costs and expenses of suit, including reasonable attorneys' fees, expert witness fees, and costs of i nvestigation and discovery, incurred in each and every such action, suit, or other proceeding, including any and all appeals or petitions therefrom. A-s-trsed-herefrattrimeysLfers-shall+e—cleemed 13. This Guaranty shall inure to the benefit of Lender and its successors and assigns, and a notice of assignment, transfer, or negotiation of the Amended Note and Amended Deed of Trust is expressly waived by Guarantor. 14. This Guaranty has been made and entered into in the State of California and the laws of said state shall govern the validity and interpretation thereof Whenever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, although if any provision of this Guaranty shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such, or the remaining provisions of this Guaranty. Any action brought to enforce or interpret the obligations evidenced by this Guaranty shall be brought in the Superior Court for the County of Riverside, State of California. 15. Guarantor hereby waives (a) notice of the acceptance of this Guaranty by any person or entity, (b) notice of the amount of indebtedness under the Amended Note or any change in said amount, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice of protest, and notice of dishonor on any obligation, and (d) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 16. Formal notices, demands, and communications between Lender and Guarantor shall be given either by (i) personal service, (ii) delivery by reputable document delivery service that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: RVPUB,DLI-F567785 Attachment 9-4 To Lender: Copy to: Guarantor: San Jacinto Redevelopment Agency 201 East Main Street San Jacinto, CA 92583 Attn: Executive Director Best Best & Krieger LLP 3750 University Ave. Riverside, CA 92502-1028 Attn: John E. Brown s oinc c/o Osborne Development Corp 30001 Comcrcio -----Rancho-Santa-Margarita,-C—A-9268$ Copy to: Notices delivered by personal delivery or by document delivery service shall be effective upon receipt. Mailed notices shall be effective on the earlier of (i) actual receipt, or (ii) at Noon on the third business day following deposit with the United States Postal Service; provided, however, that refusal to accept delivery after reasonable attempts thereto shall constitute receipt. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by delivery of notice in accordance with the provisions hereof. 17. This instrument and the agreements contained herein may be amended or modified only by an instrument of equal fonnality, signed by the parties hereto or their duly authorized agents or representatives. 18. Representations ancvqsoftheGuarantor. The Guarantor represents and warrants to Lender that: (a) the Guarantor has received and approved a copy of the Amended Note, Amended Deed of Trust and the DDA (b) no oral promises, assurances, representations or warranties have been made by or on behalf of Lender to induce the Guarantor to execute and deliver this Guaranty(c)the Guarantor Itm1 reasonably equivalent value in return for its execution and delivery of this Guaranty; (d) the Guarantor is not insolvent nor will the Guarantor become insolvent as a result of the execution and delivery of this Guaranty; (e) the execution, delivery and performance of this Guaranty does not and will not require any authorization or Approval which has not been obtained by official action of Guarantor prior to or concurrently with the acchereof or contravene any applicable laws or other requirements or any arLes-nent or restriction bindin on or affectin Guarantor or its ro erties• this Guaranty,, when executed RVPUB \DU-1\567785 Attachment 9-5 and delivered by Guarantor, will constitute the legal. valid and binding obligation of Guarantor, enforceable a. ainst Guarantor in accordance with its terms, exce.t as enforcement ma be limited b outstanding bonded indebtedness, bankru etc insolvenc or other similar laws affecting the ri.hts of creditors generally; (g) exce.t as otherwise disclosed in writing to Lender, no actions or other .roceedings are pending or, to the best knowled. e of Guarantor, threatened against or affectin• Guarantor or any of its properties which if determined adversel could materiall impair the financial condition, operations,properties or prospects of Guarantor or the abilityof Guarantor to serform its obligations under this Guaranty. IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the date and year first above written. RVPUB‘DLI-1\567785 GUARANTOR: WILLIAM CARLSON [END OF SIGNATURES] Attachment 9-6 STATE OF CALIFORNIA COUNTY OF ) ) On , 2000, before me, the undersigned notary public, personally appeared El personally known to me OR II proved to me on the basis of satisfactory evidence to be the person(s) whose CAPACITY CLAIMED BY SIGNER: 0 Individual(s) 0 Corporate Officer(s) Partner(s) 0 Attorney -in -Fact Trustee(s) [I] Subscribing Witness LI Guardian/Conservator 0 Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 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. WITNESS my hand and official seal. Signature of Notary Public RVPUEVAH\567785 Attachment 9-7 RVPUBvDLH 567785 ATTACHMENT NO. 10 TO FIRST AMENDMENT TO FUN DDA GUARANTY (McNABNEY) [SEE FOLLOWING PAGES] Attachment 10 ATTACHMENT NO. 10 GUARANTY (MCNABNEY) THIS GUARANTY is made and entered into this day of , 2000, by and between JAY McNABNEY, an individual ("Guarantor"), and SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic ("Lender"), and is based upon the following facts: A. Lender has agreed to make a loan in the principal amount of Three Hundred Seventy- nine Thousand Eight Hundred Eighty -One Dollars and Forty-four Cents ($379,881.44) (the "Loan Amount") to FUN PROPERTIES, LLC, a California limited liability company ("Borrower"), for the purpose of assisting the development of a fitness center, as set forth in that certain Disposition and Development Agreement between Lender and Borrower, dated February 7, 1995, and amended , 2000 (the "DDA"). Except as otherwise provided, all defined terms set forth in the DDA that are used in this Guaranty shall have the same meaning as in the DDA. B. Pursuant to the DDA, the Loan is evidenced by a Promissory Note ("Amended Note") secured by a subordinated deed of trust with assignment of rents ("Amended Deed of Trust"), each executed by Borrower in favor of Lender in the amount of Three Hundred Seventy-nine Thousand Eight Hundred Eighty -One Thousand Dollars and Forty-four Cents ($379,881.44). C. Pursuant to the DDA, each of the four partners/principals of Guarantor agreed to execute a personal guaranty securing repayment of the Loan Amount to Lender. Notwithstanding the Amended Deed of Trust, Guarantor hereby agrees to guarantee repayment to Lender of the Amended Note in the event Borrower fails to repay the Loan Amount and interest thereon in accordance with the Amended Note, or any installment payment due on such Loan Amount and applicable interest, within the times required by the Amended Note. THEREFORE, in consideration of the making of the Loan to Borrower by Lender as forth in the above Recitals, Guarantor hereby agrees with Lender as follows: 1. Guarantor guarantees to Lender, upon written notice from Lender, prompt and punctual payment to Lender in full of the outstanding principal balance and all accrued interest due under the Amended Note. Guarantor hereby acknowledges the DDA and its terms and the Amended Note and its terms. Guarantor further acknowledges that Lender and Borrower have entered or may have entered into such other or further agreements pertaining to the Project, and that Guarantor hereby acknowledges and accepts, and waives notice of and consent to, any of such other or further agreements between Lender and Borrower pertaining to the Project. 2. Lender need not take any action against Borrower or any other person, firm, or corporation, or resort to any security held by it at any time before proceeding to enforce the obligations of Guarantor pursuant to this Guaranty. Guarantor hereby waives the protection of, and RVPUB\DLH\567785 Attachment 10-1 any right to assert, in any action brought on this Guaranty or otherwise, the provisions of California Civil Code 2810, 2819, 2845, 2849, 2850, and any other provisions of law purporting to benefit guarantors or sureties. In addition, Guarantor expressly waives (a) notice of the acceptance of this Guaranty by any person, (b) notice of the amount of indebtedness under the Amended Note now existing or which may hereafter exist, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice of protest, and notice of dishonor on the Amended Note or any obligation covered by this Guaranty, (d) notice of assignment, transfer, or negotiation of the Amended Note, and (e) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 3. Guarantor hereby expressly waives (a) any right to require Lender, as a condition precedent to the enforcement of this Guaranty, to exhaust the security for payment of the Amended Note by foreclosure proceedings, or otherwise, or to pursue any other rights or remedies which Lender has or hereafter may have against Borrower, any other guarantor, or any other maker or subsequent endorser of the Amended Note, it being agreed by Guarantor that this Guaranty is an absolute guaranty of payment and not of collection and that the liability of Guarantor hereunder is direct and unconditional, (b) any defense to the enforcement of this Guaranty based upon the fact that the real property described in the Amended Deed of Trust was foreclosed upon by a trustee's foreclosure sale, thereby destroying any subrogation rights of the Guarantor, any right of Guarantor to proceed against Borrower or any other make or subsequent endorser of the Amended Note (California Code of Civil Procedure 5980d), and (c) any defense to the enforcement of this Guaranty based upon the fact that the Amended Note and Amended Deed of Trust were given to Lender as the vendor to secure payment of the balance of the purchase price of the real property covered by the Amended Deed of Trust and that real property covered by the Amended Deed of Trust and that Guarantor may not proceed against Borrower or any other maker or subsequent endorser of the Amended Note by subrogation or otherwise due to the anti -deficiency protection of the Borrower provided by California Civil Procedure 580b. 4. Until all of the obligations guaranteed hereby have been paid in full, Guarantor shall not have any right of subrogation unless it is expressly given to it in writing by Lender. 5. In the event of a default in the performance of the obligations of Borrower guaranteed hereby, all existing or future indebtedness of Borrower and any other maker or subsequent endorser ofthe Amended Note to Guarantor is hereby subordinated to all ofthe obligations guaranteed hereby, and without the prior written consent of Lender, Guarantor shall not accept payments on such indebtedness. Each payment to Guarantor by Borrower and any other maker or subsequent endorser of the Amended Note in violation of this Section 5 shall be deemed to have been received by Guarantor as trustee for Lender and shall be paid by Guarantor to Lender immediately on account of all indebtedness evidenced by the Amended Note or secured by the Amended Deed of Trust. 6. Liability of Guarantor hereunder shall continue notwithstanding, and shall be unaffected by (a) a change of ownership or legal title to the property described in the Amended Deed of Trust, whether effected with or without the consent of Lender, (b) the filing of a bankruptcy, RVPUB\DLH\567785 Attachment 10-2 insolvency or similar proceeding by or against Borrower or any other person or entity, or (c) the incapacity, death, disability, dissolution, or termination of Guarantor, Borrower, or any other person or entity. Guarantor may be released from liability hereunder upon the transfer of Guarantor's interest in Borrower, provided that (a) Lender approves such release in writing, and (b) Guarantor's successor -in -interest executes a guaranty assuming all of Guarantor's liabilities under this Guaranty. 7. The failure by Lender to file or enforce a claim against the estate (either in administration, bankruptcy, or other proceedings) of Guarantor, Borrower, or any other persons, shall not affect the liability of Guarantor hereunder if recovery from Borrower or any other person becomes barred by the statute of limitations or is otherwise prevented. If the maturity of any obligation guaranteed hereby is accelerated, by bankruptcy or otherwise, that maturity shall also be accelerated for purposes of this Guaranty, and without demand or notice to Guarantor. 8. Guarantor waives and agrees not to exercise or take advantage of the defense of the statute of limitations in any action hereunder or for the enforcement, collection, or payment of any obligation guaranteed hereby. 9. Guarantor agrees to file all claims against Borrower in any bankruptcy or other proceedings in which the filing of claims is required by law on any indebtedness of Borrower and will assign to Lender all of its rights thereunder. If Guarantor does not file any such claims, Lender, as the attorney -in -fact of Guarantor, is hereby authorized to do so in the name of Guarantor, or, in the discretion of Lender, to assign the claim to, and cause proof of claim to be filed in, the name of Lender's nominee. In all such cases, whether in administration, bankruptcy, or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount payable on the claim in the proceeding before making any payment to Guarantor and, to the extent necessary for that purpose, Guarantor assigns to Lender all of its right to any payment or distributions to which Guarantor would otherwise be entitled. If the amount so paid is greater than the obligations of Guarantor to Lender pursuant to this Guaranty, Lender will pay the amount of the excess to the party entitled thereto. 10. In the event of a default in the performance of any of the obligations of Borrower guaranteed hereby, Lender may maintain an action upon this Guaranty, whether the Borrower is joined therein or whether or not a separate action is brought against Borrower. The rights of Lender hereunder are cumulative and shall not be exhausted by the exercise of any of its rights hereunder, or otherwise, against Guarantor, or any security given for this Guaranty or by any number of successive actions until and unless all obligations hereby guaranteed have been performed and each of the obligations of guarantor hereunder have been fully performed. 11. If one or more individuals are guarantors, the obligations of each shall be joint and several and may be enforced by action against any one of said persons or entities without the necessity of joining the other of such persons in such action. If the obligations guaranteed hereby are in any manner guaranteed by any other person, expressly or by endorsement of the Amended Note, or otherwise, the obligation of such other person and the obligations guaranteed hereunder shall be RVPUB\D567785 Attachment 10-3 deemed to be several, and the release by Lender of any other such person, or settlement with such person, or the revocation or impairment of any other agreement or guaranty providing for the assumption by any other person of the obligations of Borrower shall not operate to prejudice Lender's rights against Guarantor hereunder. 12. In the event that any action, suit, or other proceeding is brought to enforce the obligations of Guarantor under this Guaranty, the prevailing party shall be entitled to receive all of such party's costs and expenses of suit, including reasonable attorneys' fees, expert witness fees, and costs of investigation and discovery, incurred in each and every such action, suit, or other proceeding, including any and all appeals or petitions therefrom. As used herein, attorneys' fees shall be deemed to mean the full and actual cost of any 1-cgal services actually performed in connection with thc matters involved, calculated on the basis of the usual fcc charged by the attorneys performing such 5ervices and shall not be • limited . reasonable attorney5 ees as defined by any statute or fule of 13. This Guaranty shall inure to the benefit of Lender and its successors and assigns, and a notice of assignment, transfer, or negotiation of the Amended Note and Amended Deed of Trust is expressly waived by Guarantor. 14. This Guaranty has been made and entered into in the State of California and the laws of said state shall govern the validity and interpretation thereof. Whenever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, although if any provision of this Guaranty shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such, or the remaining provisions of this Guaranty. Any action brought to enforce or interpret the obligations evidenced by this Guaranty shall be brought in the Superior Court for the County of Riverside, State of California. 15. Guarantor hereby waives (a) notice of the acceptance of this Guaranty by any person or entity, (b) notice of the amount of indebtedness under the Amended Note or any change in said amount, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice of protest, and notice of dishonor on any obligation, and (d) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 16. Formal notices, demands, and communications between Lender and Guarantor shall be given either by (i) personal service, (ii) delivery by reputable document delivery service that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: RVPUB\DLR\567785 Attachment 10-4 To Lender: Copy to: Guarantor: Copy to: San Jacinto Redevelopment Agency 201 East Main Street San Jacinto, CA 92583 Attn: Executive Director Best Best & Krieger LLP 3750 University Ave. Riverside, CA 92502-1028 Attn: John E. Brown Jay McNabney c/o Family Sport and Fitness 1635 S. San Jacinto Ave. San Jacinto, CA 92583 Notices delivered by personal delivery or by document delivery service shall be effective upon receipt. Mailed notices shall be effective on the earlier of (i) actual receipt, or (ii) at Noon on the third business day following deposit with the United States Postal Service; provided, however, that refusal to accept delivery after reasonable attempts thereto shall constitute receipt. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by delivery ofnotice in accordance with the provisions hereof. 17. This instrument and the agreements contained herein may be amended or modified only by an instrument of equal formality, signed by the parties hereto or their duly authorized agents or representatives. 18. Representations and Covenants of the Guarantor. The Guarantor represents and warrants to Lender that: (a) the Guarantor has received and approved a copy of the Amended Note, Amended Deed of Trust and the DDA; (b) no oral promises, assurances, representations or warranties have been made by or on behalf of Lender to induce the Guarantor to execute and deliver this Guaranty; (c) the Guarantor has received reasonably equivalent value in return for its execution and delivery of this Guaranty; (d) the Guarantor is not insolvent nor will the Guarantor become insolvent as a result of the execution and delivery of this Guaranty; (e) the execution, delivery and performance of this Guaranty does not and will not require any authorization or approval which has not been obtained by official action of Guarantor prior to or concurrently with the acceptance hereof or contravene any applicable laws or other requirements or any agreement or restriction binding on or affecting Guarantor or its properties: (f) this Guaranty, when executed and delivered by Guarantor, will constitute the legal, valid and binding obligation of Guarantor, RVPUBTLI-1\567785 Attachment 10-5 enforceable against Guarantor in accordance with its terms exce t as enforcement ma be limited by outstanding bonded indebtedness, bankruptcy,insolvency or other similar laws affecting the rights of creditors generally (g except as otherwise disclosed in writing to Lender, no actions or other proceedings are pending or, to the best knowledge of Guarantor, threatened against or affecting Guarantor or any of its properties which, if determined adversely, could materially impair the financial condition, operations, properties or prospects of Guarantor or the abili of Guarantor to perform its obligations under this Guaranty. IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the date and year first above written. RVPUB \DLIT567785 GUARANTOR: JAY McNABNEY [END OF SIGNATURES] Attachment 10-6 STATE OF CALIFORNIA COUNTY OF On , 2000, before me, the undersigned notary public, personally appeared ❑ personally known to me OR ❑ 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. WITNESS my hand and official seal. Signature of Notary Public R V P UB\DLH`567785 Attachment 10-7 CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) ❑ Corporate Officer(s) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RVPUB\DLH\567785 ATTACHMENT NO. 11 TO FIRST AMENDMENT TO FUN DDA GUARANTY (CIIUBICANTHONY) [SEE FOLLOWING PAGES] Attachment 11 ATTACHMENT NO. 11 GUARANTY (CIIUBICANTHONY) THIS GUARANTY is made and entered into this day of , 2000, by and between STEVE CIIUBIC, an individualRICHARD ANTHONY and MARIE-ANTHONY, a married couple ("Guarantor"), and SAN JACINTO REDEVELOPMENT AGENCY, a public body, corporate and politic ("Lender"), and is based upon the following facts: A. Lender has agreed to make a loan in the principal amount of Three Hundred Seventy-nine Thousand Eight Hundred Eighty -One Dollars and Forty-four Cents ($379,881.44) (the "Loan Amount") to FUN PROPERTIES, LLC, a California limited liability company ("Borrower"), for the purpose of assisting the development of a fitness center, as set forth in that certain Disposition and Development Agreement between Lender and Borrower, dated February 7, 1995, and amended , 2000 (the "DDA"). Except as otherwise provided, all defined terms set forth in the DDA that are used in this Guaranty shall have the same meaning as in the DDA. B. Pursuant to the DDA, the Loan is evidenced by a Promissory Note ("Amended Note") secured by a subordinated deed of trust with assignment of rents ("Amended Deed of Trust"), each executed by Borrower in favor of Lender in the amount of Three Hundred Seventy-nine Thousand Eight Hundred Eighty -One Thousand Dollars and Forty-four Cents ($379,881.44). C. Pursuant to the DDA, each of the four partners/principals of Guarantor agreed to execute a personal guaranty securing repayment of the Loan Amount to Lender. Notwithstanding the Amended Deed of Trust, Guarantor hereby agrees to guarantee repayment to Lender of the Amended Note in the event Borrower fails to repay the Loan Amount and interest thereon in accordance with the Amended Note, or any installment payment due on such Loan Amount and applicable interest, within the times required by the Amended Note. THEREFORE, in consideration of the making of the Loan to Borrower by Lender as forth in the above Recitals, Guarantor hereby agrees with Lender as follows: 1. Guarantor guarantees to Lender, upon written notice from Lender, prompt and punctual payment to Lender in full of the outstanding principal balance and all accrued interest due under the Amended Note. Guarantor hereby acknowledges the DDA and its terms and the Amended Note and its terms. Guarantor further acknowledges that Lender and Borrower have entered or may have entered into such other or further agreements pertaining to the Project, and that Guarantor hereby acknowledges and accepts, and waives notice of and consent to, any of such other or further agreements between Lender and Borrower pertaining to the Proj ect. 2. Lender need not take any action against Borrower or any other person, firm, or corporation, or resort to any security held by it at any time before proceeding to enforce the obligations of Guarantor R VP UBIDLH"'567785 Attachment 11-1 pursuant to this Guaranty. Guarantor hereby waives the protection of, and any right to assert, in any action brought on this Guaranty or otherwise, the provisions of California Civil Code 2810, 2819, 2845, 2849, 2850, and any other provisions of law purporting to benefit guarantors or sureties. In addition, Guarantor expressly waives (a) notice of the acceptance of this Guaranty by any person, (b) notice of the amount of indebtedness under the Amended Note now existing or which may hereafter exist, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice ofprotest, and notice of dishonor on the Amended Note or any obligation covered by this Guaranty, (d) notice of assignment, transfer, or negotiation of the Amended Note, and (e) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 3. Guarantor hereby expressly waives (a) any right to require Lender, as a condition precedent to the enforcement of this Guaranty, to exhaust the security for payment of the Amended Note by foreclosure proceedings, or otherwise, or to pursue any other rights or remedies which Lender has or hereafter may have against Borrower, any other guarantor, or any other maker or subsequent endorser of the Amended Note, it being agreed by Guarantor that this Guaranty is an absolute guaranty of payment and not of collection and that the liability of Guarantor hereunder is direct and unconditional, (b) any defense to the enforcement of this Guaranty based upon the fact that the real property described in the Amended Deed of Trust was foreclosed upon by a trustee's foreclosure sale, thereby destroying any subrogation rights of the Guarantor, any right of Guarantor to proceed against Borrower or any other make or subsequent endorser of the Amended Note (California Code of Civil Procedure 5980d), and (c) any defense to the enforcement of this Guaranty based upon the fact that the Amended Note and Amended Deed of Trust were given to Lender as the vendor to secure payment of the balance of the purchase price of the real property covered by the Amended Deed of Trust and that real property covered by the Amended Deed of Trust and that Guarantor may not proceed against Borrower or any other maker or subsequent endorser of the Amended Note by subrogation or otherwise due to the anti -deficiency protection of the Borrower provided by California Civil Procedure 580b. 4. Until all of the obligations guaranteed hereby have been paid in full, Guarantor shall not have any right of subrogation unless it is expressly given to it in writing by Lender. 5. In the event of a default in the performance of the obligations of Borrower guaranteed hereby, all existing or future indebtedness of Borrower and any other maker or subsequent endorser of the Amended Note to Guarantor is hereby subordinated to all of the obligations guaranteed hereby, and without the prior written consent of Lender, Guarantor shall not accept payments on such indebtedness. Each payment to Guarantor by Borrower and any other maker or subsequent endorser of the Amended Note in violation of this Section 5 shall be deemed to have been received by Guarantor as trustee for Lender and shall be paid by Guarantor to Lender immediately on account of all indebtedness evidenced by the Amended Note or secured by the Amended Deed of Trust. 6. Liability of Guarantor hereunder shall continue notwithstanding, and shall be unaffected by (a) a change of ownership or legal title to the property described in the Amended Deed of Trust, whether effected with or without the consent of Lender, (b) the filing of a bankruptcy, insolvency or similar proceeding by or against Borrower or any other person or entity, or (c) the incapacity, death, disability, dissolution, or RVPUBTLH\567785 Attachment 11-2 termination oFGuarantor, Borrower, orany other person orentity. Guarantor may bcreleased from ^ liability hereunder upon the transfer of Guarantor's interest in Borrower, provided that (o) l.codcr approves such release iowriting, and (b)Guarantor's success o«-io-iotcrcutexecutes oguaranty assuming all of Guarantor's liabilities under this Guaranty. 7. The failure by Lender to file or enforce o oloicn against the estate (either ivadministration, bankruptcy, orother proceedings) oFGuarantor, Borrower, o«any other persons, shall not affect the liability of Guarantor hereunder if recovery from Borrower or any other person bcoococu barred by the statute of limitations or is otherwise prevented. lFthe maturity of any obligation guaranteed hereby ivaccelerated, by bankruptcy or otherwise, that maturity shall also be accelerated for purposes of this Guaranty, and without demand ornotice toGuarantor. 8. Guarantor waives and agrees not to exercise or take advantage of the defense of the statute of limitations in any action hereunder or for the enforcement, collection, orpayment of any obligation guaranteed 9. Guarantor agrees tofile all claims againstBorrower ioany bankruptcy orothcrprooccdingu in which the filing of claims is required by law on any indebtedness of Borrower and will assign to Lender all of its rights thereunder. If Guarantor does not file any such cloioou, l.codcc as the attorney -in -fact of Guarantor, is hcrchv authorized to do so iuthe name oFGuarantor, or, iuthe discretion of Lender, to ouu/gu the claim to, and cause proof of claim to be filed in, the name of Lender's nominee. In all such cases, whether in administration, bankruptcy, or otherwise, the person or persons authorized to pay such o)oico shall pay to l.codcr the full amount payable on the o}oico in the proceeding before making any payment toGuarantor and, tothe extent necessary for that purpose, Guarantor assigns to Lender all ofits right to any payment or distributions to which Guarantor would otherwise bc entitled. lFthe amount uopaid is greater than the obligations of Guarantor to Lender pursuant to this Guaranty, Lender will pay the amount oFthe excess tothe party entitled thereto. 10. Iuthe event oFadefault iuthe performanceoFany oFthe obligations of Borrower guaranteed hereby, Lender may maintain ooaction upon this Guaranty,whether the Borrower iooiocdtherein orwhether or not a separate action is brought against Borrower. The rights of Lender hereunder are cumulative and shall not be exhausted by the exercise of any of its rights hereunder, or otherwise, against Guarantor, or any security given for this Guaranty or by any number Of Successive actions until and un1cou all obligations � b hereby guaranteed have been performed and each of the obligations of guarantor hereunder have been fully performed. ll. If one or more individuals are guarantors, the obligations of each shall bej oint and several and may bcenforced hvaction against any one oFsaid persons orentities without the necessity o[\oi/ingthe other o[such persons iosuch action. lFthe obligations guaranteed hereby are ioany manner guaranteed byany other person, expressly orbyendorsement oFthe Amended Note, o,otherwise, the obligation oFsuch other person and the obligations guaranteed hereunder shall bcdccDzcdtobcseveral, and the release hnLender oFany other such person, or uct1lcoocot with such person, orthe revocation or impairment of any other agreement or guaranty providing for the assumption by any other person of the obligations oFBorrower shall not operate to prejudice l.codcr'u rights against Guarantor hereunder. Attachment 11-3 12. In the event that any action, suit, or other proceeding is brought to enforce the obligations of Guarantor under this Guaranty, the prevailing party shall be entitled to receive all of such party's costs and expenses of suit, including reasonable attorneys' fees, expert witness fees, and costs of investigation and discovery, incurred in each and every such action, suit, or other proceeding, including any and all appeals or petitions therefrom. As used herein attorneys fee ha11 be demed to mean the full and tu 1 nf iw iT de-firrectattite-err-rule-ofeatt± 13. This Guaranty shall inure to the benefit of Lender and its successors and assigns, and a notice of assignment, transfer, or negotiation of the Amended Note and Amended Deed of Trust is expressly waived by Guarantor. 14. This Guaranty has been made and entered into in the State of California and the laws of said state shall govern the validity and interpretation thereof. Whenever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, although if any provision of this Guaranty shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such, or the remaining provisions of this Guaranty. Any action brought to enforce or interpret the obligations evidenced by this Guaranty shall be brought in the Superior Court for the County of Riverside, State of California. 15. Guarantor hereby waives (a) notice of the acceptance of this Guaranty by any person or entity, (b) notice of the amount of indebtedness under the Amended Note or any change in said amount, (c) notice of demand for payment, notice of default or nonpayment, presentment, protest, notice of protest, and notice of dishonor on any obligation, and (d) all other notices to which Guarantor might otherwise be entitled in connection with this Guaranty, the Amended Note, or the Amended Deed of Trust. 16. Formal notices, demands, and communications between Lender and Guarantor shall be given either by (I) personal service, (ii) delivery by reputable document delivery service that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To Lender: RVPUB\DLH\567785 San Jacinto Redevelopment Agency 201 East Main Street San Jacinto, CA 92583 Attn: Executive Director Attachment 11-4 Copy to: Best Best & Krieger LLP 3750 University Avenue Suite 400 Riverside, CA 92502-1028 Attn: John E. Brown Guarantor: Richard and Marie Anthony [address] e/o &sburnc Development Corp 30001 Comercio Copy to: anc lo an a Margarita, Notices delivered by personal delivery or by document delivery service shall be effective upon receipt. Mailed notices shall be effective on the earlier of (i) actual receipt, or (ii) at Noon on the third business day following deposit with the United States Postal Service; provided, however, that refusal to accept delivery after reasonable attempts thereto shall constitute receipt. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by delivery of notice in accordance with the provisions hereof 17. This instrument and the agreements contained herein may be amended or modified only by an instrument of equal formality, signed by the parties hereto or their duly authorized agents or representatives. 18. Re esentations and Covenants of the Guarantor. The Guarantor rep esents d a ants to Lender that: (a) the Guarantor has received and approved a copy of the Amended Note, Amended Deed of Trust and the DDA; (b) no oral promises, assurances, representations or warranties have been made b or on behalf of Lender to induce the Guarantor to execute and deliver this Guarani ; (c) the Guarantor has received reasonably equivalent value in return for its execution and delivery of this Guaranty; (d) the Guarantor is not insolvent nor will the Guarantor become insolvent as a result of the execution and delivery of this Guaranty; (e) the execution delivery and performance of this Guarant does not and will not resuire any authorization or a. 'royal which has not been obtained b official action of Guarantor prior to rwith the acceptance hereof or contravene anylpplicable laws or other requirements or any agreement or restriction binding on or affecting Guarantor or its pi:0er jiefpjiis. Guarant when executed and delivered by Guarantor will constitute the le al, valid and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms, except as enforcement may be limited by outstanding bonded indebtedness bankru.tcy insolvency or other similar laws affecting the rights of creditors generally; (g) except as otherwise disclosed in writing to Lender, no actions or other proceedings are pending or, to the best knowledge of Guarantor, threatened against or affecting Guarantor or any of its properties which, if determined adversel could materiall impair the financial condition RVPUB,DLH,567785 Attachment 11-5 oserations, properties or pros sects of Guarantor or the abilit_of Guarantors obli ons under this Guaranty. IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the date and year first above written. GUARANTOR: RICHARD ANTHONY MAR E ANTHONY RVPUB\DLH\567785 [END OF SIGNATURES] Attachment 11-6 STATE OF CALIFORNIA COUNTY OF ) On , 2000, before me, the undersigned notary public, personally appeared , ❑ personally known to me OR ❑ 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. WITNESS my hand and official seal. Signature of Notary Public RVPUB\DLH\567785 Attachment 11-7 CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) ❑ Corporate Officer(s) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(IES) ATTACHMENT NO. 12 SUBORDINATION AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Redevelopment Agency of the City of San Jacinto 201 East Main Street San Jacinto, California 92583 Escrow No:[ (Space above for Recorder's Use) [Exempt from fees per Gov't Code §6103] Title Order No. [ SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT 1. Parties; Date. This Subordination Agreement ("Agreement") is entered into as of this day of , 2000 between FUN PROPERTIES, LLC., a California Limited Liability Company (the "Owner"), owners of the Property (described below), and THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO ("Agency"), present owner and holder of the Agency Deed of Trust (described below). 2. Recitals. 2.1 Owner executed a deed of trust dated [ I, 2000, to [ I, as trustee, covering: RVPUB\DLH\567785 Attachment 12 [INSERT PROPERTY DESCRIPTION] ("Property") to secure a note in the sum of $379,881.44.00 dated [ ], 2000, in favor of the Agency, which deed of trust was recorded [ ] as Instrument No. [ ] in the Official Records of Riverside County, California. The Agency's deed of trust and note shall be referred to collectively as the "Agency Deed of Trust". 2.2 Owner has executed, or is about to execute, a deed of trust and note in the sum of [ Dollars][($ )] dated , in favor of ("Lender"), payable with interest and upon the terms and conditions described therein (collectively, the "Lender's Deed of Trust"). Lender's Deed of Trust is to be recorded concurrently with this Agreement. 2.3 It is a condition precedent to obtaining the loan from Lender which will be evidenced by the Lender's Deed of Trust ("Loan") that the Lender's Deed of Trust be a lien or charge upon the Property prior and superior to the lien or charge of the Agency's Deed of Trust. 2.4 Lender is willing to make said Loan provided the Lender's Deed of Trust securing the same is a lien or charge upon the Property prior and superior to the lien or charge of the Agency Deed of Trust and provided that Beneficiary will specifically subordinate the lien or change of the Agency Deed of Trust to the lien or charge of the Lender's Deed of Trust. 2.5 The Agency is willing to subordinate the Agency's Deed of Trust to the Lender's Deed of Trust so long as said subordination is consistent with the terms and conditions set forth in this Agreement. 3. Terms RVPUB`DLH`567785 Attachment 12-1 3.1 Subordination. Provided that all of the Owner's and Lender's representations and warranties as set forth in Section 3.2 are true as of the recordation of this Agreement, the Agency agrees that the Lender's Deed of Trust shall be a lien or charge upon the Property prior and superior to the lien or charge of the Agency's Deed of Trust. 3.2 Owner's and Lender's Representations and Warranties. Owner and Lender represent and warrant that the following Loan requirements and/or conditions precedent for the benefit of Agency have been or will be, as applicable, satisfied or waived in writing by the Agency. Owner and Lender acknowledge and agree that Agency is materially relying upon said representations and warranties in entering into this Agreement. RVPUB\DLH\567785 3.2.1 The Lender will not make its Loan without this Agreement 3.2.2 This Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Agency Deed of Trust to the lien or charge of the Lender Deed of Trust and shall supersede and cancel, but only insofar as would affect the priority between the Agency Deed of Trust and the Lender Deed of Trust, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the Agency Deed of Trust, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. 3.2.6 All taxes must be current on the Property and there shall be no contractor liens on the Property prior to the Owner obtaining the Loan from Lender. 3.2.8 Lender shall prepare a Request for Notice for the Agency in order to provide the Agency with notice in the event that the Owner defaults on the Loan. Attachment 12-2 3.3 Agency's Acknowledgments. Agency intentionally and unconditionally waives, relenquishes and subordinates the lien or charge of the Agency Deed of Trust in favor of the Lender's Deed of Trust and understands that in reliance upon. an in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination. 3.4 No renewals, extensions or refinancings. This Agreement shall not apply to any renewals, extensions or refinancings of the Loan. 3.5 Endorsement. The Agency shall place an endorsement on the Agency's Deed of Trust that the Agency's Deed of Trust has been subordinated to the Lender's Deed of Trust as set forth in this Agreement. 3.6 Conflict with Loan Subordination Policy. In the event of a conflict between the terms and conditions of this Agreement and the Loan Subordination Policy, the terms and conditions of the Loan Subordination Policy shall control. 4. General Terms. 4.1 Entire Agreement. This Agreement supersedes and cancels any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof but only insofar as would affect the priority between the Agency's Deed of Trust and the Lender's Deed of Trust. 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. RVPUB`DLH\567785 Attachment 12-3 4.2 Amendments to this Agreement. The terms of this Agreement may only be modified or amended by an instrument in writing executed by each of the parties hereto. 4.3 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4.4 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. RVPUBTLII\ 567785 [SIGNATURES ON FOLLOWING PAGE] Attachment 12-4 Dated: THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO ATTEST: By: APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Agency Counsel By: Executive Director OWNER FUN PROPERTIES, LLC, a California limited liability company Dated: By: Dated: By: RVPUB\DLH\567785 Attachment 12-5 STATE OF CALIFORNIA COUNTY OF On , 2000, before me, the undersigned notary public, personally appeared , ❑ personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary (SEAL) RVPUB\DLH`567785 Attachment 12-6 CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) Id Corporate Officer(s) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Subscribing Witness ❑ Guardian/Conservator Other EXECUTIVE DIRECTOR OF AGENCY SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO STATE OF CALIFORNIA COUNTY OF On , 2000, before me, the undersigned notary public, personally appeared , ❑ personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary (SEAL) RVPUB\DI.H\567785 Attachment 12-7 CAPACITY CLAIMED BY SIGNER: Individual(s) ❑ Corporate Officer(s) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) N/A STATE OF CALIFORNIA COUNTY OF On , 2000, before me, the undersigned notary public, personally appeared ,0 personally known to me OR El proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary (SEAL) R \RUB \ 567785 Attachment 12-8 CAPACITY CLAIMED BY SIGNER: Individual(s) El Corporate Officer(s) LI Partner(s) 0 Attorney -in -Fact O Trustee(s) D Subscribing Witness 0 Guardian/Conservator O Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) N/A MINUTES SPECIAL MEETING SAN JACINTO REDEVELOPMENT AGENCY November 16, 2000 Immediately Following the Regular City Council Meeting SJUSD 2045 S. San Jacinto Avenue San Jacinto, California ORGANIZATION Agency President Williams called the special meeting of the San Jacinto Redevelopment Agency to order at 9:45 p.m., with the following members present: Ayres, Carlson Buydos, Good, Conner, and Williams. Absent: None 2. PUBLIC COMMENTS: None. 3. PUBLIC HEARING: None 4. AGENCY DEPARTMENTS 4.1 Old Second Street - Reject all bids received for Sewer Improvement Projects; and approve Amendment No. 1 to Owner Participation Agreement - Habitat for Humanity - 632 E. Old Second Street. M/S/C (AYRES/CONNER) By motion, 1) reject all bids received for Old Second Street Sewer Improvements; and 2) approve Amendment No. 1 Owner Participation Agreement with the Habitat for Humanity - Hemet/San Jacinto Chapter, and authorize the expenditure of an additional $5,500.00 for the installation of a septic system for Habitat for Humanity residence. Ayes: Ayres, Conner, Good, Carlson Buydos, and Williams Noes: None 5. CONSENT CALENDAR 5.1 Approve Minutes of Special Meeting of September 13, 2000 5.2 Approve Minutes of Regular Meeting - October 5, 2000 M/S/C (CARLSON BUYDOS/AYRES) to approve Consent Calendar Items No. 5.1 and 5.2 as presented. Ayes: Ayres, Conner, Good, Carlson Buydos, and Williams Noes: None ADJOURNMENT: There being no further business to conduct, Agency President Wi the Redevelopment Agency special meeting at the hour of 9:47 p. Grace Alvarez Agency Secretary s adjourned PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT PAGE 3 NG PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE AMOUNT (NET OF DISC/RETAIN) TOTAL 55763* 830 PERS 002466 11/29/2000 55764* 1404 TIMOTHY HULTS 002467 11/29/2000 096-9700-470.31-20 55765* 526 VERIZON CALIFORNIA 002468 11/29/2000 002469 11/29/2000 002470 11/29/2000 002471 11/29/2000 002472 11/29/2000 002473 11/29/2000 002474 11/29/2000 002475 11/29/2000 002476 11/29/2000 002477 11/29/2000 002478 11/29/2000 002479 11/29/2000 002480 11/29/2000 002481 11/29/2000 002482 11/29/2000 002483 11/29/2000 002484 11/29/2000 002485 11/29/2000 002486 11/29/2000 002487 11/29/2000 002488 11/29/2000 002489 11/29/2000 55766* 2424 DAVID O'DOWD 002490 11/29/2000 55767* 998 BRYAN VIG 002491 11/29/2000 55768* 947 INTERNATIONAL ASSOCIATION 002492 11/29/2000 55769* 998 BRYAN VIG 002493 11/29/2000 55770* 1514 JENNIFER ROYSTER 002494 11/29/2000 55771* 2981 SOBOBA SPRINGS ROYAL VIST 002495 12/01/2000 55772* 235 CITY OF SAN JACINTO 002496 12/01/2000 085-0000-202.21-28 010-2500-425.35-16 010-3100-431.35-16 025-7252-410.35-16 050-9000-450.35-16 010-2500-425.35-16 010-3100-431.35-16 010-7400-425.35-16 025-7252-410.35-16 021-4150-410.35-16 055-4170-450.35-16 010-2500-425.35-16 010-3100-431.35-16 050-9000-450.35-16 010-2500-425.35-16 010-3100-431.35-16 010-7400-425.35-16 025-7252-410.35-16 021-4150-410.35-16 055-4170-450.35-16 010-2500-425.35-16 010-3100-431.35-16 050-9000-450.35-16 058-3100-431.40-45 010-3100-431.31-20 010-3100-431.31-20 058-3100-431.40-45 010-3100-431.31-20 065-0000-201.08-63 065-0000-201.08-63 6,225.90 6,225.90 * 6,225.90 270.00 270.00 * 270.00 300.39 366.65 255.53 189.20 327.36 315.30 137.85 198.25 122.87 80.49 642.44 524.72 203.34 327.36 315.30 137.85 198.25 122.57 80.49 931.65 554.71 203.04 6,535.61 900.00 900.00 238.00 238.00 510.00 510.00 900.00 900.00 238.00 238.00 6,535.61 900.00 238.00 510.00 900.00 238.00 4,605.46 4,605.46 * 4,605.46 250.00 250.00 * 250.00 PoEsmuaso12/01/2000' 14.09.59 PRoenxmx: oMs«oL Bank of Hemet BANK oo Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER ^PAGE 4 AccVcmmING PERIOD 2001/06REPORT NUMBER 10 ���� 35.00 s1«.1z s«y.1z 50.00' 50.00 «y.00 12.56 12.56 ° 207.43 120.00 s27.4s 32.33' �. 50.64 8.08 91.05 ^ CHECK nExmoR nEmooR voocaEa P.O. DATE NO NO NAME NO NO ACCOUNT '------ ^~~~ ^ ����"�u��� 55775 9*7 A. aeRr amnERoom 002153 12/08/2000 096-9700-470.31-15 100.00 100.00 55776 y«s u,1 LOCK a KEY SERVICE oozzsz 12/08/2000 oozsss 12/08/2000 ss r? y« r r AnAEvom CRONE 002127 12/08/2000 55778 zyzs AzAzo onFzcE zUzovznrnos oozzzo 12/08/2000 ssrry 2172 AIR VIEWS oozsys 12/08/2000 ssruo 931 AL'a nznBozA TRACTOR zAWNm 002129 12/08/2000 55781 y«r ALzcIu »ouzOoEo onzsy« 12/08/2000 ssroz 2149 AMERzcoN PzAmmzmeAaaocIA oozzss zz/oo/z000 oozzs« zz/oo/z000 010-3100-431.33-10 010-7400-425.33-10 oos-0000-zzy.00-or 010-1400-414.40-45 096-9700-470.30-90 055-4170-450.33-30 oos-0000-ozy.00-or 010-1700-417.21-10 010-1700-417.21-10 ssros yyr »NADY'a znoPozEa oozz«y 12oo z000 010-1700-417.30-90 oozzso 12/08/2000 o10-11oo-«z1.z1-10 002351 zz/oo/z000 010-4100-410.21-10 ssro« 1161 ANIMAL MEDICAL conmER oozzsz zz/oo/z000 010-3100-431.21-13 65.00 ss'oo ssros zoas AQUA mEzRzc axuLEa comsoum/ oozzso zz/oo/z000 052-9026-450.40-01 3'126'69 3,126.69 ^ 55786 ysz xuRRon PRzmzzma 002189 12/08/2000 010-1200-412.21-10 165.20 002190 12/08/2000 010-4100-410.21-10 165.21 002191 12/08/2000 010-3300-431.21-10 194'33 oozzss zx/oo/z000 010-2500-425'21-10 104`52 oozsos 12/08/2000 ozo-1110-«11.z1-10 171.88 nozso« 12/08/2000 o10-1110-«11'z1-10 171.88 oozsos 12/08/2000 010-2500-425.21-10 ~ 348'00 oozsss zz/oo/z000 oos-0000-zoz.00-os 1,885.63 oozsys 12/08/2000 010-1700-417.30-90 586'16- - 3,792.81 ^ ssror 991 AT a z 002131 002390 1z/oo/z000 1z/oo/z000 055-4170-450.35-16 12'25 025-7252-410'35-16 11.38 3,126.69 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK VENDOR VENDOR NO NO NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO PAGE 5 NG PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE AMOUNT ACCOUNT (NET OF DISC/RETAIN) TOTAL 55787 991 AT & T 002391 002392 12/08/2000 12/08/2000 025-7252-410.35-16 025-7252-410.35-16 55788 1006 AT & T LANGUAGE LINE 002312 12/08/2000 010-3100-431.34-05 55789 985 B & W PIPE & SUPPLY 002132 002133 002396 12/08/2000 12/08/2000 12/08/2000 025-7250-410.33-30 025-7252-410.33-30 025-7252-410.33-30 55790 2978 BARTON INSTRUMENT SYSTEMS 002385 12/08/2000 050-9000-450.33-30 55791 2970 BERNARD SIMON 002192 12/08/2000 010-1400-414.34-05 55792 2142 BIO-TOX LABORATORIES 002257 12/08/2000 010-3100-431.34-05 002260 12/08/2000 010-3100-431.34-05 55793 242 C.E.D. 002135 12/08/2000 021-4150-410.34-05 002136 12/08/2000 021-4150-410.34-05 002137 12/08/2000 021-4150-410.34-05 002138 12/08/2000 021-4150-410.34-05 002139 12/08/2000 021-4150-410.34-05 002397 12/08/2000 025-7260-410.21-30 002398 12/08/2000 021-4150-410.33-30 55794 2859 CALDWELL LAND SURVEYS 002380 12/08/2000 022-4162-410.40-01 55795 2802 CARLOS AYALDE 002261 002262 002263 002264 55796 2900 CBIS 002375 55797 2938 CDE RESOURCES, INC. 002134 55798 2904 CINDY BOHN 002265 55799 2464 COMSERCO 002267 12/08/2000 12/08/2000 12/08/2000 12/08/2000 065-0000-201.06-01 065-0000-201.06-01 065-0000-201.06-01 065-0000-201.06-01 12/08/2000 096-9700-470.30-90 12/08/2000 041-4155-410.40-01 12/08/2000 010-1210-412.31-15 12/08/2000 010-1400-414.21-10 11.38 11.38 46.39 100.00 100.00 * 35.99 193.41 101.02 330.42 91.75 91.75 32.49 32.49 * 182.90 33.00 215.90 167.00 34.66 19.59 54.80 219.21 407.12 3.62 906.00 760.00 760.00 * 46.39 100.00 330.42 91.75 32.49 215.90 906.00 760.00 675.00 675.00 600.00 1,447.00 3,397.00 * 3,397 00 2,500.00 2,500.00 * 2,500.00 74,987.95 74,987.95 * 74,987.95 50.99 50.99 * 50.99 86.10 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK NO VENDOR NO VENDOR NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO ACCOUNT PAGE 6 ACCOUNTING PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE MINT (NET OF DISC/RETAIN) tntkt TOTAL 55799 2464 COMSERCO 55800 250 COTTON/BELAND/ASSOC. 002383 55801 947 COVENANT DEVELOPMENT 002140 55802 2917 DALE, BRADEN & HINCHCLIFF 002222 002223 002224 55803 2941 DARMAR AWARDS 002359 55804 2862 DB BACKFLOW SERVICE 002141 002389 55805 2854 DELL COMPUTERS 002142 55806 2968 DEPARTMENT OF ENVIROMENTA 002143 55807 2030 DEPARTMENT OF JUSTICE 002269 55808 2969 DEPARTMENT OF TRANSPORTAT 002144 55809 2782 DIANA TAVENNER 002270 55810 2965 DISPLAY SALES 002399 55811 2947 DIVERSIFIED THE STAFFING 002271 002272 002273 002274 002275 002276 002277 002278 002279 002280 002281 002282 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 096-9700-470.30-90 065-0000-229.08-67 020-2200-419.30-90 020-2200-419.30-90 020-2200-419.30-90 010-1110-411.21-10 025-7250-410.33-30 025-7250-410.33-30 010-3100-431.40-45 050-9000-450.33-30 010-1210-412.30-90 022-4150-410.40-01 010-1700-417.30-90 010-2500-425.21-10 025-7100-410.10-01 025-7250-410.10-01 025-7251-410.10-01 025-7252-410.10-01 010-1700-417.10-03 010-3300-431.10-03 025-7100-410.10-01 025-7250-410.10-01 025-7251-410.10-01 025-7252-410.10-01 010-1700-417.10-03 010-3300-431.10-03 86.10 9,450.75 9,450.75 28.68 28.68 383.72 925.20 33.00 1,341.92 32.00 32.00 192.46 253.84 446.30 1,510.68 1,510.68 252.00 252.00 320.00 320.00 20,927.00 20,927.00 100.00 100.00 2,900.00 2,900.00 82.80__ 248.40 41.40 41.40 135.88 135.88 101.20 303.60 50.60 50.60 151.47 151.47 * 86.10 9,450.75 28.68 1,341.92 32.00 446.30 1,510.68 252.00 320.00 20,927.00 100.00 2,90000 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK NO VENDOR NO VENDOR NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO ACCOUNT PAGE 7 ING PERIOD 2001/06 REPORT NUMBER 10 REMZTTANQZ AMQVNT (NET OF DISC/RETAIN) TOTAL 55811 2947 DIVERSIFIED THE STAFFING 55812 1683 DMG AND ASSOCIATES 002145 55813 2657 DOKKEN ENGINEERING 002355 55814 949 E.S. BABCOCK & SONS, INC. 002147 002148 002149 002284 002285 55815 460 EASTERN MUNI.WATER DIST. 55816 55817 55818 55819 55820 55821 002400 002401 002402 002403 002404 002405 002406 002407 2977 EMPIRE OFFICE MACHINES 002384 199 EMPLOYMENT DEVELOPMENT DE 002283 483 EVANS TIRE CO. 002150 002193 002194 002408 2018 EXCEL RENTAL CENTER, INC. 002409 2946 EXCEL STEAM 002286 2744 FAMILY SPORT & FITNESS 002287 002288 002289 002290 002291 002292 002293 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 010-2500-425.30-90 091-9700-470.40-01 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7100-410.35-10 010-2500-425.21-10 010-2500-425.37-05 021-4150-410.33-50 055-4170-450.33-50 055-4170-450.33-50 021-4150-410.33-50 025-7250-410.33-30 010-3100-431.30-90 010-1200-412.11-10 010-1400-414.11-10 010-1700-417.11-10 010-3100-431.11-10 010-3300-431.11-10 011-7400-425.11-10 021-4150-410.11-10 1,494.70 1,427.00 1,427.00 15,341.20 15,341.20 59.00 48.00 48.00 44.00 48.00 247.00 250.12 13.67 11.09 8.71 140.10 10.29 48.49 69.62 552.09 120.76 120.76 8,539.00 8,539.00 17.45 179.07 63.45 221.39 481.36 .68 .68 435.00 435.00 10.00 50.00 10.00 310.00 30.00 10.00 50.00 1,494.70 1,427.00 15,341.20 247.00 552.09 120 76 8,539 00 481.36 .68 435,00 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK NO VENDOR NO VENDOR NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO ACCOUNT PAGE 8 ACCOUNTING PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE AMOUNT (NET OF DISC/RETAIN) TOTAL 55821 2744 FAMILY SPORT & FITNESS 55822 484 FEDERAL EXPRESS 002294 002295 002296 002297 002298 002360 002361 55823 2875 GARDNER ROOFING 002299 55824 947 GRACE ALVAREZ 002410 55825 545 HACH COMPANY 002195 55826 2979 HARRINGTON DECORATING COM 002411 55827 561 HEMET AUTO GLASS 002300 55828 2090 HEMET BUILDING & GARDEN C 002155 002156 002196 002387 002388 002412 55829 947 HEMET DISCOUNT RENT A CAR 002301 55830 564 HEMET INDUSTRIAL SUPPLY 002157 002159 55831 2972 HEMET UNIFIED SCHOOL DIST 002302 55832 582 HEMET VALLEY PIPE & SUPPL 002207 002381 55833 591 HINDERLITE, DE LLMAS 002197 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 025-7250-410.11-10 050-9000-450.11-10 055-4170-450.11-10 096-9700-470.11-10 099-9700-470.11-10 010-1210-412.21-10 065-0000-201.08-63 010-3100-431.33-10 010-1110-411.21-10 050-9000-450.33-30 091-9700-470.31-20 010-3100-431.33-50 055-4170-450.33-30 055-4170-450.33-30 055-4170-450.33-30 055-4170-450.33-30 055-4170-450.33-30 025-7250-410.33-30 010-3100-431.30-90 055-4170-450.33-50 050-9000-450.33-30 058-3100-431.31-20 052-9026-450.40-01 055-4170-450.33-30 010-2500-425.30-90 10.00 110.00 10.00 10.00 10.00 620.00 13.26 19.90 33.16 225.00 225.00 81.41 81.41 * 106.54 106.54 1,611.10 1,611.10 357.00 357.00 17.78 43.10 11.31 11.31 24.24 10.70 118.44 98.85 98.85 26.36 28.25 54.61 300.00 300.00 1.48 37.93 39.41 324.27 324.27 620.00 33.16 225.00 81 r 41 +: 106.54 1,611.10 357.00 8.44 98.85 54.61 300.00 39.41 32427 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK NO VENDOR NO VENDOR NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO ACCOUNT PAGE 9 NG PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE AMOUNT (NET OF DISC/RETAIN) Nia TOTAL 55834 2641 HOME DEPOT CREDIT SERVICE 002198 002199 002200 002201 002202 002203 002204 002205 002206 55835 1590 HORIZON WATER 55836 1196 HTE USER'S GROUP 55837 605 I.B.M. CORP. 55838 55839 55840 611 INLAND CHEVROLET 002258 002373 002413 002183 002303 002304 002305 002317 616 INLAND FOUNDATION ENG. IN 002259 619 INLAND WATER WORKS SUPPLY 002160 002161 002162 002208 002209 002210 002211 002306 55841 2661 INTERSTATE SWEEPING LTD. 002346 002347 002221 002163 55842 55843 55844 1802 JOE MCMILLIN 2929 JOHN F. WAGER JR. 947 JOHN LUGIDICE 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 025-7100-410.33-30 010-7400-425.33-10 021-4150-410.33-10 025-7100-410.33-10 025-7252-410.33-30 025-7250-410.33-30 021-4150-410.33-10 055-4170-450.21-80 055-4170-450.21-80 010-3100-431.35-10 010-2500-425.34-05 010-2500-425.34-05 010-1400-414.31-20 050-9000-450.33-30 055-4170-450.33-30 010-2500-425.34-05 021-4150-410.33-50 052-9026-450.40-01 052-9026-450.40-01 052-9026-450.40-01 052-9026-450.40-01 052-9026-450.40-01 052-9026-450.40-01 052-9026-450.40-01 052-9026-450.40-01 050-9000-450.33-30 056-4150-450.34-05 056-4150-450.34-05 020-2200-419.30-90 010-1200-412.31-20 95.49 54.94 336.27 73.08 66.75 29.77 87.97 496.85 145.46 1,386.58 42.40 21.10 26.10 89.60 80.00 80.00 58.96 47.17 137.63 243.76 31.28 31.28 1,782 00 1,782.00 85.99 120.68 102.04 137.92 346.96 117.86 721.94 5.71 639.10 181.18 3,142.00 3,323.18 1,065.50 1,065.50 128.93 128.93 386.58 639.10 3,323.18 1,065.50 128.93 PREPARED12/01/2000, PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK NO VENDOR NO 14:09:59 VENDOR NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO ACCOUNT PAGE 10 ACCOUNTING PERIOD 2001/06 REPORT NUMBER - 10 REMITTANCE AMOUNT (NET OF DISC/RETAIN) TOTAT 55844 947 JOHN LUGIDICE 002414 55845 641 JOHNSON MACHINERY 002164 55846 947 JOSE RAMIREZ 002415 55847 648 KARL E. BUCHWITZ, DBA 002165 002307 55848 55849 55850 55851 2797 KATHY MEADOWS 2973 KENNETH COPE 947 KIMBERLY GUINN 2626 KINKOS 002308 002309 002377 002166 002167 002168 002184 002212 002310 002311 55852 1042 L.B. WALBORN 002313 55853 2800 LANCASTER INSPECTION SERV 002369 55854 947 LOIS RUTH WINSLOW 55855 2971 MARCH AFB AERO CLUB 55856 710 MARDEN-SUSCO 55857 718 MATICH CORPORATION 55858 2688 MBNA AMERICA BUSINESS CAR 002354 002213 002214 002215 002216 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 065-0000-229.08-67 055-4170-450.33-50 065-0000-229.08-67 065-0000-103.12-07 065-0000-201.06-01 010-1700-417.30-90 010-1700-417.30-90 065-0000-229.08-67 010-4100-410.21-10 010-0000-308.06-01 010-0000-308.06-01 010-1400-414.21-10 010-1400-414.21-10 010-2500-425.30-90 096-9700-470.36-25 010-3100-431.33-10 010-3300-431.30-90 065-0000-229.08-67 010-1100-411.21-10 052-9026-450.40-01 022-4154-410.40-01 022-4162-410.40-01 24.32 24.32 2,182.50 1,583.75 3,766.25 100.00 100.00 100.00 100.00 3.55 3.55 6.47 215.26 142.23 129.05 72.80 129.30 383.59 1,078.70 206.50 206.50 2,070.90 2,070 90 42.00 42.00 300.00 300.00 93.04 93.04 3,633.50 59,860.30 63,493.80 24.32 3,766.25 100.00 100.00 3.55 1,078.70 206.50 2,070.90 42.00 300.00 93.04 63 493.80 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK VENDOR VENDOR NO NO NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO ACCOUNT PAGE 11 NG PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE AMOUNT ACCOUNT (NET OF DISC/RETAIN) cu�ex TOTAL 55858 2688 MBNA AMERICA BUSINESS CAR 002372 12/08/2000 010-2500-425.21-10 55859 698 MC CROMETER INC. 002374 12/08/2000 050-9000-450.33-30 002376 12/08/2000 052-9026-450.40-01 002382 12/08/2000 052-9025-450.40-01 55860 1080 MCI TELECOMMUNICATIONS 002217 12/08/2000 010-3100-431.35-16 55861 2922 MCM CONSTRUCTION, INC. 002349 12/08/2000 091-9700-470.40-01 55862 2975 MIKE MC COMAS AUTO BODY R 002314 12/08/2000 010-3100-431.33-50 002315 12/08/2000 010-3100-431.33-50 55863 947 MILLER JONES MORTUARY 002218 12/08/2000 065-0000-201.08-62 55864 732 MISSION UNIFORM SERVICES, 002244 002245 002246 002247 002316 55865 770 O.K. ASSOC. INC. 002318 002319 002345 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 010-7400-425.34-05 025-7100-410.21-35 050-9000-450.21-35 021-4150-410.21-35 021-4150-410.21-35 065-0000-201.06-01 065-0000-201.06-01 056-4150-450.34-05 55866 2339 ORANGE COAST TITLE 002169 12/08/2000 096-9700-470.30-90 55867 780 OVERNIGHT INDUSTRIAL 002219 12/08/2000 055-4170-450.33-30 55868 2873 PARSONS BRINCKERHOFF CONS 002220 12/08/2000 091-9700-470.40-01 55869 947 PCL FOUNDATION 002379 12/08/2000 010-1200-412.21-10 55870 1001 PIERCE PLUMBING 002170 12/08/2000 050-9000-450.33-30 002171 12/08/2000 055-4170-450.33-30 002172 12/08/2000 055-4170-450.33-30 002225 12/08/2000 021-4150-410.33-10 002416 12/08/2000 025-7100-410.21-35 69.97 69.97 304.29 64.00 189.00 557.29 297.10 297.10 274,947.55 274,947.55 1,469.77 925.00 2,394.77 2,105.83 2,105.83 31.05 30.84 293.73 106.40 32.10 494.12 319.18 504.86 1,595.96 2,420.00 -� 500.00 500.00 16.1 16.11 28,173.45 28,173.45 20.00 20.00 77.26 105.88 22.70 63.97 25.55 69 97 557.29 297.10 274,947.55 2,394.77 2,105 .83 494.12 2,420.00 500.00 6. 28,173.45 20.00 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK VENDOR VENDOR NO NO NAME ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER VOUCHER P.O. DATE NO NO PAGE 12 ACCOUNTING PERIOD 2001/06 REPORT NUMBER 10 RRMITTNIM ACCOUNT (NET OF DISC/RETAIN) TOTAL. 55870 1001 PIERCE PLUMBING 002417 12/08/2000 002418 12/08/2000 025-7100-410.21-35 025-7100-410.21-35 55871 924 PIONEER AMERICAS, INC. 002173 12/08/2000 050-9000-450.33-30 002174 12/08/2000 050-9000-450.33-30 002226 12/08/2000 050-9000-450.33-30 55872 810 PITNEY BOWES 002320 12/08/2000 010-2500-425.34-05 55873 2606 PRESS ENTERPRISE 002175 12/08/2000 010-1110-411.36-25 002176 12/08/2000 010-1110-411.36-25 002227 12/08/2000 010-1110-411.36-25 002228 12/08/2000 010-1110-411.36-25 002321 12/08/2000 010-1700-417.36-25 002322 12/08/2000 010-1700-417.36-25 002323 12/08/2000 010-1700-417.36-25 002324 12/08/2000 010-1700-417.36-25 002357 12/08/2000 010-1110-411.36-25 002358 12/08/2000 010-1110-411.36-25 55874 2288 PRYOR RESOURCES, INC. 002151 12/08/2000 025-7100-410.30-90 002152 12/08/2000 050-9000-450.31-20 55875 597 QUALITY AUTO PARTS 002256 12/08/2000 055-4170-450.33-50 002344 12/08/2000 021-4150-410.33-30 55876 2777 QUALITY TURF 002177 12/08/2000 028-7100-410.40-01 55877 947 QUICK & CLEAN 002325 12/08/2000 010-3100-431.30-90 55878 2869 RAUL RAMOS 002229 12/08/2000 010-3100-431.34-05 55879 2405 RELIABLE 002326 12/08/2000 010-1700-417.21-10 002327 12/08/2000 010-1200-412.21-10 002328 12/08/2000 010-1400-414.21-10 002329 12/08/2000 010-4100-410.21-10 002330 12/08/2000 010-1200-412.21-10 002331 12/08/2000 010-2500-425.21-10 002332 12/08/2000 010-1400-414.21-10 002333 12/08/2000 010-3300-431.21-10 26.70 22.46 344.52 1,821.61 771.98 771.98 3,365.57 513.00 513.00 220.80 342.72 82.56 55.68 72.96 113.28 72.96 94.08 320.64 140.16 1,515.84 195.00 195.00 390.00 3.88 30.17 34.05 148.91 148.91 11.99 11.99 3,040.00 3,040.00 23.48 12.98 10.05 25.32 110.35 20.24 9.96 9.27 221.65 344.52 3,365.57 513.00 1,515.84 390.00 34.05 148.91 11.99 3,040.00 221.65 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet CHECK NO VENDOR NO VENDOR NAME ACCOUNTS PAYABLE CHECK REGISTER: BY BANK NUMBER VOUCHER P.O. DATE NO NO ACCOUNT PAGE 13 ACCOUNTING PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE ARM (NET OF DISC/RETAIN) Mnt TOTAL 55880 2633 RETIRED PLUMBER & SON 002334 55881 2974 RICHARD HIXSON 002335 55882 2169 RIVERSIDE COUNTY FIRE DEP 002419 55883 2877 ROBISON-PREZIOSO, INC. 002356 55884 893 ROTO-ROOTER SERVICE 002178 002179 002230 55885 2845 S.C.A.C.E.O. 002337 55886 916 SAN JACINTO UNIFIED SCHOO 002231 55887 456 SIRCHIE LABS 002336 55888 440 SMART & FINAL 002232 55889 2976 SOCIALTECH INC. 002342 55890 420 STAPLES 002233 002234 002235 002236 002237 002238 002239 55891 1166 STATER BROS 002180 55892 2781 STEVE WARNEKE 002338 55893 2406 STRATTONS JANITORIAL SERV 002370 002371 002420 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 12/08/2000 010-3100-431.33-10 010-1700-417.30-90 065-0000-201.20-82 050-9000-450.40-01 055-4170-450.34-05 055-4170-450.34-05 052-9026-450.40-01 099-9700-470.31-20 021-4150-410.21-70 010-3100-431.21-80 010-2500-425.21-10 010-3100-431.40-45 010-3100-431.21-10 010-1100-411.21-10 010-3300-431.21-10 010-1700-417.21-10 096-9700-470.21-10 010-3100-431.21-10 010-3100-431.21-10 010-1100-411.21-10 010-1700-417.30.90 010-7400-425.34-05 010-2500-425.34-05 010-7400-425.34-05 1,937.28 1,937.28 18,348.93 18,348.93 295.00 269.38 358.50 922.88 40.00 40.00 1,293.94 1,293.94 406.40 406.40 106.40 106.40 10,188.75 10,188.75 404.61 34.64 143.66 143.66 143.66 150.83 18.64 1,039.70 45.82 45.82 100.00 100.00 590.00 475.00 1,180.00 * 1,937.28 18,348.93 922.88 40.00 1,293.94 406.40 106.40 10,188.75 1,039.70 45'.82 100.00 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT PAGE 14 ACCOUNTING PERIOD 2001/06 REPORT NUMBER 10 REMITTANR AMOk1IIT (NET OF DISC/EFTATN) TOTAL 55893 2406 STRATTONS JANITORIAL SERV 002421 12/08/2000 010-2500-425.34-05 950.00 3,195.00 55894 2898 SUBBARAYAN KRISHNAN, M.D. 002339 12/08/2000 010-1210-412.30-90 265.00 002340 12/08/2000 010-1210-412.30-90 400.00 002341 12/08/2000 010-1210-412.30-90 115.00 780.00 * 55895 2393 SUNRISE AIR CONDITIONING 002352 12/08/2000 010-3100-431.40-45 3,266.40 3,266.40 55896 2130 SUPERIOR READY MIX CONCRE 002181 12/08/2000 002240 12/08/2000 002241 12/08/2000 052-9026-450.40-01 052-9026-450.40-01 052-9026-450.40-01 143.31 193.95 203.95 541.21 * 541.2 55897 408 TAC EXTERMINATORS OF HMT. 002367 12/08/2000 010-7400-425.34-05 105.00 105.00 55898 249 THE COUNSELING TEAM 002266 12/08/2000 010-1210-412.30-90 002268 12/08/2000 010-1210-412.30-90 55899 947 TINA DOANE 002182 12/08/2000 065-0000-229.08-67 55900 947 TRAUTWEIN CONSTRUCTION 002378 12/08/2000 065-0000-229.08-67 55901 2754 TRAUTWEIN CONSTRUCTION 002248 12/08/2000 022-4160-410.40-01 002350 12/08/2000 052-9012-450.40-01 55902 360 VALLEY ELECTRIC 002185 12/08/2000 025-7252-410.33-30 55903 340 VALLEY WIDE RECREATION 002186 12/08/2000 025-7260-410.34-05 55904 526 VERIZON CALIFORNIA 002146 12/08/2000 091-9700-470.40-01 55905 2798 VULCAN MATERIALS COMPANY 002187 12/08/2000 021-4150-410.33-10 002242 12/08/2000 055-4170-450.33-30 002386 12/08/2000 055-4170-450.33-30 175.00 175.00 350.00 8.72 8.72 9.61 9.61 9.61 155,197.60 194,633.40 349,831.00 05.00 378.24 378.24 * 1,423.00 1,423.00 254.89 254.89 * 132.67 174.80 165.93 473.40 * 55906 540 W.W. GRAINGER, INC. 002154 12/08/2000 021-4150-410.33-30 179.95 002348 12/08/2000 021-4150-410.33-30 98.69 278.64 1,423.00 254.89 278.64 PREPARED12/01/2000, 14:09:59 PROGRAM: GM346L Bank of Hemet BANK 00 Bank of Hemet ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER CHECK VENDOR VENDOR VOUCHER P.O. DATE NO NO NAME NO NO ACCOUNT PAGE 15 ACCOUNTING PERIOD 2001/06 REPORT NUMBER 10 REMITTANCE AMOUNT (NET OF DISC/RETAIN) CHECK TOTAL 55907 324 WEST GROUP 002343 12/08/2000 002362 12/08/2000 55908 316 WESTERN HIGHWAY PRODUCTS 002188 12/08/2000 002243 12/08/2000 55909 307 XEROX CORPORATION 002368 12/08/2000 002422 12/08/2000 010-3100-431.21-15 010-1110-411.21-10 021-4150-410.33-10 021-4150-410.33-30 010-7400-425.34-05 055-4170-450.21-10 BANK/CHECK TOTAL ALL BANKS/CHECKS TOTAL 51.72 51.72 03.44 99.13 60.88 60.01 105.70 216.71 322.41 1,438,331.27 1,444,565.29 MEMORANDUM December 1, 2000 TO: Honorable Mayor and Council Members FROM: Grace Alvarez, Administrative Assistan o the City Manager SUBJECT: City Council Agenda Item No's 5.2 Regular City Council Agenda Item No. 5.2 — Minutes of the Regular Meeting of November 16, 2000 will be delivered to you on Tuesday, December 5, 2000. Thank you. CITY MANAGER MINIJTES REGULAR MEETING SAN JACINTO CITY COUNCIL November 16, 2000 SJUSD Board Room 2045 S. San Jacinto Avenue San Jacinto, California ORGANIZATION 1.1 Mayor Williams called the regular City Council meeting to order at 7:10 p.m., with the following members present: Ayres, Good, Carlson Buydos, Conner, and Williams. Absent: None 1.2 Invocation by Chaplain Cooper of Grace Memorial Church of Hemet 1.3 The Pledge of Allegiance was led by Vice Mayor Ayres. 1.4 Special Presentations • Proclamation - Bible Week - November 19 - November 26, 2000 • Presentation to the City of San Jacinto by the Estudillo Mansion Restoration Committee - Remaining Funds from the Open House Fun Raiser were presented to the City Council • Swearing in Stuart Heller, Chief of Police Presentation by Kimberly Ittig - Third District Supervisor's Youth Council - Project: Estudillo Mansion Carriage House Painting 2. PUBLIC COMMENTS Randy Record, 1480 De Anza Dr., San Jacinto, CA. Mr. Record introduced himself to the Council as the recently elected EMWD Board Member, representing the City of San Jacinto and taking office in January 2000, made himself available for any plans or projects the City wants to address to EMWD regarding water issues. Gene Hutcheson, 829 Horizon Ct., San Jacinto asked that the Council consider a change in the speed limit on Ramona Boulevard between State Street and Chase Street. Ted Lincke, 2053 Montpelier Ct., San Jacinto, CA., asked if the City Council would continue to install the pavement markers throughout the tract. He reported the pavement markers are helping reduce the speed of the drivers in the New Beginnings Subdivision. Mr. Phil Brigandi, 709 W. Stetson Ave., Hemet, CA., introduced himself to the Council as the new San Jacinto Museum Curator. Ms. Sheila Rand, 1089 De Anza Dr., San Jacinto, Principal at the De Anza Elementary School thanked the Council and the City for the improvements installed on Ramona Boulevard and De Anza Drive, as well as the paving improvements along Cottonwood and Seventh Street. 3. PUBLIC HEARING 3.1 Approve Amendment of Article 17.02 (C), Article 17.04 (C )(4), and Article 17.04 (C)(5) of Ordinance No. 340, to require the approval of a Conditional Use Permit prior to allowing for the sale of alcoholic beverages. Mayor Williams called on Planning Director Hults who summarized his staff report dated November 16, 2000 and provided background on the Council's discretionary review for businesses that intend to sell alcohol beverages. This item was presented to the Planning Commission at their meeting of October 18, 2000. The Planning Commission approved the changes and recommends that the Council introduce ordinance and authorize the process of the new ordinance Council Member Carlson Buydos asked how the Commission arrived at the provision of requiring a Conditional Use Permit for all uses seeking the sale of alcoholic beverages. Planning Director Hults responded that the Commission felt a discretionary review of all such uses was necessary to avoid potential problems associated with the sale of alcohol. Council Member Carlson Buydos asked if the Commission considered the banning of these facilities near any special uses, such as residential areas and schools. Planning Director Hults responded that the Commission did not consider that option. 2 Council Member Good asked for clarification of some paragraphs in the ordinance and asked that corrections be made accordingly. Planning Director Hults responded that any typographical errors and/or unclear statements would be corrected before this ordinance is presented to the Council for its passage. Public Hearing was Opened. Howard Deets, 153 Estudillo Ave., San Jacinto, commented about the City of Temecula and particularly referred to Winchester Road where the City did not allow AM PM to sell alcohol beverages due to its proximity to Chaparral High School. Mayor Williams clarified that the proposed ordinance does not affect existing businesses, however, it would affect new business opening its doors. Public Hearing was Closed. Council Member Carlson Buydos showed concern regarding the ordinance's structure. Her concerns were that the City is transitioning from no regulations at all to complete regulation of sale of alcohol beverages. She also commented that the proposed ordinance should not affect grocery stores. However, standards should be established to protect nearby businesses and properties from potentially problematic uses such as bars and liquor stores. She asked that the rest of the Council consider her comments and that staff check with other neighboring cities regarding existing regulations for sale of alcohol beverages around school areas. Mayor Williams asked if this was an administrative review or a public hearing process, and if it could be tailored to have an administrative review. Planning Director Hults responded that only when requests for alcohol beverage sales are submitted in areas of over -concentration, does the Council have any discretion. City Manager Wager suggested the Council consider Council Member Carlson Buydos' approach for stronger definitions for the level of review. Vice Mayor Ayres suggested this item be discussed at the upcoming joint meeting with the Planning Commission. 3 Council Member Conner asked if Council Member Carlson Buydos opposed to the sale of alcohol beverages at the neighborhood stores, bars, and corner stores. Council Member Carlson Buydos responded she did not totally oppose such uses, but wants to create a policy that has discretion for its sale and standards in place to protect surrounding uses. City Manager Wager responded that the trigger of the Conditional Use Permit could be used as a mechanism to protect the neighborhoods. Council Member Carlson Buydos suggested that staff bring back a report with several options that could be incorporated into the ordinance. 4. CITY DEPARTMENTS 4.1 Reprogramming of CDBG Funds Mayor Williams called on Planning Director Hults who summarized his report dated November 16, and presented the different options projects for reprogramming of CDBG funds. Council Member Conner responded he did not oppose the transfer of funds for the Line "E" bridges to other projects. However, wants to see the expansion of the bridges when the project is built. He favored the security fencing for the Estudillo Mansion, and the reconstruction of porch and balcony. He also suggested the retrofit of the carriage house be included in the CDBG reprogramming of funds. Vice Mayor Ayres asked if the engineering of the porch has been paid out of the designated funds. Planning Director Hults responded affirmatively. Council Member Good asked how long it would take to complete the restoration of the mansion to its full potential. Planning Director Hults suggested consulting with a restoration architect to make the necessary recommendations for the mansion and the completion of the restoration would depend on the availability of funds. Council Member Carlson Buydos asked about the proposal for Bath Well Recoating. 4 Public Works Superintendent Lavin responded Bath Well is one of the reservoirs that need to be retrofitted. Bath Well has never been cleaned or recoated, and needs to be recoated. He hoped that no structural repairs would be needed. However, this can only be determined upon its inspection, and sandblasting of the recoating process. Council Member Conner asked if it was worthwhile investing $80,000 into these old tanks or it would be more feasible to rebuild brand new tanks. Mayor Williams asked what was the estimated cost for cleaning and recoating of a water tank. Public Works Superintendent Lavin responded approximately $80,000. The high cost is due to the special paint used for the interior recoating. He further commented that the City was planning to bring the tank down for repairs before the next winter. M/S/C (WILLIAMS/AYRES) to reprogram $66,392.45 FROM Victoria Venue, Phase III Improvements and $40,000 from Line "E" Bridges to the Estudillo Mansion Restoration Project. Ayes: Ayres, Carlson Buydos, Conner, Good, and Williams Noes: None City Department Agenda Items were moved as follows: 4.4 AB 2928 - Traffic Congestion Relief Funds Mayor Williams called on City Engineer Motlagh who summarized his staff report dated November 16, 2000, and asked that the Council approve the expenditure of $186,206.70 for providing a right turn lane pocket on Ramona Expressway (east bound) at Eagle Drive, and reconstruction of Potter Road and Ramona Blvd. Intersection. Council Member Carlson Buydos asked if there were other projects that were a priority and could be use these available funds to accelerate its completion. City Engineer Motlagh responded that the balance of the funds could be used for the completion of Lyon Avenue improvements. Public Hearing was Opened. John Ferguson, 1020 Oxford Ln., San Jacinto supported the right lane turn on Ramona Expressway and Eagle Drive. He commented there is 5 no shoulder road and this intersection crates a dangerous traffic situation when the turning cars slow down to make the right hand turn. He commented other residents of the area were in the audience and were in support of the project. Council Member Conner asked Mr. Ferguson if he recommended street lighting and a traffic signal at this intersection to improve the safety of its drivers. John Ferguson responded affirmatively. Carey Englin, 1004 Sussex Rd., San Jacinto, supported the expenditure of the funds on the intersection improvements and talked about the different situations encountered by the drivers causing traffic problems. Russ Bogue, 398 Buckingham Dr., San Jacinto concurred with the concerns presented by other residents, and the flooding situation during rainy seasons. City Engineer Motlagh suggested using the remaining balance of the funds for the improvements on Lyon Avenue. M/S/C (AYRES/GOOD to approve expenditure of AB 2928 funds to provide a right turn lane on Ramona Expressway (east bound) at Eagle Drive, and balance of designated funds to provide funding for Lyon Avenue. Motion failed to lack of votes. M/S/C (CONNER/WILLIAMS) to approve expenditure of AB 2928 funds to provide a right turn lane on Ramona Expressway (east bound) at Eagle Drive, and to study the west bound side of Ramona Expressway at Eagle Drive. Ayes: Ayres, Carlson Buydos, Conner, Good, and Williams Noes: None 4.3 Update on the Project Study Report being prepared for the Highway 79 alignment through the San Jacinto Valley Mayor Williams called on City Engineer Motlagh who introduced Hideo Sugita of Riverside County Transportation Commission, and E. Vincent Hourigan, Principal Engineer with CH2Mhi. Mr. Sugita reported the environmental documents for the realignment of Highway 79 are moving ahead of schedule. The biological report is also moving forward and is 6 identifying any constraints, lie commented Habitat identification process . might be completed by March 2001 with the cooperation of the weather. He presented a timeline of events for the completion of the environmental process. 4.2 Multi Species Habitat Conservation Program -- County Alternatives Mayor Williams called on Planning Director who summarized his staff report dated November 16, 2000 and presented the Alternatives 1, 2, 2A, 3, and 4, and asked that the Council make a determination on the selection of the alternative that will have a lesser impact on the development of the City's west land area. He also indicated that other jurisdictions were considering a development fee to help implement this program. He suggested that the City defer any action on a fee until the plan is further reviewed. He suggested working with the City of Hemet to determine whether it is suitable wetland habitat, as special soil conditions must exist before it can be declared wetland areas. The City of San Jacinto is not sure if these conditions indeed exist. City Manager Wager talked about the constraints of our City to approve a plan compared to other cities that have a better economic base like the City of Corona and Riverside. Council discussed the different alternatives and fees involved to pay for the study. City Manager suggested that the City of San Jacinto present an alternative choice at the joint meeting of the different cities involved of December 11, 2000. He did not agree with any of the current alternatives, and objected to reducing the potential commercial industrial acreage in the west part of town to comply with WRCOG plan. He suggested working with the City of Hemet and come up with a plan that incorporates the hillside and modifies Alternative 2A and 3. Staff welcomed the input and would proceed as needed based on the direction provided by the Council. 5.0 CONSENT CALENDAR — CITY COUNCIL 5.1 Quarterly Financial Report - September 30, 2000 5.2 Dedication to RCFC — Lake Park Drive Easement 7 5.3 Approve Warrant Register for Warrants, Prepaid Checks, and Payro Checks 5.4 Approve Minutes of Regular Meeting of November 2, 2000 5.5 Receive Treasurer's Report - October 2000 M/S/C (BUYDOS/AYRES) to approve Consent Calendar I through 5.5 as presented. Ayes: Ayres, Carlson Buydos, Good, Conner, and Williams. Noes: None Mayor Williams recessed to the Redevelopment Agency Agenda at 9:45 p.m. Mayor Williams readjourned the meeting for Council Comments and Closed Session at 9:47 p.m. 6.0 MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 6.1 Mayor Williams reported on Proclamation presented to Race Community Week at Gibbell Park. He also reminded the rest of the Council regarding the upcoming mid -year budget in January 2001. He also reported on the article published on Hawaiian Popcorn who is a provider to major customers and asked that staff visit the facilities and talks to the owners regarding their needs for expansions. He asked that Vice Mayor Ayers be designated as the lead Council Member to work with City Manager Wager in the planning of First Night Event ® planned for 2001-2002. 6.2 Vice Mayor Ayres reported on the RTA presentation from different section in the County where these communities' students painted the RTA buses, and suggested that the City proceed with the same program. He also reminded Council regarding the upcoming Millennium Bridge Dinner and Dedication programs on December 1" and 2n. 6.3 Council Member Carlson Buydos reported on the San Jacinto branch line demonstration projects using federal fund to start new rail access from the Perris Station that would assist the communities with freight access. She also reported on the recent CFD No. 2 meeting that was productive and informative. 8 6.4 Council Member Good reported on the Franchise Agreement Meetings held with Adelphia Communications and SCE in an effort to receive greater franchise funds through the re negotiated agreements. 6.5 Council Member Conner reported on the meetings held with Adelphia Communications and SCE to renegotiate the franchise agreements, and reported that Adelphia Communications pays 40% more than SCE. He also reported on the VEDC meetings and their efforts to recruit interested business owners to the area. 7.0 CLOSED SESSION: 7.1 Closed Session pursuant to Section 54957 Public Employee Performance Evaluation Title: City Manager No action taken 8.0 ADJOURNMENT at 10:30 p.m. Grace Alvarez, City Clerk 9 December 7, 2000 AGENDA ITEM 5 3 TO: The Honorable City Council FROM: Bob Lavin, Public Works Superintendent SUBJECT: Approve Contract Agreement for Street Sweeping Services — Nationwide Environmental Services RECOMMENDATION: By motion, authorize the Mayor to sign the Contract Agreement for Street Sweeping Services with Nationwide Environmental Services. BACKGROUND: On September 21, 2000, the Council authorized staff to solicit proposals for street sweeping services, as the previous contract with Pacific States Corporation, Inc. had expired as of August 19, 2000. By the deadline for bid submittals of October 23, 2000, no bids were received. Staff then administratively extended the bid date and re -advertised for bid proposals; extending the date to November 8, 2000. On November 8, 2000, the City Clerk's Office received two sealed bids. The lowest bidder was Nationwide Environmental Services for a monthly total of $5,479.00, translating to $65,748.00/year. The second bid received was from Interstate Sweeping (Pacific States Corporation,) for a monthly total of $5,780.00, translating to $69,360.00/year. The current cost to the City for the street sweeping services provided by Pacific States is approximately $3,142.00 per month. In addition, the City is charged approximately $350.00 per month by O.K. Associates to transfer waste material to CR&R and the associated costs to rent the trash bins. The City is also charged again approximately $350.00 per month by CR&R for the processing of sweeper waste. Thus the total cost to the City for street sweeping, transportation of sweeper waste, and processing of sweeper waste is $3,842.00 per month. With the low bid submitted, the contractor will be responsible for all the charges associated with the street sweeping, for a total monthly cost of $5,229.00. This represents an increase of $1,387.00 per month. Under the proposed contract, the City is keeping the base services currently performed by Pacific States, which consists of sweeping approximately 200 curb miles within the City, on a once per month basis for residential districts, twice per month for commercial and arterials, and once per week for Main Street. However, staff hopes to reduce the number of complaints currently received from residents. One critical component of this new service is that the City will comply with the requirements from South Coast Air Quality Management District, Rule 1186, and PM-10. Rule 1186 is a combination of testing and certification for street sweeping equipment to be used for commercial uses, that went into effect January 1, 2000. The PM-10 compliance process measures both the amount of debris removed from the road surface and the amount of dust expelled during the sweeping operation. Nationwide Environmental Services has certified SCAQMD equipment that would use in the City under the contract proposal. References have been checked with the cities of Huntington Beach, Commerce, and Montebello, and their rating is excellent. JUSTIFICATION: The City is currently working on a month -to -month basis with Pacific States/Interstate Sweeping Company. The need for a formal annual contract will secure the services to the city without any interruptions. BUDGETARY IMPACT: The City's monthly increase under the proposed contract is $1,387.00, or $16,644.00 per year. For the current remaining months of the fiscal year, assuming this contract is awarded and contractor starts December 18, 2000, a mid year budget amendment of approximately $8,813.00 would be required. However, under the current agreement with the County of Riverside, the City is reimbursed for the sweeping services through the City's share of CSA funds assessed through the property tax bills. Nationwide Environmental Services $5,479 x 7 months $38,353. Cal Trans Reimbursement for Hwy 79 $250 x 7 months $ 1,750. Subtotal $36,603. CSA 152 Balance Available for FY 2000-2001 $27,790. Projected Over budget $ 8,813. Because of the reimbursement agreement, there is no fiscal impact to the City's General Fund. ATTACHMENTS: - Bid Summary Bid Date: Nov. 8, 2000 @ 2:00 pm Street Sweeping Services COMPANY NAME: Total Bid Bid Bond (Yearly Cost) Nationwide Env. Services Interstate Sweeping $5,479.00/mo. Yes $65,748.00 $5,780.00/mo. Cashier's Check $69,360.00 TO: FROM: SUBJECT: December 7, 2000 AGENDA ITEM 5.4 The Honorable City Council Habib Motlagh, CityEngineey�r` Approve Notice of Completion for the Skyview Park Tot Lot Improvements - American Restoration and Construction RECOMMENDATION: By motion, approve the Notice of Completion for Skyview Park Tot Lot Improvements, and authorize release of retention in the amount of $9,050.10, thirty days after recordation of the Notice of Completion, and upon completion of minor concrete work. BACKGROUND: On May 4, 2000, the City Council awarded the contract to American Restoration and Construction for the Tot Lot and Park Improvements to Skyview Park. The work commenced on or around May 22, 2000, and was completed on schedule on August 18, 2000. However, upon completion of the slab City inspectors identified cracks on the slab in and around the gazebo. The City is requiring that the cracks be repaired. Upon completion of the repair work, and approval by the City, the City will release the retention funds in the amount of $9,050.10, plus $300.00 for additional steel to reinforce the concrete. The City Council at their meeting of May 4, 2000, authorized expenditure of $107,684.50, which included 10% contingency. As of the completion of the work, the total contract cost including retention is $100,396.01. JUSTIFICATION: To comply with the terms of the contract, the City needs to file the Notice of Completion with the County Recorder's Office, and retention funds must be released upon the completion of the repair work. BUDGETARY IMPACT: Proper funds have been budgeted improvements. ATTACHMENTS: Notice of Completion n the current fiscal year to 'offset the cost of these WHEN RECORDED RETURN TO: CITY CLERK: City of San Jacinto 201 E. Main Street San Jacinto, Ca 92583 NOTICE OF COMPLETION Notice is hereby given by the undersigned owner, the fee simple owner of the project site and a political subdivision of the State of California, that a public work of improvement described as the Skyview Park Structures and Playground Equipment Project has been completed and was accepted by the undersigned awarding authority on the date hereof. The Contractor on such work was American Restoration and Construction, and the surety bond is with First National Insurance Company of America of Santa Ana, CA. The real property upon which said work was performed is in the City of San Jacinto, County of Riverside, State of California and described as: 920 Skyview Dr., San Jacinto, CA 92582. Date: December 7, 2000 City of San Jacinto (Date of Completion) (Name of Political Subdivision) By Title; STATE OF CALIFORNIA COUNTY OF RIVERSIDE I hereby certify that I am the City Clerk of the City Council of the City of San Jacinto, California the political subdivision which executed the foregoing notice and on whose behalf I make this verification: that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Jacinto, California on December 7, 2000 City Clerk December 7, 2000 TO: The Honorable City Council FROM: Habib Motlagh, City Engineer SUBJECT: Disadvantaged Business Enterprise (DBE RECOMMENDATION: By Motion, adopt Resolution No. 2268 approving Cal Trans Model Disadvantage Business Enterprise (DBE) Program, and adopt the City's own methodology plan to achieve DBE compliance. BACKGROUND: Each year, agencies requesting Federal funds for Transportation projects must adopt and/or update their DBE goal. The goal is intended to provide additional opportunity for disadvantage/minority businesses bidding construction projects, particularly those projects funded by Federal and State funds. Our goal last year was 10%. This year, we have established a 7% goal. During the last fiscal year, we were able to have participation by some DBE subcontractors with our various capital improvement projects. The new Federal regulations require agencies to review their prior year DBE experience and utilize the data for establishing the next 2-year goal. A full copy of the draft DBE report is available at the City Clerk's office for public review and comment. Federal guidelines also require public participation and review of the DBE Overall Goal. The first notice was published in the Press Enterprise on November 28, 2000. We are also planning to notice this issue in Black Voice, which is a minority publication on December 7, 2000. The intent of the public notices is to encourage public and minority participation in federally funded construction projects. The public will have a period of forty-five day to review and comment on the proposed DBE plan. Cal Trans has requested that all agencies receiving federal funds to adopt the DBE plan no later than January 1, 2001, even though, we received the approval of our DBE plan on November 16, 2000. In the event of any change requested by public during the forty-five day public comment period, we will contact Cal Trans and provide them with a report of the comments and request their assistance with the response. A copy of the complete plan is available at the City Clerk's office for Council and public review. JUSTIFICATION: To ensure federal funds are disbursed in a timely manner for the upcoming City Infrastructure Projects, the City must comply with new federal civil right's regulations related to contracting with registered Disadvantaged Business Enterprises (DBE) contractors. BUDGETARY IMPACT: None. ATTACHMENTS: - Resolution No. 2268 RESOLUTION NO. 2268 RESOLUTION OF THE CITY OF' SAN JACINTO REGARDING NECESSITY OR EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR IDENTIFICATION AND SELECTION FOR CAPITAL IMPROVEMENT PROJECTS UTILIZING FEDERAL FUNDS (REQUIRED BY PUBLIC CONTRACT CODE SECTION 4109 ENTITLED "Public Emergency Grounds For Change") WHEREAS, the City of San Jacinto obtains Federal Funding Capital Improvement Projects; and WHEREAS, the City of San Jacinto intends to comply with new Federal Regulations as adopted by California Department of Transportation; and or WHEREAS, the City of San Jacinto will make a good faith effort to require participation by Disadvantaged Business Enterprises contractors for a minimum of 7% of the total construction cost of all Federal funded projects; and WHEREAS, the City of San Jacinto is hereby adopting a DBE Methodology Plan to be used in all Federal funded projects, which is based on the total dollar amount of the contract divided by the total cost of work, services, and goods provided by certified DBE businesses; and WHEREAS, this DBE Methodology Plan will be included in the Notice of Bids and Specification package to make the contractor aware of these regulations when bidding on City projects; and NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ADOPTS THE DBE METHODOLOGY PLAN AS FOLLOWS: Triaxial is a designated Cal Trans Consultant that can provide assistance on availability basis to the Cities and Contractor in locating certified DBE contractors. Department of Commerce can provide assistance in providing information to the Contractor regarding DBE listings of certified contractors. Bid Notices will be published in Minority Publications and Newspapers to reach out to the DBE and certified contractors. Bid Notices will also be posted in our Web Site Page to allowall interested DBE and other contractors the opportunity to bid on City projects. The successful contractor shall attempt to subcontract a minimum of 7% of the total construction cost to certified DBE contractors. In the case the Contractor cannot successfully find certified DBE subcontractors, vendors, or professional services through whatever means available to Contractor, he must submit proof of good faith effort in his/her documentation. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the City Council hereby adopts the Cal Trans DBE Program and City's DBE Methodology Program. 2000. MOVED, PASSED AND ADOPTED this day of ATTEST: City Clerk State of California) County of Riverside) s City of San Jacinto) Mayor I, Grace Alvarez, duly appointed City Clerk of the City of San Jacinto do hereby certify that the foregoing Resolution No. 2268 was adopted at a regular meeting of the City Council of the City of San Jacinto by the following called vote: AYES: NOES: ABSTAIN: Witness my hand and seal this day of 2000. TO: FROM: December 7, 2000 AGENDA ITE 5.6 The Honorable City Council Habib Motlagh, City Engineer SUBJECT: Cottonwood Estates Pavement Rehab Anza Drive and Cottonwood Avenue RECOMMENDATION: tation West of State Street between De Adopt the plans and specifications and authorize City Clerk to start bid advertisement. BACKGROUND: This is a project identified in Fiscal Year 2000-2001 budget. The work proposed is 0.10 foot grinding and overlay of existing pavement for all streets in Cottonwood Estates with the exception of Palomar Avenue. Palomar Avenue will receive 3 inches of new asphalt pavement (please refer to the attached exhibit.) A copy of the plans and specifications are available at City Clerk's office. JUSTIFICATION: This work is required to prolong the life of the pavement within this development. BUDGETARY IMPACT: $200,000 from Measure "A" has been allocated in this Fiscal Year for this work. Pending the outcome of the bid opening, additional funds may be required to complete this work. ATTACHMENTS: 1. Exhibit GRIND & OVERLAY 0. P AC. OVE EXIST. AC. & INSTALL 3" AC. OVER 12" COMPACTED SUBGRADE TTES