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1992 09 15 RDAT H E C I T Y O F La Qumta 1992 - 1992 Ten Cant Decade REDEVELOPMENT AGE NC Y AGENDA CITY COUNCIL CHAMBERS 78-105 Calls Estado La Quints, California 92253 REGULAR MEETING SEPTEMBER 15, 1992 - 3:00 P.M. CALL TO ORDER a) Roll Call APPROVAL OF MINUTES - Minutes of August 4, 1992 - Minutes of August 18, 1992 - Minutes of September 1, 1992 PUBLIC COMMENT BUSINESS SESSION Beginning Res. No. RA 92-18 1. Consideration of Adoption of Resolution Approving a Draft Indenture of Trust Securing Not to Exceed $6,000,000 La Quinta Redevelopment Project Area No. 2, Tax Allocation Bonds, Issue of 1992 and Approving a Preliminary Official Statement. Staff Recommendation: Adoption of Resolution. PUBLIC HEARINGS - None CONSENT CALENDAR 1. Approval of Demand Registers Dated August 18, September 1 and September 15, 1992. 000001 2. Approval of Consultant Services for Construction Staking on the Calle Tampico Improvement Project at a Cost Not to Exceed $35,000. 3. Authorization for Appraisal of Property at the Southeast Corner of Highway 111 and Washington Street. 4. Adoption of Resolution and Approval of Reimbursement Agreement with Coachella Valley Water District for Calle Tampico and Avenida Bermudas Sanitary Sewer. 5. Acceptance of Project 92-11 (Low -Mod Sewer Hook -Up) and Authorization for City Clerk to Record Notice of Completion. DEPARTMENT REPORTS a. Submittal of Statement of Financial Position July 1, 1991 - June 30, 1992 and July 1, 1992 - July 30, 1992. ADJOURNMENT DECLARATION OF POSTING I, Saundra L. Juhola, Secretary of the La Quinta Redevelopment Agency, do hereby declare that the foregoing agenda for the Redevelopment Agency Meeting of September 15, 1992 was posted on the outside entry to the Council Chamber, 78-105 Calls Estado and on the bulletin board at the La Quinta Chamber of Commerce on Friday, September 11, 1992. D t�d:Se tWHOSecretary , 1 922�.� SAUNDRA L. La Quinta Redevelopment Agency nnnnn0 i REDEVELOPMENT AGENCY MEETING DATE: September 15, 1992 ITEM TITLE: Approval of Resolution of the Board of Directors of the La Quinta Redevelopment Agency approving a Draft Indenture of Trust securing not to exceed $6,000,000 La Quinta Redevelopment Projet Area No. 2, Tax Allocation Bonds, Issue of 1992 and approving a preliminary official statement AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: BACKGROUND: Attached is the necessary resolution of the Redevelopment Agency approving the Draft Indenture of Trust and approving the Preliminary Official Statement for the Tax Allocation Bonds for the purpose of funding infra- structure improvements in the referenced project area. FISCAL IMPLICATIONS: NONE AT THIS TIME APPROVED BY: RECOMMENDATION: ADOPT the resolution of the Board of Directors of the La Quinta Redevelopment Agency approving a Draft Indenture of Trust securing not to exceed $6,000,000 La Quinta Redevelopment Project Area No. 2, Tax Allocation Bonds, Issue Of 1992 and approving a preliminary official statement. Submitted by: / 4 Signature Approved for submission to Chairman and members of the La Quints. Redevelopment Agency: 4M WA N,INTERIM CITY MANAGER 000003 RESOLUTION NO. RA RESOLUTION OF THE BOARD OF DIRECTORS OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING A DRAFT INDENTURE OF TRUST SECURING NOT TO EXCEED $6,000,000 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAX ALLOCATION BONDS, ISSUE OF 1992 AND APPROVING A PRELIMINARY OFFICIAL STATEMENT WHEREAS, the La Quinta Redevelopment Agency (the "Agency"), is a redevelopment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) and the powers of the Agency include the power to issue bonds and refunding bonds for any of its corporate purposes; and WHEREAS, the Redevelopment Plan for a redevelopment project known and designated as "La Quinta Redevelopment Project Area No. 2" has been adopted and approved by Ordinance No. 139 of the City of La Quinta, which became effective on June 15, 1989, and all requirements of law for and precedent to the adoption and approval of the Redevelopment Plan have been duly complied with; and WHEREAS, the Agency is authorized to issue the Bonds pursuant to the Community Redevelopment Law of the State of California (being Part I of Division 24 of the Health and Safety Code of the State of California, as amended); and WHEREAS, the Agency has been presented with a draft of an Indenture of Trust, La Quints Redevelopment Project Area No. 2, Tax Allocation Bonds, Issue of 1992, dated as of October 1, 1992, by and between La Quinta Redevelopment Agency and First Interstate Bank of California, as Trustee; and WHEREAS, the Agency proposes to sell the Bonds to the La Quinta Financing Authority and has recommended that Westhoff -Martin & Associates (the "Underwriter") purchase the Bonds from the La Quints Financing Authority; WHEREAS, Fieldman, Rolapp & Associates, Financial Consultant has prepared a preliminary official statement setting forth matters relating to the Agency and the issuance of the Bonds (the "Preliminary Official Statement"), copies of which have been presented to this Board of Directors; and WHEREAS, this Board of Directors desires to proceed to issue the Bonds. NOW, THEREFORE, the Board of Directors of the La Quints Redevelopment Agency DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct and this Board so finds and determines. SECTION 2. The issuance of the Bonds in the principal amount not to exceed $6,000,000 is hereby authorized. The Bonds shall mature on the dates, and shall be subject to redemption and other terms and conditions set forth in the Indenture hereby approved in substantially the form presented to this Board of Directors, said Indenture shall be modified by Bond Counsel and presented to the Agency and adopted by the 09/09/92 aQOOQCJ 2021Q/2338/15 -2- Agency following the pricing of the Bonds by the Underwriter at which time the exact amount of the Bonds to be issued, the maturity schedule of the Bonds and the interest rates that the Bonds will bear will have been determined. SECTION 3. The Preliminary Official Statement is approved in substantially the form which has been presented at this meeting with such additions thereto and changes therein as are recommended or approved by the Financial Consultant, the Underwriter and/or Bond Counsel to the Agency and the Executive Director of the Agency. The Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Bonds and to provide to the purchasers of the Bonds. ADOPTED AND APPROVED this 15th day of September 1992. LA QUINTA REDEVELOPMENT AGENCY Chairman ATTEST: Secretary 09/09/92 000Uno� 2021Q/2338/15 -3- STATE OF CALIFORNIA ) SECRETARY'S CERTIFICATE )ss. RE ADOPTION OF RESOLUTION COUNTY OF RIVERSIDE ) I, SAUNDRA L. JUHOLA, Secretary of the La Quinta Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said Agency at an adjourned regular meeting of said Agency held on the 15th day of September, 1992, and that the same was passed and adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Secretary of La Quinta Redevelopment Agency (SEAL) 09/09/92 2021Q/2338/15 -4- 000007 STATE OF CALIFORNIA ) SECRETARY'S CERTIFICATE )ss. OF AUTHENTICATION COUNTY OF RIVERSIDE } I, SAUNDRA L. JUHOLA, Secretary of the La Quinta Redevelopment Agency, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. RA of said Agency and that said Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. Dated: September 15, 1992 Secretary of the La Quin Redevelopment Agency (SEAL) 20201Q/2338/15 -5- 000008 LA QUINTA REDEVELOPMENT AGENCY P4f FIRST INTERSTATE BANK OF CALIFORNIA as Trustee INDENTURE OF TRUST SECURING $ LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 TAX ALLOCATION BONDS, ISSUE OF 1992 Dated as of October 1, 1992 TABLE OF CONTENTS Page Recitals ............................................... Granting Clauses ......................................... ARTICLE I SECTION 101. Definitions ................................ SECTION 201. SECTION 202. SECTION 203. SECTION 204. SECTION 205. SECTION 206. SECTION 207. SECTION 208. SECTION 209. SECTION 210, SECTION 211. SECTION 212. SECTION 213. SECTION 214. ARTICLE II THE BONDS Amount, Issuance and Purpose of Bonds ...... Nature of Bonds ........................ Description of Bonds ....................... Interest ................................... Place of Payment ........................... Form of Bonds .......................... Execution of Bonds ......................... Registration and Exchange .................. Bond Register .............................. Delivery of the Bonds ...................... Lost, Stolen, Destroyed or Mutilated Bonds . Cancellation of Bonds .........:............ Validity of the Bonds ...................... Issuance of Parity Bonds ................... ARTICLE III REVENUES AND FUNDS SECTION 301. Source of Payment of Bonds ................. SECTION 302. Creation of Funds and Accounts ............. SECTION 303. Sale of Bonds; Disposition of Bond Proceeds; Redevelopment Fund ............. SECTION 304. Final Balances ............................. SECTION 305. Security of Funds .......................... SECTION 306. Non -Presentment of Bonds ................... SECTION 307. Moneys to be Held in Trust ................. -i- 000010 ARTICLE IV REVENUES AND APPLICATION SECTION 401. Pledged Revenues .......................... SECTION 402. Special Fund .............................. SECTION 403. Payments of Principal, Premium and Interest ................................ SECTION 404. Revenues to be Held for All Bondowners; Certain Exceptions ...................... ARTICLE V INVESTMENT OF MONEYS SECTION 501. Rebate Fund ............................... SECTION 502. Investment of Moneys in Funds and Accounts................................ SECTION 503. Investments ............................... ARTICLE VI REDEMPTION OF BONDS BEFORE MATURITY SECTION 601. Limitation on Redemption ..... ..... SECTION 602. Optional Redemption; Sinking Account Redemption ........... ... ............ SECTION 603. Call and Redemption; Notice of Redemption ........................... SECTION 604. Redemption Fund ........................... SECTION 605. Partial Redemption of Bonds ............... SECTION 606. Effect of Redemption ...................... SECTION 607. Purchase of Bonds ......................... ARTICLE VII PAYMENT; COVENANTS OF THE AGENCY SECTION 701. Payment of Principal or Redemption Price and Interest on Bonds ............. SECTION 702. Covenants of the Agency ................... SECTION 703. Compliance with Indenture, Contracts, Laws and Regulations .................... Page 000011 Page ARTICLE VIII DEFAULT PROVISIONS AND REMEDIES OF TRUSTEE AND BONDOWNERS SECTION 801. Defaults .................................. SECTION 802. Application of Funds upon Acceleration .... ARTICLE IX THE TRUSTEE AND THE PAYING AGENT SECTION 901. Appointment, Duties, Immunities and Liabilities of Trustee .................. SECTION 902. Liability of Trustee ...................... SECTION 903. Right of Trustee to Rely on Documents ..... SECTION 904. Intervention by Trustee ................... SECTION 905. Designation and Successor of Paying Agent; Agreement with Paying Agent ............. ARTICLE X SECTION 1001. Amendments: Supplemental Indentures ....... ARTICLE XI DEFEASANCE SECTION 1101. Defeasance................................ -iii- 000012 Page ARTICLE XII MISCELLANEOUS SECTION 1201. Consents, Etc. of Bondowners .............. SECTION 1202. Limitation of Rights ...................... SECTION 1203. Severability .............................. SECTION 1204. CUSIP Numbers ............................ SECTION 1205. Successor is Deemed Included in All References to Predecessor ............... SECTION 1206. Counterparts .............................. SECTION 1207. Applicable Law ............................ SECTION 1208. Captions .................................. SECTION 1209. Compliance Certificates and Opinions....... SECTION 1210. Conflict with Trust Indenture Act of 1939 . SECTION 1211. Successors ................................ SECTION 1212. Execution Of Documents and Proof of Ownership by Bondowners ................. SECTION 1213. Waiver of Personal Liability .............. SECTION 1214. Notices ................................... SECTION 1215. Accounting Records and Reports ............ SIGNATURE PAGE .......................................... EXHIBIT A - FORM OF BOND ................................. A-1 FORM OF CERTIFICATE OF AUTHENTICATION OF BOND ............ A-5 000013 THIS INDENTURE OF TRUST, dated as of October 1, 1992, is entered into between the La Quinta Redevelopment Agency, a public body corporate and politic (the "Agency"), and First Interstate Bank of California, a state banking corporation organized under the laws of the State of California, as trustee (the "Trustee"). R E C I T A L S: WHEREAS, the Agency is a redevelopment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California), and the powers of the Agency include the power to issue bonds or notes for any of its corporate purposes; and WHEREAS, the Redevelopment Plan for a redevelopment project known and designated as the "La Quinta Redevelopment Project Area No. 2" has been adopted and approved by Ordinance No. _ of the City of La Quinta on , 19 , and all requirements of law for and precedent to the adoption and approval of the Redevelopment Plan, as amended, have been duly complied with; and WHEREAS, for the corporate purposes of the, Agency, the Agency deems it necessary to issue at this time tax allocation bonds in a principal amount of Thousand Dollars ($ ) (the "Bonds"), and to irrevocably set aside a portion of the proceeds of such Bonds in a separate segregated trust fund which will be used to finance a portion of the costs of implementing the Redevelopment Plan, to pay costs in connection with the issuance of the Bonds and to make certain other deposits as required by this Indenture; and WHEREAS, the purposes stated above will be accomplished by issuing at this time such tax allocation bonds pursuant to this Indenture and that certain resolution of the Agency adopted on October 6, 1992 providing for the issuance of "La Quinta Redevelopment Agency, Redevelopment Project Area No. 2, Tax Allocation Bonds, Issue of 1992"; 000014 WHEREAS, the execution and delivery of the Bonds and of the Indenture have been duly authorized and all things necessary to make the Bonds, when executed by the Agency and authenticated by the Trustee, valid and binding legal obligations of the Agency and to make this Indenture a valid and binding legal instrument for the security of the Bonds, have been done. NOW, THEREFORE, THIS INDENTURE OF TRUST WITNESSETH: That the Agency, in consideration of the premises, the acceptance by the Trustee of the trusts hereby created, the purchase and acceptance of the Bonds by the purchasers thereof, and of other good and valuable consideration, the receipt of which is hereby acknowledged, and in order to secure the payment of the principal of, premium, if any, and interest on all Bonds Outstanding hereunder from time to time, according to their tenor and effect, and to secure the observance and performance by the Agency of all the covenants expressed or implied herein and in the Bonds, does hereby convey, pledge and assign unto the Trustee, and unto its successors and assigns forever and does hereby grant to it and them a security interest, together with all right, title and interest of the Agency, in: GRANTING CLAUSE FIRST The Pledged Revenues (as hereinafter defined) together with all other revenues, and all moneys and securities held by the Trustee in .any Fund or Account together with investment earnings thereon established pursuant to the terms of this Indenture and any and all other property of edch name and nature from time to time hereafter by delivery or by writing of any kind pledged or assigned as and for additional security hereunder, by anyone, to the Trustee, which is hereby authorized to receive any and all such property at any and all times and to hold and apply the same subject to the terms hereof (the "Trust Estate"). TO HAVE AND TO HOLD all and singular the Trust Estate, whether now owned or hereafter acquired, unto the Trustee and its respective successors in said trusts and assigns forever. IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the equal and proportionate benefit, security and protection of all present and future owners of the Bonds, from time to time issued under and secured by this Indenture without privilege, priority or distinction as to the lien or otherwise of any of the Bonds over any of the other Bonds. 08/10/92 000015 20000/2338/15 -2- PROVIDED, HOWEVER, that if the Agency, its successors or assigns, shall well and truly pay, or cause to be paid, the principal of the Bonds and the interest and premium, if any, due or to become due thereon, at the times and in the manner mentioned in the Bonds, according to the true intent and meaning thereof, and shall cause the payments to be made into the Special Fund as required hereunder or shall provide, as permitted by Article RI hereof, for the payment thereof, and shall well and truly keep, perform and observe all the covenants and conditions pursuant to the terms of this Indenture to be kept, performed and observed by it, and shall pay or cause to be paid to the Trustee and all Paying Agents all sums of money due or to become due to them in accordance with the terms and provisions hereof, then this Indenture and the rights hereby granted shall cease, determine and be void, otherwise this Indenture is to be and remain in full force and effect. THIS INDENTURE OF TRUST FURTHER WITNESSETH, and it is expressly declared, that all Bonds issued and secured hereunder are to be issued, authenticated and delivered and the Revenues hereby assigned and pledged are to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as hereinafter expressed, and the Agency has agreed and covenanted, and does hereby agree and covenant, with the Trustee and with the respective holders from time to time of the Bonds, as follows: 08/10/92 oaoo� fi 2000Q/2338/15 -3- ARTICLE I DEFINITIONS Section 101. Definitions. (A) For all purposes of this Indenture, except as otherwise expressly provided or unless the context otherwise requires: (1) "This Indenture" means this instrument as originally executed or as it may from time to time be supplemented or amended by one or more indentures supplemental hereto entered into pursuant to the applicable provisions hereof. (2) All references in this Indenture to designated "Articles", "Sections" and other subdivisions are to the designated Articles, Sections and other subdivisions of this Indenture. The words "herein", "hereof", "hereto", "hereby", and "hereunder" and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or other subdivision. (3) The terms defined in this Article have the meanings assigned to them in this Article, and include the plural as well as the singular. (4) All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with applicable generally accepted accounting principles as in effect from time to time. (5) Every "request", "order", "demand", "application", "appointment", "notice", "statement", "certificate", "consent", or similar action hereunder by the Agency shall, unless the form thereof is specifically provided, be in writing signed by a duly authorized officer or agent of the Agency with a duly authorized signature. (8) For all purposes of this Indenture, except as otherwise expressly provided or unless the context otherwise requires: "Agency" means the La Quinta Redevelopment Agency. "Alternate Reserve Account Security" means one or more letters of credit, surety bonds, bond insurance policies, or other form of guaranty from a financial institution for the benefit of the Trustee in substitution for or in place of all or any portion of the Reserve Requirement. 08/10/92 2000Q/2338/15 -4- 00001 "Annual Debt Service" means, for any Bond Year, the principal and interest payable on the Outstanding Bonds in such Bond Year. "Bond" or "Bonds" means the "La Quinta Redevelopment Agency, Redevelopment Project Area No. 2, Tax Allocation Bonds, Issue of 1992", authorized by this Indenture. "Bond Counsel" means an attorney or firm of attorneys acceptable to the Agency of nationally recognized standing in matters pertaining to the federal tax exemption of interest on bonds issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America or the District of Columbia. "Bondowner" or "Owner of Bonds," or any similar term, means any person who shall be the registered owner or his duly authorized attorney, trustee, or representative of any Outstanding Bond. For the purpose of Bondowners' voting rights or consents, Bonds owned by or held for the account of the Agency, or the City, directly or indirectly, shall not be counted. "Bond Year" means the twelve (12) month period commencing on October 2 of each year, provided that the first Bond Year shall extend from the Delivery Date to October 1, 1993. "Business Day" means a day of the year other than (i) a Saturday, Sunday, legal holiday or day on which banking institutions in the City in which the corporate trust office of the Trustee is located are required or authorized to remain closed, or (ii) a day on which the New York Stock Exchange is closed. "Certificate" or "Certificate of the Agency" means a certificate signed by the Chairman or Executive Director of the Agency or their respective deputies. "Chairman" means the chairman of the Agency appointed pursuant to Section 33113 of the Health and Safety Code of the State of California, or other duly appointed officer of the Agency authorized by the Agency by resolution or bylaw to perform the functions of the chairman in the event of the chairman's absence or disqualification. "City" means the City of La Quinta, California. "Code" means the Internal Revenue Code of 1986, as amended, and any regulations, rulings, judicial decisions, and notices, announcements, and other releases of the United States Treasury 08/10/92 000018 Department or Internal Revenue Service interpreting and construing it, or any applicable regulations adopted under the Internal Revenue Code of 1954, as amended. "Computation Year" means the period beginning on the Delivery Date and ending on September 30, 1993 and each September 30 thereafter until there are no longer any Bonds Outstanding. "Costs of Issuance" means the costs and expenses incurred in connection with the issuance and sale of the Bonds including the acceptance and initial fees and expenses of the Trustee, the premium for a municipal bond insurance policy, legal fees and expenses of the Trustee and the Agency, costs of printing the Bonds and Official Statement, fees of financial consultants and other fees and expenses set forth in a Certificate of the Agency "County" means the County of Riverside, California. "Delivery Date" means the date the Bonds are delivered to the original purchaser thereof. "Event of Default" means any of the events described in Section 801 hereof. "Fiscal Year" means any twelve (12) month period beginning on July lst and ending on the next following June 30th. "Government Obligations" means direct general obligations (including obligations issued or held in book entry form on the books of the Department of the Treasury) of the United States of America and shall include cash or other coin or currency of the United States of America that is legal tender for payment of public or private debts. "Indenture" means this Indenture of Trust between the Agency and the Trustee, as originally adopted or as it may be amended or supplemented by any Supplemental Indenture entered into pursuant to the provisions hereof. "Independent Financial Consultant," "Independent Certifi Public Accountant" or "Independent Redevelopment Consultant" means any individual or firm engaged in the profession involved, appointed by the Agency, and who, or each of whom, has a favorable reputation in the field in which his/her opinion or certificate will be given, and: (1) Is in fact independent and not under domination of the Agency; 08/10/92 000019 9nnno I977A/1S _F_ (2) Does not have any substantial interest,_ direct or indirect, with the Agency; and (3) Is not connected with the Agency as an officer or employee of the Agency, but who may be regularly retained to make reports to the Agency. "Interest Payment Date" means April 1 and October 1 of each year commencing April 1, 1993. "Law" means the Community Redevelopment Law of the State of California (commencing with Health and Safety Code Section 33000). "Maximum Annual Debt Service" means the largest of the sums obtained for any Bond Year after the computation is made, by totaling the following for each such Bond Year: (1) The principal amount of all serial Bonds and serial Parity Bonds, if any, and the amount of minimum sinking account payments payable in such Bond Year; and (2) The interest which would be due during such Bond Year on the aggregate principal amount of Bonds and Parity Bonds which would be outstanding in such Bond Year if the Bonds and Parity Bonds outstanding on the date of such computation were to mature or be redeemed in accordance with the maturity schedules for the serial Bonds and serial Parity Bonds. At the time and for the purpose of making such computation, the amount of term Bonds and term Parity Bonds already retired in advance of the above -mentioned schedules shall be deducted pro rata from•the remaining amounts thereon. "Opinion of Counsel" means a written opinion of an attorney or firm of attorneys of favorable reputation in the field of municipal bond law. Any opinion of such counsel may be based upon, insofar as it is related to factual matters, information which is in the possession of the Agency as shown by a certificate or opinion of, or representation by, an officer or officers of the Agency, unless such counsel knows, or in the exercise of reasonable care should have known, that the certificate, opinion or representation with respect to the matters upon which his or her opinion may be based, as aforesaid, is erroneous. "Outstanding", when used as of any particular time with reference to Bonds, means, subject to the provisions of Article XI, all Bonds except: 08/10/92 QOoo�o 20000/233R/15 _7_ (a) Bonds theretofore cancelled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds paid or deemed to have been paid pursuant to Section 1101 and Section 306 hereof; and (c) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the Agency pursuant to the Indenture or any Supplemental Indenture. "Parity Bonds" means any additional tax allocation bonds (including, without limitation, bonds, notes, interim certificates, debentures or other obligations) issued by the Agency as permitted by Section 214 of this Indenture payable out of Pledged Revenues and ranking on a parity with the Bonds. "Pass -Through Agreements" means the agreements entered into on or prior to the date hereof pursuant to Section 33401 of the Health and Safety Code with (i) (ii) (iii) the County of Riverside and , and (iv) "Paying Agent" means any paying agent appointed by the Agency pursuant to this Indenture. "Permitted Investments" means: (a) Government Obligations; (b) bonds, debentures or notes or other evidence of indebtedness payable in cash issued by any one or a combination of any of the following federal agencies whose obligations represent full faith and credit of the United States of America: Export Import Bank of the United States, Federal Financing Bank, Farmer's Home Administration, Federal Housing Administration, Maritime Administration, Government National Mortgage Association; (c) the following investments fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation: (a) certificates of deposit, (b) savings accounts, (c) deposit accounts, or (d) depository receipts of a bank, savings and loan association and mutual savings banks; (d) certificates of deposit secured at all times by collateral described in (a) and/or (b) above. Such certificates must be issued by commercial banks, savings 08/10/92 000021 20000/2338/15 -8- and loan associations or mutual savings banks. The collateral must be held by a third party and the bondholders must have a perfected first security interest in the collateral; (e) commercial paper rated at the time of purchase in one of the two highest rating categories by Standard & Poor's Corporation and Moody's Investors Service; (f) money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by Standard & Poor's Corporation of AAAm-G, AAAm, or AAm; (g) banker's acceptances of commercial banks (which banks must be rated for unsecured debt at the time of investment and reinvestment in the two highest classifications established by Standard & Poor's Corporation and Moody's Investors Service) maturing not more than 360 days after the date of purchase; (h) investment agreements or repurchase agreements approved by the Bond Insurer; and (i) any State administered pool investment fund in which the Agency is statutorily permitted or required to invest. The value of the above investments shall be determined as follows: (a) as to investments the bid and asked prices of which are published on a regular basis in The Wall Street Journal (or, if not there, then in The New York Times): the average of the bid and asked prices for such investments so published on or most recently prior to such time of determination; (b) as to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or The New York Times: the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers (selected by the Trustee in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service; (c) as to certificates of deposit and bankers acceptances: the face amount thereof, plus accrued interest; and 08/10/92 000022 2000Q/2338/15 -9- (d) as to any investment not specified above: the value thereof established by prior agreement between the Agency, the Trustee and Bond Insurer. If more than one provision of this definition of "value" shall apply at any time to any particular investment, the value thereof at such time shall be determined in accordance with the provision establishing the lowest value for such investment. "Pledged Revenues" means the Tax Revenues, less the Tax Revenues set aside as provided in Sections 33334.2 and 33334.3 of the Health and Safety Code of the State of California and less amounts payable or required to be set aside by the Agency under the Pass -Through Agreements. "Rebate Regulations" means the final, proposed and temporary Treasury Regulations promulgated under Section 148(f) of the Code. "Redemption Fund" shall have the meaning set forth in Section 606 hereof. "Redevelopment Plan" means the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2, approved and adopted by the City Council of the City by Ordinance No. on , 19 and includes any amendment thereof, hereafter or heretofore made pursuant to the Law. "Redevelopment Project Area", "Redevelopment Proiect", or "Project Area" means the project area defined and described in the Redevelopment Plan. "Regular Record Date" means the close of business on March 15 or September 15, preceding each Interest Payment Date, as applicable. 'Report' means a document in writing signed by an Independent Financial Consultant and including: (a) A statement that the person or firm making or giving such Report has read the pertinent provisions of this Indenture to which such Report relates; (b) A brief statement as to the nature and scope of the examination or investigation upon which the Report is based; and (c) A statement that, in the opinion of such person or firm, sufficient examination or investigation was made as is necessary to enable said consultant to express an informed opinion with respect to the subject matter referred to in the Report. 08/10/92 000023 20000/2338/15 -10- "Reserve Requirement" means, as of the date of computation of the Bonds, an amount equal to the lesser of (i) 10% of the principal amount of the Bonds, (ii) Maximum Annual Debt Service on the Bonds or (iii) 125% of the average annual debt service on the Bonds. "Revenues" means the Pledged Revenues together with all other moneys held by the Trustee in any Fund or Account and the interest earnings thereon. "Special Fund" means the Fund by that name established and held by the Trustee pursuant to Section 302. "Standard & Poor's" means Standard & Poor's Corporation, New York, New York, and its successors and assigns. "State" means the State of California. "Supplemental Indenture" or "supplemental indenture" means any indenture then in full force and effect which has been duly entered into by the Agency under the Law, or any act supplementary thereto or amendatory thereof, at a meeting of the Agency duly convened and held, at which a quorum was present and acted thereon, amendatory of or supplemental to this Indenture; but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder. "Tax Certificate" means that certain Tax Certificate executed in connection with the issuance of the Bonds or any Parity Bonds. "Tax Revenues" means that portion of taxes levied upon taxable property in the Project Area and received by the Agency on or after the date of issue of the Bonds for the Project Area of the Agency pursuant to Article 6 of Chapter 6 of the Law and Section 16 of Article XVI of the Constitution of the State of California, or pursuant to other applicable State laws, and as provided in the Redevlopment Plan, and (to the extent permitted by law) all payments, subventions and reimbursements, if any, to the Agency specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations. "Treasurer" or "Treasurer of the Agency" means the officer who is then performing the functions of Treasurer of the Agency. "Trustee" means the trustee appointed by the Agency pursuant to Section 901 hereof, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in this Indenture. 08/10/92 000024 )nnnn,1�10„s _„ _ ARTICLE II THE BONDS Section 201. Amount Issuance and Purpose of Bonds. Under and pursuant to the Law and under and pursuant to this Indenture, Bonds of the Agency in a principal amount of Dollars ($ ) shall be issued by the Agency for the corporate purposes of the Agency by providing funds for the financing of a portion of the costs of implementing the Redevelopment Plan which constitutes a "redevelopment activity" as such term is defined in Health and Safety Code Section 33678; and such issue of Bonds is hereby created and authorized. Section 202. Nature of Bonds. The Bonds shall be and are special obligations of the Agency and are secured by an irrevocable pledge (which pledge shall be effected in the manner and to the extent hereinafter provided) of, and are payable as to principal and interest from Pledged Revenues and other funds as hereinafter provided in Section 401. The Bonds and interest thereon are not a debt of the City, the State of California or any of its political subdivisions, and neither the City, the State nor any of its political subdivisions is liable on them. In no event shall the Bonds or interest thereon be payable out of any funds or properties other than those of the Agency as set forth in this Indenture. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuance. The Bonds shall be and are equally secured by an irrevocable pledge of the Pledged Revenues and other funds as hereinafter provided, without priority for number, date of sale, date of execution or date of delivery, except as expressly provided herein. The validity of the Bonds is not and shall not be dependent upon: (a) the completion of the Project Area or any part thereof; (b) the performance by anyone of his/her obligations relative to the Project Area; or (c) the proper expenditure of the proceeds of the Bonds. Nothing in this Indenture shall preclude: (a) the payment of the Bonds from the proceeds of refunding bonds issued pursuant to the Law; or (b) the payment of the Bonds from any legally available funds. Nothing in this Indenture shall prevent the Agency from making advances of its own funds, however derived, to any of the uses and purposes mentioned in this Indenture. 08/10/92 000025 In the event of a defeasance of the Bonds in accordance with Article XI, the Trustee shall cause an accounting for such period or periods as shall be requested by the Agency to be prepared and filed with the Agency, and the Trustee, upon the request of the Agency, shall release the rights of the Bondowners under this Indenture except: (i) the rights of the Trustee to receive compensation and indemnification pursuant to Article IX; and (ii) the right to receive interest and principal payments. In the event of such a defeasance, the Trustee shall execute and deliver to the Agency all such instruments as may be desirable to evidence such release, discharge and satisfaction, and upon written request of the Agency the Trustee shall pay over or deliver to the Agency all moneys or securities held by it pursuant to this Indenture which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption and the Trustee's fees and expenses. Provision shall be made by the Agency, satisfactory to the Trustee, for first class mailed notice, postage prepaid, to the Owners of such Bonds that such moneys are so available for such payment. Section 203. Description of Bonds. The Bonds shall be issued in an aggregate principal amount of Dollars ($ ) and shall be designated "LA QUINTA REDEVELOPMENT AGENCY, LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAX ALLOCATION BONDS, ISSUE OF 1992". The Bonds shall be issued in the form of fully registered bonds in denominations of $5,000 each or any whole multiple thereof. The Bonds shall be initially dated as of October 1, 1992 and shall be lettered and numbered consecutively upwards. The Bonds shall mature on October 1 of the year and in the amounts and shall bear interest at the rates per annum as follows: Maturity Date Principal Interest October 1 of Amount Rate 1993 $ % 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2017 08/10/92 000026 20000/2338/15 -13- Section 204. Interest. The Bonds shall bear interest at the rates set forth above per annum, payable semiannually on April 1 and October 1 of each year, commencing April 1, 1993. Each Bond shall bear interest until its principal sum has been paid; provided, however, that if funds are available for the payment thereof in full accordance with the terms of this Indenture, the Bond shall then cease to bear interest. Interest on the Bonds shall be calculated on the basis of a 360-day year of twelve (12) 30-day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless: (i) it is authenticated as of an Interest Payment Date, in which event it shall bear interest from that Interest Payment Date; (ii) it is authenticated after a Regular Record Date and before the following Interest Payment Date, and if the Agency shall not be in default in the payment of interest due on such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (iii) it is authenticated prior to March 16, 1993, in which event it shall bear interest from October 1, 1992. Interest on the Bonds shall be paid by the Trustee (out of the appropriate funds) by check or draft mailed by first class mail, postage prepaid on the Interest Payment Date to the registered owner as his/her name and address appears on the register kept by the Trustee at the close of business on the Regular Record Date preceding the Interest Payment Date or, upon request in writing made before the Regular Record Date preceding the Interest Payment Date by a Bondowner of $1,000,000 or more in principal amount of Bonds, payment shall be made on the Interest Payment Date by wire transfer in immediately available funds to an account designated by such Bondowner to the Trustee. Should payment come due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day without accruing additional interest from the Interest Payment Date. Section 205. Place of Payment. The Bonds and the interest thereon shall be payable in lawful money of the United States of America and the Bonds shall be payable upon presentation at the corporate trust office of the Trustee in Los Angeles, California or such other location as designated by the Trustee (except interest which shall be payable by check or draft as provided in Section 204) or any other location so designated by the Trustee. Section 206. Form of Bonds. The Bonds shall be substantially in the form attached hereto and by this reference incorporated herein as Exhibit "A". This form is hereby approved and adopted as the form of the Bond, and of the exchange, registration and assignment provisions pertaining thereto, with necessary or appropriate variations, omissions and insertions as permitted or required by this Indenture. 000027 08/10/92 20000/2338/15 -14- Any Bonds issued pursuant to this Indenture may be initially issued in temporary form exchangeable for definitive Bonds when the same are ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the Agency, shall be without coupons and may contain references to any of the provisions of this Indenture as may be appropriate. Every temporary Bond shall be executed by the Agency and authenticated and delivered by the Trustee upon the same conditions and in substantially the same form and manner as the definitive Bonds. If the Agency issues temporary Bonds, it will execute and furnish definitive Bonds without delay, and, thereupon, the temporary Bonds shall be surrendered for cancellation at the corporate trust office of the Trustee in Los Angeles, California, or at such other location as designated by the Trustee. The Trustee shall deliver in exchange for the surrendered temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations of this same issue. Until exchanged, the temporary Bonds shall be entitled to the same benefits under this Indenture as definitive Bonds of this same issue. Section 207. Execution of Bonds. The Bonds shall be signed on behalf of the Agency by its Chairman and by its Executive Director, by manual or facsimile signature, and the seal of the Agency shall be impressed, imprinted or reproduced thereon. The foregoing officers are hereby authorized and directed to sign the Bonds in accordance with this Section. If any Agency member or officer whose manual or facsimile signature appears on the Bonds ceases to be a member or officer before delivery of the Bonds, his/her signature is as effective as if he or she had remained in office. The Trustee shall authenticate the Bonds on registration and/or exchange to effectuate the registration and exchange provisions set forth in Section 208, and only those Bonds that have endorsed on them a certificate of authentication, substantially in the form set forth in Exhibit A, duly executed by the Trustee, shall be entitled to any rights, benefits or security under this Indenture. No Bonds shall be valid or obligatory for any purpose unless and until the certificate of authentication has been duly executed by the Trustee. The certificate of the Trustee upon any Bond shall be conclusive and the only evidence that the Bond has been duly authenticated and delivered under this Indenture. The Trustee's certificate of authentication on any Bond shall be deemed to have been duly executed if manually signed by an authorized officer or signatory of the Trustee, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds that may be issued hereunder. 08/10/92 Section 208. Registration and Exchange. The Bonds shall be issued only in fully registered form. The Bonds may be exchanged for other Bonds of equal aggregate denominations. Transfer of ownership of a Bond or Bonds shall be made by exchanging the same for a new Bond or Bonds. All exchanges shall be made in such a manner and upon such reasonable terms and conditions as may be determined and prescribed by the Agency. No transfer or exchange of Bonds for which notice of redemption has been given pursuant to Section 603 shall be made after the date of mailing of such notice. The person, firm or corporation requesting the registration or exchange shall pay any tax or governmental charge that may be imposed in connection with the registration or exchange. The Agency shall pay all other registration and exchange costs and charges including the cost of printing new Bonds. Section 209. Bond Register. The Trustee will keep at its corporate trust office in Los Angeles, California, or at such other place as the Trustee may designate, sufficient books for the registration and transfer of the Bonds. The books shall be open to inspection by the Agency at all times during regular business hours; and, upon presentation for such purpose, the Trustee shall under such reasonable regulations as it may prescribe, register or transfer, or cause to be registered or transferred, on the register, the Bonds as hereinbefore provided. The Trustee and Agency may conclusively rely upon the registration books of the Trustee as to the registered owners and will not be affected by any notice to the contrary. Section 210. Delivery of the Bonds. Upon the execution and delivery of this Indenture, the Agency shall execute and deliver to the Trustee, and the Trustee shall authenticate the Bonds and deliver them or make them available for pickup to the purchasers as directed by the Agency as provided in this Section 210. Prior to the delivery by the Trustee of any of the Bonds there shall have been filed with the Trustee: (1) A copy, duly certified by the Secretary of the Agency, of resolutions of the Agency authorizing the issuance of the Bonds and the execution and delivery of this Indenture; (2) Original executed counterparts of this Indenture; (3) An Opinion of Counsel that the issuance of the Bonds and the execution of this Indenture have been duly and validly authorized, that all requirements under this Indenture precedent to the delivery of the Bonds have been 08/10/92 000929 2000Q/2338/15 -16- satisfied and that the Bonds and the Indenture are valid and binding obligations, enforceable against the Agency in accordance with their terms (subject to any applicable bankruptcy, reorganization, insolvency, moratorium or similar laws affecting the enforcement of creditor's rights generally and subject also to the application of equitable principles if equitable remedies are sought); (4) A request and authorization to the Trustee on behalf of the Agency directing the Trustee as to the amounts required to be deposited into the Costs of Issuance Fund; (5) A request and authorization to the Trustee on behalf of the Agency to authenticate and deliver the Bonds to the purchasers therein identified upon payment to the Trustee, but for the account of the Agency, of a sum specified in such request and authorization. The proceeds of such payment shall be transferred and deposited pursuant to Article III hereof and as indicated in such request and authorization; (6) An original executed counterpart of the certification of the Agency establishing expectations to the effect that the Bonds will not be "arbitrage bonds" within the meaning of Section 148 of the Code; and (7) Any additional agreements, certificates, documents or other items or matters authorized or required by the provisions of the resolution. Section 211. Lost, Stolen, Destroyed or Mutilated Bonds. Should any Bond become mutilated or be lost or destroyed, the Agency shall cause to be executed, and the Trustee shall authenticate and deliver, a new Bond of like outstanding principal amount and maturity in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond; provided, however, that the Agency and the Trustee shall so execute, authenticate and deliver only if the Bondowner has paid the reasonable expenses and charges of the Trustee in connection therewith and, in the case of a lost or destroyed Bond, has furnished to the Trustee evidence of such loss or destruction and indemnity satisfactory to it. If any such Bond shall have matured, instead of issuing a new Bond the Trustee may pay the same without surrender thereof upon receipt of the afore -mentioned indemnity. 000030 08/10/92 Section 212. Cancellation of Bonds. All Bonds surrendered to the Trustee for payment at maturity or, in the case of call and redemption prior to maturity, at the redemption date, shall upon payment therefor be cancelled immediately and destroyed by the Trustee. A certificate of destruction shall forthwith be transmitted to the Treasurer. Any Bonds purchased by the Agency shall be transferred to the Trustee and shall be cancelled immediately and destroyed. Section 213. validity of the Bonds. The validity of the authorization and issuance of the Bonds is not dependent on and shall not be affected in any way by any proceedings taken by the Agency or the Trustee. The recital contained in the Bonds that they are issued in accordance with the Constitution and laws of the State and the laws of the Agency shall be conclusive evidence of their validity and of compliance with the provisions of law in their issuance. Section 214. Issuance of Parity Bonds. If at any time the Agency determines it needs to do so, the Agency may provide for the issuance of, and sell, Parity Bonds in such principal amounts as it estimates will be needed. The issuance and sale of any Parity Bonds shall be subject to the following conditions precedent: (a) The Agency shall be in compliance with all covenants in this Indenture; (b) The Parity Bonds shall be on such terms and conditions as may be set forth in a supplemental resolution or indenture, which shall provide for (i) bonds substantially in accordance with this Indenture, (ii) the deposit of moneys into the Reserve Account in an amount (which may be represented by an Alternate Reserve Account Security described in Section 402(c)) sufficient, together with the balance of the Reserve Account, to equal the Reserve Requirement on all Bonds expected to be outstanding including the Outstanding Bonds and Parity Bonds, and (iii) the disposition of surplus Pledged Revenues in substantially the same manner as Section 402(d) hereof; (c) Receipt of a certificate or opinion of an Independent Financial Consultant showing: (i) For the current and each future Bond Year the debt service for each such Bond Year with respect to all Bonds and Parity Bonds reasonably expected to be outstanding following the issuance of the Parity Bonds; 000031 08/10/92 (ii) For the then current Fiscal Year, -the Pledged Revenues to be received by the Agency based upon the most recent assessed valuation of taxable property in the Project Area provided by the appropriate officer of the County exclusive of any anticipated business inventory subvention revenues; and (iii) That for the then current Fiscal Year, the Pledged Revenues referred to in item (ii) are at least equal to the sum of 110% of the Maximum Annual Debt Service referred to in item (i) above (excluding debt service with respect to any portion of the Parity Bonds deposited in an escrowed proceeds account to the extent such debt service is paid from earnings on the investment of such funds) and 100% of Annual Debt Service with respect to any subordinated debt, and that the Agency is entitled under the Law and the Redevelopment Plan to receive taxes under Section 33670 of the Law in an amount sufficient to meet expected debt service with respect to all Bonds and Parity Bonds. (d) The Parity Bonds shall mature on and interest shall be payable on the same dates as the Bonds (except the first interest payment may be from the date of the Parity Bonds until the next succeeding April 1 or October 1). If all or a portion of the proceeds of the Parity Bonds or the Bonds are to be applied under Sections 33334.2 of the Law, Pledged Revenues for purposes of this Section,214 shall include that portion of taxes allocated under Section 33670 of the Law for payment of the Bonds or the Parity Bonds which are applied for the purposes of Sections 33334.2 and specifically pledged to the repayment of such Parity Bonds, to the maximum extent permitted by the Law. Notwithstanding the foregoing, if the Agency is in compliance with all covenants set forth in this Indenture, the Agency may issue and sell obligations pursuant to the Law, having a lien on the Pledged Revenues which is junior to the Bonds and which shall be payable solely from surplus as then declared or which may thereafter be declared pursuant to Section 402(d) of this Indenture (as used herein "obligations" shall include, without limitation, bonds, notes, interim certificates, debenture or other obligations, loans, advances or other forms of indebtedness incurred by the Agency). 000032 08/10/92 ARTICLE III REVENUES AND FUNDS Section 301. Source of Payment of Bonds. The Bonds and all payments required of the Agency hereunder are not general obligations of the Agency but are limited obligations as described in Section 202 hereof. The Pledged Revenues and all moneys held in the Special Fund or any of the Accounts thereunder and the Redemption Fund are hereby conveyed, pledged and assigned absolutely and as a first lien pledge as security for the equal and ratable benefit of the owners of the Bonds and shall be used for no other purpose than payment of the principal of, premium (if any) and interest on the Bonds, except as may be otherwise expressly authorized in this Indenture. Section 302. Creation of Funds and Accounts. There is hereby continued with the Treasurer a fund called the "La Quinta Redevelopment Project Area No. 2, Redevelopment Fund" (hereinafter sometimes called the "Redevelopment Fund"). There is hereby created with the Trustee a trust fund called the "La Quinta Redevelopment Project Area No. 2, Special Fund" with special trust accounts contained therein known as the "Interest Account", the "Principal Account", the "Reserve Account" and the "Surplus Account", a trust fund called the "Cost of Issuance Fund", a trust fund called the "Redevelopment Escrow Fund", and a trust fund called the "Rebate Fund." Notwithstanding any other provision of this Indenture, neither the Rebate Fund nor amounts credited or properly creditable thereto shall be deemed to be pledged to secure the Bonds. Article VI of this Indenture creates the Redemption Fund described therein. So long as any of the Bonds, or any interest on them, remain unpaid, the Agency shall not have any beneficial right or interest in the Pledged Revenues except as provided in this Indenture and the moneys in the foregoing Funds and Accounts shall be used for no purposes other than those required or permitted by this Indenture and the Law and the foregoing Funds and Accounts on deposit with the Trustee shall be pledged to the payment of the Bonds. Each Fund and Account (other than the Redevelopment Fund) shall be maintained by the Trustee as a separate and distinct trust fund or account to be held, managed, invested, disbursed and administered as provided in this Indenture. All moneys deposited in the Funds and Accounts shall be used solely for the purposes set forth in this Indenture. The Trustee shall keep and maintain adequate records pertaining to each Fund and 08i10i92 000033 Account and all disbursements therefrom (other than the Redevelopment Fund as to which the Agency will keep such records). velopment Fund. The Agency may provide by resolution for sale of the Bonds in the manner provided by the Law. A. Upon the delivery of the Bonds to the purchasers thereof, the Trustee, on behalf of the Agency, shall receive the proceeds from the sale of the Bonds together with the moneys transferred pursuant to paragraph 303A hereof and shall deposit such proceeds and transfers as follows: (1) Deposit in the Interest Account an amount equal to $ representing accrued interest on the Bonds; (2) Deposit in the Reserve Account an amount equal to the Reserve Requirement, initially $ ; (3) Deposit in the Redevelopment Fund an amount equal to (4) Deposit in the Costs of Issuance Fund an amount set forth in a Certificate of the Agency to pay Costs of Issuance; (5) After making the above deposits, the balance of the proceeds from the sale of the Bonds shall be deposited in the Redevelopment Escrow Fund. B. Moneys deposited in the Redevelopment Escrow Fund shall be held therein until the Agency files with the Trustee a certificate or opinion of an Independent Financial Consultant stating that for the then current Fiscal Year, the Pledged Revenues to be received by the Agency based upon the most recent assessed valuation of taxable property in the Project Area provided by the appropriate officer of the County are at least equal to 110% of Maximum Annual Debt Service on the Bonds (excluding debt service with respect to any portion of the proceeds of the Bonds which will remain on deposit in the Redevelopment Escrow Fund). Upon receipt of such certificate or opinion, the Trustee shall transfer the amount set forth in the certificate or opinion to the Agency for deposit in the Redevelopment Fund. Except as hereinafter provided, the moneys set aside in the Redevelopment Fund shall remain there until from time to time expended for the purpose of financing a portion of the costs of the Project Area and other related costs, and also including in such costs: 000034 OB/10/92 2000Q/2338/15 -21- (1) The payment of an amount of money in lieu of taxes as authorized by Section 33401 of the Law in any year during which the Agency owns property in the Project Area, to any city, county, city and county, district or other public corporation which would have levied a tax upon such property had it not been exempt; (2) The cost of any lawful activities in connection with the implementation of the Project Area, including, without limitation, those activities authorized by Section 33445 of the Law; and (3) The necessary expenses in connection with the issuance and sale of the Bonds and fees and expenses of the Trustee not otherwise paid under paragraph C below. If any sum remains in the Redevelopment Fund after the full accomplishment of the objects and purposes for which the Bonds were issued, that sum shall be transferred to the Trustee for deposit in the Special Fund pursuant to written instructions from the Agency. Moreover, all interest and income earned from the Redevelopment Fund on or prior to the date established by resolution of the Agency shall be retained therein. All of the above uses constitute a "redevelopment activity" as that term is defined in Health and Safety Code Section 33678. C. The moneys deposited in the Costs of Issuance Fund shall be applied by the Trustee to the payment of Costs of Issuance as directed by a Certificate of the Agency. Any moneys remaining in the Costs of Issuance Fund on December 1, 1992, shall be transferred by the Trustee to t-he Agency for deposit in the Redevelopment Fund. Thereafter, the Costs of Issuance Fund shall be closed and all further responsibility for payment of Costs of Issuance shall belong solely to the Agency. Section 304. Final Balances. Upon the deposit with the Trustee of moneys sufficient to pay all principal of, premium, if any, and interest on the Bonds, and upon satisfaction of all claims against the Agency hereunder, including all fees, charges and expenses of the Trustee and any Paying Agent which are properly due and payable hereunder, or upon the making of adequate provisions for the payment of such amounts as permitted hereby, all moneys remaining in all Funds and Accounts shall be paid to the Agency. Section 305. Security of Funds. All moneys deposited with the Trustee or with any agent of the Trustee appointed pursuant to Section 905 of this Indenture shall be held in trust and 08/10/92 000035 (except for moneys held by the Trustee, as paying agent, or remitted to any Paying Agent for the payment of the principal of, premium, if any, and interest on the Bonds) shall, while held by the Trustee, constitute part of the Trust Estate and shall be and remain entitled to the benefit and shall be subject to the security of this Indenture for the equal and proportionate benefit of the owners of all Outstanding Bonds. Section 306. Non -Presentment of Bonds. In the event any Bond shall not be presented for payment when the principal thereof becomes due, either at maturity or otherwise, or at the date fixed for redemption thereof, if moneys sufficient to pay such Bond shall have been deposited in the Special Fund or Redemption Fund, as applicable, all liability of the Agency to the owner thereof for the payment of such Bond shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Trustee to hold such moneys in trust subject to the limitation set forth in Section 1101, without liability for interest thereon, for the benefit of the owner of such Bond who shall thereafter be restricted exclusively to such moneys, for any claim of whatever nature on his or her part under this Indenture or on, or with respect to, said Bond. Section 307. Moneys to be Held in Trust. All moneys required to be deposited with or paid to the Trustee under any provisions of this Indenture shall be held by the Trustee in trust and applied for the purposes herein specified. 000036 08/10/92 2nnno/2119/1.5 -23- ARTICLE IV REVENUES AND APPLICATION Section 401. Pledged Revenues. As provided in the Redevelopment Plan, pursuant to Article 6 of the Law and Section 16 of Article XVI of the Constitution of the State of California, taxes levied upon taxable property in the Redevelopment Project Area each year by or for the benefit of the State of California, any city, county, city and county, district, or other public corporation (herein sometimes collectively called "taxing agencies") after the effective date of the ordinance approving the Redevelopment Plan (being Ordinance No. _ of the City of La Quinta, which became effective on 19 ), shall be divided as follows: (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the Redevelopment Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency last equalized prior to , 19 (being the effective date of Ordinance No. referred to above), shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid; and (b) That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected by the Agency shall be paid into, the following funds: (i) into the low and moderate income housing fund held by the Agency and the amount required by the Law to be deposited into said fund, (ii) the amount required to be paid by the Agency pursuant to pass -through agreements of the Agency, and (iii) the balance into the Special Fund of the Agency. 000037 08/10/92 ,nnnn/1Q'.¢11r _7d_ The foregoing provisions of this Section are a portion of the provisions of Article 6 of the Law as applied to the Bonds and shall be interpreted in accordance with Article 6, and the further provisions and definitions contained in Article 6 are incorporated by reference herein and shall apply. The Pledged Revenues received on or after the date of issue of the Bonds shall be deposited in the Special Fund held by the Trustee and are hereby irrevocably pledged to the payment of the principal of, premium, if any, and interest on the Bonds, any Parity Bonds, and until all of the Bonds and all interest thereon, have been paid (or until moneys for that purpose have been irrevocably set aside), the Pledged Revenues (subject to the exception set forth in Section 402(d) shall be applied solely to the payment of the Bonds and any Parity Bonds plus premium, if any, and the interest thereon as provided in this Indenture. This allocation and pledge is for the exclusive benefit of the Owners of the Bonds and shall be irrevocable. Section 33645 of the Health and Safety Code provides, in applicable part as follows: `The resolution, trust indenture, or mortgage shall provide that tax increment funds allocated to an agency pursuant to Section 33670 shall not be payable to a trustee on account of any issued bonds when sufficient funds have been placed with the trustee to redeem all Outstanding Bonds of the issue." This Indenture is intended to comply with the above -quoted provision and shall be so construed. Section 402. Special Fund. The Agency shall pay or cause to be paid to the Trustee for deposit in the Special Fund in accordance with this Section and Section 401 hereof all Pledged Revenues in the amounts and within the times set forth herein. The interest on the Bonds until maturity shall be paid by the Trustee on behalf of the Agency from the Interest Account of the Special Fund. At the maturity of the Bonds, and after all interest then due on the Bonds then Outstanding has been paid or provided for, moneys remaining in the Special Fund shall be applied to the payment of the principal of any of such Bonds. Without limiting the generality of the foregoing and for the purpose of assuring that the payments referred to above will be made as scheduled, the Pledged Revenues accumulated in the Special Fund shall be used in the following priority; provided, however, to the extent that deposits have been made in any of the Accounts referred to below from the proceeds of the sale of the Bonds or otherwise, the deposits below need not be made: i O8/10/92 9nnnn/7Q1A/14 -25- (a) Interest Account. Deposits shall be made into the Interest Account so that the balance in the Account at least five (5) days prior to each Interest Payment Date shall be equal to interest due and payable on the then outstanding Bonds on such Interest Payment Date. Moneys in the Interest Account shall be used solely for the payment of interest on the Bonds as interest becomes due, including accrued interest on any Bonds purchased or redeemed prior to maturity. (b) Principal Account. After the deposits have been made pursuant to subparagraph (a) above, deposits shall next be made into the Principal Account so that the balance in the Account at least five (5) days prior to each August 1 is equal to the principal coming due on such date on the then outstanding Serial Bonds or the amount of the minimum sinking account payments due on the Term Bonds on such date. All monies in the Principal Account shall be used and withdrawn by the Trustee solely for the purpose of paying principal and minimum sinking account payments on the Bonds as they shall become due and payable. (c) Reserve Account. After deposits have been made pursuant to subparagraphs (a) and (b) above, deposits shall be made to the Reserve Account, if necessary, in order to cause the amount on deposit therein to equal the Reserve Requirement. Moneys in the Reserve Account shall be transferred to the Interest Account or the Principal Account to pay interest on and principal of the Bonds either (i) as it becomes due to the extent moneys on deposit are insufficient therefor or (ii) at the final maturity of the Bonds. Any portion of the Reserve Account which is in excess of the Reserve Requirement shall be transferred at least semiannually to the Interest Account. Anything to the contrary herein notwithstanding the Agency may at any time substitute an Alternate Reserve Account Security, and upon such substitution, the Agency shall be entitled to receive all moneys then held in the Reserve Account free and clear of the lien of this Indenture. In the event the Agency delivers an Alternate Reserve Account Security, the Trustee shall hold and apply such instrument pursuant to this Indenture so as to have moneys available thereunder for the purposes and at the times required under this Indenture. (d) Surplus. It is the intent of this Indenture: (i) that the deposits in subparagraphs (a) and (b) above to the Interest Account and the Principal Account, respectively, shall be made as scheduled, and (ii) that the 000039 08/10/92 deposits in subparagraph (c) above to the Reserve Account shall be made as necessary to maintain a balance equal to the Reserve Requirement, if and only if the Pledged Revenues are sufficient therefor. Should it be necessary to defer all or part of any deposits referred to in subparagraph (c) above, such deferred deposits shall be cumulative and shall be made when the Pledged Revenues are sufficient to make the deposits required by subparagraphs (a) and (b) and thereafter make the deposits required by subparagraph (c). If: (i) the above transfers have been made so that the required amounts as of that time are in the above mentioned Accounts and the required transfer has been made to the Rebate Fund as set forth below, (ii) the Pledged Revenues to be received by the Agency in the current Fiscal Year, based upon the most recent assessed valuation of taxable property in the Redevelopment Project Area, furnished by the appropriate officer of the County are at least equal to 110% of the Maximum Annual Debt Service on all Bonds, Parity Bonds and any loans, advances or indebtedness payable from Pledged Revenues on a parity with the Bonds pursuant to Section 33670 of the Law, as shown by the certificate or opinion of an Independent Financial Consultant employed by the Agency, and (iii) there has been no material change in the status of the Redevelopment Project which in the opinion of an Independent Redevelopment Consultant, said opinion having been filed with the Trustee, would be likely to result in diminution of increment in the succeeding Fiscal Year, any balances in the Special Fund may be used and applied by the Agency for any lawful purpose, including without limitation, the purchase and/or call and redemption of Bonds and Parity Bonds. Section 403. Payments of Principal, Premium and Interest. The Trustee shall make available to the Paying Agent, if any, from the Pledged Revenues, sufficient amounts to pay the principal of, premium, if any, and interest on, the Bonds as the same become due and payable. Section 404. Revenues to be Held for All Bondowners; Certain Exceptions. The Revenues shall, until applied as provided in this Indenture, be held by the Trustee for the benefit of the owners of all Outstanding Bonds, except as provided in Section 302 hereof and except that any portion of the Revenues held pursuant to Section 306 hereof representing principal or redemption price of and interest on, any Bonds previously called for redemption in accordance with Article VI of this Indenture or previously matured shall be held for the benefit of the owners of such Bonds only and shall not be deposited or invested pursuant to Article V hereof, notwithstanding any provision of Article V.. O8/10/92 innnn/7iio iiC _77- ARTICLE V INVESTMENT OF MONEYS Section 501. Rebate Fund. The Trustee shall establish the Rebate Fund and the Agency shall comply with the requirements below. All money at any time deposited in the Rebate Fund shall be held by the Trustee in trust, for payment to the United States Treasury. All amounts on deposit in the Rebate Fund shall be governed by this Section and the applicable Tax Certificate, unless the Agency obtains an opinion of Bond Counsel that the exclusion from gross income of interest on the Bonds will not be adversely affected for federal income tax purposes if suich requirements are not satisfied. (1) Excess Investment Earnings (i) Annual Computation. Within 55 days of the end of each Computation Year with respect to the Bonds, the Agency shall calculate or cause to be calculated the amount of rebatable arbitrage, in accordance with Section 148(f)(2) of the Code and Section 1.148-2 of the Rebate Regulations (taking iinto account any applicable exceptions with respect to the computation of the rebatable arbitrage, described, if applicable, in the Tax Certificate (e.g., the temporary investments exceptions of Section 148(f)(4)(B) and (C) of the Code), for this purpose treating the last day of the applicable Computation Year as a computation date, within the meaning of Section 1.148-8(b) of the Rebate Regulations (the "Rebatable Arbitrage"). The Agency shall obtain expert advice as to the amount of the Rebatable Arbitrage to comply with this Section. (ii) Annual Transfer. Within 55 days of the end of each applicable Computation Year with respect to the Bonds, upon the Treasurer's written direction, an amount shall be deposited to the Rebate Fund by the Trustee from any legally available funds, including the other funds and accounts established herein, so that the balance in the Rebate Fund shall equal the amount of Rebatable Arbitrage so calculated in accordance with clause (i) of this Section 501(1). In the event that immediately following the transfer required by the previous sentence, the amount then on deposit to the credit of the Rebate Fund exceeds the amount required to be on deposit therein, upon written instructions from the Treasurer, the Trustee shall withdraw the excess from the Rebate Fund and then credit the excess to the Special Fund. 000041 08/10/92 (iii) Payment to the Treasury. The Agency shall pay to the United States Treasury, out of amounts in the Rebate Fund. (X) Not later than 60 days after the end of (A) the fifth Computation Year with respect to the Bonds, and (B) each applicable fifth Computation Year thereafter, an amount equal to at least 90% of the Rebatable Arbitrage calculated as of the end of such Computation Year; and (Y) Not later than 60 days after the payment of all the Bonds, an amount equal to 100% of the Rebatable Arbitrage calculated as of the end of such applicable Computation Year, and any income attributable to the Rebatable Arbitrage, computed in accordance with Section 148(f) of the Code. In the event that, prior to the time of any payment required to be made from the Rebate Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is due, the Agency shall calculate or cause to be calculated the amount of such deficiency and deposit an amount received from any legally available source, including the other funds and accounts established herein, equal to such deficiency in the Rebate Fund prior to the time such payment is due. Each payment required to be made pursuant to this Subsection 501(1)(iii) shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255 on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038-T, or shall be made in such other manner as provided under the Code. (2) Disposition of Unexpended Funds. Any funds remaining in the Rebate Fund after redemption and payment of the Bonds and the payments described in Section 501(i)(iii), may be transferred by the Trustee to the Agency at the written direction of the Treasurer and utilized in any manner by the Agency. (3) Survival of Defeasance. Notwithstanding anything in this Section 501 or this Indenture to the contrary, the obligation to comply with the requirements of this Section shall survive the defeasance of the Bonds and any Parity Bonds. (4) Trustee Responsible. The Trustee shall have no obligations or responsibilities under this Section other than to follow the written directions of the Treasurer. 000042 08/10/92 ,)nnnn/!)Z1A/15 -7Q- Section 502. Investment of Moneys in Funds and Accounts. Moneys in the Special Fund and the Accounts therein (other than the Reserve Account), the Costs of Issuance Fund and the Redemption Fund shall be invested and reinvested by the Trustee in Permitted Investments, provided that such investments mature by their terms prior to the date on which such moneys are required to be paid out hereunder. Moneys in the Reserve Account shall be invested by the Trustee solely in (i) Permitted Investments having a maturity not greater than 5 years or beyond the date it is anticipated that such moneys will be needed, whichever comes first or (ii) with the prior written approval of the Bond Insurer, an investment agreement which permits withdrawals or deposits without penalty at such time as such moneys will be needed or in order to replenish the Reserve Account. Moneys held by the Trustee in any Fund or Account three Business Days prior to the use of such moneys will be invested in Government Obligations maturing not later than the date such moneys are to be used to pay the principal of or interest on the Bonds. Such investments shall be made in specific investments meeting the requirements of this section as directed in writing by the Executive Director (such written request to be received by 12:00 noon two (2) Business Days prior to such investment) or, in the absence of such written direction, by the Trustee in Permitted Investments described in part (f) or (h) of the definition thereof. The Trustee shall be protected from any liability in acting in accordance with this section or the Agency's direction. Moneys in the Redevelopment Fund shall be invested as directed by the Agency by the Treasurer in any legal investments for Agency funds. Moneys in the Rebate Fund shall be invested in Government Obligations which mature before the date such amounts are required to be paid to the United States. Obligations purchased as an investment of moneys in any Fund or Account held by the Trustee hereunder shall be deemed to be part of such Fund or Account. Any or all interest or gain received from such investments of moneys in any Fund or Account shall be deposited by the Trustee in the respective Fund or Account and any loss incurred in connection with such investments shall be debited against the Fund or Account from which the investment was made. The Trustee shall have no liability or responsibility for any loss resulting from any investment made in accordance with the provisions of this Section 502. Section 503. Investments. The Trustee may make any and all investments permitted by the provisions of Section 501 hereof and Section 4e of the Tax Certificate delivered on the Delivery Date, through its own bond or investment department; provided, however, that the Trustee shall establish to the satisfaction of the Agency that such investments have been made at fair market value. As and when any amount invested pursuant to this Article may be needed for disbursement, the Trustee may cause a sufficient amount of such investments to be sold and reduced to cash to the credit of such Funds pr Accounts. 08/10/92 000043 ARTICLE VI REDEMPTION OF BONDS BEFORE MATURITY Section 601. Limitation on Redemption. The Bonds shall be subject to redemption prior to maturity only as provided in this Article VI. Section 602. A. Optional Redemption. The Bonds maturing on or before October 1, 2001, are not subject to call and redemption prior to maturity. The Bonds maturing on or after October 1, 2002, may be called before maturity and redeemed at the option of the Agency, in whole or in part from proceeds of refunding bonds or other available funds, on October 1, 2001 or on any Interest Payment Date thereafter, prior to maturity, in inverse order of maturity and by lot within any maturity. The Interest Payment Date on which Bonds are to be presented for redemption is sometimes referred to as the "redemption date." Bonds called for redemption shall be redeemed at the redemption prices (expressed as a percentage of the principal amount of Bonds to be redeemed) plus accrued interest to the redemption date as shown in the following table: Redemption Dates Redemption Price October 1, 2001 and April 1, 2002 102% October 1, 2002 and April 1, 2003 101-1/2% October 1, 2003 and April 1, 2004 101% October 1, 2004 and April 1, 2005 100-1/2% October 1, 2005 and thereafter 100% B. Sinking Account Redemption. The Term Bonds maturing on October 1, 2017 shall be subject to mandatory redemption from minimum sinking account payments at a redemption price equal to 100% of the principal amount thereof, plus accrued interest, if any, to the redemption date without premium, on August 1 in each of the following years and amounts: Principal Principal Year Amount Year Amount 2005 2006 2007 2008 2009 2010 2011 08/10/92 2012 $ 2013 2014 2015 2016 2017 (maturity) Section 603. Call and Redemption; Notice of Redemption. The Agency may by resolution direct the call and redemption prior to maturity of Bonds by the Trustee pursuant to Section 602A hereof in such amounts as there are funds available for use in redemption and shall give notice to the Trustee of the redemption at least sixty (60) days prior to the redemption date. Notice of redemption prior to maturity shall be given by first class mail, postage prepaid not less than thirty (30) nor more than sixty (60) days prior to the redemption date to the registered owner of each such Bond at the address shown on the registration books of the Trustee. Neither the failure to receive such notice nor any defect in any notice mailed shall affect the sufficiency of the proceedings for the redemption of any Bonds. The notice of redemption shall: (a) state the redemption date; (b) state the redemption price; (c) state the numbers of the Bonds to be redeemed; provided, however, that whenever any call for redemption includes all of the Outstanding Bonds, the numbers of the Bonds need not be stated; (d) state, as to any Bonds redeemed in part only, the Bond numbers and the principal portion thereof to be redeemed; (e) state that interest on the principal portion of the Bonds designated for redemption shall cease to accrue from and after the redemption date and that on the redemption date there shall become due and payable on each of such Bonds the redemption price for each Bond; and (f) state that the redemption of the Bonds is subject to there being on deposit with the Trustee at the time of such redemption, moneys sufficient to redeem the portion of the Bonds as set forth in the Notice. No notice shall be mailed pursuant to this Section until such time as there is on deposit moneys sufficient to redeem that portion of the Bonds as set forth in the notice. Following the mailing of the notice of redemption, the moneys to be used for such redemption shall be invested only in Government Obligations maturing as needed. The actual receipt by the Bondowner or notice of redemption shall not be a condition precedent to redemption, and failure to receive notice shall not affect the validity of the proceedings for the redemption of the Bonds or the cessation of interest on the redemption date. Notice of redemption of Bonds shall be given by the Trustee on behalf of the Agency and at the request and expense of the Agency. A certificate by the Trustee that notice of redemption has been given in accordance with this Indenture shall be conclusive as against all parties, and no Bondowner whose Bond is called for redemption may object to the redemption or the cessation of interest on the redemption date by claiming or showing that it failed to receive actual notice of call and redemption. 08/10/92 000045 ,3nnnni,)i'zniir -32- Section 604. Redemption Fund. Prior to the mailing of notice as required above, the Trustee shall establish, maintain and hold in trust a separate fund which is hereby created for the purpose of this Indenture entitled "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2, Tax Allocation Bonds, Issue of 1992 Redemption Fund" (hereinafter referred to as the "Redemption Fund"). There shall be set aside in the Redemption Fund prior to mailing notice of optional redemption, moneys (or Government Obligations as provided in Section 1101(c)) for the purpose of and sufficient to redeem, at the premiums, if any, payable as provided in this Indenture, the Bonds designated in the notice of redemption. The moneys must be set aside in the Redemption Fund (or other special trust fund pursuant to Section 1101) and pledged solely for that purpose and shall be applied on or after the redemption date to the payment (principal, interest and premium, if any) of the Bonds to be redeemed upon presentation and surrender of the Bonds. Section 605. Partial Redemption of Bonds. Upon surrender of any Bond redeemed in part only, the Agency shall execute and the Trustee shall authenticate and deliver to the registered owner, at the expense of the Agency, a new Bond or Bonds of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered and of the same interest rate and same maturity. A partial redemption shall be valid upon payment of the amount required to be paid to the registered owner, and the Agency and the Trustee shall be released and discharged from all liability to the extent of such payment. Section 606. Effect of Redemption. Notice of redemption having been duly given as provided above, and moneys for payment of the principal of, premium, if any, and interest payable upon redemption of the Bonds being set aside as provided above, the Bonds, or parts thereof, called for redemption shall, on the redemption date, become due and payable at the redemption price specified in the notice. Interest on the Bonds, or parts thereof, as the case may be, called for redemption shall cease to accrue and be payable from and after the redemption date. The Bonds, or parts thereof redeemed, shall cease to be entitled to any lien, benefit or security under this Indenture, and the Owners of the Bonds shall have no rights except to receive payment of the redemption price upon surrender of the Bonds, and, in the case of partial redemption of Bonds, also to receive a new Bond or Bonds for the unredeemed balance as provided above. All Bonds, or parts thereof, as the case may be, redeemed pursuant to the provisions hereof shall be cancelled upon surrender thereof and delivered to, or destroyed upon the order of the Agency. 000046 O8/10/92 20000/2338/15 -33- Section 607. Purchase of Bonds. In lieu of redemption or otherwise, the Agency is hereby authorized to purchase Bonds on the open market at any time and the Trustee will upon written direction of the Agency settle these purchases from moneys deposited by the Agency with the Trustee at a price not to exceed the principal amount of Bonds plus the applicable premium and accrued interest, if any, to the date of purchase plus brokerage fees, if any. 000047 08/10/92 ARTICLE VII PAYMENT; COVENANTS OF THE AGENCY Section 701. Payment of Principal or Redemption Price of and Interest on Bonds. The Agency shall promptly pay or cause the Trustee to pay the principal or redemption price of, and the interest on, every Bond issued hereunder according to the terms thereof, but shall be required to make such payment or cause such payment to be made only out of Revenues. Section 702. Covenants of the Agency. As long as the Bonds are Outstanding and unpaid, the Agency shall (through its proper members, officers, agents or employees) faithfully perform and abide by all of the covenants, undertakings and provisions contained in this Indenture or in any Bond issued hereunder, including the following covenants and agreements for the benefit of the Bondowners which are necessary, convenient and desirable to secure the Bonds and will tend to make them more marketable; provided, however, that the Covenants do not require the Agency to expend any funds other than amounts credited to the Redevelopment Fund to the extent required to fulfill the Agency objectives with respect to Covenant 1 and Covenant 2, Pledged Revenues and the income thereon: Amendment to Redevelopment Plan. The Agency covenants and agrees that it will diligently carry out and continue to completion in a sound and economical manner, with all practicable dispatch, the Redevelopment Project in accordance with its duty to do so under and in accordance with the Law and the Redevelopment Plan. The Redevelopment Plan may be amended as provided in the Law but no amendment shall be made unless it will not substantially impair the security of the Bonds or the rights of the Bondowners, as shown by an Opinion of Counsel, based upon a certificate or opinion of an Independent Financial Consultant appointed by the Agency. Covenant 2. Use of Proceeds, Management and Operation of Properties. The Agency covenants and agrees that the proceeds of the sale of the Bonds will be deposited and used as provided in this Indenture and that it will manage and operate all properties owned by it comprising any part of the Project Area in a sound and businesslike manner consistent with the Redevelopment Plan. Covenant 3. No Priority. The Agency covenants and agrees that it will not issue any obligations payable, either as to principal or interest, from the Pledged Revenues which have any lien upon Pledged Revenues prior to or superior to the 08/10/92 9llnnl "I9 a /I S _1- lien of the Bonds or any Parity Bonds. Except as permitted by Section 214 hereof, it will not issue any obligations, payable as to principal or interest, from the Pledged Revenues which have any lien upon the Pledged Revenues on a parity with the Bonds or any Parity Bonds. Notwithstanding the foregoing, nothing in this Indenture shall prevent the Agency: (i) from issuing and selling pursuant to law, refunding obligations payable from and having any lawful lien upon the Pledged Revenues, if such refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of the Outstanding Bonds or Parity Bonds; (ii) from issuing and selling obligations which have, or purport to have, any lien upon the Pledged Revenues which is junior to the Bonds or any Parity Bonds; or (iii) from issuing and selling bonds or other obligations which are payable in whole or in part from sources other than the Pledged Revenues. As used herein "obligations" shall include, without limitation, bonds, notes, interim certificates, debentures or other obligations, loans, advances, or other forms of indebtedness incurred by the Agency. Covenant 4. Punctual Payment. The Agency covenants and agrees that it will duly and punctually pay or cause to be paid the principal of and interest on each of the Bonds on the date, at the place and in the manner provided in the Bonds. Covenant 5. Payment of Taxes and Other Charges. The Agency covenants and agrees that it will from time to time pay and discharge, or cause to be paid and discharged, all payments in lieu of taxes, service charges, assessments or other governmental charges which may lawfully be imposed upon the Agency or any of the properties then owned by it in the Project Area, or upon the revenues and income therefrom, and will pay all lawful claims for labor, materials and supplies which if unpaid might become a lien or charge upon any of the properties, revenues or income or which might impair the security of the Bonds or the use of Pledged Revenues or other legally available funds to pay the principal of and interest on the Bonds, all to the end that the priority and security of the Bonds and any Parity Bonds shall be preserved; provided, however, that nothing in this Covenant shall require the Agency to make any such payment so long as the Agency in good faith shall contest the validity of the payment. Covenant 6. Books and Accounts; Financial Statements. The Agency covenants and agrees that it will at all times keep, or cause to be kept, proper and current books and accounts (separate from all other records and accounts) in which complete and accurate entries shall be made of all transactions relating to the Redevelopment Project and the O8/10/92 Pledged Revenues and other funds relating to the Redevelopment Project. The Agency will prepare within one hundred eighty (180) days after the close of each of its Fiscal Years a complete financial statement or statements for such year, in reasonable detail covering the Pledged Revenues and other funds, accompanied by an opinion of an Independent Certified Public Accountant appointed by the Agency, and will furnish a copy of the statement or statements to the Trustee, the Bond Insurer and any rating agency which maintains a rating on the Bonds and, upon written request, to any Bondowner. The Trustee shall have no duty to review the Agency's financial statements. Covenant 7. Eminent Domain Proceedings. The Agency covenants and agrees that if all or any part of the Project Area should be taken from it without its consent, by eminent domain proceedings or other proceedings authorized by law, for any public or other use under which the property will be tax exempt, it shall take all steps necessary to adjust accordingly the base year valuation of the Project Area. Covenant 8. Disposition of Property. The Agency covenants and agrees that it will not dispose of more than ten percent (10%) of the land area in the Project Area (except property shown in the Redevelopment Plan in effect on the date this Indenture is adopted as planned for public use, or property to be used for public streets, public offstreet parking, sewage facilities, parks, easements or right-of-way for public utilities, or other similar uses) to public bodies or other persons or entities whose property is tax exempt, unless such disposition will not result in the security of the Bonds or the rights of Bondowners being substantially impaired, as shown by an Opinion of Counsel addressed to the Agency and the Trustee, based upon the certificate or opinion of an Independent Financial Consultant appointed by the Agency. Covenant 9. Protection of Security and Rights of Bondowners. The Agency covenants and agrees to preserve and protect the security of the Bonds and any Parity Bonds and the rights of the Bondowners and any Parity Bondowners and to contest by court action or otherwise: (a) the assertion by any officer of any government unit or any other person whatsoever against the Agency that (i) the Law is unconstitutional or (ii) that the Pledged Revenues pledged hereunder cannot be paid to the Agency for the debt service on the Bonds, or (b) any other action affecting the validity of the Bonds or diluting the security therefor. The Agency covenants and agrees to take no action which, in the Opinion of Counsel would result in: (a) the Pledged Revenues being withheld unless the withholding is being contested in good faith; and (b) the interest received by the Bondowners becoming includable in gross income under federal income tax laws. 000050 08/10/92 Covenant 10. Tax Covenants. The Agency covenants and agrees to contest by court action or otherwise any assertion by the United States of America or any department or agency thereof that the interest received by the Bondowners is includable in gross income of the recipient under federal income tax laws. Notwithstanding any other provision of this Indenture, absent an opinion of Bond Counsel that the exclusion from gross income of interest with respect to the Bonds and any Parity Bonds will not be adversely affected for federal income tax purposes, the Agency covenants to comply with all applicable requirements of the Code necessary to preserve such exclusion from gross income and specifically covenants, without limiting the generality of the foregoing, as follows: (1) Private Activity. The Agency will take no action or refrain from taking any action or make any use of the proceeds of the Bonds or any Parity Bonds or of any other monies or property which would cause the Bonds or any Parity Bonds to be "private activity bonds" within the meaning of Section 141 of the Code; (2) Arbitrage. The Agency will make no use of the proceeds of the Bonds or any Parity Bonds or of any other amounts or property, regardless of the source, or take any action or refrain from taking any action which will cause the Bonds or any Parity Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code; (3) Federal Guaranty. The Agency will make no use of the proceeds of the Bonds or any Parity Bonds or take or omit to take any action that would cause the Bonds or any Parity Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code; (4) Information Reporting. The Agency will take or cause to be taken all necessary action to comply with the informational reporting requirement of Section 149(e) of the Code; (5) Hedge Bonds. The Agency will make no use of the proceeds of the Bonds or any Parity Bonds or any other amounts or property, regardless of the source, or take any action or refrain from taking any action that would cause either the Bonds or any Parity Bonds to be considered "hedge bonds" within the meaning of Section 149(g) of the Code unless the Agency takes all necessary action to assure compliance with the requirements of Section 149(g) of the Code to maintain the exclusion from gross income of interest on the Bonds and any Parity Bonds for federal income tax purposes; and 000051 08/10/92 lnnnn /1170 /1C -�C- (6) Miscellaneous. The Agency will take no action or refrain from taking any action inconsistent with its expectations stated in that certain Tax Certificate executed by the Agency in connection with each issuance of Bonds and any Parity Bonds and will comply with the covenants and requirements stated therein and incorporated by reference herein. Covenant 11. Taxation of Leased Property. Whenever any property in the Project Area has been redeveloped and thereafter is leased by the Agency to any person or persons (other than a public agency), or whenever the Agency leases real property in the Project Area to any person or persons (other than a public agency) for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, as required by Section 33673 of the Law, and the lease or contract shall provide: (a) that the lessee shall pay taxes upon the assessed value of the entire property and not merely upon the assessed value of his or its leasehold interest; and (b) that if for any reason the taxes levied on the property in any year during the term of the lease or contract are less than the taxes which would have been levied if the entire property had been assessed and taxed in the same manner as privately owned property, the lessee shall pay such difference to the Agency within thirty (30) days after the taxes for the year become payable to the taxing agencies and in no event later than the delinquency date of such taxes established by law. All such payments shall be treated as Pledged Revenues, and when received by the Agency shall be used as provided herein. As an alternative to payment to the Agency pursuant to (b) above, the new owner or owners of property becoming exempt from taxation may elect to make payment to the Agency in a single sum equal to the amount estimated by an Independent Financial Consultant to be receivable by the Agency from taxes on said property from the date of said payment to the maturity date of the Bonds, less a reasonable discount value. All such single sum payments in lieu of taxes shall be treated as Pledged Revenues and shall be transferred to the Trustee for deposit in the Special Fund. Covenant 12. Compliance With Law. The Agency shall comply with all requirements of the Law to insure the allocation and payment to it of the Pledged Revenues including, without limitation, the timely filing of any necessary statements of indebtedness with appropriate officials of the County, and shall forward information copies of each such filing to the Trustee. The Agency further covenants and agrees that, except for the Pass -Through Agreements, it has not entered into any agreements with other tax entities as of the date of this Indenture for the pass -through of any Pledged 00005? Revenues to such entities and will not hereafter enter into any such agreement which requires payment to such taxing -entities prior to deposit of Pledged Revenues in the Special Fund. Covenant 13. Limitation on Indebtedness. The Agency covenants and agrees that it has not and will not incur any loans, obligations or indebtedness repayable from Pledged Revenues such that the total aggregate debt service on said loans, obligations or indebtedness incurred from and after the date of adoption of the Redevelopment Plan, when added to any predecessor debt, the total aggregate debt service on the Bonds and any Parity Bonds, will exceed the maximum amount of Pledged Revenues to be divided and allocated to the Agency pursuant to the Redevelopment Plan. Covenant 14. Further Assurances. The Agency covenants and agrees to adopt, make, execute and deliver any and all such further indentures, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of the Indenture, and for the better assuring and confirming unto the Owners of the Bonds and any Parity Bonds of the rights and benefits provided therein. Section 703. Compliance with Indenture, Contracts, Laws and Regulations. The Agency shall faithfully observe and perform all the covenants, conditions and requirements of this Indenture, shall not issue any Bonds in any manner other than in accordance with this Indenture, and shall not exercise its discretion in any way that might materially weaken, diminish or impair the security intended to be given pursuant to this Indenture. Subject to the limitations and consistent with the covenants, conditions and requirements contained in this Indenture, the Agency shall comply with the terms, covenants and provisions, express or implied, of all contracts concerning or affecting the application of proceeds of the Bonds or the Pledged Revenues. The Agency shall comply promptly, fully and faithfully with and abide by any statute, law, ordinance, order, rule or regulation, judgment, decree, direction or requirement now in force or hereafter enacted, adopted, prescribed, imposed or entered by any competent governmental authority or agency applicable to or affecting the Redevelopment Project. 000053 08/10/92 20000/2338/15 -40- ARTICLE VIII DEFAULT PROVISIONS AND REMEDIES OF TRUSTEE AND BONDOWNERS Section 801. Defaults A. Events of Default. Each of the following shall constitute an Event of Default: (1) Default in the due and punctual payment by the Agency of any installment of interest on any Bond when the interest installment becomes due and payable; (2) Default in the due and punctual payment by the Agency of the principal and premium, if any, of any Bond when the principal becomes due and payable, whether at maturity, by declaration or otherwise; (3) Default made by the Agency in the observance of any of the covenants, agreements or conditions contained in this Indenture or in the Bonds, where the default continues for a period of thirty (30) days following written notice to the Agency; or (4) The Agency files a petition seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the Agency, seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Agency or of the whole or any substantial part of its property. In each Event of Default described in (1) or (2) above the Trustee shall, and in each Event of Default described in (3) or (4) above, the Trustee shall upon written request of Bond Insurer or the Owners of not less than a majority of the aggregate principal amount of the Bonds at the time outstanding, (such request to be in writing to the Trustee and to the Agency), declare the principal of all of the Bonds then outstanding and the interest accrued thereon, to be due and payable immediately. Upon any such declaration the Bonds shall become and shall be immediately due and payable, anything in this Indenture or in the Bonds to the contrary notwithstanding. 000054 08/10/92 The declaration may be rescinded by the Owners of not less than a majority of the Bonds then outstanding provided the Agency cures the default or defaults and deposits with the Trustee a sum sufficient to pay all principal on the Bonds matured prior to the declaration and all matured installments of interest (if any) upon all the Bonds, with interest at the rate of twelve percent (12%) per annum on the overdue installments of principal and, to the extent the payment of interest on interest is lawful at that time, on such overdue installments of interest, so that the Agency is currently in compliance with all payment, deposit and transfer provisions of this Indenture, and has paid or provided for the payment of any expenses incurred by the Trustee in connection with the default. B. Certain Remedies of Bondowners. Any Bondowner shall have the right, for the equal benefit and protection of all Bondowners similarly situated-- (1) by mandamus, suit, action or proceeding, to compel the Agency and its members, officers, agents or employees to perform each and every term, provision and convenant contained in this Indenture and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the Agency and the fulfillment of all duties imposed upon it by the Law; (2) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Bondowners' rights; or (3) upon the happening of any event of default (as defined in this Section), by suit, action 'or proceeding in any court of competent jurisdiction, to require the Agency and its members and employees to account as if it and they were the trustees of an express trust. Anything in this Indenture to the contrary notwithstanding, upon the occurrence and continuance of an Event of Default as defined herein, the Bond Insurer shall be entitled to control and direct the enforcement of all rights and remedies granted to the Bondholders or the Trustee for the benefit of the Bondholders under this Indenture, including, without limitation, acceleration of the maturity of the Bonds as described in this Indenture and the right to annul any declaration of acceleration, and the Bond Insurer shall also be entitled to approve all waivers of events of default. C. Non -Waiver. Nothing in this Section or in any other provisions of this Indenture, or in the Bonds, shall affect or impair the obligation of the Agency, which is absolute and 000055 08/10/92 unconditional, to pay the principal of and interest on the Bonds to the respective Owners of the Bonds at the date of maturity, as herein provided, or affect or impair the right, which is also absolute and unconditional, of the Owners to institute suit to enforce the payment by virtue of the contract embodied in the Bonds. No remedy conferred upon any Bondowner or Trustee by the Indenture is intended to be exclusive of any other remedy, but each remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by the Law or any other law of the State of California. No waiver of any default or breach of any duty or contract by any Bondowner or Trustee shall affect any subsequent default or breach of any duty or contract or shall impair any rights or remedies on the subsequent default or breach. No delay or omission of any Bondowner or Trustee to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any default or acquiescence therein. Every substantive right and every remedy conferred upon the Bondowners or Trustee may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right, or exercise any remedy, shall be brought and should said suit, action or proceeding be abandoned, or be determined adversely to the Bondowners or Trustee, then, and in every such case, the Agency, Trustee or the Bondowners shall be restored to their former positions, rights and remedies as if the suit, action or proceeding had not been brought or taken. D. Actions by Trustee as Attorney-in-Fadt. Any suit, action or proceeding which any Bondowner shall have the right to bring to enforce any right or remedy hereunder may be brought by the Trustee for the equal benefit and protection of all Owners of Bonds similarly situated and the Trustee is hereby appointed (and the successive respective Owners of the Bonds issued hereunder, by taking and holding the same, shall be conclusively deemed so to have appointed it) the true and lawful attorney -in -fact of the respective Owners of the Bonds for the purpose of bringing any suit, action or proceeding and to do and perform any and all acts and things for and on behalf of the respective Owners of the Bonds as a class or classes, as may be necessary or advisable in the opinion of the Trustee as attorney -in -fact; provided, however, the Trustee shall not be required to act hereunder pursuant to this subsection D unless and until it shall receive indemnification satisfactory to it for the reimbursement of all fees and expenses (including its reasonable attorneys fees and expenses) to which it may be put and to protect it against all liability, except liability which is to be adjudicated to have resulted from its negligence or willful misconduct in connection with any action so taken. OOOC'56 08/10/92 E. General. After the issuance and delivery of the Bonds, this Indenture, and any supplemental indentures hereto, shall be irrepealable, but shall be subject to modification or amendment to the extent and in the manner provided in this Indenture, but to no greater extent and in no other manner. Section 802. Application of Funds Upon Acceleration. Upon any acceleration of the Bonds, the Trustee shall, following payment of the costs and expenses (including compensation to their agents, attorneys and counsel) of the Trustee and the Bondowners in declaring such Event of Default, transfer first to the Interest Account an amount equal to (i) the interest due on the Bonds to the date of acceleration minus the amount of moneys then held by the Trustee in the Interest Account and then to the Principal Account all of the moneys held in the Reserve Account and any other moneys held in the Special Fund and the Accounts therein or in the Redemption Fund. If such deposits are insufficient to pay the principal of and interest on the Bonds, the Trustee shall file a claim for payment with the Bond Insurer pursuant to Section 804 and apply the proceeds of such draw to the Interest Account and Principal Account, as appropriate. After the above transfers have been made, all of the amounts paid under the Policy of Bond Insurance and all sums in the Special Fund and the Accounts therein upon the date of the declaration of acceleration as provided in Section 801, and all sums thereafter received by the Trustee hereunder, shall be applied by the Trustee to the payment of all other outstanding fees and expenses of the Trustee and thereafter in the following order upon presentation of the Bonds, and the stamping thereon of the payment if only partially paid, or upon the surrender thereof if fully paid: First, moneys in the Principal Account, if any, shall be applied to the payment in full of the principal of the Outstanding Bonds; Second, moneys in the Interest Account shall be applied to the payment of interest coming due and payable on the Bonds as of the date of acceleration; and Third, any moneys remaining in the Special Fund and Accounts therein shall be applied to the payment of any amounts due and owing by the Agency to the Bond Insurer which are identified in a written certificate executed by a representative of the Bond Insurer and filed with the Trustee. 000057 OB/10/92 ARTICLE IX THE TRUSTEE AND THE PAYING AGENT Section 901. Appointment, Duties, Immunities and Liabilities of Trustee. (a) The Agency hereby appoints First Interstate Bank of California as Trustee and Paying Agent, such appointment to remain in effect until notice of change is filed with the Trustee. The Trustee shall, prior to an Event of Default, and after the curing of all Events of Default which may have occurred, perform such duties and only such duties as are specifically set forth in this Indenture. The Trustee shall, during the existence of any Event of Default (which has not been cured), exercise such of the rights and powers vested in it by this Indenture. All references to the Trustee in this Article IX include references to the Trustee when it is acting as Paying Agent and bond registrar. (b) The Agency may remove the Trustee at any time unless an Event of Default shall have occurred and then be continuing, and shall remove the Trustee if at any time requested to do so by an instrument or concurrent instruments in writing signed by the Bondowners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing) or if at any time the Trustee shall cease to be eligible in accordance with subsection (e) of this Section, or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or its property shall be appointed, or any public officer shall take control or charge of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation; in each case by giving written notice of such removal to the Trustee, and thereupon shall appoint a successor Trustee by an instrument in writing. (c) The Trustee may at any time resign by giving written notice of such resignation to the Agency and the Bondowners, by first class mail. Upon receiving such notice of resignation, the Agency shall promptly appoint a successor Trustee by an instrument in writing. (d) Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective only upon acceptance of appointment by the successor Trustee. Promptly upon such acceptance, the Agency shall notify the Bondowners in writing. If no successor Trustee shall have been appointed and have accepted appointment within 95 days of i 08/10/92 giving notice of removal or notice of resignation as aforesaid, the resigning Trustee, any Bondowner (on behalf of himself and all other Bondowners) may petition any court of competent jurisdiction for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture shall signify its acceptance of such appointment by executing and delivering to the Agency and to its predecessor Trustee a written acceptance thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless at the request of the Agency or the request of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of such predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions herein set forth. Upon request of the successor Trustee, the Agency shall execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. The Trustee's rights to indemnification hereunder and to payment of its fees and expenses shall survive its resignation or removal and the final payment or defeasance of the Bonds. ' (e) Any Trustee appointed under the provisions of this Section in succession to the Trustee shall be a trust company or commercial bank having trust powers and having a corporate trust office located within or without the State, having a combined capital and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this Section the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this subsection (e), the Trustee shall resign immediately in the manner and with the effect specified in this Section. �00n59 08/10/92 (f) Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under subsection (e) of this Section, shall be the successor to such Trustee without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. (g) The permissive right of the Trustee to do things enumerated or contemplated by this Indenture shall not be construed as a duty and the Trustee shall not be liable in the performance of its obligations hereunder except for its negligence or willful misconduct. (h) The Trustee shall not be deemed to have knowledge of any Event of Default hereunder or be deemed to have notice of any Event of Default hereunder unless and until an officer thereof shall have actual knowledge except the Trustee shall have such knowledge if the Agency shall fail to make or cause to be made any of the payments to the Bondowners required to be made by Article IV or XI hereof, or if, the Trustee shall be specifically notified in writing of such Event of Default by the Agency or by the Registered Owners of at least twenty-five percent (25%) in aggregate principal amount of all Bonds then Outstanding. (i) The Trustee shall not be required to give any bond or surety in respect of the execution of its trusts and powers hereunder. (j) Before taking any action under Article VIII hereof, except the declaration of acceleration, or this Section at the request of the Bondowners, the Trustee may require that a satisfactory indemnity bond be furnished by the Bondowners for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability which is adjudicated to have resulted from its negligence or willful misconduct in connection with any action so taken. (k) All moneys received by the Trustee or any Paying Agent shall, until used or applied or invested as herein provided, be held in trust for the purposes for which they were received and shall not be commingled with the general funds of the Trustee or any Paying Agent, but need not be segregated from other funds except to the extent required by law. (1) No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, or its own willful misconduct, except that: 08/10/92 000060 (1) This subsection shall not be construed to limit the effect of subsection (a) of this Section; (2) The Trustee shall not be liable hereunder for any error of judgment made in good faith by an officer of the Trustee, unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; (3) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the owners of a majority in aggregate principal amount of the Bonds Outstanding relating to the time, method and place of conducting any proceeding or any remedy available to the Trustee, or the exercise of any trust or power conferred upon the Trustee, under this Indenture; and (4) No provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. (m) The Agency agrees to pay the reasonable fees, costs and expenses of the Trustee pursuant to this Indenture, as set forth in the fee schedule delivered to the Agency from time to time. (n) The immunities extended to the Trustee also extend to its officers, directors, employees and agents. Section 902. Liability of Trustee. The recitals, statements and representations by the Agency contained in this Indenture or in the Bonds shall be taken and construed as made by and on the part of the Agency, and not the Trustee, and the Trustee does not assume, and shall not have, any responsibility or obligations for the correctness of any thereof. The Trustee shall, however, be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee undertakes to perform such duties, and only such duties as are specifically set forth in this Indenture and no implied duties or obligations shall be read into this Indenture against the Trustee. In accepting the trust hereby created, the Trustee acts solely as Trustee for the Bondowners and not in its individual capacity. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Bonds. 08/10/92 000061 The Trustee shall not be accountable for the use -or application by the Agency or any other party of any funds which the Trustee has released under this Indenture. The Agency covenants to the extent permitted by law to indemnify the Trustee and to hold it harmless against any loss, liability, expenses or advances, including, but not limited to fees and expenses of counsel and other experts, incurred or made without negligence or willful misconduct on the part of the Trustee: (i) in the exercise and performance of any of the powers and duties hereunder by the Trustee; (ii) relating to or arising out of the Redevelopment Project, or the conditions, occupancy, use, possession, conduct or management of, or work done in or about, or from the planning, design, acquisition, installation or construction of the Redevelopment Project or any part thereof; or (iii) arising out of material fact or omission or alleged omission to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading in any official statement or other offering circular utilized in connection with the sale of the Bonds, including the costs and expenses of defending itself against any claim of liability arising under this Indenture. The Trustee may become the owner of Bonds with the same rights it would have if it were not Trustee, and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Bondowners, whether or not such committee shall represent the Bondowners of a majority in principal amount of the Bonds then Outstanding. The Trustee shall have no responsibility, opinion or liability with respect to any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. Section 903. Right of Trustee to Rely on Documents. The Trustee shall be protected hereunder in acting in good faith upon any notice, resolution, request, consent, order, certificate, report, opinion, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties, including, without limitation, all funding and disbursement requisitions and notices. The Trustee may consult with counsel, who may be counsel of or to the Agency, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or 000062 08/10/92 suffered by it hereunder in good faith and in accordance therewith. The Trustee may employ attorneys, agents or receivers in the performance of any of its duties hereunder and shall not be answerable for the misconduct of such attorney, agent or receiver selected by it with reasonable care. The Trustee shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of the trusts imposed upon it by this Indenture, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a certificate of the Agency, and such certificate shall be full warrant to the Trustee for any action taken or suffered in good faith under the provisions of this Indenture in reliance upon such certificate, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 904. Intervention by Trustee. In any judicial proceedings to which the Agency is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interest of owners of the Bonds, the Trustee may in its discretion intervene on behalf of Bondowners and, upon being indemnified to its satisfaction therefor, shall do so if requested in writing by the owners of a majority in aggregate principal amount of all Bonds then Outstanding. Section 905. Designation and Successor of Paying Agent; Agreement with Paying Agent. The Trustee shall be the Paying Agent for the Bonds. Any Successor Paying Agent appointed under the provisions of this Section shall be a commercial bank or trust company eligible to act as Trustee hereunder. The Trustee may remove or replace any Paying Agent by written instrument, which removal or replacement shall not require any consents or approvals. The Trustee shall notify all Bondowners by first-class mail of and upon appointment, removal or replacement of the Paying Agent, such notice to include the name and address of the then appointed Paying Agent, if any. Any commercial bank or trust company with or into which any Paying Agent may be merged or consolidated, or to which the assets and business of such Paying Agent may be sold, shall be deemed the successor of such Paying Agent for the purposes of RM 08/10/92 this Indenture. If the position of Paying Agent shall become vacant for any reason, the Agency may appoint a bank or trust company as such Paying Agent to fill such vacancy. The Paying Agent shall enjoy the same protective provisions in the performance of its duties hereunder as are specified in Sections 901, 902, 903 and 904 hereof with respect to the Trustee insofar as such provisions may be applicable. AA/lA/Q1 ARTICLE X SUPPLEMENTAL INDENTURES Section 1001. Amendments: Supplemental Indentures. This Indenture, and the rights and obligations of the Agency and of the Owners of the Bonds issued hereunder, may be modified or amended at any time by Supplemental Indenture adopted by the Agency with the consent of the Bond Insurer: (a) without the consent of Bondowners, if the modification or amendment is for the purpose of preserving the exclusion of interest on the Bonds (or any refunding obligations therefor) from gross income for federal income tax purposes or if the modifications or amendment is for the purpose of adding covenants and agreements further to secure Bond payment, to prescribe further limitations and restrictions on Bond issuance, to surrender rights or privileges of the Agency, to make modifications not affecting any Outstanding series of Bonds only with the consent of the Trustee, for the purpose of curing any ambiguities, defects or inconsistent provisions in this Indenture or to insert such provisions clarifying matters or questions arising under this Indenture as are necessary and desirable to accomplish the same, provided that the modifications or amendments do not adversely affect the rights of the Owners of any Outstanding Bonds; or (b) for any purpose with the consent of the Bondowners holding not less than sixty percent (60%) in aggregate principal amount of the Outstanding Bonds, exclusive of Bonds, if any, owned by the Agency or the City, and obtained as hereinafter set forth; provided, however, that no modification or amendment shall, without the express consent of the Bondowner or registered owner of the Bond affected, reduce the principal amount of any Bond, reduce the interest rate payable on it, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable, or create a mortgage pledge or lien upon the Pledged Revenues superior to or on a parity (except as provided in Section 214) with the pledge and lien created for the Bonds and any Parity Bonds or reduce the percentage of consent required for amendment or modification and provided further, that no amendments affecting the duties, obligations or rights of the Trustee shall take affect without the consent of the Trustee. Any act done pursuant to a modification or amendment permitted by this Section 1001 shall be binding upon the Owners of all of the Bonds, and shall not be deemed an infringement of any of the provisions of this Indenture or of the Law, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the original terms of this Indenture and after consent as required in 08/10/92 ''000065 Section 1001(b) above has been given, no Bondowner shall have any right or interest to object to the action, to question its propriety or to enjoin or restrain the Agency or its officers from taking any action pursuant to such modification or amendment. The Trustee may obtain an opinion of counsel that any such Supplemental Indenture complies with the provisions of this Article % and the Trustee may conclusively rely upon such opinion. A. Calling Bondowners' Meeting. If the Agency shall desire to obtain the Bondowners' consent, it shall duly adopt a resolution calling a meeting of the Bondowners for the purpose of considering the action for which consent is desired. B. Notice of Meeting. Notice specifying the purpose, place, date and hour of a Bondowners' meeting shall be mailed, postage prepaid by the Agency, to the respective registered owners at their addresses appearing on the bond register as maintained by the Trustee. The notice shall set forth the nature of the proposed action for which consent is desired. The place, date and hour of the meeting and the date or dates of mailing the notice shall be determined by the Agency in its discretion; provided that such notice shall be mailed at least 15 days prior to the date of the Bondowners' meeting. The actual receipt by any Bondowner of notice of any Bondowners' meeting shall not be a condition precedent to the holding of the meeting, and failure to receive notice shall not affect the validity of the proceedings at the meeting. A certificate by the Secretary of the Agency approved by resolution of the Agency, that the meeting has been called and that notice has been given as provided herein, shall be conclusive as against all parties and no Bondowner shall have the right to show that he failed to receive actual notice of the meeting. C. Voting Qualifications. The Trustee shall prepare and deliver to the chairman of the meeting a statement of the names and addresses of the registered Owners of Bonds. This statement shall show maturities, serial numbers and principal amounts so that voting qualifications can be determined. No Bondowners shall be entitled to vote at the meeting unless their names appear upon the statement. No Bondowners shall be permitted to vote with respect to a larger aggregate principal amount of Bonds than is set against their names on the statement. D. Issuer -Owned Bonds. The Agency covenants that it will present at the meeting a certificate, signed and verified by one of its members and by the Treasurer, stating the Bond 08/10/92 numbers and principal amounts of all Bonds owned by, or held for account of, the Agency or the City, directly or - indirectly. No person shall be permitted at the meeting to vote or consent with respect to any Bond appearing upon the certificate, or any Bond which is established at or prior to the meeting to be owned by the Agency or the City, directly or indirectly, and no such Bond (in this Indenture referred to as "issuer -owned Bonds") shall be counted in determining whether a quorum is present at the meeting. E. Quorum and Procedure. A representation of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of issuer -owned Bonds, if any) shall be necessary to constitute a quorum at any meeting of Bondowners, but less than a quorum may adjourn the meeting from time to time, and the meeting may be held as adjourned without further notice, whether such adjournment shall have been held by a quorum or by less than a quorum. The Agency shall, by an instrument in writing, appoint a temporary chairman of the meeting, and the meeting shall be organized by the election of a permanent chairman and secretary. At any meeting each Bondowner shall be entitled to one vote for every $5,000 principal amount of Bonds with respect to which he shall be qualified to vote as set forth above, and the vote may be given in person or by proxy duly appointed by an instrument in writing presented at the meeting. The Agency and/or the Trustee by their duly authorized representatives and counsel, may attend any meeting of the Bondowners, but shall not be required to do so. F. Vote Required. At any Bondowners meeting there shall be submitted for the consideration and action,of the Bondowners a statement of the proposed action for which consent is desired. If the action is consented to and approved by Bondowners holding at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of issuer -owned Bonds), the chairman and secretary of the meeting shall so certify in writing to the Agency. The certificate shall constitute complete evidence of consent of the Bondowners under the provisions of this Indenture. A certificate signed and verified by the chairman and the secretary of any Bondowners meeting shall be conclusive evidence and the only competent evidence of matters stated in the certificate relating to proceedings taken at the meeting. 08/10/92 000067 20000/2338/15 -54- ARTICLE XI DEFEASANCE Section 1101. Defeasance. If the Agency shall pay or cause to be paid, or there shall be otherwise paid or provisions for payment made to or for the holders and owners of the Bonds, the principal, premium, if any, and interest due or to become due thereon at the time and in the manner stipulated therein, and if the Agency shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it or on its part, and shall pay or cause to be paid to the Trustee all sums of money due or to become due according to the provisions hereof including fees and expenses of the Trustee, then this Indenture and the lien, rights and interest created hereby shall cease, determine and become null and void (except as to any surviving rights of registration, transfer or exchange of Bonds herein provided for and except for the rights of the Trustee to receive compensation and indemnification in accordance with Article IX hereof), whereupon the Trustee shall cancel and discharge this Indenture, and execute and deliver to the Agency such instruments in writing as shall be requested by the Agency and requisite to discharge this Indenture, and release, assign and deliver unto the Agency any and all the estate, right, title and interest in and to any and all right assigned or pledged to the Trustee or otherwise subject to this Indenture, except moneys or securities held by the Trustee for the payment of the principal of, premium, if any, and interest on the Bonds. The lien of the Indenture shall be discharged, if the Agency shall pay and discharge the entire indebtedness on all Bonds Outstanding in any one or more of the following ways: (a) By well and truly paying or causing to be paid the principal of and interest on all Bonds Outstanding, together with all amounts due the Trustee as and when the same become due and payable; (b) By depositing with the Trustee, in a special trust fund created for such purpose, at or before maturity, moneys which, together with moneys then on deposit in the Special Fund and Accounts therein, is fully sufficient to pay all Bonds Outstanding, including all principal, interest and redemption premiums together with all amounts due the Trustee; or O8/10/92 (c) By depositing with the Trustee, in a special trust created for such purpose, moneys invested in non -callable Government Obligations in such amount as an Independent Financial Consultant shall determine will, together with the interest to accrue thereon without reinvestment and moneys then on deposit in the Special Fund and Accounts therein, be fully sufficient to pay and discharge any indebtedness on all Bonds (including all principal, interest, redemption premiums) at or before maturity; then, at the option of the Agency, and notwithstanding that all Bonds shall not have been surrendered for payment, the pledge of the Pledged Revenues and other funds provided for in this Indenture and all other obligations of the Agency under this Indenture with respect to all Bonds outstanding shall cease and terminate, except only the obligation of the Agency to pay or cause to be paid to the Owners of the Bonds not so surrendered and paid all sums due thereon, and the rights of the Trustee to indemnification and payment of fees and expenses under Article IX hereof. Notice of the exercise of such option shall be filed with the Trustee. Any funds held by the Trustee after discharge of the lien of the Indenture including any funds which have not been claimed by the person entitled thereto within two (2) years of the date upon which such funds were scheduled to be paid, or which are not required for said purpose, shall be paid over to the Agency and thereafter Bondowners shall look only to the Agency for payment. Notwithstanding the discharge of this Indenture with respect to the lien of the Bonds, the provisigns of Article V of this Indenture will continue in full force and effect until all required payments under Article V hereof have been made. 000069 08/10/92 20000/2338/15 -56- ARTICLE XII MISCELLANEOUS Section 1201. Consents, Etc. of Bondowners. Any consent, approval, direction or other instrument required by this Indenture to be signed and executed by the Bondowners may be in any number of concurrent writings of similar tenor and may be signed or executed by such Bondowners in person or by agent appointed in writing. Proof of the execution of any such consent, approval, direction or other instrument or of the writing appointing any such agent, if made in the following manner, shall be sufficient for any of the purposes of this Indenture, and shall be conclusive in favor of the Trustee with regard to any action taken under such request or other instrument, namely: (a) The fact and date of the execution by any person of any such instrument or writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such instrument or writing acknowledged before him the execution thereof, or by affidavit of any witness to such execution; and (b) The fact of ownership of Bonds and the amount or amounts, numbers and other identification of such Bonds, and the date of holding the same shall be proved by the registration books maintained by the Trustee pursuant to Section 209 thereof. Section 1202. Limitation of Rights. WitH the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Indenture or the Bonds is intended or shall be construed to give to any person other than the parties hereto, and the owners of the Bonds any legal or equitable right, remedy or claim under or in respect to this Indenture. This Indenture and all of the covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto, and the owners of the Bonds as herein provided. Section 1203. Severability. If any provision of this Indenture shall be invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or 000070 08/10/92 unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or Sections in this Indenture contained, shall not affect the remaining portions of this Indenture, or any part thereof. Section 1204. CUSIP Numbers. CUSIP identification numbers will be imprinted on the Bonds, but numbers shall not constitute a part of the contract evidenced by the Bonds and no liability shall attach to the Agency or any of the officers or agents because of or on account of said numbers. Any error or omission with respect to the numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and pay for the Bonds. Section 1205. Successor is Deemed Included in All References to Predecessor. Whenever in this Indenture or any Supplemental Indenture either the Agency or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the Agency or the Trustee shall inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 1206. Counterparts. This Indenture may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 1207. Applicable Law. This Indenture shall be governed by and construed in accordance with the laws of the State of California. Section 1208. Captions. The captions or headings in this Indenture are for convenience only and in no way define, limit, or describe the scope or intent of any provisions or sections of this Indenture. Section 1209. Compliance Certificates and opinions. Every certificate (except the Certificate provided for in Section 212) or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include: (a) A statement that the person or persons making such certificate or opinion have read such covenant or condition and the definitions herein relating thereto; 000071 08/10/92 Innnn/111a/1S -SR- (b) A brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (c) A statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) A statement as to whether or not, in the opinion of the signers, such condition or covenant has been complied with. Section 1210. Conflict with Trust Indenture Act of 1939. If this Indenture is qualified under the Trust Indenture Act of 1939, as amended (the "1939 Act") and any provision of the 1939 Act limits, qualifies or conflicts with another provision hereof which is required to be included in this Indenture by any of the provisions of the 1939 Act, such required provision shall control. Section 1211. Successors. whenever in this Indenture either the Agency or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the Agency or the Trustee shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 1212. Execution of Documents and Proof of Ownership by Bondowners. Any request, declaration or other instrument which this Indenture may require of permit to be executed by Bondowners may be in one or more instruments of similar tenor, and shall be executed by the Bondowners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Bondowner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be provided by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. 000072 08/10/92 Except as otherwise herein expressly provided, the amount of Bonds transferable by delivery held by any such person executing such request, declaration or other instrument or writing as a Bondowner, and the numbers thereof, and the date of his owning such Bonds, may be proved by the registration books to be maintained pursuant to Section 209. The Trustee may nevertheless in its discretion require further or other proof in cases where it deems the same desirable. The ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the aforesaid registration books. Any request, declaration or other instrument or writing of the Bondowner of any Bond shall bind all future Owners of such Bonds in respect of anything done or suffered to be done by the Agency or the Trustee in good faith and in accordance therewith. Section 1213. Waiver of Personal Liability. No member, officer, agent or employee of the Agency shall be individually or personally liable for the payment of the principal of or interest on the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 1214. Notices. All written notices to be given under this Indenture shall be given by mail or personal delivery to the party entitled thereto at its address set forth below, or at such other address as the party may provide to the other parties in writing from time to time. Notice shall be effective upon receipt or, in the case of personal delivery, upon delivery to the address set forth below:. If to the Agency: La Quinta Redevelopment Agency 78-105 Calle Estado La Quinta, California 92253 Attn: Executive Director If to the Trustee: First Interstate Bank of California 707 Wilshire Blvd., W-11-1 Los Angeles, California 90017 Attn: Corporate Trust Department Section 1215. Accounting Records and Reports. The Trustee shall at all times keep proper books of record and accounts in which complete and accurate entries shall be made of all transactions relating to the proceeds of Bonds and all funds and accounts established pursuant to this Indenture. Not later than 45 Business Days following each Interest Payment Date, the Trustee shall prepare and file with the Agency a report setting 000073 G77i[�1L•Ya n forth: (i) amounts withdrawn from and deposited into each fund and account maintained by the Trustee under this Indenture; (ii) the balance on deposit in each fund and account as of the Interest Payment Date for which such report is prepared, and (iii) a brief description of all obligations held as investments in each fund and account. Copies of such reports may be mailed or delivered to any owner of any Bond upon the Owner's written request at a cost not to exceed the Trustee's actual costs of duplication and mailing of delivery. The Trustee agrees to cooperate with any consultant hired by the Agency to certify compliance with any State or Federal tax requirements and to provide any information requested on a timely basis. 000074 noiin,na IN WITNESS WHEREOF, the La Quinta Redevelopment Agency, California has caused these presents to be signed in -its name and on its behalf by its Chairman and its seal to be hereunto affixed and attested by its Secretary and to evidence its acceptance of the trusts hereby created the Trustee has caused these presents to be signed in its name and behalf by one of its duly authorized officers all as of the Ist day of October, 1992. LA QUINTA REDEVELOPMENT AGENCY By: (SEAL) Chairman ATTEST: Secretary FIRST INTERSTATE BANK OF CALIFORNIA, as Trustee By: Authorized,Officer 000075 08/10/92 20000/2338/15 -62- EXHIBIT A (FORM OF BOND) STATE OF CALIFORNIA COUNTY OF RIVERSIDE LA QUINTA REDEVELOPMENT AGENCY LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 TAX ALLOCATION BOND ISSUE OF 1992 Interest Rate Maturity Date Date of Issuance CUSIP No. October 1, 1992 REGISTERED OWNER: PRINCIPAL SUM: The LA QUINTA REDEVELOPMENT AGENCY (hereinafter sometimes called the "Agency"), a public body, corporate and politic, duly organized and existing under the laws of the State of California, for value received, hereby promises to pay (but solely out of the funds hereinafter mentioned) to the registered owner specified above or registered assigns (herein sometimes referred to as "registered owner") the principal sum stated above on the date stated above and to pay the registered owner on each April 1 and October 1, commencing on April 1, 1993 (each such date an "Interest Payment Date") by check mailed on the Interest Payment Date to him by first class mail, postage prepaid as his name and address appear on the register kept by the Trustee (defined below) as of the close of business on the fifteenth (15th) day of the month next preceding each Interest Payment Date (the "Regular Record Date"), interest on the principal sum from the Interest Payment Date next preceding the date of authentication hereof (unless (i) the date of authentication hereof is an Interest Payment Date, in which event from that Interest Payment Date, (ii) the date of authentication hereof is after the Regular Record Date and prior to the next succeeding Interest Payment Date, and if the Agency shall not default in the payment of interest due on said Interest Payment Date, from said Interest Payment Date, or (iii) the date of authentication hereof is prior to March 16, 1993, in which event from October 1, 1992) until the principal hereof shall have been paid or provided for in accordance with the Indenture hereinafter referred to, at the rate per annum set forth above; provided that upon written request made before the Regular Record Date preceding the Interest Payment Date by a Bondowner of $1,000,000 or more in principal amount of Bonds, payment shall be made on the Interest Payment Date by wire transfer in immediately available funds to an account 000076 A-1 designated by such Bondowner to the Trustee. Both principal and interest on this Bond are payable in lawful money of the United States of America, and (except for interest which is payable as stated above) are payable upon presentation of this Bond at the corporate trust office of First Interstate Bank of California, as Trustee (the "Trustee") in Los Angeles, California. This Bond, the interest hereon and any premium due upon the redemption of this Bond prior to maturity are not a debt of the City of La Quinta, the State of California or any of its political subdivisions, and neither said City, said State nor any of its political subdivisions is liable hereon, nor in any event shall this Bond, said interest or said premium be payable out of any funds or properties other than the funds of the Agency as set forth in the Indenture hereinafter mentioned. This Bond does not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the members of the Agency nor any persons executing the Bond are liable personally on this Bond by reason of its issuance. This Bond is one of a duly authorized issue of bonds of the Agency designated "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2, Tax Allocation Bonds, Issue of 1992" (hereinafter called "Bonds") in aggregate principal amount of $ all of like tenor (except for bond numbers, maturity dates and differences, if any, in interest rates) and all of which have been issued pursuant to and in full conformity with the Constitution and laws of the State of California and particularly the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California) for the purpose of financing a portion of the costs of implementing the Redevelopment Plan and are authorized by and issued pursuant to an Indenture of Trust entered into by and between the Agency and the Trustee dated as of October 1, 1992 (the "Indenture") and all of the Bonds are equally secured in accordance with the terms of the Indenture, reference to which is hereby made for a specific description of the security therein provided for said Bonds, for the nature, extent and manner of enforcement of such security, for the covenants, and agreements made for the benefit of the Bondowners, and for a statement of the rights of the Bondowners, and by the acceptance of this Bond the registered owner hereof assents to all of the terms, conditions and provisions of said Indenture. In the manner provided in the Indenture, said Indenture and the rights and obligations of the Agency and of the Bondowners, may (with certain exceptions as stated in said Indenture) be modified or amended with the consent of the Owners of sixty percent (60%) in aggregate principal amount of outstanding Bonds, exclusive of issuer -owned bonds, unless such modification or amendment is for the purpose of curing ambiguities, defects, etc., in which case no Bondowner's consent is required. 000077 The principal of this Bond and the interest hereon are secured by an irrevocable pledge of, and are payable solely from, the Pledged Revenues (as such term is defined in said Indenture) and certain other funds, all as more particularly set forth in the Indenture. Said Indenture is adopted under and this Bond is issued under and is to be construed in accordance with the laws of the State of California. The outstanding Bonds maturing on or after October 1, 2002, may be called before maturity and redeemed at the option of the Agency in whole or in part from the proceeds of refunding bonds or other available funds on October 1, 2001, or on any Interest Payment Date thereafter prior to maturity. If less than all of the Bonds outstanding are to be redeemed at any one time, the Bonds to be redeemed shall be redeemed in inverse order of maturity, and by lot within a maturity. Bonds called for redemption shall be redeemed at a redemption price (expressed as a percentage of the principal amount of Bonds to be redeemed) plus accrued interest to the redemption date as shown in the following table: Redemption Dates Redemption Price October 1, 2001 and April 1, 2002 102% October 1, 2002 and April 1, 2003 101-1/2% October 1, 2003 and April 1, 2004 101% October 1, 2004 and April 1, 2005 100-1/2% October 1, 2005 and thereafter 100% For the purpose of selecting Bonds by lot, Bonds in excess of $5,000 will be assigned a separate number for each $5,000 of principal they represent. The Term Bonds maturing on October 1, 2017 are also subject to mandatory redemption from minimum sinking account payments as provided in the Indenture. This Bond is issued in fully registered form and may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations of the same issue, all as more fully set forth in the Indenture. This Bond is transferable by the registered owner hereof, in person or by his attorney duly authorized in writing, at the corporate trust office of the Trustee in Los Angeles, California, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture, upon surrender and cancellation of this Bond. Upon such transfer a new registered Bond of authorized denomination or denominations for the same aggregate principal amount of the same issue will be issued to the transferee in exchange therefor. The Agency, the Trustee and any Paying Agent may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Agency, the Trustee and any Paying Agent shall not be affected by any notice to the contrary. A_3 000078 This Bond shall not be entitled to any benefit under the Indenture, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Trustee. It is hereby recited, certified and declared that any and all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in due time, form and manner as required by the Constitution and laws of the State of California. IN WITNESS WHEREOF, the La Quinta Redevelopment Agency has caused this Bond to be signed on its behalf by its Chairman by facsimile signature and by its Secretary by facsimile signature and the seal of said Agency to be imprinted hereon. [SEAL] Chairman of the La Quinta Redevelopment Agency Secretary of the La Quinta Redevelopment Agency A-4 000079 [FORM OF CERTIFICATE OF AUTHENTICATION ON FULLY REGISTERED BONDS] This is one of the fully registered Bonds described in the within -mentioned Indenture. Date of Authentication: FIRST INTERSTATE BANK OF CALIFORNIA, Trustee By: Authorized Officer [FORM OF ASSIGNMENT OF FULLY REGISTERED BONDS] For value received hereby sells, assigns and transfers unto the within -mentioned Bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the books of the Trustee with full power of substitution in the premises. Dated: NOTE: The signature to this Assignment must correspond with the name as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. 2000Q/2338/015 Fieldman, Rolapp & Associates PRINCIPALS INI)I PF NUI NI IINAN(IAL AI)A'ISf )I:5 TO (HAI (;(1VFRNMI:N1 \`\ WILLIAM L. HELDMAN r j R. MICHAEL MCNAMARA 0 111 V . LAW RENCE G. ROLAPP To: Dis 'bution List SOUTHERN CALIFORNIA OFFICE From: Tom DeMars - Fieldman, Rolapp & Associates 2100 S. E. MAIN STREET Date: August 28, 1992 SECOND FLOOR IRVINF, (-A 92714 Subject: La Quinta RDA 1992 Tax Allocation Bonds 714•660.8-,00 FAX 714.474.8773 Please find enclosed the latest draft of the Preliminary Official Statement. NORTHERN CALIFORNIA OFFICE Please provide any comments or changes to Mark Holmstedt or myself as soon 110-933.6096 as possible. This draft contains the changes in the latest Indenture provided by FAX 510.933•6098 Fritz Stradling. The following is the status regarding certain items that need to be finalized as we proceed: CHARTER MEMBER NATIONAL ASSOCIATION • RDA Boundary Map. OF INDEPENDENT PUBLIC Project Area Map. FINANCE ADVISORS • Transpacific Development Company has been contacted to provide additional information regarding the project as to anticipated construction schedules and any leases that have been finalized. • Updated Direct and Overlapping Debt reports were ordered August 20, 1992 to be effective September 15, 1992. • RSG has been contacted to finalize the Redevelopment Consultant's Report. Riverside County has not finalized figures yet, but RSG expects to be able to have figures the week of August 31, 1992 in order to finalize the report. • Contacted Conrad and Associates, City of La Quinta and RDA Auditor, and 1992 Audited Financials will not be finalized in time for the final official statement. Some data may be available for internal use but not for publication. Rating Agencies and Insurance Companies please advise Mark Holmstedt or myself if you need additional information. Please advise me if there is any additional information that is needed by any of you. I look forward to your comments and cooperation. Regards. 000081 DRAFT NEW ISSUE Ratings: (See "Ratings and Insurance" herein) PRELIMINARY OFFICIAL STATEMENT DATED , 1992 In the opinion of Stradling, Yocca, Carlson & Rauth, a Professional Corporation, Newport Beach, California ("Bond Counsel"), under existing statutes, regulations, rulings and judicial decisions, and assuming certain representations and compliance with certain covenants and requirements described herein, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations. In the further opinion of Bond Counsel, interest on the Bonds is exempt from State of California personal income tax. See "Tax Exemption " herein with respect to tax consequences with respect to the Bonds. LA QUINTA REDEVELOPMENT AGENCY La Quinta Community Development Project 1992 Tax Allocation Bonds Dated: October 1, 1992 Due: October 1. as shown below Interest with respect to the Bonds is payable semi-annually on April 1 and October 1 of each year, commencing April 1, 1993 by check mailed by first class mail to the person registered as the Owner as of the close of business on the fifteenth day of the month before each Interest Payment Date. Interest payments may be made by wire transfer to the owner of $1,000,000 or more of the Bonds. The Bonds and the interest thereon shall be payable upon presentation at the corporate trust office of the Trustee. The Bonds shall be issued in the form of fully registered bonds in denominations of $5,000 or any whole multiple thereof. The La Quinta Redevelopment Agency 1992 Tax Allocation Bonds (the "Bonds") are being sold to; (i) finance a portion of the cost of implementing the Redevelopment Plan (the "Plan") of the La Quinta Redevelopment Agency (the "Agency"); (ii) make a deposit to the Reserve Account (as defined herein); (iii) to make an initial deposit to the Escrow Fund; and (iv) to pay costs of issuance of the Bonds. The Bonds are being issued pursuant to the Constitution and the laws of the State of California (the "State"), including the California Community Redevelopment Law codified in Part 1, of Division 24 commencing with Section 33000 of the California Health and Safety Code (the "Law"). The Bonds are being issued pursuant to an indenture of trust by and between the Agency and First Interstate Bank Ltd., N.A., Los Angeles, California, acting as the Trustee, Registrar, Transfer Agent and Paying Agent of the Bonds (the "Trustee") and dated as of September 15 4, 1992 (the "Indenture"). The Bonds are subject to optional redemption by the Agency and, in certain cases, mandatory sinking fund redemption without premium as described herein. See "Optional Redemption" and "Mandatory Redemption." The Bonds are payable from and secured by Pledged Tax Revenues (as hereafter defined) to be derived from the La Quinta Redevelopment Project Area #2 (the "Project Area") and by the investment earnings on all funds held by the Trustee (with the exclusion of the Excess Investment Earnings Fund), all as more particularly set forth in the Indenture ("Revenues"). Pledged Tax Revenues include property taxes levied on behalf of the County of Riverside (the "County") on that portion of the assessed valuation over and above the base year assessed valuation of the Project Area as adjusted by the Article XIIIA 2 % inflationary increase, less the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Health and Safety Code Sections 33334.2 and 33334.3 and, pursuant to certain agreements, paid to certain other taxing agencies of the County of Riverside. See "Security for the Bonds" herein. Any future decrease 00008 ) in assessed valuation or property tax rates within the Project Area could reduce Pledged Tax Revenues and could have an adverse impact on the ability of the Agency to pay the principal of and interest on the Bonds. See "SPECIAL INVESTMENT CONSIDERATIONS", herein. The Bonds are being issued for sale to the La Quinta Financing Authority (the "Authority"), a joint powers authority created by the Agency and the City of La Quinta (the "City") pursuant to the laws of the State of California (the "State"). The Authority will resell the Bonds to the Underwriter. THE BONDS ARE NOT A DEBT OF THE CITY OF LA QUINTA, THE STATE OF CALIFORNIA, OR ANY OF ITS POLITICAL SUBDIVISIONS OTHER THAN THE AGENCY, AND NEITHER THE CITY OF LA QUINTA, THE STATE OF CALIFORNIA, OR ANY OF ITS POLITICAL SUBDIVISIONS OTHER THAN THE AGENCY IS LIABLE THEREON. IN NO EVENT SHALL THE BONDS, OR ANY INTEREST OR REDEMPTION PREMIUM THEREON, BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THOSE OF THE AGENCY AS SET FORTH IN THE INDENTURE. THE BONDS DO NOT CONSTITUTE AN INDEBTEDNESS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. NEITHER THE MEMBERS OF THE AGENCY NOR ANY PERSONS EXECUTING THE BONDS ARE LIABLE PERSONALLY ON THE BONDS. Maturity Principal (October 1) Amount 1993 $ 1994 1995 1996 1997 1998 rNE. V 1',7_M_II'_Z.Y $ Serial Bonds Interest Maturity Principal Rate (October 1) Amount % 1999 2000 2001 2002 2003 2004 2005 Interest Rate % Term Bonds due October 1, 2017 Price % (plus accrued interest) This cover page contains certain information for reference only. It is not a summary of this Preliminary Official Statement (the "Official Statement"). Investors must review the entire Official Statement to obtain information essential to the making of an informed investment decision. The Bonds are offered when, as and if delivered and received, subject to approval as to legality by Stradling, Yocca, Carlson & Rauth, a Professional Corporation, Newport Beach, California, Bond Counsel, and to certain other conditions. It is anticipated that the Bonds in definitive form will be available for delivery in New York, New York on or about October 21, 1992. CITY COUNCIL OF THE CITY OF LA QUINTA John J. Pena, Mayor Dr. William Rushworth, Mayor Pro Tem Dale Bohnenberger, Council Member Kristy Franklin, Council Member Stanley Sniff, Council Member BOARD OF DIRECTORS OF THE LA QUINTA REDEVELOPMENT AGENCY John J. Pena, Chairman Dr. William Rushworth, Vice Chairman Dale Bohnenberger, Member Kristy Franklin, Member Stanley Sniff, Member LA QUINTA CITY STAFF Murray Warden, Interim City Manager Thomas P. Genovese, Finance Director Pamela LiCalsi, Administrative Analyst Frank Reynolds, Superintendent of Streets Dawn Honeywell, City Attorney Saundra Juhola, City Clerk LA QUINTA FINANCING AUTHORITY PROFESSIONAL SERVICES BOND COUNSEL Stradling, Yocca, Carlson & Rauth Newport Beach, California FINANCIAL ADVISOR Fieldman, Rolapp & Associates Irvine, California REDEVELOPMENT CONSULTANT Rosenow Spevacek Group, Inc. Santa Ana, California TRUSTEE Security Pacific Bank, National Association Los Angeles, California RR11791', A IVID1tI Westhoff -Martin & Associates Lafayette, California In connection with this offering, the underwriters may over -allot or effect transactions that stabilize or maintain the market prices of the Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. No dealer, broker, salesman, or other person has been authorized by the Agency to give any information or make representations, other than those contained herein, and, if given or made, such other information or representations must be relied upon as having been authorized by the Agency. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor will there by any offer or sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an offer, solicitation or sale. This Official Statement is not to be construed as a contract with the purchasers of the Bonds. Statements contained in the Official Statement which involve estimates, forecasts, or matters of opinion, whether or not expressly so described herein are intended solely as such and are not to be construed as a representation of facts. This Official Statement has been deemed final as of its date by the Agency pursuant to Rule 15c2-12 of the Securities and Exchange Commission promulgated under the Securities Exchange Act of 1934, as amended, except for information which is permitted to be excluded from this Official Statement under said Rule 15c2-12. The information set forth herein has been obtained from official sources which are believed to be reliable but it is not guaranteed as to accuracy or completeness. The information and expression of opinion herein are subject to change without notice, and neither delivery of this Official Statement nor any sale made hereunder will, under any circumstances, create any implication that there has been no change in the affairs of the Agency since the date hereof. All summaries are made subject to the provisions of such documents respectively and do not purport to be complete statements of any or all of such provisions. Reference is hereby made to such documents on file with the Agency for further information in connection therewith. Bond Counsel shall deliver, at closing, a certificate executed by the Agency to the effect that as of the date of delivery the information contained in the Official Statement relating to the Agency and the Bonds, is true and correct in all material respects, and that the Official Statement does not contain any untrue statement of a material fact, or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were madkvalid. The Official Statement is submitted in connection with the sale of the Bonds referred to herein and may not be reproduced or used, in whole or in part, for any other purpose. The Bonds are exempt from registration with the Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended. li 000085 TABLE OF CONTENTS Page No. INTRODUCTORY STATEMENT ................................................... 1 The Agency and the Project............................................................. 2 Tax Allocation Financing................................................................ 2 THEBONDS............................................................................. 3 General..................................................................................... 3 Form and Ownership of the Bonds ..................................................... 3 ReplacementBonds....................................................................... 3 Current Agency Bonding Capacity ..................................................... 5 OptionalRedemption..................................................................... 5 Sinking Fund Redemption............................................................... 6 Purchaseof Bonds........................................................................ 6 Noticeof Redemption.................................................................... 6 PartialRedemption....................................................................... 7 Mandatory Redemption.................................................................. 7 Redemption from Unexpended Proceeds .............................................. 7 Estimated Disposition of Proceeds ..................................................... 8 Debt Service Schedule................................................................... 9 SECURITY FOR THE BONDS.....................................................10 Tax Allocation Financing...............................................................10 Allocationof Taxes......................................................................10 Revenues..................................................................................11 Debt Service Reserve Fund.............................................................11 The Escrow Fund..: . * * * - * * * * , - * .... .... ... , ........... 12 Subordinate Obligations.................................................................13 THEPROJECT.........................................................................14 SPECIAL INVESTMENT CONSIDERATIONS.................................15 Reduction in Taxable Value............................................................15 Future Land Use Regulations and Growth Control Initiatives...........................................................15 Reduction in Inflationary Rate.........................................................15 Levyand Collection.....................................................................16 Property Held by FDIC/RTC..........................................................16 Lossof Tax Exemption.................................................................17 Trustee's Right to Indemnification....................................................17 Enforceability of Remedies.............................................................17 LIMITATIONS ON TAX REVENUES............................................18 Article XIIIA of the State Constitution...............................................18 Implementing Legislation...............................................................18 Statutory Spending Limitations........................................................19 Property Tax Collection Procedures..................................................20 Supplemental Assessments..............................................................21 Certification of Indebtedness...........................................................21 Business Inventory Exemption......................................................... 22 UnitaryProperty.........................................................................22 Limitation on Tax Revenues............................................................23 Article XIIIB of the State Constitution...............................................23 Low and Moderate Income Housing..................................................24 000086 iii Page No. Taxing Entity Cooperation Agreements..............................................25 THE REDEVELOPMENT AGENCY..............................................26 Authority and Personnel................................................................26 Powers.....................................................................................27 THE LA QUINTA REDEVELOPMENT PROJECT AREA #2...............29 Background...............................................................................29 Location and Surrounding Area........................................................29 Financial Statements.....................................................................29 Control, Land Use and Building Restrictions........................................29 Overlapping Bonded Indebtedness.....................................................31 Major Property Taxpayers..............................................................32 Existing and Proposed Project Development.........................................32 TAX REVENUES AND ANNUAL DEBT SERVICE ........................... 35 Projections of Tax Revenues........................................................... 35 Property Tax Increment.................................................................35 Annual Debt Service and Projected Debt Service Coverage...............................................................37 CONCLUDING INFORMATION...................................................39 Insurance and Ratings...................................................................39 LegalOpinion............................................................................39 TaxExempt Status.......................................................................39 NoLitigation.............................................................................40 Covenants of the Agency Regarding Arbitrage and Rebate ........................40 Consent of Independent Public Accountants.........................................40 Underwriting.............................................................................41 Other Information........................................................................41 Miscellaneous............................................................................. 41 APPENDICES APPENDIX A: Redevelopment Consultant's Report ........................ A APPENDIX B: Information Regarding the City of La Quinta and Riverside County..................................B APPENDIX C: City and Agency Audited Financial Statements........... C APPENDIX D: City and Agency Summary of Annual Budgets ........... D APPENDIX E: Summary of Certain Provisions of the Indenture .......... E APPENDIX F: Book Entry Only System........................................F APPENDIX G: Insurance Policy Specimen ..................................... G APPENDIX H: Form of Bond Counsel Opinion .............................. H TABLES Table No. Page No. 1 Sources & Uses of Funds................................................................ 8 2 Debt Service Schedule................................................................... 9 3 Twenty Largest Taxpayers..............................................................32 4 Historical Incremental Taxable Value.................................................36 Available for Debt Service on 1991 Bonds.........................................38 iv 000087 (insert map) RDA Boundary Map -900088 OFFICIAL STATEMENT RELATING TO THE LA QUINTA REDEVELOPMENT AGENCY La Quinta Redevelopment Project Area #2 1992 TAX ALLOCATION BONDS This Introductory Statement is not a summary of this Official Statement. It is only a brief description of, and guide to, and is qualified by more complete and detailed information contained in this Official Statement, including the cover page and appendices hereto and the documents summarized or described herein. A complete review should be made of the entire Official Statement. The offering of the 1992 La Quinta Redevelopment Agency Tax Allocation Bonds is made only by means of the entire Official Statement. This Official Statement, including the cover page and Appendices hereto (the "Official Statement"), is provided to furnish information regarding the issuance by the La Quinta Redevelopment Agency (the "Agency") of $ aggregate principal amount of 1992 La Quinta Redevelopment Agency Tax Allocation Bonds (the "Bonds"). The proceeds of the Bonds will be used to: (i) finance a portion of the cost of implementing the Agency's Redevelopment Plan (the "Plan"); (ii) make a deposit to the Reserve Account (as herein defined); (iii) make an initial deposit to the Escrow Fund (as herein defined) and (iv) pay costs of issuance on the Bonds. The Bonds are being issued under the authority granted to the Agency by the Constitution and the laws of the State of California (the "State"), including the California Community Redevelopment Law (codified in Part 1, Division 24 commencing with Section 33000 of the Health and Safety Code of the State) (the "Law"). The Bonds are being issued pursuant to a Trust Indenture by and between the Agency and First Interstate Bank Ltd., Los Angeles, California, as Trustee (the "Trustee") which was adopted by the Agency on September 15, 1992 (the "Indenture"), copies of which are on file with the secretary of the Agency. Under certain circumstances, the Indenture permits the issuance of additional series of bonds payable from and secured by a lien and charge upon Pledged Tax Revenues (as defined herein) equal to the lien and charge securing the Bonds. The $ aggregate principal amount of Bonds represents a portion of the Agency's original bond authorization of $100,000,000 for the La Quinta Redevelopment Project Area #2 (the "Project Area"). To date, no other Bonds have been issued by Project Area #2. The Pledged Tax Revenues providing the primary security for the Bonds include a portion of the ad valorem property taxes levied on behalf of the Agency upon the incremental assessed valuation of taxable property contained in the Project Area over and above the base year (1988/89) assessed valuation of such property. Subject to certain exceptions described in the Indenture, all of the Pledged Tax Revenues and all money in the Special Fund are irrevocably pledged to the punctual payment of the interest on, principal of and redemption premiums, if any, on the Bonds. Such pledge constitutes a first lien on the Pledged Tax Revenues and such other money for the payment of the Bonds in accordance with their terms. All Pledged Tax Revenues received by the Agency during any Bond Year (as defined herein) in excess of the amount required to be deposited in the Special Fund during such Bond Year, shall be released from the pledge and lien of the Indenture. The Agency and the Project The Agency was activated on July 5, 1983 by Ordinance No. 34 adopted by the City Council (the "City Council") of the City of La Quinta (the "City") pursuant to the Law. The City Council at the same time declared itself to be the Agency and appointed the City Manager to serve as the Executive Director. The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at 78-105 Calle Estado, La Quinta, California 92253. The La Quinta Redevelopment Project (the "Project") was formally created with the adoption of a redevelopment plan for the Project (the "Plan") by Ordinance No. 139 adopted by the City Council on May 16, 1989. The Project Area encompasses approximately 4.87 square miles, which includes approximately 17 % of the area of the City. Tax Allocation Financing The Law provides a means for financing redevelopment projects based upon an allocation of taxes collected within a project area. The taxable valuation of a project area last equalized prior to adoption of the redevelopment plan, or base roll, is established and, except for any period during which the taxable valuation drops below the base year level, the taxing agencies thereafter receive the taxes produced by the levy of the then -current tax rate upon the base roll. Taxes collected upon any increase in taxable valuation over the base roll are allocated to a redevelopment agency and may be pledged by a redevelopment agency to the repayment of any indebtedness incurred in financing or refinancing a redevelopment project. Redevelopment agencies themselves have no authority to levy property taxes and must look specifically to the allocation of taxes produced as above indicated. The Agency has pledged to the repayment of the Bonds all Tax Revenues annually allocated to the Agency with respect to the Project Area following the date of issuance and delivery of the Bonds pursuant to Article 6 of Chapter 6 (commencing with Section 33670) of the Law and Section 16 of Article XVI of the Constitution of the State or pursuant to other applicable laws, and as provided in the Plan, including, without limitation, all governmental payments, reimbursements and subventions, if any, specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations, but excluding amounts of any Tax Revenues required to be: (i) deposited into the Low and Moderate Income Housing fund of the Agency established pursuant to Sections 33334.3 or 33334.6 of the Law (see "LIIVIITATIONS ON TAX REVENUES -- Low and Moderate Income Housing" herein); and (ii) shared with other taxing agencies pursuant to pass through agreements (see "LEWTATIONS ON TAX REVENUES - The Pass -Through Agreements" herein). Any future decrease in the taxable valuation in the Project Area or in the applicable tax rates will reduce the Tax Revenues (as more particularly described under the caption "SECURITY FOR THE BONDS - Pledged Tax Revenues") allocated to the Agency from the Project Area and correspondingly would have an adverse impact on the ability of the Agency to pay debt service on the Bonds. See "SPECIAL INVESTMENT CONSIDERATIONS" herein. I General The Bonds are issued in the aggregate principal amount of $ and are dated .October 1. 1992 _ at the rates per annum set forth on the cover page hereof, payable semiannually on April 1 and October 1 of each year (each, an "Interest Payment Date"), commencing April 1, 1993, and will mature on October 1 in each of the designated years in the principal amounts set forth on the cover page hereof. The Bonds will be issued as fully registered Bonds in denominations of $5,000 or any integral multiple thereof. Each fully registered Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless: i) it is authenticated as of an Interest Payment Date, in which event it shall bear interest from that Interest Payment Date; ii) it is authenticated after a Regular Record Date and before the following Interest Payment Date, and if the Agency shall not be in default in the payments of interest due on such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or; iii) it is authenticated prior to March 16, 1993, in which event it shall bear interest from October 1, 1992. The Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by the Trustee (out of the appropriate funds) by check mailed by first class mail, postage prepaid, on the Interest Payment Date to the registered owner as his/her name and address appears on the register kept by the Trustee at the close of business on the Regular Record Date preceding the Interest Payment Date or, upon request in writing made before the Regular Record Date preceding the Interest Payment Date by a Bondowner of $1,000,000 or more in principal amount of Bonds, payment shall be made on the Interest Payment Date by wire transfer in immediately available funds to an account designated by such Bondowner. The Bonds shall be payable upon presentation at the corporate trust office of the Trustee in Los Angeles, California. Form and Ownership of the Bonds The Bonds have been prepared as fully registered Bonds and are registered in the name of Cede & Co., as nominee of DTC. DTC will act as securities depository of the Bonds. Beneficial Owners will not receive certificates representing their Bonds purchased except in the event the Trustee issues Replacement Bonds (as herein defined). So long as Cede & Co. is the registered owner of the Bonds, as nominee of DTC, references herein to the Owners will mean Cede & Co., as the "Owner", and will not mean the Beneficial Owners of the Bonds. Individual ppurchases of the Bonds will be made in book -entry form only, in the principal amount of $5,000 or any integral multiple thereof. Principal and interest are payable directly to DTC by the Trustee. Upon receipt of payments of principal and interest, DTC will in turn remit such principal and interest to the DTC Participants (as such term is herein defined) for subsequent disbursement to the Beneficial Owners of the Bonds. See "APPENDIX D" - Book Entry System" herein. Replacement Bonds Should the Agency determine that: (i) DTC is unable to properly discharge its responsibilities or (ii) DTC is no longer qualified to act as a securities depository and registered clearing agency under the Securities and Exchange Act of 1934, as amended, or (iii) the continuation of a book -entry system to the exclusion of any Bonds being issued to and Owner other than Cede & Co. is no longer in the best interests of the Beneficial Owners of the 3 000091 Bonds or (iv) if the Trustee receives written notifications from Participants having interests in not less than fifty percent (50 %) of the Outstanding Bonds, as shown on the records of the DTC that the continuation of a book -entry system to the exclusion of any Bonds being issued to any Owner other than Cede & Co. is no longer in the best interests of the Beneficial Owners of the Bonds, then the Trustee will notify the Owners of such determination or such notice and of the availability of certificates to such Owners requesting the same, and the Trustee shall authenticate and deliver Bonds to the Beneficial Owners or their nominees in principal amounts representing the interest of each ("Replacement Bonds"), making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for redemption. In such event, all references to DTC herein shall relate to the period of time when DTC has possession of at least one certificate. Upon the issuance of Replacement Bonds, all references herein to obligations imposed upon or to be performed by DTC will be deemed to be imposed upon and performed by the Trustee, to the extent applicable with respect to such Replacement Bonds. If DTC resigns and the Authority, the Trustee or the Beneficial Owners are unable to locate a qualified successor of the Securities Depository in accordance with the Indenture, then the Trustee will authenticate and cause delivery of Replacement Bonds to the DTC Participants for the benefit of the Beneficial Owners, as provided herein. IN THE EVENT OF ISSUANCE OF REPLACEMENT BONDS, THE NEXT THREE (3) SUCCEEDING SECTIONS WILL BE APPLICABLE. (1) Transfer and Registration of Bonds The Bonds may be transferred or exchanged and title thereto will pass only in the manner provided herein. All Bonds presented for transfer or exchange will be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Trustee duly executed by the Owner or by his attorney duly authorized in writing and all such Bonds will be surrendered to the Trustee and canceled by the Trustee pursuant to the Indenture. The Agency and the Trustee may deem and treat the Owner of any Bond as the absolute owner of such Bond for the purpose of receiving any payment on such Bond and for all other purposes of the Indenture, whether such Bond is overdue or not, and neither the Agency nor the Trustee will be affected by any notice to the contrary. Payment of, or on account of, the principal of and redemption premium, if any, on and interest on any Bond shall be made to such Owner or upon his written order. All such payments will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (2) Exchanges or Transfers of Bonds In all cases in which the privilege of exchanging or registering the transfer of Bonds is exercised, the Agency will execute and the Trustee will authenticate and deliver Bonds in accordance with the provisions of the Indenture. There will be no charge to the Owner for any such exchange or registration or transfer of Bonds, but the Trustee and the Securities Depository may require the payment of a sum sufficient to pay any tax or other governmental charge required to be paid with respect to any such exchange or registration of transfer. Neither the Agency nor the Trustee will be required to register the transfer of or exchange of any Bond on or after the fifteenth (15th) Business Day immediately preceding the date on which the notice of redemption is scheduled to be mailed and ending on the date scheduled for redemption or any Bond selected for redemption. Upon surrender for exchange or transfer of any Bond at the Office of the Trustee, the Agency will execute (which may be by facsimile) and the Trustee will authenticate and deliver in the name of the Owner (in the case of transfers) a new Bond or Bonds in Authorized 09 4 000Z Denominations, in the aggregate principal amount which the registered Owner is entitled to receive. New Bonds delivered upon any transfer or exchange will be valid obligations of the Agency, evidencing the same debt as the Bonds surrendered, will be secured by the Indenture and will be entitled to all of the security and benefits thereof to the same extent as the Bonds surrendered. (3) Bonds Mutilated, Lost, Destroyed or Stolen Application for exchange and substitution of mutilated, lost, stolen or destroyed Bonds will be made to the Trustee at the Office of the Trustee. If any Bond becomes mutilated, the Agency, at the expense of the Owner of said Bond, will execute, and the Trustee will thereupon authenticate and deliver, a new Bond of like tenor in exchange and substitution for the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee will be canceled by it and delivered to, or held by the Trustee upon the order of, the Agency. If any Bond is lost, destroyed or stolen, evidence of such lost, destruction or theft may be submitted to the Agency and the Trustee and, if such evidence is satisfactory to them and indemnity satisfactory to them is given, the Agency, at the expense of the Owner, will execute, and the Trustee will thereupon authenticate and deliver, a new Bond of like tenor in lieu of and in replacement for the Bond so mutilated, lost, destroyed or stolen (or if any such Bond shall have matured or shall have been called for redemption, instead of issuing a new Bond the Trustee may pay the same without surrender thereof upon receipt of the aforementioned indemnity). The Agency may require payment by the Owner of a sum not exceeding the actual cost of preparing each new Bond issued as a replacement and of the expenses which may be incurred by the Agency and the Trustee. Any Bond issued as a replacement in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Agency whether or not the Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and will be entitled to the benefits of the Indenture with all other Bonds secured by the Indenture. Current Agency Bonding Capacity Based on estimates of available Pledged Tax Revenues, Bond proceeds available for construction in the amount of approximately $ will be immediately allocated toward the Project. See "APPENDIX A - Redevelopment Consultant's Report". The amount of $ will be placed into the Escrow Fund until such time as Pledged Tax Revenues are sufficient to provide required debt service coverage of —% or until April 1, 1995, at which time the Escrowed Funds will be used to redeem Bonds without premium. The balance of Bond proceeds will be used to pay the costs of issuance and to fund the Bond Reserve Account (as hereafter defined). Optional Redemption Bonds maturing on or before October 1. 1999 shall not be subject to optional redemption prior to maturity. The Bonds maturing on or after October 1. Q may be called before maturity and redeemed at the option of the Agency, i whole or in part from the proceeds of refunding Bonds or any other available funds on October 1 1999 or any Interest Payment Date thereafter, prior to maturity, in inverse order ot maturity and by lot within any maturity. Bonds called for redemption shall be redeemed at the redemption prices (expressed as a percentage of the principal amount of Bonds to be redeemed) plus accrued interest to the redemption date as shown in the following table: 000093 Redemption Prices Redemption Date Redemption Prices October 1, 1999 and April 1, 2000 102.0% October 1, 2000 and April 1, 2001 101.0 % October 1, 2001 and thereafter 100.0% Sinking Fund Redemption The term Bonds maturing on October 1, 2017 shall also be subject to mandatory sinking fund redemption, in part, by lot, on October 1, 2013 and on each October 1 thereafter to and including October 1, 2017 from sinking fund installments, at the principal amount of such Bonds to be prepaid, without premium, plus accrued but unpaid interest. The principal amount of such Bonds to be so prepaid and the dates therefore are indicated on the following table: October 1 of the Year 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 (Final Maturity) Purchase of Bonds Principal Amount In lieu of redemption or otherwise, the Agency is authorized to purchase Bonds on the open market at any time and the Trustee will, upon written direction of the Agency, settle these purchases from moneys deposited by the Agency with the Trustee at a price not to exceed the principal amount of Bonds plus the applicable premium and accrued interest, if any, to the date of purchase plus brokerage fees, if any. Notice of Redemption. Notice of redemption prior to maturity shall be given by first class mail, postage prepaid to the registered owner of each Bond at the address shown on the registration books of the Trustee, and to the original purchaser(s) of the Bonds not less than thirty (30) nor more than sixty (60) days prior to the redemption date. Neither failure to receive such notice nor any defect in any notice mailed shall affect the sufficiency of the proceedings for the redemption of any Bonds. The notice of redemption shall (a) state the redemption date; (b) state the redemption price; (c) state the numbers of the Bonds to be redeemed; provided, 6 000094 however, that whenever any call for redemption includes all of the Outstanding Bonds, the numbers of the Bonds need not be stated; (d) state, as to any Bonds redeemed in part only, the Bond numbers and the principal portion thereof to be redeemed; (e) state that interest on the principal portion of the Bonds designated for redemption shall cease to accrue from and after the redemption date and that on the redemption date there shall become due and payable on each of such Bonds the redemption price thereof; and (f) state that the redemption of the Bonds is subject to there being on deposit with the Trustee at the time of such redemption, moneys sufficient to redeem the portion of the Bonds as set forth in the Notice of Redemption. No Notice of Redemption shall be mailed pursuant to the Indenture until such time as there is on deposit moneys sufficient to redeem that portion of the Bonds as set forth in the Notice of Redemption. Following the mailing of the Notice of Redemption, the moneys to be used for such redemption shall be invested only in Government Obligations maturing as needed. The actual receipt by the Bondowner or notice of redemption shall not be a condition precedent to redemption, and failure to receive such notice shall not affect the validity of the proceedings for the redemption of the Bonds or the cessation of interest on the redemption date. Notice of redemption of Bonds shall be given by the Trustee on behalf of the Agency and at the request and expense of the Agency. A certificate by the Trustee that notice of redemption has been given in accordance with the Indenture shall be conclusive as against all parties, and no Bondowner whose bond is called for redemption may object to the redemption or any cessation of interest on the redemption date by claiming or showing that it failed to receive actual notice of call and redemption. Partial Redemption Upon surrender of any Bond redeemed in part only, the Agency shall execute and the Trustee shall authenticate and deliver to the Owner, at the expense of the Agency, a new Bond or Bonds of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered of the same interest rate and same maturity. A partial redemption shall be valid upon payment of the amount required to be paid to the registered owner, and the Agency and the Trustee shall be released and discharged from all liability to the extent of such payment. Mandatory Redemption The Bonds are subject to mandatory redemption in part without premium onApril 1. 1996 from moneys remaining in the Escrow Fund on October 1, 1995. Moneys remaining in the Escrow Fund after October 1 1995 and the earnings thereon will be used to redeem outstanding Bonds pro -rats m inverse order of maturity and by lot within each maturity (one Bond from each maturity) until all remaining Escrowed Funds are expended for redemption of the Bonds. Redemption from Unexpended Proceeds Upon delivery of Bond proceeds, $ will be deposited to the Escrow Fund created under the Indenture. Funds shall be withdrawn from the Escrow Fund and applied toward costs of the Project upon satisfaction of the earnings test described in the section entitled. "SECURITY FOR THE BONDS - The Escrow Fund". Based on the projections contained in the Redevelopment Consultant's Report in "APPENDIX A - Redevelopment 000095 7 Consultant's Report", the Agency expects to withdraw and spend all amounts from the Escrow Fund by April 1, 199 . However, if the receipt of Tax Revenues is substantially less than projected, it is possible the Agency would be unable to withdraw all amounts from the Escrow Fund. In such event, unexpended proceeds remaining in the Escrow Fund as of , 19 would be used to redeem a portion of the Bonds on 199_ in accordance with the optional redemption terms summarized above. Estimated Disposition of Proceeds The proceeds of the Bonds will be used as set forth in the following table: La Quinta Redevelopment Agency 1992 Tax Allocation Bonds Estimated Sources and Uses of Funds Estimated Sources: Principal Amount of the Bonds Total Estimated Sources: Estimated Uses: Deposit to Redevelopment Fund Deposit to Escrow Fund Reserve Account Surety Bond' Underwriter's Discount Costs of Issuance Total Estimated Uses: 1. Equal to the Reserve Requirement. I I S Debt Service Schedule The following is the debt service schedule for the Bonds, assuming no redemptions prior to the respective maturities and includes mandatory sinking fund redemptions. Year Ending Principal Payments Interest Total October 1 Serial Term Payments Debt Service 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 n Totals 000097 The Bonds are not a debt of the City, the State or any of its political subdivisions other than the Agency, and neither the City, the State or any of its political subdivisions, other than the Agency, is liable therefor. The principal of, premium, if any, and interest on the Bonds are payable solely from the Pledged Tax Revenues,knd from amounts on deposit in the Special Fund and the accounts therein (exclusive of the Excess Investment Earnings Fund). The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limit or restriction. Tax Allocation Financing The Law provides a means for financing redevelopment projects based upon an allocation of taxes collected within a project area. The taxable valuation of a project area last equalized prior to adoption of the redevelopment plan, or base roll, is established and, except for any period during which the taxable valuation drops below the base year level, the taxing agencies thereafter receive the taxes produced by the levy of the then -current tax rate upon the base roll. Taxes collected upon any increase in taxable valuation over the base roll are allocated to a redevelopment agency and may be pledged by a redevelopment agency to the repayment of any indebtedness incurred in financing or refinancing a redevelopment project. Redevelopment agencies themselves have no authority to levy property taxes and must look specifically to the allocation of taxes produced as above indicated. Allocation of Taxes As provided in the Plan, pursuant to Article 6 of Chapter 6 of the Community Redevelopment Law and Section 16 of Article XVI of the Constitution of the State of California, taxes levied upon taxable property in the Project Area each year by or for the benefit of the State of California and any city, county, district or other public corporation (herein collectively referred to as "taxing agencies") after the effective date of the Ordinance approving the Redevelopment Plan, shall be divided as follows: 1. To taxing agencies: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency last equalized prior to December 29, 1983, shall be allocated to, and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid; and 2. To the Agency: That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected, paid to the Agency. The Agency is required by law to deposit a portion of such taxes into the Agency's Low and Moderate Income Housing Fund and pursuant to certain agreements to pay a portion of such taxes to certain taxing agencies. All such taxes remaining after such deposit and payment will be paid into the Special Fund. 10 ARevenues The Indenture defines "Tax Revenues" to mean that portion of taxes levied upon taxable property in the Project Area and received by the Agency on or after the date of issue of the Bonds for the Project Area of the Agency pursuant to Article 6 of Chapter 6 of the Law and Section 16 of Article XVI of the Constitution of the State, or pursuant to other applicable State laws, and as provided in the Redevelopment Plan, and (to the extent permitted by law) all payments, subventions and reimbursements, if any, to the Agency specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations, all as more particularly put forth in the Indenture. All Tax Revenues received by the Agency, other than Tax Revenues required by law to be deposited in the Agency's Low and Moderate Income Housing Fund and pursuant to certain agreements paid to certain taxing agencies (the "Pledged Tax Revenues"), are required to be deposited in the Special Fund. "Revenues" as defined in Redevelopment Consultant to the Agency) for a description of certain amounts payable by the Agency to other taxing entities. The Agency has no power to levy and collect property taxes, and any property tax limitation, legislative measure, voter initiative or provisions of additional sources of income to taxing agencies having the effect of reducing the property tax rate, could reduce the amount of Pledged Tax Revenues that would otherwise be available to pay the principal of, and interest on, the Bonds. Likewise, broadened exemptions could have a similar effect. See "SPECIAL INVESTMENT CONSIDERATIONS" and "LDMATIONS ON TAX REVENUES" herein. THE BONDS ARE NOT A DEBT OF THE CITY, THE STATE, OR ANY OF ITS POLITICAL SUBDIVISIONS OTHER THAN THE AGENCY, AND NEITHER THE CITY OF LA QUINTA, THE STATE OF CALIFORNIA, OR ANY OF ITS POLITICAL SUBDIVISIONS OTHER THAN THE AGENCY IS LIABLE THEREON. THE AGENCY HAS NO TAXING POWER. THE PRINCIPAL OF AND THE INTEREST ON THE BONDS ARE PAYABLE SOLELY FROM REVENUES. Debt Service Reserve Fund General. In order to further secure the payment of principal of and interest on the Bonds, the Agency is required upon delivery of the Bonds, to deposit the Debt Service Reserve Fund Surety Bond in an amount which will at least equal the lesser of ten percent (10%) of the original proceeds of the sale of the Bonds or an amount equal to the Maximum Annual Debt Service on the Bonds (the "Reserve Requirement"), into the Debt Service Reserve fund established pursuant to the Indenture. If at any time for any reason the amount in the Debt Service Reserve Fund is less than an amount equal to the Reserve Requirement, the Reserve Requirement for such Debt Service Reserve Fund must be restored by transfer to the Debt Service Reserve Fund from the Special Fund of the first monies deposited in such Special Fund for such purpose. Debt Service Reserve Fund Surety Bond. Application has been made to the Municipal Bond Investors Assurance Corporation (the "Insurer") for a commitment to issue a surety bond (the "Reserve Account Surety Bond"). The Reserve Account Surety Bond will provide that 11 000099 upon notice from the Trustee to the Insurer to the effect that insufficient amounts are on deposit in the Special Fund to pay the principal of (at maturity or pursuant to mandatory redemption requirements) and interest on the Bonds, the Insurer will promptly deposit with the Trustee an amount sufficient to pay the principal of and interest on the Bonds or the available amount of the Reserve Account Surety Bond, whichever is less. Upon the later of: (i) three days after receipt by the Insurer of a Demand for Payment in the form attached to the Reserve Account Surety Bond, duly executed by the Trustee; or (ii) the payment date of the Obligations as specified in the Demand for Payment presented by the Trustee to the Insurer, the Insurer will make a deposit of funds in an account with Citibank, N.A., in New York, New York, or its successor, sufficient for the payment to the Trustee, of amounts which are then due to the Trustee (as specified in the Demand for Payment) subject to the Reserve Account Surety Bond Coverage. The available amount of the Reserve Account Surety Bond is the initial face amount of the Reserve Account Surety Bond less the amount of any previous deposits by the Insurer with the Trustee which have not been reimbursed by the Agency. The Agency and the Insurer have entered into a Financial Guaranty Agreement dated , 1992 (the "Agreement"). Pursuant to the Agreement, the Agency is required to reimburse the Insurer, within one year any deposit, the amount of such deposit made by the Insurer with the Trustee under the Reserve Account Surety Bond. Such Reimbursement shall be made only after all required deposits to the Special Fund have been made. Under the terms of the Agreement, the Trustee is required to reimburse the Insurer, with interest, until the face amount of the Reserve Account Surety Bond is reinstated before any deposit is made to the Surplus Account. No optional redemption of Bonds may be made until the Insurer's Reserve Account Surety Bond is reinstated. The Reserve Account Surety Bond will be held by the Trustee in the Reserve Account and is provided as an alternative to the Agency depositing funds equal to the Reserve Requirement for outstanding Bonds. The Reserve Account Surety Bond will be issued in the face amount equal to the Maximum Annual Debt Service for the Bonds, will be non -cancellable and the premium therefore will be fully paid by the Agency at the time of delivery of the Bonds. The Escrow Fund At closing, the Pledged Tax Revenues ^will be less than 110 % of Maximum Annual Debt Service on the Bonds. Due to existing codditions in the Project Area, including existing and projected commercial development, the Redevelopment Consultant anticipates that by 19 the Pledged Tax Revenues will be at least equal to _% of the Maximum Ann ual Debt Service on the Bonds. See "HISTORICAL AND ESTIMATED TAX REVENUES - Debt Service and Estimated Coverage" herein. To provide additional security for the Bonds, the Trustee will deposit $ of Bond proceeds in an Escrow Fund established pursuant to the Indenture. Amounts on deposit in the Escrow Fund will either be released to the Agency as set forth in the following paragraph to be used for any purposes permitted under the Redevelopment Law or will be used to redeem Bonds on 19_. The moneys set aside in the Escrow Fund shall be transferred to the Redevelopment Fund from time to time on or after , 19_ upon receipt by the Trustee of a certificate or opinion of an Independent Financial Consultant (as defined in the Indenture) that Pledged Tax RevenuesAduring such Fiscal Year, based upon the most recent assessed valuation of taxable property in'the Project Area, furnished by the appropriate officer of the County, plus the amount of the Additional Allowance (as defined in the Indenture), will be at least equal to _ times the Maximum Annual Debt Service on the Bonds less the Maximum Annual 12 000100 Debt Service on the Aggregate principal amount of that portion of the Bonds equal to the amount which will remain in the Escrow Fund immediately following any such transfer. Any monies remaining in the Escrow Fund on , 19 shall be transferred to the Redemption Fund on or prior to , 19_. See "THE BONDS - Redemption from Unexpended Proceeds", herein. Subordinate Obligations The Agency has incurred certain obligations payable to the County and certain other taxing agencies in the County. The obligations are payable from Tax Revenues but are subordinate to the Bonds. In Fiscal Year 1991/92, estimated pass -through payments to various taxing agencies amounted to $ See Table A-1 in "APPENDIX A - Redevelopment Consultant's Report". 000101. 13 The Project Area encompasses an area of approximately 4.87 square miles. The net proceeds of the Bonds will be used to finance a portion of the cost of implementing the Agency's Redevelopment Plan. The Project Area will consist of an approximate 60 acre shopping center located at the intersection of Highway 111 and Washington Street. The center will have approximately 620,000 square feet of retail space with plans of a diverse tenant mix with a projected opening date of December 1992. There are three phases to the Project Area with Phase I consisting of approximately 134,000 square feet of shops which have been leased and include Wal-Mart, PharMor Drug and Albertson's. The estimate for completion of Phase I is December 1992. Phase II of the project includes approximately 31,000 square feet of retail space and is expected to commence construction in September 1992 and complete by May 1993. This phase includes theaters, shops, and majors. Phase III includes approximately 134,300 square feet of retail space and is expected to commence construction in December 1992 and complete in August 1993. The infrastructure improvements resulting from this development include: storm channel improvements; regional wellsite; on and off site water system; on and off site sewer system; street and highway improvements; traffic signals; perimeter landscaping and undergrounding of power, telephone and cable system for utilities. F 14 000102 The material in this section is presented for informational purposes only. The following discussion of special investment considerations is not meant to be an exhaustive list of the risks associated with the purchase of Bonds and does not necessarily reflect the relative importance of the various risks. Reduction in Taxable Value Tax Revenues allocated to the Agency are determined by the amount of incremental taxable value in the redevelopment project area and the current rate or rates at which property in the Project Area is taxed. The reduction of taxable values of property in the project area caused by economic factors beyond the Agency's control, such as relocation out of the Project Area by one or more major property owners, or the complete or partial destruction of such property caused by, among other eventualities, an earthquake or other natural disaster, could cause a reduction in the Tax Revenues;Ksuch reduction of Tax Revenues could have an adverse effect on the Agency's ability to make timely payments of principal of and interest on the Bonds secured by Pledged Tax Revenues. See "Major Property Taxpayers" for a description of the major property taxpayers within the Project Area. Future Land Use Regulations and Growth Control Initiatives During the past several years, citizens of a number of local communities in Southern California have placed measures on the ballot designed to limit the issuance of building permits or impose other restrictions to control the rate of future growth in those areas, including a measure defeated by voters in the County in 1988. It is possible that future initiatives could be enacted, could be applicable to the City and have a negative impact on the ability of developers in the Project Area to complete the any existing or proposed development. Bondowners should assume that any event that significantly affects the ability to develop land in the City could cause the land values within the Project Area to decrease substantially and could affect the willingness and ability of the owners of land within the Project Area to pay property taxes when due. There can be no assurance that land development within the City will not be adversely affected by future governmental policies, including but not limited to, governmental policies to restrict or control development. Under current California law, it is generally accepted that proposed development is not exempt from future land use regulations until building permits have been issued and substantial work has been performed and substantial liabilities have been incurred in good faith reliance on the permits prior to the adoption of such regulations. Reduction in Inflationary Rate As described in greater detail below, Article XMA of the California Constitution provides that the full cash value of real property used in determining taxable value may be adjusted from year to year to reflect the inflationary rate, not to exceed a two percent increase for any given year, or may be reduced to reflect a reduction in the consumer price index or comparable local data. Such measure is computed on a calendar year basis. See "L MTATIONS ON TAX REVENUES AND POSSIBLE SPENDING LMTATIONS" herein. 000103 15 Levy and Collection The Agency has no independent power to levy and collect property taxes. Any reduction in the tax rate or the implementation of any constitutional or legislative property tax decrease could reduce the Tax Revenues, and accordingly, could have an adverse impact on the ability of the Agency to pay debt service on the Bonds secured by Pledged Tax Revenues. Likewise, delinquencies in the payment of property taxes could have an adverse effect on the Agency's ability to make timely debt service payments, although it is current policy of the County of Riverside to allocate Tax Revenues based upon 100 % of the incremental taxable value of property subject to such tax regardless of delinquencies. However, there is no assurance the County will continue such policy. Property Held By FDIC/RTC The ability of the Agency to collect interest and penalties specified by state law and to foreclose the lien of delinquent taxes may be limited in certain respects with regard to properties in which the Federal Deposit Insurance Corporation (the "FDIC") or the Resolution Trust Company (the "RTC") has or obtains an interest. On June 4, 1991, the RTC issued a Statement of Policy Regarding the Payment of State and Local Real Property Taxes (the "Policy Statement"). (The FDIC had previously joined with the RTC in a July 12, 1990 joint statement of policy addressing the same subject.) The Policy Statement applies to the RTC when it is liquidating assets in its corporate and receivership capacities. The Policy Statement provides that the RTC intends to pay its proper tax obligations when they come due and to pay claims for delinquencies as promptly as is consistent with sound business practice and the orderly administration of the institution's affairs. It may decline to pay property tax claims in situations where abandonment of its interest in the property is appropriate. The Policy Statement also provides that real property owned by the RTC is subject to state and local real property taxes if those taxes are assessed according to the property's value, but that the RTC is immune from real property taxes assessed on other bases. The Policy Statement further provides that: If any property taxes (including interest) on [RTC] owned property are secured by a valid lien (in effect before the property became owned by the [RTC]), the [RTC] will pay those claims. With respect to property not owned by the [RTC], but in which the [RTC] has a lien interest, and [sic] property taxes (including interest) secured by a valid lien with priority owner the [RTC's] lien interest will be paid. However, if abandonment of its interest in the property is appropriate, the [RTC] may elect not to pay such claims. The Policy Statement provides that, with respect to parcels on which the RTC holds a mortgage lien, it will not permit its lien to be foreclosed out by a taxing authority without its specific consent and that it will not pay or recognize liens for any penalties, fines or similar claims imposed for the nonpayment of taxes, whether arising before or after acquisition of the parcel in question, nor will it pay attorneys' costs incurred by a taxing authority or other person in pursuing a tax claim. The Agency is unable to predict what effect the application of the Policy Statement would have in the event of a delinquency on a parcel within the Project Area in which the FDIC or RTC has or obtains a interest, although prohibiting the lien of the FDIC or RTC to be foreclosed out at a judicial foreclosure sale would likely reduce or eliminate the persons willing to purchase a parcel at a foreclosure sale. Such an outcome could cause a draw on the Reserve Fund and perhaps, ultimately, a default in payment on the Bonds_ However. the 000104 16 Loss of Tax Exemption In order to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds, the Agency has covenanted in the Indenture to comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended. The interest due on the Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of acts or omissions of the Agency in violation of this and other covenants in the Indenture. Should such an event of taxability occur, the Bonds are not subject to redemption and will remain outstanding until maturity or until redeemed under one of the redemption provisions contained in the Indenture. See "CONCLUDING INFORMATION - Tax Exempt Status" herein. Trustee's Right to Indemnification Under portions of the Indenture, the Trustee is under no obligation to institute any suit, action, or proceeding which any Owner shall have the right to bring to enforce any right or remedy of the Owners under the Indenture at the request, order or direction of any Owners or otherwise until it is indemnified to its satisfaction against any and all reasonable costs and expenses, outlays and counsel fees and other disbursements, and against all liability not due to its negligence or willful default. Enforceability of Remedies The remedies available to the Trustee, or the Owners upon an event of default under the Indenture are in many respects dependent upon judicial actions, which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including specifically Title 11 of the United States Code (the federal bankruptcy code) and relevant banking and insurance law, the remedies provided in the Indenture may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Bonds will be qualified as to the enforceability of the various legal instruments by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors generally. 000105 17 Article X 011 A of the State Constitution Section 1 (a) of Article XIII A of the State Constitution limits the maximum ad valorem tax on real property to 1 % of full cash value (as defined in Section 2 of Article XIII A), to be collected by counties and apportioned according to law. Section 1 (b) of Article XIII A provides that the 1 % limitation does not apply to ad valorem taxes to pay interest or redemption charges on (1) indebtedness approved by the voters prior to July 1, 1978 or (2) any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast be the voters voting on the proposition. Section 2 of Article )M A defines "full cash value" to mean "the county assessor's valuation of real property as shown on the 1975/76 tax bill under full cash value or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment." The full cash value may be adjusted annually to reflect inflation at a rate not to exceed 2 % per year, or to reflect a reduction in the consumer price index or comparable data for the area under taxing jurisdiction or reduced in the event of declining property value caused by substantial damage, destruction or other factors. Legislation enacted by the State Legislature to implement Article XIII A provides that notwithstanding any other law, local agencies may not levy any ad valorem property tax except to pay debt service on indebtedness approved by the voters as described above. In the general elections of 1986, 1988 and 1990, the voters of the State approved various measures which further amended Article XIII A. One such amendment generally provides that the purchase or transfer of (i) real property between spouses or (ii) the principal residence and the first $1,000,000 of the full cash value of other real property between parents and children, do not constitute a "purchase" or "change of ownership" triggering reassessment under Article )M A. This amendment has reduced the property tax revenues of the County, and, subsequently, the Agency. Other amendments permitted the State Legislature to allow persons over 55 who sell their residence's assessed value to the new residence, and permitted the State Legislature to authorize each county under certain circumstances to adopt an ordinance making such transfers of assessed value applicable to an ordinance making such transfer of assessed value applicable to situations in which the replacement dwelling purchased or constructed after November 8, 1988, is within the county and the original property is located in another county within California. In the June 1990 election, the voters approved additional amendments to Article XIII A permitting the State Legislature to extend the replacement dwelling provisions applicable to persons over 55 to severely disabled homeowners for a replacement dwelling purchased or newly constructed on or after June 5, 1990, and to exclude from the definition of "new construction" triggering reassessment improvements to certain dwellings for the purpose of making the dwelling more accessible to severely disabled persons. In the November 1990 election, the voters approved the amendment of Article XIII A to permit the State Legislature to exclude from the defmition of "new construction" seismic retrofitting improvements or improvements utilizing earthquake hazard mitigation technologies constructed or installed in existing buildings after November 6, 1990. Implementing Legislation Legislation enacted by the California Legislature to implement Article XIII A (Statutes of 1978, Chapter 292, as amended) provides that, notwithstanding any other law, local agencies may not levy any property tax, except to pay debt service on indebtedness approved 18 000106 by the voters prior to July 1, 1978, and that each county will levy the maximum tax permitted by Article XIII a of $4.00 per $100 assessed valuation (based on the traditional practice in California of using 25 % of full cash value as the assessed value for tax purposes). The legislation further provided that, for the 1978/79 fiscal year only, the tax levied by each county was to be apportioned among all taxing agencies within the county in proportion to their average share of taxes levied in certain previous years. The apportionment of property taxes in fiscal years after 1978/79 has been revised pursuant to statutes of 1979, Chapter 282 which provides relief funds from State moneys beginning in fiscal year 1978/79 and is designed to provide a permanent system for sharing State taxes and budget surplus funds with local agencies. Under chapter 282, cities and counties receive about one-third more of the remaining property tax revenues collected under Proposition 13 instead of direct State aid. School districts receive a correspondingly reduced amount of property taxes, but receive compensation directly from the State and are given additional relief. Chapter 282 does not affect the derivation of the base levy ($4.00 per $100 assessed valuation) and the bonded debt tax rate. Effective as of the 1982-82 fiscal year, assessors in California no longer record property values in the tax rolls at the assessed value of 25 % of market values. All taxable property is shown at full market value. In conformity with this change in procedure, all taxable property value included in this Official Statement (except as noted) is shown at 100 % of market value and all general tax rates reflect the $1 per $100 of taxable value. Tax rates for bond service and pension liability are also applied to 100 % of market value. Future assessed valuation growth allowed under Article XIII A (new construction, change of ownership, 2 % annual value growth) will be allocated on the basis of "situs" among the jurisdictions that serve the tax rate area within which the growth occurs except for certain utility property assessed by the State Board of Equalization ("Unitary Property") which is allocated by a different method described under "Unitary Property" below. Statutory Spending Limitations A statutory initiative ("Proposition 62") was adopted by the voters voting in the State at the November 4, 1986 General Election which (1) requires that any tax for general governmental purposes imposed by local governmental entities be approved by resolution or ordinance adopted by two-thirds vote of the governmental agency's legislative body and by a majority of the electorate of the governmental entity, (2) requires that any special tax (defined as taxes levied for other than general governmental purposes) imposed by a local governmental entity be approved by a two-thirds vote of the voters within the jurisdiction, (3) restricts the use of revenues from a special tax to the purpose or for the service for which the special tax was imposed, (4) prohibits the imposition of ad valorem taxes on real property by local governmental entities except as permitted by Article Xffi A, (5) prohibits the imposition of transaction taxes and sales taxes on the sale of real property by local governmental entities and (6) requires that any tax imposed by a local governmental entity on or after March 1, 1985 be ratified by a majority vote of the electorate within two years of the adoption of the initiative or be terminated by November 15, 1988. Several recent decisions of State Courts of Appeal have held that all or portions of the provisions of Proposition 62 requiring majority vote approval of the electorate for general fund taxes are unconstitutional. A petition for review of one of the decisions was filed with the State Supreme Court on October 21, 1985, which petition was denied by the Court on December 15, 1988, making the Court of Appeal decision in that case final. 000107 19 Property Tax Collection Procedures Classifications. In California, property which is subject to ad valorem taxes is classified as "secured" or "unsecured". Secured and unsecured property are entered on separate parts of the assessment roll maintained by the county assessor. The secured classification includes property on which any property tax levied by the County becomes alien on that property sufficient, in the opinion of the county assessor, to secure payment of the taxes. Every tax which becomes a lien on secured property has priority over all other liens, arising pursuant to State law, on the secured property, regardless of the time of the creation of other liens. A tax levied on unsecured property does not become a lien against the taxes on unsecured property, but may become a lien on certain other property owned by the taxpayer. Collections. Secured and unsecured property are entered on separate parts of the assessment roll maintained by the county assessor. The method of collecting delinquent taxes is substantially different for the two classifications of property. The taxing authority has four ways of collecting unsecured property taxes in the absence of timely payment by the taxpayer: (1) a civil action against the taxpayer; (2) filing a certificate in the office of the county clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; (3) filing a certificate of delinquency for recording in the County Recorder's Office, in order to obtain alien on certain property of the taxpayer; and (4) seizure and sale of personal property, improvements or possessory interests belonging or assessed to the assessee. The exclusive means of enforcing the payment of delinquent taxes with respect to property on the secured roll is the sale of property securing the taxes to the State for the amount of taxes which are delinquent. The County currently allocates property taxes to the Agency based on 100 % of the tax levy, notwithstanding any delinquencies. However, there can be no assurance the County will continue such policy. Current tax payment practices by the County provide for payment to the Agency of Tax Revenues in January and May of each year. A final reconciliation is made after the close of the fiscal year to incorporate all adjustments to previously reported current year taxable values. The difference between the final reconciliation and Tax Revenues previously allocated to the Agency are allocated in late August or September. Penalties. A 10 % penalty is added to delinquent taxes which have been levied with respect to property on the secured roll. In addition, property on the secured roll on which taxes are delinquent is sold to the State on or about June 30 of the fiscal year. Such property may thereafter be redeemed by payment of the delinquent taxes and a delinquency penalty, plus a redemption penalty of 1 1/2% per month to the time of redemption. If taxes are unpaid for a period of five years or more, the property is deeded to the State and then is subject to sale by the county tax collector. A 10 % penalty also applies to delinquent taxes on property on the unsecured roll, and further, an additional penalty of 1 1/2 % per month accrues with respect to such taxes beginning the first day of the third month following the delinquency date. Delinquencies. The valuation of property is determined as of March 1 each year and equal installments of taxes levied upon secured property become delinquent on the following December 10 and April 10. As described under "Collections," the Agency currently receives property taxes based on 100 % of the tax levy. 20 000108 Taxes on unsecured property are due March 1 and become delinquent August 31. n Supplemental Assessments California Revenue and Taxation Code Section 75.70 provides for the supplemental assessment and taxation of property as of the occurrence of a change of ownership or completion of new construction. Prior to the enactment of this law, the assessment of such changes was permitted only as of the next March 1 tax lien date following the change and thus delayed the realization of increased property taxes from the new assessments for up to 14 months. This statute provides increased revenue to redevelopment agencies to the extent that supplemental assessments of new construction or changes of ownership occur within the boundaries of redevelopment projects subsequent to the March 1 lien date. The Redevelopment Consultant's projections of Tax Revenues have not included any Tax Revenues which may be derived from supplemental assessments. To the extent such supplemental assessments occur within the Project Area, Tax Revenues, and therefore Pledged Tax Revenues, may increase. Certification of Indebtedness The Redevelopment Law requires that a redevelopment agency file with the county auditor not later than the first day of October of each year of a statement of indebtedness certified by the chief fiscal officer of a redevelopment agency for each redevelopment project which receives tax increment. The statement of indebtedness is required to contain the date on which any bonds were delivered, the principal amount, term, purpose and interest rate of such bonds and the outstanding balance and amount due on such bonds. Similar information must be given for each loan, advance or indebtedness that the redevelopment agency has incurred or entered into to be payable from tax increment. The Redevelopment Law also provides that the county auditor is limited in payment of tax increment to the redevelopment agency to the amounts shown on the redevelopment agency's statement of indebtedness. Furthermore, the statement of indebtedness is prima facie evidence of the indebtedness of the redevelopment agency, although in certain circumstances the county auditor may dispute the amount of indebtedness shown on the statement of indebtedness. However, the Redevelopment Law provides the county auditor may not dispute payments to a public agency in connection with that Agency's payments pursuant to a bond issue. The Bonds should be entitled to the protection of that portion of the statute so that they cannot be disputed by the County auditor. 000109 21 Business Inventory Exemption Prior Law. Under prior State Law, the State reimbursed cities, counties, special districts and redevelopment agencies ("local agencies") a portion of taxes which would have been generated by the exempted portion of business inventory value (50%). In 1979, the Legislature enacted Assembly Bill 66 (Chapter 1150, Statutes of 1979), eliminating the assessment and taxation of business inventory property and providing for replacement revenue for local agencies, except redevelopment agencies. In 1980, the Legislature enacted AB 1994 (Chapter 610, Statutes of 1980), providing replacement revenue, in part, for the loss of business inventory revenues by redevelopment agencies. Current Law. SB 794 (Chapter 447, Statutes of 1984) repealed the provision of business inventory replacement revenue provided in both Chapter 1150 and Chapter 610 for local agencies. This measure holds redevelopment agencies harmless from the loss of business inventory replacement revenues through state payments (special subventions). Under current law, if redevelopment agencies do not receive sufficient tax revenue generated from the new supplemental roll, the State pays a special subvention to restore to such agencies the difference between the level of business inventory subventions which were to be paid under prior law and the amount of revenue received from taxes on the supplemental roll. If in any year, the Agency's revenues from the previous year's supplemental roll exceed the former amount of business inventory replacement revenues, the previous year's excess will be credited against the State special subvention due in that year and in future years until the entire excess has been credited. As a result of these changes, redevelopment agencies should receive over time approximately the same amounts of revenues as they received in 1983-84 had business inventory subventions not been terminated. The Plan was adopted after the total exemption of business inventory from taxation became effective and therefore the Agency is not eligible to receive subventions to replace business inventory revenues. Unitary Property AB 454 (Chapter 921, Statutes of 1986) provides that revenues derived from most utility property assessed by the State Board of Equalization ("Unitary Property"), commencing with the 1988-89 fiscal year, will be allocated as follows: (1) for revenues generated from the one percent (1 %) tax rate, (a) each jurisdiction, including project areas, will receive a percentage up to 102 percent (102 %) of its prior year State -assessed unitary revenue; and (b) if countywide revenues generated from Unitary Property are greater than 102 percent (102%) of the previous year's revenues, each jurisdiction will receive a percentage share of the excess unitary revenues by a specified formula and (2) for revenue generated from the application of the debt service tax rate to county -wide unitary taxable value, each jurisdiction's annual debt service requirements and the percentage of property taxes received by each jurisdiction from unitary property taxes. This provision applies to all Unitary Property except railroads whose valuation will continue to be allocated to individual tax rate areas. The provisions of AB 454 do not constitute an elimination of the assessment of any State -assessed properties nor a revision of the method of assessing utilities by the State Board of Equalization. Generally, AB 454 allows valuation growth or decline of Unitary Property to be shared by all jurisdictions in a county. Representatives of the Riverside County Auditor -Controller have confirmed the County's implementation of AB 454 in fiscal year 1988-89 by making payments to the Agency in an amount approximately equal to 102 % of incremental revenue the Agency derived from 000110 22 the Project Area from State assessed properties for the 1987-88 fiscal year as the Agency's share of Unitary Property tax revenue for the Project Area. Limitation on Tax Revenues An initiative to amend California Constitution entitled "Property Tax Revenues Redevelopment Agencies was approved by California voters at the November 8, 1988 general election. Under prior law, a redevelopment agency using tax increment revenue receives additional property tax revenue whenever a local government increases its property tax rate to pay off its general obligation bonds. This initiative amends the California Constitution to allow the California Legislature to prohibit redevelopment agencies from receiving any of the property tax revenue raised by increased property tax rates unposed by local governments to make payments on their bonded indebtedness. The initiative only applies to tax rates levied to finance bonds approved by the voters on or after January 1, 1989. Any revenue reduction to redevelopment agencies would depend on the number and value of the general obligation bonds approved by voters in future years. The Agency does not currently project receiving any Tax Revenues as a result of general obligations bonds which may be approved on or after January 1, 1989. Appropriations Limitations: Article XIIIB of the State Constitution An initiative to amend the California Constitution entitled "Limitation of Government Appropriations" was approved by California voters on September 6, 1979, thereby adding Article XIIIB to the State Constitution ("Article XIIIB"). Under Article XIIIB, state and local governmental entities have an annual "appropriations limit" and are not permitted to spend certain moneys which have been determined to be "appropriations subject to limitation" in an amount higher than the appropriations limit. Appropriations of an entity of local government subject to Article XIII B include generally authorizations to expend, during a fiscal year, the proceeds of taxes levied by the State or other entity of local government, exclusive of certain State subventions, refunds of taxes, and benefit payments from retirement, unemployment insurance and disability insurance funds. Proceeds of taxes include, but are not limited to, all tax revenues and the proceeds to an entity of government from (1) regulatory licenses, user charges, and user fees (but only to the extent such proceeds exceed the cost of providing the service or regulation), and (2) the investment of tax revenues. Article X111B does not affect the appropriations of moneys which are excluded from the definition of "appropriations subject to limitation", including debt service on indebtedness existing or authorized as of January 1, 1979, or bonded indebtedness subsequently approved by the voters. In general terms, the "appropriations limit" is to be based on certain 1978-79 expenditures, and is to be adjusted annually to reflect changes in consumer prices, populations, and services provided by these governmental entities. Among other provisions of Article XMB, if these governmental entities' revenues in any year exceed the amounts permitted to be spent, the excess must be returned by revising tax rates or fee schedules over the subsequent two years. In the June 1990 election, the voters of the State approved Proposition 111 (the "Traffic Congestion Relief and Spending Act of 1990") amending the formula which allows for adjustments in the expenditure limits under Article XIIIB. Rather than adjusting the limit by the percentage change in the California Consumer Price Index, Proposition 111 adjusts it by the percentage change in California Personal Income per Capita ("CPIPC"). Local governments are given the option of using CPIPC or the change in local assessment rolls for new, nonresidential construction as the basis for adjusting their limits. This change allows the limits of local governments to reflect economic growth, particularly in rapidly growing communities. Furthermore, Proposition 111 allows the averaging of two years' tax revenues before requiring action regarding excess tax revenues. 23 000111 Low and Moderate Income Housing Chapter 1337, Statutes of 1976, added Sections 33334.2 and 33334.3 of the Law require redevelopment agencies to set aside twenty percent (20%) of all tax increment derived from redevelopment project areas adopted after December 31, 1976 into a special fund for the purpose of expanding the supply of housing available for persons or households of low and moderate income. The 20 % set -aside for the low and moderate housing fund is based on 20 % of gross revenues (before pass-throughs). The Agency has consistently met this obligation on an annual basis. The low and moderate set -aside for 1991-92 is expected to be $306,916. This low and moderate income housing requirement could be reduced or eliminated if a redevelopment agency finds that: 1) no need exists in the community to improve or increase the supply of low and moderate income housing; 2) that some stated percentage less than 20 percent of the tax increment is sufficient to meet the housing need; or 3) that other substantial efforts, including the obligation of funds from state, local and federal sources for low and moderate income housing of equivalent impact are being provided for in the community. Chapter 1135, Statutes of 1985 amended Section 33334.4 and added Sections 33334.6 and 33334.7 to extend the requirements for redevelopment agencies to set -aside into a low and moderate income housing fund, 20 percent (20%) of tax increment to redevelopment project areas adopted prior to January 1, 1977, beginning with fiscal year 1985-86 revenues. An agency may make the same findings described above to reduce or eliminate the low and moderate income housing requirement. Additionally, for project areas adopted prior to January 1, 1977, an agency may reduce its low and moderate income housing deposit requirement in any fiscal year that an agency finds that the reduction is necessary to make payments on "existing obligations", and for fiscal years through 1995-96 only, to fund the orderly and timely completion of "public and private projects, programs or activities. Existing obligations include any loan, advance or indebtedness (whether funded, refunded, assumed or otherwise) incurred by an agency to finance or refinance in whole or in part, any redevelopment project existing on, and created prior to January 1, 1986, and contained on the statement of existing obligations of the agency as discussed below. Public and private projects, programs and activities are those approved by an agency prior to January 1, 1986 and contained on the statement of existing programs as discussed below. An agency which reduces its low and moderate income housing fund deposit requirement due to existing obligations or the orderly and timely completion of public and private projects, programs or activities must have adopted prior to September 1, 1986, by resolution, after a noticed public hearing, a statement of existing obligations and or a statement of existing programs describing each such obligation, project, program and activity. The Project, which 1137. All debt service o certain moneys in the Low was adopted after 1988, is a the Bonds is subordinate and Moderate Income Fund. subject to the requirements of Chapter to the Agency's obligation to deposit 24 000112 Taxing Entity Cooperation Agreements The Agency has entered into Cooperation Agreements (the "Agreements") with seven () taxing entities affected by the Redevelopment Plan. These include the County of Riverside, the Coachella Valley Community College District, the Riverside County Superintendent of Schools, the Coachella Valley Water District, the Coachella Valley Mosquito Abatement District. See "APPENDIX A - The Redevelopment Consultant's Report". 25 00011.1 Authority and Personnel The La Quinta Redevelopment Agency was activated on July 5, 1983 by Ordinance No. 34 of the City Council pursuant to the Community Redevelopment Law of California now codified as Part 1 of Division 24 of the State of California Health and Safety Code. The City at the same time declared itself to be the Redevelopment Agency. Currently the Redevelopment Agency is comprised of the following members: Agency Member Term Expires John J. Pena, Chairman November 1992 Dale Bohnenberger, Vice Chairman November 1992 Kristy Franklin November 1994 Dr. William Rushworth November 1992 Stanley Sniff November 1994 John J. Pena - Mr. Pena earned his Bachelor of Arts degree in Criminal Justice from California State University at Fullerton and a Juris Doctor Degree from Western State University Law School. He is President of John Pena and Associates, a consulting firm and Co -Owner of Sherry's Place Restaurant. Mr. Pena serves on the Board of Directors of Sunline Transit Agency and John F. Kennedy Memorial Hospital and the Advisory Board of La Quinta Arts Foundation. He was born and raised in the Coachella Valley. Dale V. Bohnenberger - Mr. Bohnenberger has been a Coachella Valley resident for sixteen years and has a Bachelor of Science Degree in civil engineering from Loyola University in Los Angeles. He is the Deputy Chief Engineer of the Coachella Valley Water District and is a registered Professional Engineer. Kristy Franklin - Mrs. Franklin has resided in La Quinta for three years and has been very active in the community. She was on the Chamber of Commerce Board for two years; treasurer of the Friends of the Library; recording secretary of Panhellenic; and a member of both the La Quinta Arts Foundation and the La Quinta Historical Society. Mrs. Franklin graduated from the University of Florida with a Bachelor of Science degree in Journalism. Since that time she has had a career in law office administration. She currently works as a real estate salesperson with Desert Vintage Realty in La Quinta. Dr. William Rushworth - Dr. William Rushworth is a retired doctor of veterinary medicine. He received a Bachelor of Science degree from the University of California at Davis in 1955. He has been a resident of Coachella Valley for fifteen years. Stanley Sniff - Mr. Sniff has lived in the Coachella Valley and the La Quinta area since 1928. He holds a Bachelor of Arts degree in History and Government from Pomona College. Mr. Sniff has served as President of the La Quinta Property Owners, on the Downtown Planning Advisory Committee and as a founder and director of the La Quinta Cove Association. He has been active in local retail, tourist and farming industries for over forty years. 26 000114 Thomas P. Genovese - Mr. Genovese earned his Bachelor of Science degree in Business Administration from California State Polytechnic University, Pomona and earned his Master of Science degree in Business Administration from the same institution. He has served in the capacity of the City's Assistant City Manager and Finance Director and as the Redevelopment Agency's Treasurer for over four years. Powers The Redevelopment Agency is charged with the responsibility of eliminating blight within the redevelopment project areas through the process of redevelopment. Generally, this process culminates when the Redevelopment Agency must complete the process of acquiring and assembling the necessary sites, relocating residents and businesses, demolishing the deteriorated improvements, grading and preparing the sites for purchase by developers and providing for ancillary off -site improvements. All powers of the Redevelopment Agency are vested in its five members. The Redevelopment Agency exercises governmental functions in carrying out projects and has sufficient broad authority to acquire, develop, administer and sell or lease property, including the right of eminent domain and the right to issue bonds, notes and other evidences of indebtedness and expand their proceeds. The Redevelopment Agency can clear buildings and other improvements and develop as a building site any real property owned or acquired, and in connection with such development, cause street, highways and sidewalks to be constructed or reconstructed and public utilities to be installed. Redevelopment in the State of California may be carried out pursuant to the Law. Section 33020 of the Law defines redevelopment as the planning, development, replanning, redesign, clearance, reconstruction or rehabilitation, or any combination of these, of all or part of a survey area and the provision of such residential, commercial, industrial, public or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including recreational and other facilities incidental or appurtenant to them. The Redevelopment Agency may, out of the funds available to it for such purposes, pay for all part or part of the value of land and the costs of buildings, facilities, structures or other improvements to be publicly owned, to the extent that such improvements are of benefit to the relevant project area and no other reasonable means of financing is available. The Redevelopment Agency must sell or lease remaining property within a project area for redevelopment by others in strict conformity with the redevelopment plan, and may specify a period within which such redevelopment must begin and be completed. 000115 27 Project Area Map 28 000119 Background On November 29, 1983, following requisite studies and hearing by the Planning Commission and the Agency, the City Council passed Ordinance No. 43 which approved and adopted the Plan. The Plan provides for the elimination of blight and deterioration which was found to exist in the Project Area. Location and Surrounding Area The Project Area encompasses 3,116 acres, or approximately 4.87 square miles accounting for approximately seventeen percent (17%) of the total corporate area of the City. Financial Statements Included in this Official Statement as "APPENDIX C" are the audited financial statements of the Agency for the year ended June 30, 1992 reproduced from the report thereon rendered by Diehl, Evans & Company, independent accountants for the Agency. Controls, Land Use and Building Restrictions All real property in the Project Area is subject to the controls and restrictions of the Plan. The Plan requires that new construction shall comply with all applicable State statutes and local laws in effect including the City zoning ordinances and City codes for building, electrical works, heating, ventilating, housing and plumbing. The Plan further provides that no new improvement or addition to an existing building shall be substantially modified, altered, repaired or rehabilitated except in accordance with architectural, landscape and site plans submitted to and approved by the Agency. The Plan allows commercial, industrial, residential, public and institutional uses within the Project Area, but specifies the particular land use area in which such use is permitted. The Agency may permit an existing but nonconforming use to remain so long as the existing building is in good condition and is generally compatible with other surrounding development uses. The owner of such property must be willing to enter into a participation agreement and abide by any reasonable restriction deemed necessary to protect the development and use of the Project Area. The owner -participant must receive prior authorization and approval from the Agency to make additions, repairs, alterations, or other improvements to his nonconforming use structure. Within the limits, restrictions and controls established in the Plan, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access and other development and design controls necessary for proper development of both private and public segments within the Project Area. Under certain circumstances, the Agency is authorized to permit a variation from the limits, restrictions and controls granted which changes a basic land use or which permits other than a minor departure from the Plan provisions. In permitting a variation, the Agency shall impose such conditions as are necessary to protect the public health, safety or welfare, and to assure compliance with the purposes of the Plan. Any variation permitted by the Agency shall not supersede any other approval required under City codes and ordinances. 00o117 29 The Project is subject to the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Sections 21000 et seq. Pursuant to CEQA, the Agency prepared an Environmental Impact Report ("EIR") for the Project which was certified by the Agency as apart of the Plan adopted November 29, 1983. 30 000118 Overlapping Bonded Indebtedness The Project Area's overlapping bonded indebtedness is summarized below: La Quinta Redevelopment Project Area #2 Statement of Direct and Overlapping Bonded Debt June 22, 1992 1991-92 Assessed Valuationl: Base Year Valuation: Incremental Valuation: OVERLAPPING BONDED DEBT: Riverside County Board of Education Riverside County Building Authorities Riverside County Free Library Authority Desert Community College District Desert Sands Unified School District Authority Coachella Valley Water District, I.D. #55 Coachella Valley Water District I.D. #58 TOTAL OVERLAPPING BONDED DEBT Ratio to Base Year Valuation: 5.91 % $251,846,911 98,388,696 $153,458,215 % Applicable 0.183 % 0.183 0.301 0.690 1.813 13.841 2.324 STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/91: $0 Source: California Municipal Statistics. Includes secured and unsecured assessed valuation. Debt 3/2/92 $16,196 970,273 1,339 2,756 2,523,424 2,007,637 289,687 $5,811,312 31 00'111 Major Property Taxpayers Twenty of the largest assessees in the Project Area for 1991-92, representing over 43 % of the assessed value within the Project Area, and the assessed valuation of their respective properties in the Project Area as reported by California Municipal Statistics, Inc. and the County are provided in the following schedule: La Quinta Redevelopment Project Area #2 Twenty Largest Local Secured Taxpayers (1991/92) % of Total 1991/92 Assessed Tgnayer Assessed Value Valuel 1.) Wilma La Quinta Limited Partnership $23,656,882 9.40% 2.) North Star California Corporation 14,965,527 5.95 % 3.) Washington Adams Limited Partnership 11,401,785 4.53% 4.) Palm Royale Partnership 9,197, 742 3.66 % 5.) EFP Inc. 5,186, 035 2.06 % 6.) Santa Rosa Development Inc. 41482,346 1.78% 7.) Dean La Quinta Limited Partnership 47249,799 1.69% 8.) Landmark Land Company of California, Inc. 402,037 1.63 % 9.) Triad Pacific Desert Development 3,970,197 1.58% 10.) La Quinta Development of Jefferson and Hwy 111 3,652,620 1.45% 11.) Miles & Adams Associates 3,216,138 1.28 % 12.) Acacia Construction, Inc. 3,024,240 1.20% 13.) Waring Adams Venture 218%464 1.14% 14.) Simon Family Partnership 2,719,731 1.08% 15.) Newco Development Company 2,631,732 1.05% 16.) Parclaquinta 2,233,739 0.89% 17.) A.G. Spanos Construction Inc. 21102,233 0.84% 18.) Anne J. Mazzella 2,0401000 0.81 % 19.) La Quinta Palms Homeowners Association 1,934,346 0.77% 20.) Desert View Homes, Ltd. 1,635,278 0.65% TOTAL $109,252, 871 43.44% Existing and Proposed Project Development' New development in the Project Area has been projected at $14,520,000 in 1992-93 (based on building permits issued between 11/90 and 10/91) and $11,532,000 in 1993-94 (based on building permits issued between 11/91 and 1/92). This increase is substantiated based upon the following factors: (a) Forecasted Growth: Forecasted growth assumptions for the Project Area are based on a 2 % annual increase in assessed valuation as permitted by Article XIIIA of the California Constitution (Proposition 13). (b) TDC Project: Within the Project Area is the Transpacific Development Company ("TDC") project (also known as the Highway One Eleven Project) which consists of approximately 618,000 square feet of shops/majors/pads on 60+ acres. This major multi -use commercial center includes three major 1. Total local secured assessed valuation for 1991192 was $251, 609, 892. 2. Information under this caption has been supplied by Rosenow Spevacek Group, Inc. and reviewed by the Agency. 32 000120 phases. This significant development located on Highway 111 between Washington and Adams Streets will offer a multitude of integrated commercial and retail services, specialty shops, personal services, entertainment facilities, restaurants, and drive -through eating establishments. Significant portions of this Project are currently in construction, have permits pulled, or have signed leases with building plans currently in process. Therefore, the exclusion of this Project in the tax increment projections would grossly underestimate future tax increment projections. New development associated with this Project is presented in Table A of "APPENDIX A - The Redevelopment Consultant's Report. " "Phase 1" of the TDC Project is approximately 347,000 square feet and includes construction by the TDC partnership of certain shops and majors plus independent pad development by Wal-Mart, Albertsons, AAA, Carl's Jr., IHOP, Arco, Jack -in -the -Box, Discount Tire and Speedy Lube. "Phase 1" improvements are expected to be completed by December 1992; however, some construction on the independent pads is progressing at a faster rate and may be completed sooner than the expected completion date. "Phase 2" includes approximately 131,000 square feet of space and is expected to commence construction in September 1992. The expected completion date is May 1993. This phase includes theatres, shops and majors. "Phase 3" includes approximately 134,000 square feet of shops, majors and pads. The anticipated construction start date is December 1992, and the expected completion date is August 1993. (c) Issued Building Permits: Historical building permit valuations are presented in Table C of "APPENDIX A - The Redevelopment Consultant's Report." The projections assume that building permits issued for construction in the Project Area between November 1990 and the present will be added over the next two years. The figures presented in Table A of "APPENDIX A - The Redevelopment Consultant's Report" in the "new development" column are based upon the following assumptions: i) For fiscal year 1992-93 document building permits issued between November 1990 through October 1991, totaling approximately $14.5 million, have been added. It is assumed that building permits issued during this time frame will first appear on the March 1992 roll equalized by August 1992. These permits include the Wal-Mart and Albertsons shell construction. ii) For fiscal year 1993-94, building .permits issued between November 1991 and May 1992, which total approximately $15.8 million have been added. Additionally, it is assumed that the tenant improvements for Wal-Mart and Albertsons, totaling $1.7 million, will be added to the roll as of the March 1, 1993 lien date. iii) For fiscal year 1994-95, the new development added is $10.5 million. This figure consists of $7.5 million for the completion of "Phase 1-TDC Portion". Additionally, the $3.0 million of construction value associated with the Shell Station, AAA, Carl's Jr., IHOP, Arco Station, Jack -in -the - Box, Discount Tire, and Speedy Lube has been included. 33 000121 iv) For fiscal year 1995-96, the new development added is $11.45 million. This includes the TDC "Phase 2" construction value of approximately $6.7 million. Furthermore, it is assumed that the "Phase 1" component associated with TDC will be reappraised based upon its market value at approximately $4.75 million. v) For fiscal year 1996-97, the new development added is approximately $9.95 million. This figure is comprised of the construction value of the TDC "Phase 3" development which is approximately $5.3 million. Additionally, the "Phase 2" component of TDC will reappraised based upon its market value at approximately $4.65 million. Because the unsecured valuations represent less than 0.5 % of the total assessed valuation, they have been treated the same as secured valuations throughout these projections. 34 000122 Projections of Tax Revenues The Agency has retained Rosenow Spevacek Group, Inc., a consulting firm with offices in Santa Ana, California, as Redevelopment Consultant to estimate the Agency's Tax Revenues and Pled ed Tax Revenues for fiscal years 1991/92 through 2010/2011. The Redevelopment consultant is engage principally in consulting services in California related to redevelopment activities. Rosenow Spevacek Group, Inc., has worked with the Agency for several years on the creation of the Development Plan for the Project Area including the preparation of the Environmental Impact Report which was approved by the City in , 19 . The Agency has relied on the estimates of the Redevelopment Consultant in the development of the Agency's financing plan and believes those estimates to be reasonable. The Agency makes no further representation as to the validity of the assumptions, explicit or implicit, made in such estimates, nor does it represent that estimated Pledged Tax Revenues will be realized. The Redevelopment Consultant's projections of Tax Revenues and PledgW Tax Revenues are set forth in Table A of "APPENDIX A - Redevelopment onsultant's Report" . Property Tax Increment The property tax rate applicable within the Project Area is limited by the State Constitution to one percent (1 %) of taxable property value plus the rate necessary to service certain indebtedness approved by the voters (see "LIMITATIONS ON TAX REVENUES - Property Tax Rate Limitations - Article XMA"). Tax Revenues are calculated by using the current year's secured tax rates for secured property and the previous year's secured tax rates for unsecured property. Tax Revenues are those amounts derived each year from the levy and collection of taxes on any increase in the taxable valuation of land, improvements and personal property in the Project Area over and above the base assessment roll for such property. The table below presents a summary of the secured tax rates within the tax rate area corresponding to the Project Area Average Tax Rates for Project Area for Fiscal Year 1991-92 Taxing Agency 1991-92 Countywide 1.00000 Desert Sands Unified School Districts 0.09750 Desert Community College B & I 0.00132 Coachella Valley Water District 0.03050 Coachella Valley Water District I.D. No. 55 0.03868 Coachella Valley Water District I.D. No. 58 0.00843 Coachella Valley Water District I.D. No. 58 Annex. 0.03373 Average Project Area Tax Rate 1.21016 Special Assessments: Citrus Pest Control 32.77639 Source: Riverside County Auditor -Controller. 1. The Desert Sands Unified School District is the predominant school district in the Project Area as it services all of the 19 tax rate areas. 35 000123 Following is the 1988-89 base roll assessed valuation compared to the 1991-92 assessed value for the Project and the resultant incremental taxable value of $1,534,582. La Quinta Redevelopment Agency La Quinta Redevelopment Project Area #2 Historical Incremental Taxable Value Base Year 1988-89 1990-91 1991-92 Secured Valuation Land $65,269,743 $99,501,395 $130,208,260 Improvements 31,606,423 69,062,131 12114761063 Personal Property 297,220 128,217 128,909 Total Secured 97,173,386 168,691,743 251,813,232 Less: Exemptions (2,294,324) (3,360 331) (3,409,281) Net Secured Value 94,87%062 165,331,412 248,403,951 Unsecured Valuation 3032693 269,788 237,019 TOTAL 9571821755 165,601,200 248,640,970 Less: Base Year (95,182,755) (95,182,755) (95,182,755) Incremental Assessed Valuation 70,418,445 153,458,215 Tax Rate 1.00 % 1.00 % Tax Increment Revenue $704,184 1,534,582 Unitary Utility Revenue n/a n/a n/a TOTAL REVENUE $704,184 $195349582 Source: Rosenow Spevacek Group, Inc. See Redevelopment Consultants Report Appendix A. 000124 36 Annual Debt Service and Projected Debt Service Coverage Set forth on the following page is the schedule of annual debt service and projected debt service coverage for the term of the Bonds. Projected Tax Revenues for fiscal years 1991-92 to 2010-11 are figures provided in the Redevelopment Consultant's Report attached hereto as "APPENDIX A". The estimates in the following table are also based on the assumption that the Agency will not incur parity debt for the Project Area. However, it is possible that the Agency will incur such parity debt as its Tax Revenues increase. 000127 37 h N �Ip O aJ �ON r�%,0gYg5f�Oh V a�OI tO EQ�'7 Oo WO C gNg��to�O 1$g� owI,r-: g$pVfD oRpOR�}� p_� E0� W O � n TZZ r r r r r r T r T r T r T r r T lV �� tN0 W W mN� ��tA� ONfN aD �N d't0 �COO�D G W �fO�YfD 1nNm bY(0O LL UZQ W n N O grg��$yu�qq��iG�:gd�n��3app��inr �g'ufocli cost�ig 2G�� � tl r rrN��:3 CSN NfV N NOl W Ol dl W W Ol W C IN! Pt Z GneP1iY3��r:`OBe`"i�l".°o3v3o�i W Y W Cu OAAaI�-p Nmy Om�mpp/P I�RN m pNpy��Ol 7AOp �pNy�pA�WN NN NNN NNN N Ol 0! W OJ Ixcc e 8 !qp �fOp 1(fp} A �O ���pppp dap NOpIq NO�Dp�p1�1�pPp fC V 000pk� 0Ooa > ar pQpf�l Oryp1O (ONNpI M ol� tll� OJM V NY f 00 Q' a QQ E a Z O 7555��Q5�QQ 29252525 ooiddQ uNi°��'abS i rz r OJ r T r T O � pp� 1w� x 1pp� pO� p 01001n0O W�Sn�I�r aW; l*Ct rc u�o �c r: rz n N II�.-pl•l•m C66o C66Cl �p C� 6O pj WW CpD OD� p�����Op��pO ��p�Ittpp�N���pp �W�pp N7�O mN r ro�copt.W�$mspo{aa?��qt q "t Cr�aatgn"too�kq NNN �� O77 Y Y Y� W W OJC*j '� O! O N W W Ol Of 010J W.O OOOOOOO OO� r � � gI I I gg1 ggI gg1 ggI I ggI gg1 I r � n R��RfdRR�iZRR 000126 38 Insurance and Ratings The Agency has applied for municipal bond insurance and a municipal credit rating. Information as to whether the Bonds will be insured by municipal bond insurance will be available from the Agency's financial advisor, Fieldman, Rolapp & Associates, Irvine, California, or from the Underwriter, Westhoff, Martin & Associates, Lafayette, California. If insurance is obtained and purchased by the Agency, the Official Statement will be changed to reflect the insurance carrier's comments. Moody's Investors Service, Inc. ("Moody's") and Standard & Poor's Corporation ("S&P") have given the Bonds the ratings of and , respectively. Such ratings reflect only the views of such organizations and an explanation of the significance of such ratings may be obtained from Moody's and S&P. There is no assurance that such ratings will continue for any given period of time or that such ratings will not be revised downward or withdrawn by either organization or both of them, if in their respective judgments circumstances so warrant. Any such downward revision or withdrawal of such ratings or rating may have an adverse impact on the market price of the Bonds. Legal Opinion The opinion of Stradling, Yocca, Carlson & Rauth, a Professional Corporation, Newport Beach, California, Bond Counsel, approving the validity of the Bonds and stating that interest on the Bonds is excludable from gross income for federal income tax purposes and such interest is also exempt from personal income taxes of the State of California under present State income tax laws, will be furnished the purchaser at the time of delivery of the Bonds at the expense of the Agency. A copy of such opinion, certified by an officer of the Agency by his facsimile signature, will be printed on the back of each definitive Bond. No charge will be made to the purchaser for such printing or certification. The legal opinion is only as to legality and is not intended to be nor is it to be interpreted or relied upon as a disclosure document or an express or implied recommendation as to the investment quality of the Bonds. Tax Exempt Status It is possible that, as a result of the facts described above, and certain other facts, that all of the Bonds will constitute a single composite issue of bonds for certain federal income tax purposes relating to the exclusion from gross income of interest on the Bonds. If all of the Bonds were ultimately determined to constitute a single composite issue of bonds for certain federal income tax purposes relating to the exclusion from gross income of interest on those bonds, an event associated with some of the Bonds might cause interest on all of the Bonds to become subject to federal income taxation, possibly from the date of issuance of the Bonds. In the opinion of Stradling, Yocca, Carlson & Rauth, a Professional Corporation, Newport Beach, California, Bond Counsel, under existing statutes, regulations, rulings and judicial decisions, interest paid on the Bonds is excluded from gross income for federal income tax purposes, and is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations. In the further opinion of Bond Counsel, interest on the Bonds is exempt from State of California personal income tax. Bond Counsel notes that, with respect to corporations, interest on the Bonds may be included 39 ()00127 in as an adjustment in the calculation of alternative minimum taxable income which may effect the alternative minimum tax liability of such corporations. Bond Counsel's opinion as to the exclusion from gross income of interest with respect to the Bonds is based upon certain representations of fact and certifications made by the District, the Underwriter and others and is subject to the condition that the Agency comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be satisfied subsequent to the issuance of the Bonds to assure that interest with respect to the Bonds will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code might cause interest with respect to the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The Agency has covenanted to comply with all such requirements. Bond Counsel's opinions may be affected by actions taken (or not taken) or events occurring (or not occurring) after the date hereof. Bond Counsel has not undertaken to determine, or to inform any person, whether any such actions or events are taken or do occur. Although Bond Counsel has rendered an opinion that interest with respect to the Bonds is excluded from gross income for federal income tax purposes provided that the Agency continues to comply with certain requirements of the Code, the ownership of the Bonds and the accrual or receipt of interest with respect to the Bonds may otherwise affect the federal income tax liability of certain persons. Bond Counsel expresses no opinion regarding any such tax consequences. Accordingly, before purchasing any of the Bonds, all potential purchasers should consult their tax advisors with respect to collateral tax consequences with respect to the Bonds. No Litigation On the date of original delivery of the Bonds, the Agency will deliver, or cause to be delivered, a certificate stating that there is no litigation of any nature pending or, to its knowledge, threatened, restraining or enjoining, or seeking to restrain or enjoin, the delivery, sale, execution or delivery of the Bonds, or in any way contesting or affecting the validity of the Bonds or any authority with respect to their delivery or the pledge or application of any monies or security provided for the payment of the Bonds or the existence or powers of the Agency which would materially and/or adversely affect the validity of the Bonds or the Indenture. Covenants of the Agency Regarding Arbitrage and Rebate The Agency has covenanted in the Indenture to take all actions necessary to comply with the provisions of the Internal Revenue Code of 1986, as amended, with respect to arbitrage and rebate of investment earnings to the United States of America, all as set forth in the Indenture. Consent of Independent Public Accountants Diehl, Evans & Company has consented to the inclusion in "APPENDIX C" hereto of their report dated , 1992, as it relates to their audit of the financial statements of the City and the Agency, to the extent and for the periods indicated in their report. Such audited financial statements have been included in reliance upon such report and presented upon the authority of Diehl, Evans & Company as experts in auditing and accounting. 40 000128 Underwriting The Bonds are to be purchased by Westhoff, Martin & Associates, as Underwriter, at an aggregate discount of $ plus accrued interest from the initial public offering prices set forth on the cover of this Official Statement. The Underwriter is committed to purchase all the Bonds if any are purchased. The Underwriter may offer and sell Bonds to certain dealers (including dealers depositing Bonds into investment trusts) and others at prices lower than the offering prices stated on the cover of this Official Statement. After the initial public offering, the public offering prices of the Bonds may be changed from time to time by the Underwriter. Other Information Copies of the Trust Indenture and other documents and other information are available upon request and payment to the Agency of a charge for copying, mailing and handling. Such requests should be addressed to: La Quinta Redevelopment Agency, P.O Box 1504, 78-105 Calle Estado, La Quinta, California 92253. Miscellaneous All the preceding summaries of applicable legislation, agreements and other documents are made subject to the provisions of such document and do not purport to be complete statements of any or all of such provisions. Reference is hereby made to such documents on file with the Agency for further information in connection therewith. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not expressly stated, are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. The execution and delivery of this Official Statement has been duly authorized by the Agency. LA QUINTA REDEVELOPMENT AGENCY By: /s/ John J. Pena Chairman 41 00012q APPENDIX A REDEVELOPMENT CONSULTANT'S REPORT 000130 July 14, 1992 Mr. Thomas Genovese, Assistant City Manager LA QUINTA REDEVELOPMENT AGENCY 78-105 Calle Estado P.O. Box 1504 La Quinta, California 92253 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 TAX INCREMENT PROJECTIONS Dear Mr. Genovese: Rosenow Spevacek Group, Inc. ("RSG") is pleased to present this report of projected tax increment revenues for the Redevelopment Project Area No. 2 ('Project Area"). The following tables are presented as attachments to this letter: Table A: Summary of Tax Increment Projections Table B: Historical Assessed Valuations Table C: Summary of Building Permit Valuations Project taxable valuations and tax revenues in this report are based on assumptions formulated from the following information: 1. historical growth trends; 2. trended growth in valuation as permitted by Article XIIIA of the California Constitution; 3. construction activity in progress in the Project Area; 4. assessment and apportionment procedures of Riverside County; 5. tax allocation agreements between the Redevelopment Agency and certain taxing agencies. The purpose of these projections is to substantiate the availability of tax increment generated by the Project Area to secure debt service requirements for the proposed Tax Allocation Bonds, Series 1992. Revenue projections have been conservatively estimated in order to reduce the possibility of overstating future tax increments. 000131 Mr. Thomas Genovese, Assistant City Manager LA QUINTA REDEVELOPMENT AGENCY July 14, 1992 Page 2 BACKGROUND AND ASSUMPTIONS 1. Assessed Valuations: The most current source of information used is the 1991-92 tax rolls for Riverside County. The Riverside County Auditor -Controller has provided the current year, base year and previous years' valuation figures for the Project Area. Historical assessed valuation information for the Project Area is presented in Table B. 2. Base Year Valuation: The 1988-89 base year valuation for the Project Area as reported by the Auditor -Controller of Riverside County is: Local Secured $94,879,062 Unsecured 303,693 $95,182,755 3. Growth Assumptions: The revenue projections presented on Table A include three components: the "forecasted growth", the "TDC Project" and "issued building permits". Discussion of each component follows. a. Forecasted Growth: Forecasted growth assumptions for the Project Area are based on a 2% annual increase in assessed valuation as permitted by Article XIIIA of the California Constitution (Proposition 13). b. TDC Project: Within the Project Area is the Transpacific Development Company (TDC) project (also known as the Highway One Eleven Project) which consists of approximately 618,000 square feet of shops/majors/pads on 60+ acres. This major multi -use commercial center includes three major phases. This significant development located on Highway 111 between Washington and Adams Streets will offer a multitude of integrated commercial and retail services, speciality shops, personal services, entertainment facilities, restaurants, and drive through eating establishments. Significant portions of this Project are currently in construction, have permits pulled, or have signed leases with building plans currently in process. Therefore, the exclusion of this Project in the tax increment projections would grossly underestimate future tax increment projections. New development associated with this Project is presented in Table A. "Phase 1" of the TDC Project is approximately 347,000 square feet and includes construction by the TDC partnership of certain shops and majors plus independent pad d&66pment by Wal-Mart, Albertson, AAA, Carl's Jr., IHOP, Arco, Jack -in -the -Box, Discount Tire and Speedy Lube. "Phase 1" "aq-tz0 0 013 Mr. Thomas Genovese, Assistant City Manager LA QUINTA REDEVELOPMENT AGENCY July 14, 1992 Page 3 improvements are expected to be completed by December 1992; however, some construction on the independent pads is progressing at a faster rate and may be completed sooner than the expected completion date. "Phase 2" includes approximately 131,000 square feet of space and is expected to commence construction in September 1992. The expected completion date is May 1993. This phase includes theatres, shops and majors. "Phase 3" includes approximately 134,000 square feet of shops, majors and pads. The anticipated construction start date is December 1992, and the expected completion date is August 1993. C. Issued Building Permits: Historical building permit valuations are presented in Table C. The projections assume that building permits issued for construction in the Project Area between November 1990 and the present will be added over the next two years. The figures presented in Table A in the "new development" column are based upon the following assumptions: o For fiscal year 1992-93 document building permits issued between November 1990 through October 1991, totaling approximately $14.5 million, have been added. It is assumed that building permits issued during this time frame will first appear on the March 1992 roll equalized by August 1992. These permits include the Wal-Mart and Albertson shell construction. o For fiscal year 1993-94, building permits issued between November 1991 and May 1992, which total approximately $15.8 million have been added. Additionally, it is assumed that the tenant improvements for Wal-Mart and Albertsons, totaling $1.7 million, will be added to the roll as of the March 1, 1993 lien date. o For fiscal year 1994-95, the new development added is $10.5 million. This figure consists of $7.5 million for the completion of "Phase 1-TDC Portion." Additionally, the $3.0 million of construction value associated with the Shell Station, AAA, Carl's Jr., IHOP, Arco Station, Jack -in -the - Box, Discount Tire, and Speedy Lube has been included. o For fiscal year 1995-96, the new development added is $11.45 million. This includes the TDC "Phase 2" construction value of approximately $6.7 million. Furthermore, it is assumed that the "Phase 1" component associated with TDC will be reappraised based upon its market value at approximately $4.75 million. ,,,y,,;,,.,Pam - 000133 Mr. Thomas Genovese, Assistant City Manager LA QUINTA REDEVELOPMENT AGENCY July 14, 1992 Page 4 o For fiscal year 1996-97, the new development added is approximately $9.95 million. This figure is comprised of the construction value of the TDC "Phase 3" development which is approximately $5.3 million. Additionally, the "Phase 2" component of TDC will reappraised based upon its market value at approximately $4.65 million. Because the unsecured valuations represent less than 0.5% of the total assessed valuation, they have been treated the same as secured valuations throughout these projections. 4. Tax Rate: The projections assume a .01 tax rate. 5. Tax Collection Fee/Delinquencies/Supplemental Roll: Actual tax increment receipts will be reduced to reflect the tax collection charge levied by the County of Riverside. Receipts will be increased by the amount of supplemental roll revenue. Because these costs/revenues cannot be accurately projected, no provision is made to reflect their impact on future revenues. Historically, the Agency has usually received more supplemental revenues than offsets for fees. The County of Riverside does not deduct the impact of tax delinquencies from the payment of tax increment to the Agency. TAXING ENTITY COOPERATION AGREEMENTS The Agency has entered into Cooperation Agreements ("Agreements") with seven (7) taxing entities affected by the Redevelopment Plan. These include the County of Riverside, the Coachella Valley Community College District, the Riverside County Superintendent of Schools, the Coachella Valley Water District, the Coachella Valley Recreation and Park District, the Desert Sands Unified School District, and the Coachella Valley Mosquito Abatement District. The effect of each pass -through agreement is summarized as follows: The County of Riverside: The agreement provides for the Library District (2.8% share) and Fire District (6.02% share) to receive 100% of their respective pass -through share. Until annual increment reaches $5 million, the Agency shall retain 50% of the County General Fund (25.53% share) increment (25.53% x .5 = 12.765%). After the threshold level is reached, 100% of the County General Fund revenues are to be passed -through. The obligation is a debt of the Agency, however, the County Auditor -Controller shall make payments prior to allocating to Agency. There is no subordination of the pass -through amounts. The agreement is mute on the 20% housing set -aside issue. The pass -through factor is 21.585% (2.8 + 6.02 + 12.765) until year 2000-01 when it is projected that the estimated annual tax increment will exceed $5 million, at which time the pass -through factor will be 34.35%o. \Uq-t,,p&20a- 0 7113 4 Mr. Thomas Genovese, Assistant City Manager LA QUINTA REDEVELOPMENT AGENCY July 14, 1992 Page 5 Coachella Valley Commune College District: The agreement provides that the District shall receive 50% of its share of 7.72%. Therefore, the pass -through factor is 3.86%. The agreement is mute on the 20% housing set -aside issue. Riverside Count Superintendent of Schools: The agreement provides that the District shall receive 50% of its share of 4.18%. Therefore, the pass -through factor is 2.09%. The agreement is mute on the 20010 housing set -aside issue. Coachella Valley Water District: The agreement provides that the District shall receive 100% of its 7.67%. The agreement provides for these payments to be made directly by the County Auditor -Controller. This should be verified prior to issuing any checks to the District. The agreement is mute on the 20% housing set -aside issue. Coachella Valley Recreation and Park District: The agreements provides that the Agency shall retain 100% of the District's portion (2.13%), however, the revenue (or equivalent revenue from other sources) must be expended on identified park -related capital improvements. The agreement is mute on the 2017c housing set -aside issue. The projections identify the District's portion to be allocated to a "Parks and Recreation Fund'. Desert Sands Unified School District: The agreement provides that the Agency shall retain 100% of the District's share (37.16%) of which 50% may be used for road, flood and other public improvements, and 50% shall be used to fund construction of the District's administration center, high school or other facilities. The projections show 50% of the District's share (18.58%) to be allocated to a "Desert Sand School District Project Fund". This agreement is mute on the 20% housing set -aside issue. Coachella Valley Mosquito Abatement District: The agreement provides that the District receive 100% of its pass -through which is 1.14%. The agreement is mute on the 20% housing set -aside issue. LOW AND MODERATE INCOME HOUSING SET -ASIDE California Redevelopment Law requires the Agency to set aside 20010 of the tax revenues received by the Agency into a special fund for the purpose of expanding the supply of housing available for persons or households of low and moderate income. Table A reflects the Agency 20% set aside for the low and moderate housing fund based upon 20% gross revenue (before pass-throughs). The Agency has consistently met this obligation on an annual basis. The low and moderate set -aside for 1991-92 is expected to be $306,916. While RSG has taken precaution to assure the accuracy of the data used in the formulation of these projections, we cannot insure that projected valuations will, in fact, be realized ,Uq-M 0 0 013 5 Coachella Valley Mosquito Abatement District: The agreement provides that the District receive 100% of its pass -through which is 1.14%. The agreement is mute on the 20% housing set -aside issue. LOW AND MODERATE INCOME HOUSING SET -ASIDE California Redevelopment Law requires the Agency to set aside 20% of the tax revenues received by the Agency into a special fund for the purpose of expanding the supply of housing available for persons or households of low and moderate income. Table A reflects the Agency 20% set -aside for the low and moderate housing fund based upon 20% gross revenue (before pass-throughs). The Agency has consistently met this obligation on an annual basis. The low and moderate set -aside for 1991-92 is expected to be $306,916. 000136 Mr. Thomas Genovese, Assistant City Manager LA QUINTA REDEVELOPMENT AGENCY July 14, 1992 Page 6 because actual values may be affected by future events and conditions that cannot be controlled or predicted with certainty. We hope this information provides you with an adequate basis for determining the capacity of the Project Area to meet debt service requirements for the proposed issuance of tax allocation bonds. We are available to answer any questions that you may have or to update the projection if new information requires such updating. Sincerely, ROSENOW SPEVACEK GROUP, INC. MMI V Kathleen Rosenow Principal Attachments \*uiata 000137 N 0 Z Q m s lU O C C ZE OZ Q O Liz G > F Z w m z Lu F Q u Z LU Z a F F J gg< T P g A N H V L O d Y o�- A- m t� g�4 r� M� T, T g n 3I �9Q���PTT��In�� O t� P O .Np NNp T P O pnp�� � ^ epmp tO�{1 N P pNT � Ill pNp N .�pl N N a0 P Opp in �r nl N �.pp N M 111 K1 T T T T T I<) N Y) N o in N N m �i T T v N n INn N ,o � a a n n o o a0 I^ T a6 n n m u�i o n 10 .• L% OT. N 00 aPp ip O Y N Ol �0 n V�1 In N T T eg g gT �p N M m en M en en M M N T �T � � T in N Ill N Inn ( O n 10a�e�rNl$�ep�l�� �O n a0 . at, S O O O N M � m m n � .T. T .^• t�p"'i a �d ``^ `Fn' $ o is F zz N n P N T N N �O n a0 9 P a •+ N N R� T N CJ N nl N C1 nl N t�1 N1 !n M M M N O n O P L� eqa}n r O�p a T n T M -F Al I`i Ill N P O Ni A n T O� �O Q} N C O� n `O I1(n7 �p Oppp M P Nl N T a0 T^ P P^ T P N UO T1 N N88 8N K881 fSSn fe88nn tt��11 N1 I�f p 0 0 0 0 0 a ••.1 w � 0� N , n O O N� F� N1 , ^ to n un L, y 3 N N d CO n N1 M N P n c0 ry T rl Z 9 CN ..pp T P N ..pp O T A Nn �0 T pp�. ^ m T� O P In a0 r� T a0 P ^ N PI N �O a9 O� a � •+ C0� K1 P Nl r' N Y �O T{ �+ Pp� P .- T P In T T 06 T 0 P O N T T M ' I�l ePn R1 T T T T K N N N N M M Nil 1�n1 co 9 T 21 yri N 3 �y N s000138 TABLE B HISTORICAL ASSESSED VALUATION LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 Base Year % 1988.89 1990.91 CHANGE 1991-92 ANNUAL ASSESSED VALUATION SECURED Land $65,269,743 S99,501,395 30.86% $130,208,260 Improvements $31,606,423 $69,06Z131 75.89% $121,476,063 Personal Property $297=0 $128,217 0.54% $128,909 Less Other Exanptions $2,294,324 $3,360,331 1.46% $3,409,281 NET ASSESSED VALUE $94,879,062 $165,331,412 50.25% $248,403,951 UNSECURED $303,693 $269,788 -12.15% $237,019 TOTAL 595,182,755 $165,601,200 50.14% $248,640,970 Less Base Year $95,182,755 $95,182,755 $95,182,755 INCREMENTAL ASSESSED VALUATION S70,418,445 117.92% $153,458,215 Tax Rate 1.00% 1.00% TAX INCREMENT REVENUE $704,184 117.92% $1,534,582 UNITARY UTILITY REVENUE n/a n/a n/a TOTAL REVENUE $704,184 $1,534,582 ACTUAL REVENUE RECEIVED 000139 TABLE C SUMMARY OF BUILDING PERMIT VALUATION LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 SOURCE CITY OF LAQUINTA BUILDING DEFARTr1ENT RECORDS MONTH 1989 1990 1991 1992 JANUARY $242,300 $5,789,214 S1,621,801 S1,212,307 FEBRUARY SO $150,658 SO SO MARCH S4,473,998 $9,013,821 S1,940,389 51,510,644 APRIL 5306,745 S14,421,205 $2,856,673 $772,994 MAY $595,635 S12,380,638 $2,438,773 $1,983,483 JUNE $7,908,113 S1,016,603 S2,634,986 JULY $382,443 S6,970,580 $471,685 AUGUST $3,015,147 $920,110 SO SEPTEMBER $1,619,633 $4,741,983 $400,102 OCTOBER $9,319,190 S2,854,518 $886,674 NOVEMBER $1,951,857 S360,077 S2,155,318 DECEMBER $387,646 S908,834 S8,163,931 TOTALS S30,202,707 $59,528,241 $23,570,332 S5,479,428 Lquinu\budd92als 1-1u492 000140 APPENDIX B INFORMATION REGARDING THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE 00014T APPENDIX B I INFORMATION REGARDING THE CITY OF LA OUINTA La Quinta General Background For centuries before Columbus, the area which is now La Quinta was the winter home of the Cahuilla Indians. The history of modern La Quinta began with the construction of the La Quints Hotel in 1926, and La Quinta became a retreat for discriminating seclusion -seekers from Hollywood and around the world. It was incorporated as a City in 1982 and today, encompassing an area of 23 square miles, and with a population of 12,950, La Quinta is one of California's fastest growing cities. Surrounded by the Santa Rosa Mountains, La Quinta is home to the PGA West Golf Resort. The desert area attracts a high -end market of over 2 million tourists each year, all with substantial disposable income and the time to shop. As a year-round multi -recreational resort community, it attracts golf and tennis enthusiasts from all over the world. Location. Located in the Coachella Valley, La Quinta is 20 miles from Palm Springs and 127 miles from Los Angeles. Climate. CITY OF LA QUINTA Climate Average Temperature Rain Humidity Period Mn. ° Mean Max. °(Inches) Daffy Average January 37.8 54.1 70.4 .538 April 57.0 72.3 87.5 .1 32 July 76.9 92.1 107.2 .12 37 October 58.7 75.5 92.2 .23 37 Annual 57.2 73.1 89.0 3.38 36 Prevailing winds: Northwest 7 m.p.h. Source: National Weather Service Government and Administration. The City of La Quinta was incorporated on May 1, 1982 and has established a council/manager form of government. The City Council is comprised of five members elected for four-year alternating terms. The mayor is selected from among its membership each year. Currently, an interim City Manager serves the City until the appointment of a full -tune manager by the City Council, anticipated to occur in the fall of 1992. B - 1 000142 Economic Growth and Trends. La Quinta is a resort -oriented community, featuring a major resort hotel, several country clubs and several golf courses. Developments currently being planned are lake and golf -course oriented. Outdoor recreation activities such as hiking and camping are also enjoyed in the area. The community is expanding rapidly as evidenced by the completion of three major country clubs and a fourth under construction. All four projects include housing, condominiums, restaurants, golf and tennis facilities. Retail trade is expanding; a small shopping center has been completed with a grocery store, drug store, several small shops and two restaurants, and an automobile dealership has relocated to La Quinta from Indio. The following chart shows a population comparison among the City of La Quinta, County of Riverside and the State of California during the past seven years. POPULATION COMPARISON (as of January 1) City of County of State of Year La Ouinta Riverside California 1992 14,850 1,289,700 30,989,000 1991 13,050 17231,900 30,321,000 1990 11,827 11110,000 29,473,000 1989 10,200 11024,600 28,701,000 1988 9,275 946,100 271996,000 1987 8,200 915,400 27,662,900 1986 7,175 860,000 27,001,000 Source: State Board of Equalization The following table shows a six year increase in taxable transactions for the City of La Quinta with evidence of continued growth. CITY OF LA QUINTA Taxable Sales ($000) Number Taxable Year of Permits Transactions 19911 203 $36,003 1990 182 66,916 1989 267 349420 1988 112 45,043 1987 114 42,717 1986 100 36,331 1985 99 329486 1984 94 281208 Source: State Board of Equalization Figures quoted are through the second quarter, 1991. 0GO143 The following table shows five years of steady growth in the construction of new residential and non-residential buildings. CITY OF LA QUINTA Building Permit Valuations (Valuations in $000's) 1988 1989 1990 1991 19921 New Residential Single Fam. Dwelling $124,026 $89,639 $128,132 $38,321 $51842 Multi-Fam. Dwelling 0 2,171 9,703 0 0 Alter./Adds. 780 790 623 844 74 Total New Residential $124,806 $92,600 $138,458 $39,165 $5,916 Non -Residential New Commercial $16,023 $ 2,813 $ 18 $ 0 $ 0 New Industrial 0 0 0 0 0 New Other Valuation 27400 22572 41594 3,307 429 Alter./Adds. 118 185 233 71 0 Total Non -Residential $18,541 $ 5,570 $ 4,845 $ 3,378 $ 429 TOTAL VALUATIONS $143,347 $98,170 $1439303 $42,543 $6,345 Source: "California Construction Trends", Security Pacific Bank (and the City of La Quinta for the 1989 and 1990 figures). General Plan/Zoning The land within the City of La Quinta is approximately zoned as follows: Industrial: 0 acres Institutional: 120 acres Commercial: 1,240 acres Residential: 12,320 acres 1. Through March 31, 1992. B - 3 OHM Industry. La Quinta is currently creating master development plans for the 75-acre downtown area. With 66 % remaining to be developed, this La Quinta Corridor is the only large area still open for commercial development on Highway 111 between Palm Springs and Indio. Labor Force. As of June, 1990, the nineteen non -management City -government employees of the City of La Quinta have formed the La Quinta Employee's Association. In July 1985, the City Council adopted Resolution No. 85-56 acknowledging the formation of the Association. The City Manager, serves as the employee relation's officer. The following listing sets forth the top employers in the City of La Quinta CITY OF LA QUINTA Top Private Employers and Number of Employees (as of 1991) Approx. No. Employer of Employees Type of Business Eisenhower Medical Center 1,042 Private medical center Sun World, Inc. 500 Produce processing Marriott Hotel 475 Resort hotel Massey Sand and Rock 350 Ready -mix concrete La Quinta Hotel and Golf Resort 300 Resort hotel JFK Memorial Hospital 300 Private medical center PGA West 200 Golf resort Source: Inland Empire Resource Guide, 1992. 90°01 43 The following table sets forth the ten largest employers located within the Inland Empire: Company Stater Bros, Markets Loma Linda University Medical Center General Dynamics Kaiser Permanente GTE CA, Inc. Rohr Industries Lockheed Aircraft Services San Antonio Community Hospital Press Enterprise Co. Sunkist Growers INLAND EMPIRE Largest Employers (in 1991) Location Product/Service Throughout Supermarket Chain Loma Linda Health Care Rancho Cucamonga Fontana Throughout Riverside Ontario Upland Source: Inland Empire Resource Guide, 1992. Aerospace/Air-craft Health Care Telecommunications Aerospace Aerospace Health Care Newspaper Citrus Products Employees 9,800 4,700 4,500 3,588 3,500 3,300 2,200 1,995 1,400 950 B - 5 00 014q. Direct and Overlapping Bonded Indebtedness The City's direct and overlapping bonded indebtedness is summarized below: CITY OF LA QUINTA STATEMENT OF DIRECT AND OVERLAPPING BONDED DEBT June 22, 1992 1991-92 Assessed Valuation: $491,052,304 (after deducting $1,106,674,392 redevelopment incremental valuation) DIRECT AND OVERLAPPING BONDED DEBT: Riverside County Board of Education Riverside County Building Authorities Riverside County Free Library Authority Desert Community College District Desert Sands Unified School District Authority Coachella Valley County Water District I.D. #55 Coachella Valley County Water District I.D. #58 City of La Quinta City of La Quinta 1915 Act Bonds TOTAL DIRECT AND OVERLAPPING BONDED DEBT % Applicable Debt 3/2/92 0.913 % $80,801 0.913 4,8409763 1.504 69693 3.443 13,772 9.048 12,593,459 71.991 101442,295 4.079 508,447 100.000 -- (1) 100.000 5,260,866 $33,747,096 (2) (1) Excludes issue to be sold (2) Excludes tax and revenue anticipation notes, revenue, mortgage and tax allocation bonds and non - bonded capital lease obligations. Ratios to Assessed Valuation: Direct Debt - % Total Debt 6.87 % Coachella Valley County Water District, I.D. #58................................. $252,898 STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/91: $0 Source: California Municipal Statistics. B-6 000147 The following information reflects the utility providers and transportation facilities that serve the City of La Quinta and the surrounding area. Utilities. CITY OF LA QUINTA Electricity: Imperial Irrigation District Gas: Southern California Gas Company Telephone: General Telephone Water: Coachella Valley Water District Sewer Service: Coachella Valley Water District Transportation. Rail: Southern Pacific - 1 per day Truck: 8 carriers; direct daily service Overnight Delivery To: Los Angeles, San Francisco, San Diego, Phoenix Air: Palm Springs Municipal Airport, 17 miles northwest Education. The educational needs of La Quinta are met by three public elementary schools, one junior high school, and three high schools, all a part of the Desert Sands Unified School District. Post -secondary education is served by College of the Desert, Chapman College, California State University, San Bernardino Extension, Ambitron Computer Technology, Propper College and Professional Career College. Community Services. La Quinta has two Immediate Care facilities and a senior citizens' center within the City limits, with approved plans for expanding medical services to the City. A 112 bed general hospital is located in Indio, 8 miles to the northeast. The City is served by three churches, seven radio stations, two TV channels, one TV cable system, one savings and loan bank, and two full -service banks. Recreational facilities include major resort hotels, several country clubs, several golf courses and Lake Cahuilla Regional Park. The La Quinta Arts Festival and La Quinta Classic Jazz Festival are held annually in March. The Bob Hope Chrystler Classic and the Skins Game are nationally acclaimed golfing events which are held yearly in the City. iM II. INFORMATION REGARDING THE COUNTY OF RIVERSIDE Introduction Riverside County was organized in 1893 from territory in San Bernardino and San Diego counties and encompasses 7,243 square miles. The County is bordered on the north by San Bernardino County, on the east by the State of Arizona, on the south by San Diego and Imperial Counties, and on the west by Orange and Los Angeles Counties. There are 24 incorporated cities in Riverside County. Organization Riverside County is a general law county divided into five supervisorial districts on the basis of registered voters and population. The County is governed by a five -member Board of Supervisors, elected by district. Members serve alternating four-year terms and the chairman is elected by the Board members. County administration includes appointed and elected officials, boards, commissions and committees which assist the Board of Supervisors. The County provides a wide range of services to residents, including police and fire protection, medical and health services, education, library services, judicial institutions and public assistance programs. Some municipal services are provided by the County on a contract basis to incorporated cities within its boundaries. These services are designed to allow cities to contract for municipal services such as police and fire protection without incurring the cost of creating city departments and facilities. Services are provided to the cities at cost by the County. Geography Three distinct geographical areas characterize Riverside County: the western valley area, the higher elevations of the mountains, and the deserts. The western valley and the San Jacinto mountains and the Cleveland National Forest experience the mild climate typical of Southern California. The eastern desert areas experience warmer and drier weather conditions. The following table demonstrates the growth in median household income for the County and two cities in the County: Estimated Median Household Income Year 1989 Percent of Median Households Household over Income $25,000 Year 1990 Percent of Median Households Household over Income $25,000 Palm Springs $29,655 55 $29,229 55 Riverside 33,650 60 36,788 65 Riverside Co. 27,476 54 29,166 56 Source: Donelly Marketing Information Services - Market Profile Analysis 000149) The following table lists the taxable values of cities throughout Riverside County for the fiscal years 1990/91 and 1991/92. CITIES IN RIVERSIDE COUNTY Taxable Values 1989/90-1990/91 (in millions of dollars) Assessed Assessed value Value Cities 1990-91 1991-92 Banning $ 584.49 $ 672.19 Beaumont 285.60 318.89 Blythe 178.38 198.32 Cathedral City 1,389.52 1,578.05 Coachella 288.88 326.84 Corona 4,302.14 4,925.35 Desert Hot Springs 373.78 411.98 Hemet 1,381.77 1,607.26 Indian Wells 1,558.97 1,721.14 Indio 1,027.54 1,102.98 Lake Elsinore 799.72 976.70 La Quinta 1,281.89 1,597.73 Moreno Valley 4,535.95 5,091.97 Norco 770.48 842.57 Palm Desert 3,143.86 3,388.34 Palm Springs 3,777.25 3,991.77 Perris 858.70 1,032.24 Rancho Mirage 2,370.87 2,607.24 Riverside 8,025.59 8,672.89 Temecula 2,220.64 2,612.67 San Jacinto 484.49 600.13 Source: Riverside County Assessor's Office. Building Activity. The following tables provide a summary of building permit valuations and number of new dwelling units authorized in the County (in both incorporated and unincorporated areas) since 1986. The high for single family building permits occurred in 1988. Moreno Valley, Temecula and Coachella Valley are centers of economic activity and have experienced high rates of growth in housing. The rate of growth since 1990 has been substantially less than that experienced in 1987, 1988 and 1989 000150 RIVERSIDE COUNTY Building Permit Valuations (in thousands) 1986 1987 1988 1989 1990 1991 Residential $1,5291954 $1,536,664 $3,179,633 $2,720,802 $1,638,584$1,040,780 Nonresidential 5311158 495,379 494,350 569,804 438,676 368,369 Improvement 97,761 118,699 122,709 168,031 546.164 424,679 Permits TOTAL $2,150,742 $2,150,742 $3,796,692 $3,458,637 $2,618,424$1,833,828 Source: County of Riverside, Department of Building and Safety. RIVERSIDE COUNTY Number of New Dwelling Units (in thousands) 1986 1987 1988 1989 1990 1991 Single Family 14,058 13,899 20,689 229008 129309 7,526 Multifamily 9,885 4,048 5,807 3,692 2,888 926 TOTAL 23,943 179947 35,496 25,700 151197 8,452 Source: County of Riverside, Department of Building and Safety. Employment and Industry The County of Riverside is part of the Riverside -San Bernardino -Ontario Primary Metropolitan Statistical Area ("PMSA") which includes all of Riverside and San Bernardino counties. In addition to varied manufacturing employment, the PMSA has large and growing commercial and service sector employment, as reflected in the following table: 000151 RIVERSIDE-SAN BERNARDINO-ONTARIO PMSA Labor Market Survey (000's) Total All Industries' Agriculture Mining Construction Manufacturing Transportation/Utilities Wholesale Trade Retail Trade Finance, Insurance, Real Estate Services Government 1990 1989 1988 1987 761.6 706.0 648.6 653.8 21.7 23.4 23.3 23.7 1.4 1.4 1.2 1.2 67.5 65.2 51.9 52.6 89.8 88.4 83.4 83.3 35.4 33.0 31.4 31.7 32.4 26.7 22.0 22.0 151.8 142.2 136.6 139.8 32.6 28.7 26.6 26.9 179.5 159.3 147.9 148.4 149.5 137.7 124.3 124.2 Overall, in the past six years, through 1990, total employment rose 33.6 % while population increased 38.6% in Riverside County. As of January 1, 1991, unemployment in the PMSA was 8.1 % compared to 6.6 % for the United States. Labor statistics for Riverside County are not available by industry; however, general unemployment data for Riverside County shows an unemployment rate of 9.7% as of December 1991. Source: State of California Department of Finance and State of California Employment Development Department. Environmental Control Services Water Suooly: The County obtains a large part of its water supply from groundwater sources. As in most areas of Southern California, this groundwater resource is not entirely sufficient to meet demand and is supplemented by imported water. At the present time, the means used are aqueducts, including the Colorado River Aqueduct, the All American Canal, and the California State Water Project. The two largest water districts in the County, the Western Municipal Water District and the Eastern Municipal Water District, were formed for the primary purpose of supplying supplemental water to the cities and agencies within their areas. Flood Control: Primary responsibility for planning and construction of flood control and drainage systems within the County is provided by the Riverside County Flood Control and Water Conservation District and the Coachella Valley Storm Water Unit. Sewage: There are ten wastewater collection and treatment agencies in the west County area, eleven in the Coachella Valley area and six in the Palos Verde area. Most residents in the rural unsewered areas of the County rely upon septic tanks and leach fields as an environmentally acceptable method for sewage disposal. 1. Totals may not add due to rounding. B-11 000152 APPENDIX C AGENCY AUDITED FINANCIAL STATEMENTS (1990/91) 000153 LA QUINTA REDEVELOPMENT AGENCY COMPONENT UNIT FINANCIAL STATEMENTS WITH REPORT ON AUDIT BY INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS JUKE 309 1991 000154 LA QUINTA REDEVELOPMENT AGENCY TABLE OF CONTENTS June 30, 1991 Page Number Independent Auditors' Report 1 General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Groups 2 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types 3 Notes to Financial Statements 4 - 15 Supplementary Information: Combining Balance Sheet - All Capital Project Funds lb Combining Statement of Revenues, Expenditures and Changes in Fund Balances - All Capital Project Funds 17 Combining Balance Sheet - All Debt Service Funds W' Combining Statement of Revenues, Expenditures and Changes in Fund Balances - All Debt Service Funds 19 Independent Auditors' Report on Compliance with Audit Guidelines for California Redevelopment Agencies 20 000155 ing -> 12 NOTEXTPAGE BIB] 03-05-1999-U01 10:47:36AM-U01 ADMIN-U01 RDA-U02 09-U02 15-U02 1992-U02 LA QUINTA REDEVELOPMENT AGENCY COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS June 30, 1991 Governmental Fund Types Account Groups Totals Capital Debt General Long Term (Memorandum Projects Service Fixed Asset Debt Only) ASSETS: Cash and temporary investments (Notes lc and 3) $ 6,620,866 Tax increment receivable (Note 4) 35,797 Accrued interest receivable - Due from other governmental agencies 364,861 Restricted assets: Cash with fiscal agent (Notes 3 and 6) - General fixed assets (Notes la and 9) - Amount available for debt service - Amount to be provided for retirement of long-term debt - TOTAL ASSETS 7 021 24 LIABILITIES AND FUND EQUITY LIABILITIES: Accounts payable $ Due to other governmental agencies Bonds payable (Notes 8a and 8b) Due to County of Riverside (Note 8c) Notes payable to School Districts (Notes 8d and 8e) Loan payable to City of La Quinta (Note 8g) Notes payable to individuals $ 3,048,609 $ - 181,315 - 153,573 - 753,934 - 5,981,652 $ - $ 9,669,475 217,112 153,573 364,861 753,934 - 5,981,652 3,800,007 3,800,007 53,383,508 53,383,508 14,137,431 5 9S 81.652 1 57,183,515 174 298,012 $ - $ - $ - $ 298,012 - 337,424 - - 337,424 - 26,850,000 26,850,000 - 6,007,041 6,007,041 18,270,632 18,270,632 2,672,342 2,672,342 (Note 8f) - - - 3,383,500 3,383,500 TOTAL LIABILITIES 298,012 337,424 - 57,183,515 57,818,951 FUND EQUITY: Investment in general fixed assets Fund balances (Notes 7 and 8): Reserved for capital projects Reserved for debt service TOTAL FUND EQUITY 5,981,652 6,723,512 - - 3,800,007 6,723,512 3,800,007 5,991,652 5,981,652 6,723,512 3,800,007 16,505,171 TOTAL LIABILITIES AND FUND EQUITY 7,0213524 _ 4 137 431 5 981 652 $ 57,183,515 $ 74,324,122 See independent auditors' report and notes to financial statements. -2- 000157 LA QUINTA REDEVELOPMENT AGENCY COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES For the year ended June 30, 1991 Totals Capital Debt (Memorandum I!Miects Service Only) REVENUES: Tax increment revenue (Note 4) $ 1,5447169 Interest income 160,520 Miscellaneous 2,901 TOTAL REVENUES 1,707,590 EXPENDITURES: Trustee fees 339879 Administrative (Note 5) 453,881 Professional and consulting services 1397629 Project costs 995357068 Pass through to other agencies (Note 4b) - Debt Service: Interest (Notes lb and 8) - Principal retirement (Note 8) ' Payment on loans from City (Note 89) - TOTAL EXPENDITURES 10.162.457 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES): Loans from City (Note 8g) Proceeds from notes (Note 8f) Operating transfers in Operating transfers out TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND CIPHER USES FUND BALANCES, JULY 1, 1990 FUND BALANCES, JUNE 30, 1991 8,3962383 $ 9,940,552 541,807 702,327 2.901 8,938,190 10,645,780 339,057 2,135,956 17165,430 7,808,973 11,449,416 33,879 4539881 1397629 9,535,068 339,057 27135,956 111657430 7,808,973 21,611,873 (8,454.867) (2,511,226) (10.966.093) 7,99%112 3,383,500 160,764 (160,764) 482,308 89481,420 - 3,383,500 160,764 (160,764) 11,382,612 482,308 ll.864.920 2,927,745 (2,028,918) 898,827 3,795,767 5,828,925 9,624,692 $ 6,723,512 $ 3,800,007 $ 10,5�23.519 See independent auditors' report and notes to financial statements. -3- O00158 LA QUINTA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS June 30, 1991 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: a. Description of funds and account groups: The accounts of the La Quinta Redevelopment Agency (the Agency) are organized on the basis of funds and account groups, each of which is considered a separate accounting entity with a self -balancing set of accounts. The funds and account groups used in the accompanying financial statements and described below are those specified for governmental units by the Governmental Accounting Standards Board (GASB). Capital Projects Funds: Capital Projects Funds are established to account for debt proceeds available for project improvements and interest income on invested funds. The funds are expended primarily for administrative expenses and redevelopment project costs. Included as a Capital Projects Fund is the low income housing fund which accounts for taxes which are allocated by the Agency pursuant to the California Health and Safety Code. These funds shall be used by the Agency for the purpose of providing affordable housing. Under provisions of the Health and Safety Code, Capital Projects Funds are referred to as "Redevelopment Funds". Debt Service Funds: Debt Service Funds are established to account for tax increment revenues, bond proceeds required to be set aside for future debt service and related interest income. The funds are used to repay principal and interest on indebtedness of the Agency. Under provisions of the Health and Safety Code, such funds are referred to as "Special Funds". General Fixed Assets Account Group: General fixed assets of the Agency are recorded as expenditures in the Capital Projects Funds at time of purchase, and are then recorded for memorandum purposes in the General Fixed Asset Account Group. These fixed assets are capitalized at historical cost. No depreciation is provided on general fixed assets. Long -Term Debt Account Group: The Long Term Debt Account Group is used to account for bonds payable and other long-term indebtedness of the Agency. See independent auditors' report. -4- 000159 LA QUINTA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): b. Basis of Accounting: The modified accrual basis of accounting is used for all funds of the Agency. Revenues are recognized when they become measurable and available to finance expenditures of the current period. Accrued revenues include tax increment revenue and accrued interest on investments. Expenditures are recorded when the related liability is incurred, except that principal and interest payments on long-term debt are recorded as expenditures when due. Accrued interest on amounts due to the County of Riverside is reported in the long-term debt account group. c. Investments: Investments are stated at cost, or amortized cost, which approximates market value. (See Note 3). d. Bond Discounts and Bond Issue Costs: As described at Note lb. above, interest on bonds payable is not accrued, but rather is recorded as an expenditure when due. Consistent with this policy, discounts on the sale of bonds and bond issue costs are recorded as expenditures when paid in the year the bonds are issued. e. Budgetary Reporting: The budgets of the Agency are primarily "long-term" budgets which emphasize major programs and capital outlay plans extending over a number of years. Because of the long-term nature of projects, annual budget comparisons are not considered meaningful, and accordingly, no budgetary information is included in the accompanying financial statements. f. Measurement Focus: All governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that generally only current assets and current liabilities are included on their balance sheets. Statements of revenue, expenditures and changes in fund balances for governmental funds generally present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. See independent auditors' report. -5- 000160 LA QUINTA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): g. Total Columns on Combined Statements: Total columns on the financial statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis and such data is not comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. 2. HISTORY AND ORGANIZATION: The Agency was activated on July 5, 1983. The primary purpose of the Agency is to eliminate blight through the process of redevelopment. On November 29, 1983 the City Council approved and adopted the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 1. On May 16, 1989, the City Council approved and adopted the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2. These plans provide for the elimination of blight and deterioration which was found to exist in the project areas. The Coachella Valley Water District is jointly financing projects with the Agency to help prevent the potential flooding of the project areas. 3. CASH AND INVESTMENTS: Authorized Investments: Under provisions of the Agency's Investment Policy, and in accordance with Section 53601 of the California Government Code, the Agency may invest in the following types of investments: U. S. Treasury Bills, Notes or Bonds Federal Agency Obligations Bankers Acceptances Bonds Issued by the City of La Quinta Negotiable Certificates of Deposit or La Quinta Redevelopment Agency Repurchase Agreements California Local Agency Investment California County Investment Pools Fund California Local Agency Investment Fund (LAIF): The LAIF is a special fund of the California State Treasury through which local governments may pool investments. The Agency may invest up to $15,000,000 in the fund. Investments in LAIF are highly liquid, as deposits can be converted to cash within 24 hours without loss of interest. See independent auditors' report. _� 000161 LA QUINTA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 3. CASH AND INVESTMENTS (CONTINUED): Allocation of Interest Income Among Funds: Interest is allocated on a quarterly basis based on the weighted average balances of cash and investments in each fund. Classification of Deposits and Investments By Credit Risk: Deposits and investments are classified into three categories of credit risk. These categories are as follows: Deposits: Category 1 - Deposits which are insured by FDIC, FSLIC, a state depository insurance fund or a multiple -financial institution collateral pool, or deposits which are collateralized with securities held by the Agency or the Agency's agent in the Agency's name. Category 2 - Deposits which are collateralized with securities held by the pledging financial institutions trust department in the Agency's name. Category 3 - Deposits which are uncollateralized, or collateralized but the pledged securities are not held in the Agency's name. Investments: Category 1 - Investments which are insured by SIPC, or where the securities are held by the Agency or the Agency's agent in the Agency's name. Category 2 - Investments which are uninsured, where the securities are held by the purchasing financial institution's trust department or agent in the Agency's name. Category 3 - Investments which are uninsured, where the securities are held by the purchasing financial institution's trust department or agent, but not in the Agency's name. See independent auditors' report. -7- 000162 LA QUINTA REDEVELOPMENT AGENCY 3. 4 NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 CASH AND INVESTMENTS (CONTINUED): Deposits and investments were categorized as follows at June 30, 1991: Deposits: Banks: Demand Accounts Investments: Money Market Fiscal Agent Investments California Local Agency Investment Fund (LATE) Category Carrying Market 1 2 3 Amount Value $ 100,000 $ 68,205 $ - 1839088 $ 168,205 $ 168,205 183,088 1839088 753,934 753,934 753,934 100,000 1 68,205 $937,022 1,105,227 1,105,227 Total Cash and Investments Add: Deposits in transit Less: Outstanding checks Book Balance 10,114,227 $10.1® 4459062 (135,880) 10 423 409 Cash and investments are reported in the accompanying combined balance sheet as follows: Cash and investments - unrestricted $ 9,669,475 Cash and investments with fiscal agent -restricted 753,934 $10,423,409 TAX INCREMENT FINANCING AND RELATED RECEIVABLES: The Agency's primary source of revenue comes from property taxes, referred to in the accompanying financial statements as "tax increment revenue". Property taxes allocated to the Agency are computed in the following manner: a. The assessed valuation of all property within the project area is determined on the date of adoption of the Redevelopment Plan. See independent auditors' report. -8- 000161, LA QUINTA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 4. TAX INCREMENT FINANCING AND RELATED RECEIVABLES (CONTINUED): b. Property taxes related to the incremental increase in assessed values after the adoption of the Redevelopment Plan are, except where otherwise provided by specific agreement, allocated to the Agency; all taxes on the "frozen" assessed valuation of the property are allocated to the City and other taxing agencies. For the year ended June 30, 1991 other agencies received through specific agreements a total of $339,057 in tax increment revenue otherwise allocated to the Agency. The Agency has no power to levy and collect taxes and any legislative property tax de -emphasis might reduce the amount of tax revenues that would otherwise be available to pay debt service. Broadened property tax exemptions could have a similar effect. Conversely, any increase in the tax rate or assessed valuation, or any reduction or elimination of present exemptions would increase the amount of tax revenues that would be available to pay debt service. The tax increment receivable of $217,112 represents assessments attributableto the fiscal year ended June 30, 1991 that were remitted to the Agency by the County of Riverside after the year end. 1' ul ►II ul ►Illii Pursuant to the terms of a reimbursement agreement, the Agency has reimbursed the City $331,689 for the use of City personnel during the past year. This amount is included in the administrative expenditures of the Capital Projects Funds. 6. RESTRICTED ASSETS: Certain assets are held by a fiscal agent and are restricted in their use to the retirement of principal and interest on bonds (see Notes 8a and 8b), and are not available for use by the Agency for any other purpose. 7. FUND BALANCE RESERVES: The Agency established "reserves" of fund equity to segregate fund balances which are not appropriable for expenditure in future periods, or which are set aside for a specific future use. See independent auditors' report. -9- 00016.1 LA QUINTA REDEVELOPMENT AGENCY 7. H NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 FUND BALANCE RESERVES (CONTINUED): At June 30, 1991, the Agency had reserved the entire fund balance of the Debt Service Funds in accordance with state law, which requires that all tax increment revenues be used solely to service debt. At June 30, 1991, the Agency reserved the entire fund balance of the Capital Projects Funds to indicate that the related assets were set aside for capital projects. LONG-TERM DEBT: Changes in long-term debt during the year ended June 30, 1991 were as follows: Tex Allocation Bonds Due to County of Riverside Notes payable: Desert Sands Unified School District Coachella Valley Unified School District Individuals Loan payable to City of La Quinta Total June 30, June 30, 1990 Additions Payments 1991 $ 272370,000 $ - 4,3069642 1,700,399 2,626,369 1,005,651 1,5467671 13,7379371 - 32383,500 $ 52%000 $ 26,850,000 6,007,041 117,880 3,514,140 5271550 14,756,492 - 3,383,500 1,999,895 8,481,420 7,808,973 2,672,342 137,849,577 4=_ $ 28� 1 $ 8,9�403 $ 57�183,5®15 Unpaid accrued interest and subventions due to the County of Riverside, the Desert Sands Unified School District and the Coachella Valley Unified School District in the amounts of $17700,399, $1,005,651 and $13,737,371 respectively have been added to long-term debt. However, these amounts have not been included as expenditures for the year ended June 30, 1991. See independent auditors' report. -10- 000167) LA QUINTA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 LONG-TERM DEBT (CONTINUED): a. Tax Allocation Bonds, Series 1989: On January 1, 1989, the Agency issued the La Quinta Redevelopment Project 7hx Allocation Bonds, Series 1989 (the "1989 Bonds") in the amount of $8,000,000. The bonds were issued in denominations of $5,000 or any multiple thereof, with principal due annually September 1, beginning in 1989, and interest payable semi-annually, on March 1 and September 1. Interest rates range from 6.2 % to 7.6 % per annum. Bonds maturing on or after September 1, 1999 are subject to redemption, at the option of the Agency, as a whole or in part, on any interest payment date, on or after September 1, 1998, at a redemption price equal to the principal amount, plus accrued interest, plus a premium of 1/2% to 2%. Bonds maturing on September 1, 2012 are subject to mandatory redemption, in part from sinldng account payments on September 1, 2001 and on each September 1, thereafter, through September 1, 2012, at a prepayment price equal to 100% of the principal amount plus accrued interest. The proceeds of the Bonds were used for flood control improvements. The following is a schedule of future debt service payments for the Bonds: Year Ending June 30. 1992 1993 1994 1995 1996 1997-2013 Total Principal $ 145,000 1552000 1657000 180,000 190,000 6.705.000 $ 7,540,000 Interest $ 582,203 572,186 561,263 54%270 5369225 5,495,910 $$ 8,297,057 Total $ 727,203 727,186 726,263 729,270 7267225 12.200.910 $ 15�i 837_ Under terms of the issue, a minimum of $727,203, the maximum annual debt service amount, is to be set aside in reserve funds. A total of $753,934 was set aside at June 30, 1991. See independent auditors' report. -11- 0oo166 LA QUINTA REDEVELOPMENT AGENCY E NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 LONG-TERM DEBT (CONTINUED): b. Thx Allocation Bonds, Series 1990: On April 1, 1990 the Agency issued the La Quinta Redevelopment Project 'Pax Allocation Bonds, Series 1990 in the amount of $19,695,000. A portion of the proceeds were used to refund 1985 Tax Allocation Bonds. The bonds were issued in denominations of $5,000 or any multiple thereof, with principal due annually September 1, beginning in 1990, and interest payable semi-annually on March 1 and September 1. Interest rates range from 5.8 % to 6.8 % per annum. Bonds maturing on September 1, 2005 and September 1, 2012 are subject to redemption, at the option of the Agency, as a whole or in part, on any interest payment date, on or after September 1, 2000, at a redemption price equal to the principal amount, plus accrued interest, plus a premium of 1/2% to 2%. Bonds maturing on September 1, 2005 and September 1, 2006 are subject to mandatory redemption, in part from sinldng account payments on September 1, 2001 and September 1, 2006, respectively, and each September 1, thereafter, through September 1, 2005 and September 1, 2012, respectively, at a premium price equal to 100% of the principal amount plus accrued interest. The following is a schedule of future debt service payments for the Bonds: Year Ending June 30, Principal 1992 $ 405,000 1993 4309000 1994 460,000 1995 485,000 1996 520,000 1997-2013 17 10.000 Total $ 19,310,000 See independent auditors' report. Interest Total $ 1,434,835 $ 1,839,835 114097355 128397355 1,381,535 1,841,535 1,351,767 19836,767 1,319,853 1,839,853 13,855,855 30,865,855 $ 20,753,200 $$ 40,063,2�00 -12- 01-P1167 LA QU IN 1A xn1u-m v U %JrIvLG11 1 %- 1 NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 8. LONG-TERM DEBT' (CONTINUED): b. Tax Allocation Bonds, Series 1990 (Continued): Under terms of the issue, the maximum annual debt service amount of $1,839,835, is to be set aside in reserve funds unless the Agency elects to maintain the reserve requirement by obtaining a letter of credit for the amount. The Agency has obtained such a letter of credit. C. Due to County of Riverside: Based on an agreement dated November 29, 1983 between the Agency, the City of La Quinta and the County of Riverside (County), the Agency shall repay to the County fifty percent of tax increment received which would have been retained by the County if the Agency did not exist. These repayments are subordinate to certain debt service of the Agency and exclude amounts allocated to the low income housing fund. The repayments will begin when certain conditions of the bond indenture agreement have been met. Unpaid balances accrue interest at 10 % per annum. The total amount payable to the County under this agreement at June 30, 1991 is $6,007,041 including $466,649 of current year accrued interest. This amount has been recorded in the long-term debt account group. From the remaining fifty percent of tax increment revenue, the Agency shall set aside related required amounts in the low income housing fund. Then, the Agency will pay debt and expenditures of no more than $3,000,000 annually and $10,000,000 total on mutually agreeable project costs. The County is to receive the remainder of this 50% share after these payments are made. No amounts are due under this provision at June 30, 1991. d. Notes Payable to Desert Sands Unified School District: Based on an agreement dated June 21, 1988 between the Agency, the City of La Quinta and the Desert Sands Unified School District (District), the Agency shall identify all tax increment revenue received by the Agency that the District would have received in the absence of a redevelopment plan. This tax increment will then be paid to the District over a payment schedule from June 29, 1988 to July 1, 1998 in amounts ranging from $21,505 to $547,505 for a total amount of $4,132,020. Or, alternatively, such tax increment revenues plus interest accrued required by this agreement may be retained by the Agency to pay on behalf of the District principal and interest on loans, construction projects or money advanced to finance a sports complex and related amenities as specified by the District. The District's allocable share of tax increment from the County for the fiscal year ended June 30, 1991 totaled $1,005,651. See independent auditors' report. -13- 000168 LA QUINTA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 LONG-TERM DEBT (CONTINUED): e. Note Payable to Coachella Valley Unified School District: An agreement was entered into in 1991 between the Agency, the City of La Quinta and the Coachella Valley Unified School District (District) which provides for the payment to the District of a portion of tax increment revenue that the District would have received in the absence of a redevelopment plan. Such payments are subordinated to other indebtedness of the Agency incurred in furtherance of the Redevelopment Plan. The District agrees to use such funds to provide classroom and other construction costs, site acquisition, school busses or expansion or rehabilitation of current facilities. The following is a schedule of future debt service payments: Year Ending June 30. 1992 $ 353,699 1993 730,081 1994 7767353 1995 6249474 1996 474,517 1997-2012 11,797,368 $ 14�7;6 492 f. Notes Payable to Individuals: In the fiscal year ended June 30, 1991, the Agency purchased several parcels of land from individuals and as a result incurred $3,383,500 of outstanding debt. Interest on the notes ranges from 9 % to 10.5 % per annum and is payable monthly and quarterly. The following is a schedule of future debt service payments for the notes: Year Ending June 30, Principal 1992 $ 17177,000 1993 543,300 1994 415,800 1995 415,800 1996 415,800 1997 415,800 See independent auditors' report. $ 3.383.500 Interest Total $ 307,134 $ 1,484,134 200,738 744,038 150,804 566,604 112,266 528,066 74,844 490,644 37.422 453,222 $ 883.208 $ 4.266.708 -14- 000169 LA QUINTA REDEVELOPMENT AGENCY K, 7 NOTES TO FINANCIAL STATEMENTS (Continued) June 30, 1991 LONG-TERM DEBT (CONTINUED): g. Loans Payable to the City of La Quinta: The City of La Quinta periodically makes operating advances to the Agency. There is no fixed repayment schedule on these loans. The following is a summary of the changes in the loan balance for the year ended June 30, 1991: Balance, July 1, 1990 $ 119992895 Additional advances 8,481,420 Accrued interest 2082916 Payments of principal (7,808,973) Payments of interest (208,916) Balance, June 30, 1991 $ 2$ 2 h. Pledged Tax Revenues: All tax revenues received by the Agency other than the amount required by law to be deposited in a low and moderate income housing fund, are required to be deposited in a Special Fund to be used to meet debt service requirements of the bond indentures before any payments may be made on other obligations of the Agency. CHANGES IN GENERAL FIXED ASSETS: The Agency purchased land during the year for $5,372,978 which will be used for parking facilities. A summary of general fixed assets transactions for the fiscal year ended June 30, 1991 is as follows: Balance Balance July 1, 1990 Additions Deletions June 30. 1991 Land $$ 6�10,455 $ 5,37�2,978 $ 1.781 $ 5,981,6 22 See independent auditors' report. -15- 000170 SUPPLEMENTARY INFORMATION O00171 LA QUINTA REDEVELOPMENT AGENCY COMBINING BALANCE SHEET - ALL CAPITAL PROJECT FUNDS June 30, 1991 PROJECT PROJECT AREA NO, 1 AREA NO, 2 Flood Law Flood Low Control Income Control Income Projects Housing Proiects Housing Totals ASSETS Cash and temporary investments $ 4,074,682 Tax increment receivable - Due from other governmental agencies 364,861 TOTAL ASSETS 4 439 543 $ 27359,967 $ 10,872 23,311 - 2,383,278 $0,10 8_72 $ 175,345 $ 6,620,866 12,486 35,797 364,861 187,831 $ 7,021,524 LIABILITIES AND FUND BALANCE LIABILITIES: Accounts payable $ 293,573 $ 1,367 $ 3,072 $ - $ 298,012 FUND BALANCE: Reserved for capital projects 4,145,970 2.381.911 7.800 187.831 6.723.512 TOTAL LIABILITIES AND FUND BALANCE 14,432,543 $2,383,278 10,872 1, 8�31 $7,021,524 -16- 000172 LA QUINTA REDEVELOPMENT AGENCY COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL CAPITAL PROJECT FUNDS For the year ended June 30, 1991 PROJECT PROJECT AREA NO, 1 AREA NO. 2 Flood Low Flood Low Control Income Control Income Proiects Housing Proigcts Housing Totals REVENUES: Tax increment revenue $ - $1,356,338 $ - $ 187,831 $ 1,544,169 Interest income 160,520 - - - 160,520 Miscellaneous revenue 1,781 1.120 - - 2.901 TOTAL REVENUES 162,301 1,357,458 - 187,831 1,707,590 EXPENDITURES: - 33,879 Trustee fees Administrative 33,879 376,033 - - - 77,848 - 453,881 Professional and consulting services - 61,287 78,263 79 139,629 Project costs 4.260,323 603,079 4,669,964 1,702 9,535,068 TOTAL EXPENDITURES 4,670,235 664,366 4,826,075 1,781 10_162,457 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 14.507.934) OTHER FINANCING SOURCES (USES): Loans from City 5,742,965 Proceeds from note - operating transfers in 160,764 Operating transfers out 693,092 (4,826,075) 186,050 (8,454,867) 650,588 1,602,608 - 3,383,500 (7,361) (152,233) 2,951 7,999,112 - 3,383,500 160,764 1 170 (160.764) TOTAL OTHER FINANCING SOURCES (USES) 5,903,729 643,227 4,833,875 1.781 11.382.612 EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER U"ES 1,395,795 1,336,319 7,800 187,831 2,927,745 FUND BALANCES, JULY 1, 1990 2.750.175 FUND BALANCES, JUNE 30, 1991 4 1$ 1,045,592 2 3$� 7 800 3.795.767 17 83183$ 6�72 -17- 000173 LA QUINTA REDEVELOPMENT AGENCY COMBINING BALANCE SHEET - ALL DEBT SERVICE FUNDS June 30, 1991 ASSETS Cash and temporary investments Tax increment receivable Accrued interest receivable Restricted Assets: Cash with fiscal agent TOTAL ASSETS LIABILITIES AND FUND BALANCE LIABILITIES: Due to other governmental agencies FUND BALANCE: Reserved for debt service TONAL LIABILITIES AND FUND BALANCE Project Project Area Area No. i No. 2 Totals $ 2,347,228 $ 701,381 $ 3,048,609 131,372 49,943 181,315 153,573 - 153,573 753,934 - 753,934 $ 3,386,107 751,324 4,137431 $ 82,397 $ 255,027 $ 337,424 3,303,710 496,297 3,800,007 $$ 3�_ $tee: 1 41741 -18- 0 0� 17-4 LA QUINTA REDEVELOPMENT AGENCY COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL DEBT SERVICE FUNDS For the year ended June 30, 1991 REVENUES: Tax increment revenue Interest income TOTAL REVENUES EXPENDITURES: Pass through to other agency Interest Principal retirement Payments on loans from city TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES: Loans from city EXCESS OF REVENUES AND CIPHER SOURCES OVER (UNDER) EXPENDITURES FUND BALANCES, JULY 1, 1990 FUND BALANCES, JUNE 30, 1991 Project Project Area Area No, 1 No. 2 Totals $ 7,645,060 $ 751,323 $ 8,396,383 541,807 541,807 8,186,867 751,323 8,938,190 82,399 256,658 339,057 2,115,080 20,876 2,135,956 1,165,430 - 1,165,430 7,796,615 12,358 7,808.973 11,159,524 289,892 11,449,416 (2,972,657) 461,431 (2,511,220 447,442 34 6 482,308 (2,525,215) 496,297 (2,028,918) 5,82&925 - 5,82811 $$ 3,303,710 $ 496,297 $$ 3 01001175 50 LA QUINTA REDEVELOPMENT AGENCY August 20, 1991 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH AUDIT GUIDELINES FOR CALIFORNIA REDEVELOPMENT AGENCIES In connection with our audit of the general purpose financial statements of the La Quinta Redevelopment Agency for the year ended June 30, 1991, we have performed, to the extent applicable, the tests of compliance as required by Health and Safety Code Section 33080.1 and Sections I through V of the "Guidelines for Compliance Audits of California Redevelopment Agencies" issued by the State Controller's Office. Based on the above auditing procedures, we noted no instances of noncompliance with the laws, regulations and administrative requirements governing special activities of the Agency for the year ended June 30, 1991. [)ZdZI &ja*a avwf— OW -20- 000176. APPENDIX D CITY OF LA QUINTA LA QUINTA REDEVELOPMENT AGENCY SUMMARY OF ANNUAL BUDGETS 000177 APPENDIX E SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE 000178 U99D10111►i�! SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE The following is a summary of certain provisions of the Indenture and does not purport to be complete. Reference is hereby made to the Indenture for further particulars. Copies of the Indenture are available from the Agency upon request. All capitalized terms used herein, and not otherwise defined, shall have the same meaning as used in the Indenture. References to the Bonds under this caption shall also include Parity Bonds, as appropriate. Creation of Funds and Accounts The Indenture provides for the continuance with the City Treasurer of a fund called the "La Quinta Redevelopment Project Area #2, Redevelopment Fund (the "Redevelopment Fund"). The Indenture also provides for the creation of the following funds and accounts with the Trustee: (1) a trust fund known as the "La Quinta Redevelopment Project Area #2, Special Fund" with special trust accounts contained therein known as i) the "Interest Account"; ii) the "Principal Account"; iii) the "Reserve Account"; and iv) the "Surplus Account"; (2) a trust fund called the "Cost of Issuance Fund"; (3) a trust fund called the "Redevelopment Escrow Fund"; and (4) a trust fund called the "Rebate Fund". Each Fund and Account (other than the Redevelopment Fund) shall be maintained by the Trustee as a separate and distinct trust fund or account to be held, managed, invested, disbursed and administered as provided in the Indenture. The Redevelopment Fund The Redevelopment Fund has been created under the Indenture. Monies in the Redevelopment Fund may be used for the purpose of fmancing a portion of the costs of the Project and for other costs related thereto. If any sum remains in the Redevelopment Fund after the full accomplishment of the objectives and purposes for which the Bonds are to be issued, said sum shall be transferred to the Special Fund. Debt Service Reserve Fund The Agency may elect to maintain the Reserve Requirement by obtaining (i) a letter of credit, (ii) a surety bond, or (iii) a policy of insurance (in each case rated in the highest rating category by each rating agency which rates the Bonds at such time and provided that upon the expiration of the letter of credit, if not extended, the Agency will obtain a substitute letter of credit, a surety bond, or a policy of insurance as provided in the Indenture, or deposit cash in the Debt Service Reserve Fund), in an amount which, together with any funds on deposit in the Reserve Account, will guarantee to the Agency the full amount of the Reserve Requirement at such times as all or any portion of the Reserve Requirement is needed for transfer to the Interest Account and/or the Principal Account as provided in the Indenture. The Agency shall direct the Trustee to acquire such Alternate Reserve Account Security and, upon such E - 1 000179 substitution of moneys in the Reserve Account for the Reserve Account Security, shall be entitled to receive all moneys then held in the Reserve Account free and clear of the lien of the Indenture. Investment of Funds All moneys held by the Trustee Agent in the Special Fund and the Accounts therein (other than the Reserve Account), the Costs of Issuance Fund and the Redemption Fund shall be invested and reinvested by the Trustee in Permitted Investments, provided that such investments mature by their terms prior to the date on which such moneys are required to be paid under the Indenture. The Trustee "Permitted Investments" is defined in the Indenture to mean: Rebate Fund The Agency will calculate Rebatable Arbitrage within 55 days following the end of each Bond Year. The Rebatable Arbitrage will be deposited into the Rebate Fund. At the direction of the Agency, the Fiscal Agent shall pay ninety percent (90 %) of the Rebatable Arbitrage to the United States government not later than sixty (60) days after the end of the fifth Bond Year and with subsequent payments to be made not later than five (5) years after the preceding payment was due. Not later than sixty (60) days after the retirement of the Bonds, the Fiscal Agent shall pay one hundred percent (100%) of the unpaid Rebatable Arbitrage of the bonds to the United States government. Certain Covenants (a) The Agency will diligently carry out and continue to completion, with all practicable dispatch, the Project in accordance with its duty to do so under and in accordance with the Law and the Redevelopment Plan and in a sound and economical manner. The Redevelopment Plan may be amended as provided in the Law but no amendment will made unless it will not substantially impair the security of the Bonds or the rights of the Bondowners, as shown by an Opinion of Counsel, based upon a certificate or opinion of an Independent Financial Consultant appointed by the Agency. (b) The proceeds of the sale of the Bonds will be deposited and used as provided in the Indenture and any supplemental resolution and the Agency will manage and operate all properties owned by it and comprising any part of the Project in a sound and businesslike manner. (c) The Agency will not issue any obligations payable, either as to principal or interest, from the Pledged Tax Revenues which have, or purport to have, any lien upon the Pledged Tax Revenues prior or superior to the lien of the Bonds. Except as permitted by the Indenture, it will not issue any obligations, payable as to principal or interest, from the Pledged Tax Revenues, which have, or purport to have, any lien upon the Pledged Tax Revenues on a parity with the Bonds. Notwithstanding the foregoing, nothing in the Indenture will prevent the Agency (i) from issuing and selling pursuant to law, refunding obligations payable from and having any lawful lien upon the Pledged Tax Revenues, if E-2 000180 such refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of the outstanding Bonds or Parity Bonds, or (ii) from issuing and selling obligations which have, or purport to have, any lien upon the Pledged Tax Revenues which is junior to the Bonds or (iii) from issuing and selling Bonds or other obligations which are payable in whole or in part from sources other than the Pledge Tax Revenues. "Obligations" includes, without limitation, bonds, notes, interim certificates, debentures or other obligations. (d) The Agency will duly and punctually pay or cause to be paid the principal of and interest on each of the Bonds issued under the Indenture on the date, at the place and in the manner provided in the Bonds. (e) The Agency will from time to time pay and discharge, or cause to be paid and discharged, all payments in lieu of taxes, service charges, assessments or other governmental charges which may be lawfully be imposed upon the Agency or any of the properties then owned by it in the Project Area, or upon the revenues and income therefrom, and will pay all lawful claims for labor, materials and supplies which if unpaid might become a lien or charge upon any of said properties, revenues or income or which might impair the security of the Bonds or the use of Pledged Tax Revenues or other legally available funds to pay the principal of and interest thereon, all to the end that the priority and security of the Bonds shall be preserved, provided, however, the nothing in this covenant shall require the Agency to make any such payment so long as the Agency in good faith shall contest to the validity thereof. (f) The Agency will at all times keep, or cause to be dept, proper and current books and accounts (separate from all other records and accounts) in which complete and accurate entries will be made of all transactions relating to the Project and the Pledged Tax Revenues and other funds relating to said Project, and will prepare within one hundred and eighty (180) days after the close of each of its fiscal years a complete financial statement or statements for such year in reasonable detail covering such Project and the Pledged Tax Revenues and other funds, accompanied by an opinion on an Independent Certified Public Accountant appointed by the Agency, and will furnish a copy of such statement or statements to the Fiscal Agent, the original purchaser(s) of the Bonds (in the case of a syndicate, the manager thereof), and any relating agency which maintains a rating on the Bonds, and upon written request, to any Bondowner. Each annual budget that may be prepared by the Agency shall be sent to the Insurer following adoption. (g) If all or any part of the Project Area should be taken from it without its consent, by eminent domain proceedings or other proceedings authorized by law, for any public or other use under which the property will be tax exempt, the Agency will use its best efforts to have the base assessment of said property as shown on said base assessment roll. (h) The Agency will not dispose of more than ten percent (10%) of the land area in the Project Area (except property shown in the Plan in effect on the date the Indenture is adopted as planned for public use, or property to be used for public streets, public off street parking, sewage facilities, parks, easements or right-of- way for public utilities, or other similar uses) to public bodies or other persons or entities whose property is tax exempt, unless such disposition will not result in the security of the Bonds or the rights of Bondholders being substantially E - 3 000181 impaired, as shown by an Opinion of Counsel, based upon the certificate or opinion of an Independent Financial Consultant appointed by the Agency. (i) The Agency agrees to file annually with the County Auditor a statement of indebtedness as provided in Section 33675 of the Law. Taxation of Leased Property Whenever any property in the Project Area has be redeveloped and thereafter is leased by the Agency to any person or persons (other than a public agency) or whenever the Agency leases real property in the Project Area to any person or persons (other than a public agency) for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, as required by the Law, and the lease or contract shall provide (a) that the lessee shall pay taxes upon the assessed value of the entire property and not merely upon the assessed value of his or its leasehold interest, and (b) that if for any reason the taxes levied on such property in any year during the term of the lease or contract are less than the taxes which would have been levied if the entire property had been assessed and taxed in the same manner as privately owned property, the lessee shall pay the difference to the Agency within thirty (30) days after the taxes for such year become payable to the taxing agencies and in no event later than the delinquency date of such taxes established by law. All such payments shall be treated as Tax Revenues, and when received by the Agency shall be deposited in the Special Fund. Events of Default (1) Default in the due and punctual payment of any installment of interest on any Bond or any Parity Bond when and such interest installment shall become due and payable and such default shall have continued for a period of thirty (30) days; (2) Default in the due and punctual payment of the principal of any Bond or any Parity Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (3) Default made by the Agency in the observance of any of the covenants, the agreements or conditions contained in the Indenture, in the Bonds or the Parity Bonds, and such default shall have continued for a period of thirty (30) days following written notice to the Agency; (4) The Agency shall file a petition or answering seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the Agency, seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Agency or of the whole or any substantial part of its property. In each and every event of default described in (1) or (2) above the Trustee shall, with the consent of the Insurer, and in each and every case of default described in (3) or (4) above, the Trustee may, with the consent of the Insurer, and shall, with the consent of the Insurer, if so requested by the owners of not less than a majority in aggregate principal amount of the Bonds and Parity Bonds at the time outstanding (such request to be in writing to the Trustee E - 4 0001s? and the Agency), the Trustee shall at the direction of the Insurer declare the principal of all of the Bonds and Parity Bonds then outstanding and the interest accrued thereon, to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable, anything in the Indenture or in the Bonds and Parity Bonds to the contrary notwithstanding. Such declaration may be rescinded by the owners of not less than a majority of the Bonds and Parity Bonds then outstanding provided the Agency cures such default or defaults including the deposit with the Trustee of a sum sufficient to pay all principal on the Bonds and Parity Bonds matured prior to such declaration and all matured installments of interest (if any) upon all the Bonds and Parity Bonds then outstanding, with interest at the rate of twelve percent (12 %) per annum of such overdue installments of principal and, to the extent such payment of interest on interest is lawful at that time, on such overdue installments of interest, so that the Agency is currently in compliance with all payment, deposit and transfer provisions of the Indenture, and has deposited an amount sufficient to pay any expenses incurred by the Trustee in connection with such default. Immediately upon becoming aware of the occurrence of an event of default, the Trustee shall give notice of such event of default to the Agency by telephone confirmed in writing. Such notice shall also state whether the principal of the Bonds shall have been declared to be or have immediately become due and payable. The Trustee shall also give such notice to the owners of the Bonds by first class mail, postage prepaid. All of the Pledged Tax Revenues and all sums in the Funds provided for in the Indenture upon the date of the declaration of acceleration, and all sums thereafter received by the Trustee, shall be applied by the Trustee in the order following upon presentation and surrender of the Bonds and any Parity Bonds. First, to the payment of (i) the costs and expenses of the Trustee and (ii) of the owners of the Bonds or Parity Bonds in declaring such event of default, including reasonable compensation to its or their agents, attorneys and counsel; Second, in case the principal of the Bonds and any Parity Bonds shall not have become due and shall not then be due and payable, to the payment of the interest in default in the order of the maturity of the installments of such interest, with interest on the overdue installments at the rate of twelve percent (12 %) per annum on the Bonds and any Parity Bonds (to the extent that such interest on overdue installments shall have been collected), such payments to be made ratably to the persons entitled thereto without discrimination or preference; Third, in case the principal of the Bonds and any Parity Bonds shall have become and shall be then due and payable, to the payment of the whole amount then owing and unpaid upon the Bonds and any Parity Bonds for principal and interest, with interest on the overdue principal and installments of interest at the rate of twelve percent (12%) per annum on the Bonds and any Parity Bonds (to the extent that such interest on overdue installments of interest shall have been collected), and, in case such moneys shall be insufficient to pay in full the whole amount so owing and unpaid upon the Bonds and any Parity Bonds, then to the payment of such principal and interest without preference or priority of principal over interest, or interest over principal, or of any installment of interest over any other installment of interest, ratably to the aggregate of such principal and interest; 000183 E - 5 Any owner of a Bond or any Parity Bond, with the consent of the Insurer, shall have the right, for the equal benefit and protection of all bondowners similarly situated: (a) by mandamus, suit, action or proceeding, to compel the Agency and its members, officers, agents or employees to perform each and every term, provision and covenant contained in the Indenture and in the Bonds and any Parity Bonds, and to require the carrying out of any or all such covenants and agreements of the Agency and the fulfillment of all duties imposed upon it by the Law; (b) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the rights of owners of the Bonds or Parity Bonds; or (c) upon the happening of any event of default, by suit, action or proceeding in any court of competent jurisdiction, to require the Agency and its members and employees to account as if it and they were the trustees of an express trust. Trustee The Agency has appointed First Interstate Bank Ltd., Los Angeles, California, to act as the Trustee, bond registrar and paying agent of the Agency for the purpose of receiving Pledged Tax Revenues and other funds in trust as provided in the Indenture, to hold, allocate, use and apply such Pledged Tax Revenues and other funds in trust as provided in the Indenture, and to perform such other duties and powers of the Trustee as are prescribed in the Indenture and any supplemental resolution of the Agency. Refunding Bonds The Bonds may be redeemed or paid prior to maturity from proceeds of refunding bonds or notes issued pursuant to the Law. Amendment of the Indenture The Indenture, and the rights and obligations of the Agency and of the Owners of the Bonds issued thereunder, may be modified or amended at any time by supplemental resolution adopted by the Agency: (a) for any purpose at any time prior to the sale of the Bonds; (b) without the consent of Bondowners, if such modification or amendment is for the purpose of adding covenants and agreements to further secure Bond payment, to prescribe further limitations and restrictions on Bond issuance, to surrender rights or privileges of the Agency, to make modifications not affecting any outstanding series of Bonds, for the purpose of curing any ambiguities, defects or inconsistent provisions in the Indenture or to insert such provisions clarifying matters or questions arising under the Indenture as are necessary and desirable to accomplish the same, provided that such modifications or amendments do not adversely affect the rights of the Owners of any outstanding Bonds; (c) for any purpose with the consent of the Bondowners owning sixty percent (60%) in aggregate principal amount of the outstanding bonds, exclusive of Bonds, if any, owned by the Agency or the City, and obtained as hereinafter set forth; provided, however, that no such modification or amendment shall, without the express consent of the registered owner of the Bond affected, reduce the principal amount of any Bond, reduce the interest rate payable thereon, extend its maturity or the times E - 6 000184 for paying the interest thereon, change the monetary medium in which principal and interest is payable, or create a mortgage, pledge or lien created for the Bonds and any Parity Bonds or reduce the percentage of consent required for amendment or modification, and provided further that no amendment shall be made pursuant to (c) above without the prior written consent of the Insurer, which consent will not be unreasonably withheld. Any act done pursuant to a modification or amendment so consented to shall be binding upon the Owners of all of the Bonds and shall not be deemed an infringement of any of the provisions of the Indenture or of the Law, whatever the character of such act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of the Indenture, and after such consent relating to such specified matters has been given, no Bondowner or Owner shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the Agency or any officer thereof from taking any action pursuant thereto. Defeasance If the Agency shall pay or cause to be unpaid, or shall have made provision to pay upon maturity or upon redemption prior to maturity, to the owners of the Bonds, the principal of, premium, if any, and interest to become due thereon, through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to the Indenture or otherwise, or through the irrevocable segregation for the purpose in some sinking fund or other fund or trust account with a fiscal agent or otherwise, moneys sufficient thereof, including, but not limited to, interest earned or to be earned on Federal Securities, then the lien of the Indenture, including, without limitation, the pledge of the Pledged Tax Revenues, and all other rights granted thereby, shall thereupon cease, terminate and become void and be discharged and satisfied, and the principal of, premium, if any, and interest on the Bonds shall no longer be deemed to be outstanding and unpaid; provided, however, that nothing in the Indenture shall require the deposit of more than such Federal Securities as may be sufficient, taking into account both the principal amount of such Federal Securities and the interest to become due thereon, to implement any refunding of the Bonds. In the event of such a defeasance of the Bonds, the Trustee shall cause an accounting for such period or periods as shall be requested by the Agency to be prepared and filed with the Agency, and the Trustee, upon the request of the Agency, shall release the rights of the Bondowners under the Indenture and execute and deliver to the Agency all such instruments as may be desirable to evidence such release, discharge and satisfaction, and the Trustee shall pay over or deliver to the Agency all moneys or securities held by it pursuant to the Indenture which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Provision shall be made by the Agency, satisfactory to the Trustee, for the mailing of a notice to the Owners of such Bonds that such moneys are so available for such payment. Bonds Not a Debt of the City of La Quinta The Bonds are not a debt of the City of La Quinta, the State of California, or any of its political subdivisions, and neither said City, State or any of the State's political subdivisions is liable therefor. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limit or restriction. E-7 00018 ) APPENDIX F BOOK -ENTRY ONLY SYSTEM 000186 APPENDIX F BOOK -ENTRY ONLY SYSTEM Depository Trust Company DTC will act as securities depository for the Bonds. DTC is a limited -purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act 1934, as amended. DTC was created to hold securities of its participants ("DTC Participants") and to facilitate the clearance and settlement of securities transactions among DTC Participants in such securities through electronic book -entry changes in accounts of DTC Participants, thereby eliminating the need for physical movement of securities certificates. DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporation and certain other organizations, some of whom (and/or their representatives) own DTC. Access to the DTC book -entry system (the 'Book -Entry System") is also available to others such as banks, brokers, dealers and trust companies that clear through or maintain a custodial relationship with a DTC Participant, either directly or indirectly (the "Indirect Participants"). Transacting Through DTC and Status of Beneficial Owners Purchases of Bonds under the Book -Entry System may be made only through brokers and dealers who are, or act through, DTC Participants. DTC Participants will receive a credit balance in the records of DTC. The ownership interest of each actual purchaser of each Bond (the 'Beneficial Owner") will be recorded through the records of a DTC Participant. Beneficial Owners will receive a written confirmation of their purchase providing certain details of the Bonds acquired. Transfers of ownership interest in the Bonds will be accomplished by book entries made by DTC and by DTC Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Bonds, except as specifically provided in the Resolution of Issuance in the event participation in the Book -Entry System is discontinued (see Discontinuance of DTC Services). The principal, interest and any premium evidenced by the Bonds will be paid to DTC, or its nominee, and then paid by DTC to DTC Participants, and thereafter paid by DTC Participants to Beneficial Owners when due. THE AUTHORITY AND THE TRUSTEE DO NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO SUCH DTC PARTICIPANTS OR THE PERSONS FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE PAYMENTS OR THE PROVIDING OF NOTICE TO DTC PARTICIPANTS, INDIRECT PARTICIPANTS OR BENEFICIAL OWNERS. As provided in the Resolution of Issuance, unless participation in the Book -Entry System is discontinued, Beneficial Owners of the Bonds or interests therein will not receive or have the right to receive physical delivery of such Bonds, and will not be or be considered to be registered owners thereof under the Resolution of Issuance. So long as Cede & Co. is the registered owner of the Bonds, as nominee of DTC, references herein to the holders or registered owners of the Bonds will mean Cede & Co. and will not mean the Beneficial Owners of the Bonds. F -1 000187 Payments on Bonds and Notices So long as the Book -Entry System is used for the Bonds, principal, prepayment premium and interest payments evidenced by the Bonds will be made to DTC or its nominee, Cede & Co., as registered owner of the Bonds. Upon receipt of moneys, DTC's current practice is to immediately credit the accounts of DTC Participants in accordance with their respective holdings shown on the records of DTC. Payments by DTC Participants and Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is now the case with municipal securities held for the accounts of customers in bearer form or registered in "street name", and will be the responsibility of such DTC Participant or Indirect Participant and not of DTC, the Trustee, or the District, subject to any statutory and regulatory requirements as may be in effect from time to time. So long as the Book -Entry System is used for the Bonds, the Trustee will give any notice of prepayment or any other notices required to be given to the Owners of Bonds only to DTC. Any failure of DTC to advise any DTC Participant, or of any DTC Participant to notify the Beneficial Owner, of any such notice and its content or effect will not affect the validity of the prepayment of the Bonds called for prepayment or any other action premised on such notice. Beneficial Owner may desire to make arrangements with a DTC Participant so that each notice of prepayment or other communications to DTC which affect such Beneficial Owners, and notification of all interest payments, will be forwarded in writing by such DTC Participant. The Trustee cannot and does not give any assurances that DTC will distribute to DTC Participants payments of principal, interest or any premium with respect to the Bonds paid to DTC or its nominee, as the registered owner, or any prepayment or other notices or that it will do so on a timely basis or will serve and act in a manner described in this Official Statement; in addition, the Authority and Trustee cannot and do not give any assurances that DTC Participants or others will in turn distribute in a timely manner to the Beneficial Owners any such payments or notices which they receive from DTC or that will act in a manner described in this Official Statement. The Authority and Trustee are not responsible or liable for the failure of DTC or any DTC Participant to Act in a manner described in this Official Statement or any error or delay relating thereto. Discontinuance of DTC Services In the event that (a) DTC determines not to continue to act as securities depository for the Bonds or (b) the Authority determines to remove DTC from its functions as a depository, DTC's role as securities depository for the Bonds and use of the Book -Entry System will be discontinued. If the Authority fails to select a qualified securities depository to replace DTC, the Authority will cause the Trustee to execute and deliver replacement Bonds in fully registered form in denominations of $5,000 or any integral multiple thereof in the names of the Beneficial Owners or DTC Participants. Upon such registration, the Beneficial Owners or DTC Participants will become the Owners of the Bonds for all purposes. In the event that the Book -Entry System is discontinued, the following provisions would also apply: (a) Bonds may be exchanged for an equal aggregate principal amount of such Bonds in other authorized denominations and of the same maturity, upon surrender thereof at the principal corporate trust office of the Trustee; (b) the transfer of any Bond may be registered on the books maintained by the Trustee under the Trust Agreement for such purpose only upon the surrender thereof to the Trustee with a duly executed assignment in a form satisfactory to the Trustee; (c) for every exchange or registration of transfer of Bonds, the Authority and the Trustee may make a charge sufficient to pay them for any tax, other F - 2 00018R governmental charge or transfer fees with respect to such exchange or registration of transfer; (d) the Trustee will not be required to register the transfer or selection of any Bonds for prepayment, or after the selection for prepayment of such Bond or portion thereof; (e) all interest payments will be made by check or draft mailed to the registered owners thereof, as they appear on the registration books maintained by the Trustee on the fifteenth (15th) day of the month next preceding such Interest Payment Date (except in the case of registered owners of at least $1,000,000 in aggregate principal amount of outstanding Bonds, which payment shall, at such owner's request, be made by wire transfer as provided in the Trust Agreement); and (f) all payments of principal and any premium with respect to the Bonds will be made upon presentation thereof at the principal corporate trust office of the Trustee. Transfer Fees For every transfer and exchange of Bonds, Beneficial Owners may be charged a sum sufficient to cover any tax, governmental charge or transfer fees that may be imposed by the Trustee, DTC, or the DTC Participant in connection with such transfer or exchange. 000189 F - 3 APPENDIX G SPECIMEN OF MUNICIPAL BOND NEW ISSUE INSURANCE POLICY 000190 APPENDIX H FORM OF SPECIAL COUNSEL OPINION 000191 n CALENDAR OF EVENTS LA QUINTA REDEVELOPMENT AGENCY PROJECT AREA NO. 2 TAX ALLOCATION BONDS, SERIES 1992 City Council and Financing Authority - Special Meetings Agency Meetings - 1st and 3rd Tuesdays Newspaper - Desert Sun - Daily DATE Agency Sept. 15 Adopt Resolution Approving Regular draft Identure of Trust Meeting and the Official Statement Approve contracts of Financial Consultant, Bond Counsel and Paying Agent, if not previously approved City Sept. 15 Adopt Resolution Approving Council the Issuance of the Bonds Regular Meeting Bond Sept. 16 Send Notice to Debt Counsel Advisory Commission Financial Sept. 21 Mail Official Statement Consultant Financial Oct. 6 Price Bonds Consultant RESOLUTION NO, Agency Oct. 6 Adopt Resolution of Issuance Special approving the Indenture of Meeting Trust and the sale of the Bonds to the Authority Financing Oct. 6 Adopt Resolution re Purchase Authority of the Bonds from the Agency Special and the sale to Westhoff -Martin Meeting & Associates O00192 ATE 1992 Agency Oct. 20 Staff, Bond Counsel, Financial Consultant, Underwriter Agency Oct. 21 Staff, Bond Counsel, Financial Consultant, Underwriter Pre -close Deliver bonds RESOLUTION NO. 01013193 O8/10/92 9288u/2338/015 REDEVELOPMENT AGENCY COUNCIL MEETING DATE: ITEM TITLE: Demand Register BACKGROUND: Ta�p 4 4 a" AUGUST 181 1992 AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Warrants 5581 $596,719.24 FISCAL IMPLICATIONS: APPROVED BY: 47" 5 Demand of Cash $596,719.24 RECOMMENDATION: Approval of Demand Register Submitted by: 7 e"56 Signature Approved for submission to City Council &woe*, MURRA EN INTERIM OITY MANAGER 000194 La Quints R8d4rvelopemnt Agency Warrant Register rile: RDAWARRT Date ckt In Favor of Amount Description 8/14/92 558 CITY OF LA QUIRTA 596,719.24 REII4BURSEKENT FOR CITY ADVANCES Grand Total Warrants $ 596,719.24 Qo� 9f C&wf 4 4 a" REDEVELOPMENT AGENCY COUNCIL MEETING DATE: SEPTEMBER 1, 1992 ITEM TITLE: Demand Register BACKGROUND: Warrants FISCAL IMPLICATIONS: Demand of Cash RECOMMENDATION: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 559 - 5601 $2,003,937.01 $2,0031937.01 Approval of Demand Register Submitted by: 2 Signature APPROVED BY: Approved for submission to City Council MUR WARDAN INTE IM CITY MANAGER Q10110..19IT La Quints Redevelopment Agency Warrant Register Date ck# In Favor of 8/24/92 559 SECURITY PACIFIC NATIONAL HANK 8/25/92 560 HANK OF AMERICA grand Total Warrants file: RDAWARNT Amount Description 65,750.00 CASHIERS CHECKS TO REKINGTON ESCROW LOT 9 BLOCK 9 #3816-C - $21,750 LOT 5 BLOCK 102 /3799-C - $22,250 LOT 5 BLOCK 160 #3830-C - $21,750 1,938,187.01 DEPOSIT FOR 9/1/92 DEBT SERVICE PAYMENT = 2,003,937.01 ooG197 REDEVELOPMENT AGENCY COUNCIL MEETING DATE: ITEM TITLE: Demand Register BACKGROUND: Warrants Tr&f 4 4 a" SEPTEMBER 15, 1992 AGENDA CATEGORY: 561 - 564} FISCAL IMPLICATIONS: Demand of Cash $219,951.79 RECOMMENDATION: Approval of Demand Register Submitted by: Signature PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: $219,951.79 APPROVED BY: Approved for submission to City Council Z� MURFAY WARDEN INTERIM CITY MANAGER 000198 La Qminta Redevelopment Agency Warrant Register Date ck1 In Favor of 9/4/92 561 COACHEr.A VALLEY MOSQUITO ARMMMT DIET 9/4/92 562 COACHELLA VALLEY WATER DIST 9/4/92 563 COMMUNITY CCLLEGE DISTRICT 9/4/92 564 RIV CNTY SUPERINTENDENT OF SCHOOLS Grand Total Warrants file: RDAWARNT Amount Description 115,401.28 PASS THRU AGREEMENT - PA #1 i PA i2 58,811.99 PASS THRU AORE121 T PA A2 29,622.50 PASS THRU AGRMGXT PA \2 16,116.02 PASS THRU AGREEMENT PA /2 i 219,951.79 000199 Tjhr 4 lwQ" REDEVELOPMENT AGENCY MEETING DATE: 9/15/92 ITEM TITLE: Agreement with Kicak and Associates to Perform Construction staking Services for the Calle Tampico Improvement Project. BACKGROUND: See attached memorandum. AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: FISCAL IMPLICATIONS: APPROVED BY: Not to exceed $35,000 RECOMMENDATION: Authorize entering into a Professional Services Agreement. Submitted by: Sign to FRR/ld Approved for submission to City Council: NMay Wa den Manc ger 090200 T H E C I T Y 0 F ■+i��a■ La rota. 1982 - 1992 Ten Cant Decade MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Frank R. Reynolds, Director of Public Works/City Enginee - DATE: September 8, 1992 RE: Agreement for Engineering Services Calle Tampico Construction Staking Pursuant to prevailing procedures for entering into Professional Services Agreements, it has been determined that Kicak and Associates is the most qualified firm to provide the subject service for the improvement of Calle Tampico between Washington Street and Eisenhower Drive. That firm performed the design work on the project and has all the necessary field data to conduct the work in the most economical manner. Based upon our experience with similar activities on the Cove Improvements Project, we find Kicak's proposal to perform the work at a not to exceed cost of $35,000 to be fair and reasonable. Therefore, it is recommended that the City Council authorize entering into an agreement with Kicak and Associates to perform the construction staking. Id PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Kicak and Associates, a California Corporation with corporate offices in Grand Terrace, CA ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Calle Tampico Construction Staking, as specified in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Consultant's Proposal. The Scope of Services shall include Consultant's proposal and the obligations listed for the "City" and for the "Engineer" in subsection 2.07 of the Special Provisions section of Specifications for Calle Tampico Improvements which document was prepared by Consultant. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. Construction Services that constitute public works shall be subject to the "Public Works Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. 1.4 Licenses, Permits. Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when Calle Tampico Construction Staking 0 0 :32" directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum and/or ten thousand dollars ($10,000) may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "C" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "C" and any other provisions of this Agreement, the provisions of Exhibit "C" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty Five Thousand Dollars ($35,000) (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rates as specified in Exhibit "D", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "E" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes Calle Tampico Construction Staking Page 2 of 9 of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Joseph Kicak b. John Curtis C. d. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Calle Tampico Construction Staking 000204 Page 3 of 9 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. A certificate evidencing the foregoing and naming City and its officers and employees and the Coachella Valley Association of Governments and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall also carry Workers' Compensation Insurance in accordance with California Worker's Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing shall be delivered to and approved by City prior to commencement of the services hereunder. The procuring of insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its contractors or employees. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal IniurvlPruerty Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor, and agents or anyone for whose acts any of them may be liable, which arise directly or indirectly out of or related to Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Formal Bond Reguirements (Not applicable to this agreement) 5.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 000205 Calle Tampico Construction Staking Page 4 of 9 b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaption by Consultant for the specific purpose intended or causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said reuse or changes. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 00j36 Calle Tampico Construction Staking Page 5 of 9 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disoutes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages (Not applicable to this agreement) 7.8 Termination Prior To Exoiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. Calle Tampico Construction Staking 000207 Page 6 of 9 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-105 Calle Estado La Quinta, California 92253 Attention: Frank R. Reynolds 000208 Calle Tampico Construction Staking Page 7 of 9 To Consultant: Kicak and Associates 21935 Van Buren Street, Bldg. A, Suite 220 Grand Terrace, CA 92324 Attention: Joseph Kicak 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 000^09 Calle Tampico Construction Staking Page 8 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT Kicak and Associates In Joseph Kicak, President Date: Date 000210 g Celle Tampico Construction Staking 9 Exhibit A Scope of Services Contents Consultant's Proposal dated August 5, 1992 Section 2.07, Special Provisions section of Specifications for Calle Tampico Improvements 060211 KICAK AND ASSOCIATES CIVIL ENGINEERS & PLANNERS 5402 August 5, 1992 Mr. Frank Reynolds Director of Public Works/City Engineer City of La Quinta 78-105 Calle Estado La Quinta, CA 92253 Re: Calle Tampico - Construction Staking Attention: Mr. John Freeland Dear Mr. Freeland: As per your request, we are pleased to submit a proposal for the required construction staking for the .above project. This proposal is in accordance with Section 2.07, Special Provisions of Specifications for the above project. All of the work shall be completed at the hourly rate schedule for the classification of personnel, attached hereto as Exhibit A. The scope of work, however, also provides for items beyond those in the Specifications, specifically the following items that are either required by the City, California B A P Code and potential needs not specifically identified. These include the following: 1. Tie -out all existing monuments. 2. Provide survey information (horizontal and vertical) on pot -holes as may be necessary. 3. Place monuments at the intersections of new alignment of Tampico. 4. Prepare tie sheets for the monuments. 5. Submit to the County Surveyor "Corner Record" information setting monuments. City of La Quints AUG 6 1992 PUBLIC WORKS 0002103 AW 41555 COOK STREET • SUITE 220 • PALM DESERT, CALIFORNIA 92260 • (619) 341-9544 • FAX (619) 341-9166 21935 VAN BUREN STREET • BLDG. A, SUITE 3 • GRAND TERRACE, CALIFORNIA 92324 • (714) 825-7503 • FAX (714) 825-7506 Mr. Frank Reynolds Attn: Mr. John Freeland August 5, 1882 Page 2 In addition, following work, as provided by the specifications is included: 1. Construction Staking of the Storm Drain (1 Side of Box) 2. Prepare Cut Sheets for Storm Drain. 3. Construction Staking of Curbs including median islands. 4. Prepare Cut Sheets for the curb. 5. Construction Staking of Sanitary Sewer. 6. Prepare Cut Sheets for Sanitary Sewer. T. Construction Staking of "Wye" locations. 8. Construction Staking of all Storm Drain Structures to include: (a) Local depressions. (b) Centerline, begin and end structure. The estimate cost for the work described above is $34,680.00. The costs would be billed at the hourly rate schedule with an amount not to exceed $35,000.00. If you have any questions, do not hesitate to call me. yours, HICAE JE:dlk Attachment 000213 The Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain water from designated fire hydrants at or near the project for use in dust control and soil compaction. It shall be the responsibility of the Contractor to pay for the water and any deposits required by CVWD. The cost to furnish and apply water shall be included in the unit prices for the various items bid and no additional payment will be allowed therefore. 2.05 AS -BUILT DRAWIBG,S A. Except where otherwise provided, the Contractor shall maintain on the jobsite a set of full-size blueline or blackline prints. On these he shall mark all as -built conditions, locations, configurations, and other details which may vary from the details represented on the drawings. ioriginal ■ This master record of as -built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up-to-date during the progress of the work. B. In the case of those drawings which are superseded by final shop drawings, the as -built drawings shall be updated by indicating those portions which are superseded and how they are superseded. C. Upon completion of the work and prior to final acceptance, accurate, legible as -built drawings shall be turned over to the City of La Quinta. 2.06 RESmRMOB OF SURFACES All existing surfaces, whether asphaltic concrete, Portland Cement concrete or other, shall, after construction, be restored to a condition at least equal to that prior to construction. All restoration shall be in -kind except in those areas where Plans and Specifications or details indicate to the contrary. The details of these areas will govern. 2.OT COBSTRUMOB STAMM iThe City will provide construction staking for the contractor as described in paragraphs 1 to 4. All of the construction staking shall be done once. Any additional staking or restaking shall be contractor's responsibility and at his cost. The Engineer will provide cut sheets for all of the construction staking except for water system. 1. Curb and Gutter and Cross -gutters (a) Offset as specified, at 25 foot stations showing cuts and/or fills to top of curb. i oco�14 sP-5 (b) Curb returns at BCR, ECR, 1/4, 1/2 and 3/4 delta showing cuts and/or fill to top of curb. (c) Cross -Gutters at street centerline and Points of Inter- section of flowlines. 2. Sanitary Sewer (a) Flowline of pipe at 25 foot stations and centerline of manholes at specified offset. (b) Wye Locations as specified in other sections (Contractor to contact property owner for the exact locations prior to construction staking of any main line and indicate desired lateral location). I 3. Storm Drain (a) Flowline of pipe or box at 25 foot stations and centerline of manholes, at specified offset, including the laterals. (b) Catch Basin/Inlet Structures 1. Local Depressions, begin and end, 2. Begin, centerline and end of Structure and invert elevation, if required. 2.08 VECMCATIOHS AND DRAWINGS The City will furnish to the Contractor four sets of Specifications and eight sets of full-scale drawings. Additional sets of Specifications and Drawings may be procured by the Contractor for the cost of reproduction and binding. In case of conflict between the Drawings and Specifications, the Specifications shall govern. Figure dimensions on Drawings shall govern over scaled dimensions, and detailed Drawings shall govern over general Drawings. Any discrepancies found between the Drawings and Specifications in the Drawings and site conditions or any inconsistencies or ambiguities or Specifications shall be reported immediately to the Engineer, in writing, who shall correct promptly such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 2.09 PEE IITS AND LICENSES In lieu of the provisions in Section 7-51 "Permits", of Standard Specifications, the Contractor shall obtain permits for all work within the existing rights -of -ways, as said permits may be required by C.V.W.D. this may include but not be limited to the construction of water, sanitary sewer and storm drain systems. Any cost associated with such permits shall be included in the bid prices of various items of work and no additional payment shall be allowed. He shall comply with all of the requirements of C.V.W.D. Sp-6 0G0215 Exhibit B Public Works Requirements (Not applicable to this agreement) 00021F; Exhibit C Special Requirements (Not applicable to this agreement) 000217 Exhibit D Schedule of Compensation Contents Consultant's Schedule of Billing Rates 00()`'1_$ MMIBIT • HICAE AND ASSOCIATES, INC. SCHEDULE OF BILLING RATES Effective July 1, 1991 Principal Engineer Project Manager Design Engineer Design Draftsman Drafter Clerical Inspection 2-Man Survey Party 3-Man Survey Party Travel Time 2-Man Party in excess of 8 hrs./day 3-Man Party in excess of 8 hrs./day Prints and Miscellaneous Material Outside Services 85.00 i 80.00 $ 70.00 $ 60.00 $ 55.00 $ 25.00 $ 60.00 $135.00 $185.00 52.00 $ 78.00 Cost plus O percent Cost plus 40 percent h 2 t .. 000219 Exhibit E Schedule of Performance Consultant shall perform all services required herein in a timely manner so as not to impede the progress of the construction contractor. Consultant shall provide construction staking for any portion of the project upon receipt of City's request for such staking. Consultant shall provide City with construction cut/fill sheets no later than 72 hours following such staking. Consultant shall complete all services within one hundred fifty (150) days of the date of this Agreement. 000220 T4&r 4 4Q" REDEVELOPMENT AGENCY MEETING DATE: 9/15/92 ITEM TITLE• Authorize Appraisal Services for Property at the Southeast Corner of Washington Street and Highway 111. BACKGROUND: See attached memorandum. FISCAL IMPLICATIONS: Estimated $1,000 (R.D.A. #2). RECOMMENDATION: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR STUDY SESSION: APPROVED BY: Authorize execution to arrange for appraisal services. Submitted by: Signur FRR/ld Approved for submission to City Council: Murra arde Yr City M nage 00022.1 TO: Murray Warden FROM: Frank Reynolds DATE: September 1, 1992 SUBJECT: Appraisal Services for Property at the Southeast Corner of Washington Street and Highway 111 A small parcel (less than one -tenth of an acre) owned by Desert Outdoor Advertising Inc. exists at the southeast corner of Washington Street and Highway 111. In order to accomplish the ultimate improvement of its intersection with Highway 111, approximately 72% of this unbuildable land needs to be acquired. It abuts, but is not a part of the land proposed to be developed as Simon Plaza. In order for us to proceed with either negotiation or condemnation to acquire this property, it is necessary that it be appraised. Therefore, it is requested that the City Council authorize staff to arrange for appraisal services. kt 000222 09=1 0-92 03 : 47PM ■SYC& R Newport Beach CA P05/** RESOLUTION NO. RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS WHEREAS, the La Quinta Redevelopment Agency (the "Agency") is in the process of implementing the Redevelopment Plan for the La Quinta Redevelopment Project No. ! (the "Project") pursuant to the provisions of the California Community Redevelopment Law (California Health and Safety Code Section 33000, et semi,); and WHEREAS, in furtherance of the Project, the Agency desires to enter into an Agreement for Construction of Public Improvements (the "Agreement") with the City of La Quinta (the "City") and the Coachella valley Water District (the "District") under which the City will install and construct certain street, utility and other public improvements and facilities (the "Improvements") to serve the Project; WHEREAS, pursuant to the Agreement, the Agency would pay the City for all costs of such Improvements with monies which the Agency has obtained or would obtain from the issuance and sale of tax allocation, bonds by the Agency, and the District would pay the costs and expenses of the sanitary trunk sewer facilities according to the terms of the Agreement; and WHEREAS, the Agency desires to proceed with the construction of the Improvements referenced in the Agreement; and WHEREAS, pursuant to Section 33445 of the Health and Safety Code, the Agency may, with the consent of the City Council, pay all or part of the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the Project Area, if the City Council determines that such buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located and, that no other reasonable means of financing such buildings, facilities, structures or improvements are available to the community; and WHEREAS, the City Council has found and determined that the construction of the Improvements referenced in the Agreement will be of benefit to the Project Area in that the public health, safety, and welfare of its inhabitants will be promoted by the provision of the Improvements; and 000224 T,`ht 4 4 Q" REDEVELOPMENT AGENCY MEETING DATE: 9/15/92 ITEM TITLE• Reimbursement Agreement with Coachella Water District for Calle Tampico and Avenida Bermudas Sanitary Sewer. BACKGROUND: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: As part of the Calle Tampico improvement project, sanitary sewers will be constructed in Calle Tampico and Avenida Bermudas. The CVWD has agreed to reimburse the City and RDA for the cost of that part of the construction. FISCAL IMPLICATIONS: APPROVED BY: �--y,A None RECOMMENDATION: Authorize execution of the agreement. Submitted by: sign ture FRR/ld Approved for submission to City Council: Cu ay W rden i y M ager 000223 09=10-92 03:47PM ■5YC&R Newport Beach CA P06/** WHEREAS, the City Council has found and determined, based upon the report prepared by staff, that there are no reasonable means of financing the Improvements reasonably available other than the payment of construction costs by the Agency and the District, NOW, THEREFORE, THE LA QUINTA REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: Section 1. The Agency hereby approves the Agreement and the Chairman and the Secretary of the Agency are hereby authorized to execute the Agreement on behalf of the Agency. PASSED AND ADOPTED THIS day of September, 1992 by the following vote: AYES: NOES: ABSENT: Chairman ATTEST: Secretary 000225 09-10-92 03 : 49PM ■SYC&R Newport Beach CA P09/** AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS THCIS AGREEMENT is made and entered into by and among the CITY OF LA QUINTA ("the CITY"), the LA QUINTA fiEDEVELOPMENT AGENCY ("the AGENCY"), and the COACHELLA VALLEY WATER DISTRICT ("the DISTRICT"). RECITALS A. The CITY is a municipal corporation duly organized pursuant to the general laws of the State of California. B. The AGENCY is a redevelopment agency, a public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law, California health and Safety Code section 33000, et. seq. C. The DISTRICT is a county water district organized and existing pursuant to California Water Code section 30000, et. seq. D. The CITY, the AGENCY and the DISTRICT wish to cooperate in undertaking a project for the construction of certain public improvements within the CITY, including sanitary sewer facilities, street improvements, and a storm drain; each intends to contribute to the cost of some or all of these improvements to contribute to the cost of some or all of these improvements through direct financial contribution and/or through the sale of bonds as hereinafter described. THEREFORE, IT IS AGREED: i . finds Upon adoption of a resolution by the City Council ordering the project to be constructed and installed, the following funds shall be established and maintained by the CITY from the sources and for the purposes described: 000226 09—.10-92 03:49PM ■SYC&R Newport Beach CA P10/** a) Improvement —Fund Into this fund shall be deposited any cash payments by the District, this fund shall be used to pay the Cost of construction of all improvements described in Exhibit "B". b) Tax Allocation Bond Fund The AGENCY shall transfer to the CITY, monies which AGENCY has obtained or shall obtain from the issuance and sale of tax allocation bonds by the AGENCY. Said money shall be kept by the CITY in a "Tax Allocation Bond Fund" and, shall be used to pay the cost of constructing those improvements described on Exhibits "C-1" and "C-2" (Street Improvements and Storm Drains). r Oblioation The DISTRICT'S obligation to pay the costs and expenses of the project shall be limited to sanitary trunk sewer facilities. The DISTRICT shall budget and contribute an estimated $370,759 toward the cost of these facilities, pursuant to the Resolution No. 92-168 adopted by the District Board of Directors on August 11, 1992. 3. CITY"S Obligation The obligation of the CITY to pay the costs and expenses of the project shall be limited obligation, payable solely from the Improvement Fund. 4. AGENCY IS_9bligation The obligation of the AGENCY to pay the costs and expenses of the project shall be limited to the monies it pays to the CITY from the sale of tax allocation bonds. CONSTRUCTION PROVISIONS 5. Plans and Specifications The DISTRICT shall review and approve all plans, specifications, drawings and revisions thereof for the construction and installation of all 09-10-92 03:50PM ■SYC&R Newport Beach CA F11i** sanitary sewer improvements prior to construction. 6. Insgection The DISTRICT shall provide normal construction inspection services in connection with construction and installation of the sanitary trunk sewer at no cost to the CITY, or the AGENCY. 7. Progress Payments The DISTRICT shall review each progress payment request by contractor for the construction and installation of the sanitary trunk sewer upon approval of said request, shall pay to CITY the amount approved for the portion of the project being constructed and installed at. the DISTRICT's expense within twenty (20) days of said approval. The CITY shall thereupon pay the amount authorized by the DISTRICT to the contractor. 8. Completion Upon completion of the construction and installation of the sanitary sewer facilities, the CITY shall file a Notice of Completion for recording in the Office of the County Recorder. Upon formal written acceptance thereof by the DISTRICT, the CITY shall execute all documents necessary for the conveyance of title to said facilities to the DISTRICT. Upon delivery of said documents to the DISTRICT, said facilities shall become a part of the DISTRICT'S sanitary sewer systems, as appropriate and the DISTRICT shall thereafter operate and maintain same. MISCELLANEOUS PROVISIONS 9. Effective Date This Agreement shall become effective upon the adoption by the City Council of a resolution authorizing the Mayor to enter into this Agreement with the DISTRICT. 10. Notice Any notice authorized or required to be given to the CITY shall be deemed duly and properly given if sent to the CITY by registered or certified mail, return receipt requested to: 000228 09-10-92 03 : 50PivI ■SYC&R Newport Beach CA P 1 2/** CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 ATTENTION: City Manager or personally delivered to the CITY at such address or other address specified to the AGENCY and the DISTRICT in writing by the CITY. Any notice authorized or required to be given to the AGENCY shall be deemed duly and properly given if sent to the AGENCY by registered or certified mail, return receipt requested to: THE LA QUINTA REDEVELOPMENT AGENCY P.O. Box 1504 La,Quinta, CA 92253 ATTENTION: Executive Director or personally delivered to the AGENCY at such address or other address specified to the CITY and the DISTRICT in writing by the AGENCY. Any notice authorized or required to be given to the DISTRICT shall be deemed duly and properly given if sent to the DISTRICT by registered or certified mail, return receipt requested to: COACHELLA VALLEY WATER DISTRICT P.O. Box 1058 Coachella, CA 92236 Attention: Tom Levy General Manager, Chief Engineer or personally delivered to the DISTRICT at such address or other address specified to the CITY and the AGENCY in writing by the DISTRICT. 13. Entire Agreement This Agreement represents the entire integrated agreement among the CITY, the AGENCY, and the DISTRICT, supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be modified by a writing signed by the CITY, the AGENCY, and then 09-40-92 03:50PM ■SYC&R Newport Beach CA P13/** •DISTRICT. This Agreement shall be governed by the laws of the State of California. 15. Successors and Assigns The provisions of this Agreement shall inure to and be binding upon each of the parties to this Agreement and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized by the CITY on 1992, by the AGENCY on 1992, and by the DISTRICT on ATTEST: SAUNDRA L. JUHOLA, City Clerk LA QUINTA REDEVELOPMENT AGENCY ATTEST: SAUNDRA L. JUHOLA, City Clerk COACHELLA VALLEY WATER DISTRICT ATTEST: By: 1992. JOHN J.PENA, Mayor ;NA, Chairman By: TOM LEVY, General Manager/ Chief Engineer BERNADINE SUTTON, Secretary 00O2J1/ COUNCIL MEETING DATE: September 15, 1992 ITEM TITLE: Acceptance of Project 92-11 (Low -Mod Sewer Hook Up) and authorization for City Clerk to record Notice of Completion BACKGROUND: AGENDA CATEGORY: PUBLIC HEARING: }BUSINESS SESSION: CONSENT CALENDAR: 57 STUDY SESSION: All work for Project 92-11 has been completed in accordance with the specifications. FISCAL IMPLICATIONS: None APPROVED BY: RECOMMENDATION: Accept Project 92-11 and instruct the City Clerk to file a Notice of Completion with the County Recorder. Submitted by: BUILDING AND SAFETY DEPT I B-,nk de2t�_�_ TOM HARTUNG BUILDING & SAFETY DIRECTOR Approved for submission to City Council: Y,4� 4�4, - MUR Y W DEN INTEIRIM qITY MANAGER 00i'a;?3, Tlilt 4 44" REDEVELOPMENT AGENCY MEETING DATE: SEPTEMBER 15, 1992 ITEM TITLE: DEPARTMENT STAFF REPORT ASSISTANT CITY MANAGER TRANSMITTAL OF STATEMENT OF FINANCIAL POSITION AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: DEPARTMENTAL REPORT: Transmital of July 1, 1992 thru July 31, 1992 Statement of Financial Position for the La Quinta Redevelopment Agency. RECOMMENDATION: Receive and File Submitted by: Signature a Approved for submission to City Council W EN I RIM CITY MANAGER 000 32 GL102 CITY OF LA QUIRTA 9/08/92 STATEMENT OF FINANCIAL POSITION PAGE ONE PERIOD 7/92 THROUGH 7/92 GENERAL STATE FEDERAL COMMUNITY LANDSCAPE FUND GAS TAR REVENUE DEVELOPMENT MAINTENANCE FUND SHARING FUND BLOCK GRANT DISTRICT F1 ASSETS CASH 9753807.59- 299510.60 100941.07 SEC PAC MONEY MET 295802.23 PETTY CASH 700.00 ACCRUED INTEREST/PREPAID MCPS 1250.85- A000UNTS RECEIVABLE LOAN RECNIVABLE P.S.D.R.C.B. 32549.64 ACCTS. REC. NSF CHECKS pERPo MANCE BONDS / DEP HELD 2000.00 DEPOSITS -WORKERS COMPENSATION 49875.00 TRAILER RENT DEPOSIT 480.00 DEPOSIT -ELECTRIC SVC TRAILER 75.00 EMPLOYEE ADVANCES/TRAVEL 1538.22 PREPAID PAYROLL CLEARING 1735.65 ARCO GRAFITTI CONTRIBUTION 546.57- DUE FROM OTHER GOVERNMLBNTS 88582.54 18300.00 DUE FROM REDEVELOPMENT AGENCY 4530500.19 SUSPENSE 184.75- GHNERAL FI]® ASSETS PAYMENT OF LONG TERM DEBT INVESTMENTS - LAIF 10360081.71 INVESTMENTS C.D.18 500000.00 INVEST/DENNAN AND COMPANY 2900000.00 TOTAL ASSETS 9009210.42 317810.50 100941.07 LIABILITIES 6 EQUITY LIABILITIES ACCOUNTS PAYABLE 155666.60- 3219.80- CO P ABSENCES PAYABLE CONTRACTS PAYABLE FIRE TRUCK ACCRUED EXPENSES 25219.82- 5102.16- 1959 PENS SURVIVOR BENEFITS 326.16- DEPOSITS HELD 418832.06- TOTAL LIABILITIES 600044.54- 8321.95- RESERVE - LANDMARX 1175172.31- FUND BALANCE 7233993.47- 309488.64- 100941.07- TOTAL LIABILITIES 6 EQUITY 9009210.42- 317810.60- 100941.07- 000233 GL102 CITY OF LA QUIRTA 9/08/92 STATEMENT OF FINANCIAL POSITION PAGE TWO PERIOD 7/92 THROUGH 7/92 INFRA- EQUIPMENT QUIMBY STRUCTURE REPLACEMENT VILLAGE FUND FUND FUND PARKING ASSETS CASH 809530.85 5806979.75 BBC PAC MONEY NET PETTY CASH ACCRUED INTEREST/PREPAID EXPS ACCOUNTS RECEIVABLE LOAN RECEIVABLE P.S.D.R.C.E. ACCTS. REC. SHP CHECKS PERFORMANCE BONDS / DEP HELD DEPOSITS -WORKERS COMPENSATION TRAILER RENT DEPOSIT DEPOSIT -ELECTRIC SVC TRAILER EMPLOYEE ADVANCES/TRAVEL. PREPAID PAYROLL CLEARING DUB FROM OTHER GOVERNMENTS DUE PROM REDEVELOPMENT AGENCY SUSPENSE GENERAL FIXED ASSETS PAYMENT OF LONG TERM DEBT INVESTMENTS - LAIF INVESTMENTS C.D.'S INVEST/DWKAN AND COMPANY TOTAL ASSETS 609530.85 5806979.75 LIABILITIES i EQUITY LIABILITIES ACCOUNTS PAYABLE 545205.82- COMP ABSENCES PAYABLE CONTRACTS PAYABLE FIRE TRUCK ACCRUED EXPENSES 216.87- 1959 PENS SURVIVOR BENEFITS DEPOSITS RELD 77100.00- TOTAL LIABILITIES 522522.69- RESERVE - LANDMARK FUND BALANCE 809530.85- 5184457.05- TOTAL LIABILITIES i EQUITY 809530.85- 5806979.75- 76586.35 24790.36 76586.35 24790.36 76586.35- 24790.36- 76586.35- 24790.36- 000234 GL102 CITY OF LA QUIWTA 9/08/92 STATEMENT OF FINANCIAL POSITION PAGE THREE PERIOD 7/92 THROUGH 7/92 ASSESSMENT ASSESSMENT CITY WIDE ASSESSMENT ASSESSMENT DISTRICT DISTRICT A88MNT DIST DISTRICT DISTRICT 88-1 89-2 89-1 90-1 91-1 ASSETS CASH 83709.37 98233.58 112514.70 237855.23 960045.41 SEC PAC MOM NKT PETTY CASH ACCRUED INTEREST/PREPAID MCPS ACCOUNTS RECEIVABLE LOIN RECEIVABLE P.S.D.R.C.B. ACCTS. SEC. NHF CHECKS PERPORMANCE BONDS / DEP HELD DEPOSITS -WORKERS COMPENSATION TSAILER RENT DEPOSIT DEPOSIT -ELECTRIC SVC TRAILER EMPLOYEE ADVANCES/TRAVEL. PREPAID PAYROLL CLEARING DUE FROM OTHER GOVERNMENTS DUE FROM REDEVELOPMENT AGENCY SUSPENSE =WERAL FIRED ASSETS PAYMENT OF LONG TERM DEBT INVESTMENTS - LAIF INVESTMENTS C.D.'S INVERT/DSNMAN AND COMPANY 19727.09 TOTAL ASSETS 83709.37 117960.67 112514.70 237855.23 960045.41 LIABILITIES A EQUITY LIABILITIES ACCOUNTS PAYABLE 18359.25- 7287.00- COMP ABSENCES PAYABLE CONTRACTS PAYABLE FIRE TRUCK ACCRUED EXPENSES 7053.37- 1959 PERK SURVIVOR BENEFITS DEPOSITS ffi.D 961.26- 7128.43- 34840.00- TOTAL LIABILITIES 961.26- 7128.43- 60262.62- 7287.00- RESERVE - LANDMARK FUND BALANCE 82748.11- 110832.24- 52252.08- 237855.23- 952758.41- TOTAL LIABILITIES 6 EQUITY 63709.37- 117960.67- 112514.70- 237855.23- 960045.41- CG0235 GL102 CITY OF LA QUINTA 9/08/92 STATEMENT OF FINANCIAL POSITION PAGE FOUR PERIOD 7/92 THROUGH 7/92 ARTS IN PUBLIC 88-1 89-2 90-1 91-1 PLACES AGENCY FUND AGENCY FUND AGENCY FUND AGENCY FUND ASSETS CASE 159465.79 254606.24 259633.18 268454.62 415273.38 BBC PAC MONEY MCP PETTY CASH ACCRUED INTEREST/PREPAID MOPS ACCOUNTS RECEIVABLE LOAN RECEIVABLE P.S.D.R.C.B. ACCTS. EEC. NSF CHECKS PERFORMANCE BONDS / DEP HELD DEPOSITS -WORKERS COMPENSATION TRAILER RENT DEPOSIT DEPOSIT -ELECTRIC SVC TRAILER EMPLOYEE ADVANCES/TRAVEL PREPAID PAYROLL CLEARING DUE FROM OTHER GOVEANMINTS DUE FROM REDEVELOPMENT AGENCY SUSPENSE GENERAL FIEBD ASSETS PAYMENT OF LONG TERM DEBT INVESTMENTS - LAIF INVESTMENTS C.D.'S INVEBT/DRHMAN AND COMPANY 7572.54 TOTAL ASSETS 159465.79 262178.78 259633.18 268454.62 415273.38 LIABILITIES 6 EQUITY LIABILITIES ACCOUNTS PAYABLE COMP ABSENCES PAYABLE CONTRACTS PAYABLE FINE TRUCK ACCRUED E7@ENSES 1959 PERS SURVIVOR BENEFITS DEPOSITS BELD 93745.10- 262179.08- 259633.16- 268454.62- 415273.38- TOTAL LIABILITIES 93745.10- 262179.08- 259633.18- 268454.62- 415273.38- FUND BALANCE 65720.69- .30 TOTAL LIABILITIES i EQUITY 159465.79- 262178.78- 259633.18- 268454.62- 415273.38- 000236 GL102 CITY OF LA QUIIPTA 9/08/92 STATBMERT OF FINANCIAL POSITION PAGE FIVE PERIOD 7/92 THROUGH 7/92 DEFERRED COMPENSATION ASSETS ICKh - DEFERRED COfIP INVESTmuT 201176.33 TOTAL ASSETS 201176.33 LIABILITIES i EQUITY LIABILITIES ICMA - EMPLOYEE DEPOSITS 201176.33- TOTAL LIABILITIES 201176.33- TOTAL LIABILITIES 6 EQUITY 201176.33- 000237 GL102 ' CITY OF LA QUINTA PAGE 1 9/08/92 STATEMENT OF FINANCIAL POSITION 8.30.29 PAGE SIX PERIOD 7/92 THROUGH 7/92 T O T A L S LONG TERM GENERAL FIXED --- MEMORANDUM ONLY --- DEBT ASSETS CURRENT NNE 30, 1992 ASSETS 214322.89 425086.67 CASH SEC PAC MOQSY NNT 296882.23 196303.08 PETTY CASH 700.00 700.00 ACCRUED INTEREST/PREPAID E%PS 1250.85- ACCOUNTS RECEIVABLE 3455.45 LOAN RECEIVABLE P.S.D.R.C.B. 32549.64 34518.75 ACCTS. REC. NSF CHECKS 144.05 PERFORMANCE BONDS / DEP HELD 2000.00 2000.00 DEPOSITS -WORKERS COMPENSATION 49875.00 24059.00 TRAILER RSVP DEPOSIT 480.00 480.00 DEPOSIT -ELECTRIC SVC TRAILER 75.00 75.00 EMPLOYEE ADVANCES/TRAVEL 1538.22 2054.00 PREPAID PAYROLL CLEARING 1735.65 PREPAID PAYROLL CLEARING 546.57- 2017.02- DUE FROM OTHER GOVERNMENTS 106882.54 241963.29 DUE FROM REDEVELOPMENT AGENCY 4530500.19 5864433.58 184.75- SUSPENSE GENERAL FIXED ASSETS 3809562.10 3809562.10 3809562.10 PAYMENT OF LONG TERM DEBT 277195.57 277195.57 277195.57 10360081.71 9960081.71 INVESTMENTS - LAIF INVESTMENTS C.D.'S 500000.00 500000.00 INVEST/DENMAN AND COMPANY 2927299.63 2927299.63 TOTAL ASSETS 277195.57 3809562.10 23109698.20 24267394.86 LIABILITIES 6 EQUITY LIABILITIES 729748.47- 1103271.78- ACCOUNTS PAYABLE CCN? ABSENCES PAYABLE 255633.18- 255633.18- 255633.18- CONTRACTS PAYABLE FIRE TRUCK 21562.39- 21562.39- 21562.39- 37592.22- 37592.22- ACCRUED SENSES 1959 PERK SURVIVOR BENEFITS 326.16- 68.45- DEPOSITS HELD 3809562.10- 5647709.21- 5537234.20- TOTAL LIABILITIES 277195.57- 3809562.10- 6692571.63- 6955362.22- 1175172.31- 1175172.31- RESERVE - LANDMARK FUND BALANCE 15241954.26- 16136860.33- TOTAL LIABILITIES G EQUITY 277195.57- 3809562.10- 23109698.20- 24267394.86- p alu CL64 R E V E N U E S U M M A R Y ---- BY FUND PAGE (; 1 9/05/92 ACCOUNT BALANCES THRU 7/31/92 12.04.54 REMAINING FND DEPT OBJ SUB DESCRIPTION RECEIVED ESTIMATE ESTIMATE %COMP FUND 1 GENERAL FUND 1-3100-031-010 PROPERTY TAX 8346.53 347000.00- 355346.53- 2.4-% 1-3100-031-012 DOCUMENT TRANSFER TAX 105000.00- 105000.00- .0 % 1-3100-031-020 SALES TAX 20393.75- 1015170.00- 994776.25- 2.0 % 1-3100-031-030 TRANSIENT OCCUPANCY TAX 54.00- 1763900.00- 1763846.00- .0 % 1-3100-031-031 FRANCHISE TAX 234500.00- 234500.00- .0 % 1-3100-031 ---OBJECT TOTAL 12101.22-* 3465570.00-* 3453468.78-* .3 % 1-3100------- DEPARTMENT TOTAL 12101.22-** 3465570.00-** 3453468.78-** .3 % 1-3200-032-010 BUSINESS LICENSES 3011.50- 73000.00- 69988.50- 4.1 % 1-3200-032-012 ANIMAL LICENSES 716.00- 7500.00- 6784.00- 9.5 % 1-3200-032-020 BUILDING PERMITS 72368.45- 240000.00- 167631.55- 30.2 % 1-3200-032-021 PLUMBING PERMITS 14147.50- 52500.00- 38352.50- 26.9 % 1-3200-032-023 ELECTRICAL PERMITS 12780.00- 38500.00- 25720.00- 33.2 % 1-3200-032-024 MECHANICAL PERMITS 6505.00- 21000.00- 14495.00- 31.0 % 1-3200-032-025 ENCROACHMENT PERMITS 1900.00- 96500.00- 94600.00- 2.0 % 1-3200-032-026 MISC. PERMITS 600.00- 6000.00- 5400.00- 10.0 % 1-3200-032 ---OBJECT TOTAL 112028.45-* 535000.00-* 422971.55-* 20.9 % 1-3200------- DEPARTMENT TOTAL 112028.45-** 535000.00-** 422971.55-** 20.9 % 1-3300-033-022 MOTOR VEHICLE IN -LIEU 497000.00- 497000.00- .0 % 1-3300-033-023 OFF HIGHWAY LICENSE FEES 255.00- 255.00- .0 % 1-3300-033-024 MOBILE HOME LICENSE FEES 10200.00- 10200.00- .0 % 1-3300-033-025 RDA ADMINISTRATIVE FEES 66059.70- 667280.00- 601220.30- 9.9 % 1-3300-033 ---OBJECT TOTAL 66059.70-* 1174735.00-* 1108675.30-* 5.6 % 1-3300------- DEPARTMENT TOTAL 66059.70-** 1174735.00-** 1108675.30-** 5.6 % 1-3400-034-010 PLANNING & ZONING FEES 2610.00- 35000.00- 32390.00- 7.5 % 1-3400-034-011 ENGINEERING FEES 940.44 12000.00- 12940.44- 7.8-% 1-3400-034-012 PLAN CHECK FEES 56048.63- 200000.00- 143951.37- 28.0 % 1-3400-034-020 SALE OF MAPS & PUBLICATIONS 876.50- 6250.00- 5373.50- 14.0 % 1-3400-034-030 DEVELOPER AGREEMENT FEES 40000.00- 40000.00- .0 % 1-3400-034 ---OBJECT TOTAL 58594.69-* 293250.00-* 234655.31-* 20.0 % 1-3400------- DEPARTMENT TOTAL 58594.69-** 293250.00-** 234655.31-** 20.0 % 1-3500-035-010 MISCELLANEOUS FINES * 5500.00-* 5500.00-* .0 % 1-3500-435-011 MOTOR VEHICLE CODE FINES * 6800.00-* 6800.00-* .0 $ 1-3500------- DEPARTMENT TOTAL ** 12300.00-** 12300.00-** .0 % 1-3600-036-010 INTEREST EARNINGS 14712.85-* 292000.00-* 277287.15-* 5.0 % 1-3600------- DEPARTMENT TOTAL 14712.85-** 292000.00-** 277287.15-** 5.0 % 1-3700-037-010 MISCELLANEOUS REVENUE 10522.25- 45825.00- 35302.75- 23.0 % 1-3700-037-013 88-1 AD CALCULATION 540.00- 3900.00- 3360.00- 13.8 % 1-3700-037-016 89-2 AD CALCULATION 600.00- 4500.00- 3900.00- 13.3 % 1-3700-037-017 90-1 AD CALCULATION 480.00- 4000.00- 3520.00- 12.0 % 1-3700-037-019 91-1 AD CALCULATION 735.00- 5700.00- 4965.00- 12.9 % 1-3700-037-021 92-1 AD CALCULATION 5900.00- 5900.00- .0 % 1-3700-037-024 LOTH ANIVERSARY CELEBRATION 200.00- 200.00 .0 % 1-3700-037 ---OBJECT TOTAL 13077.25-* 69825.00-* 56747.75-* 18.7 % 1-3700-038-040 REVENUE/SR CENTER 320.67-* 6400.00-* 6079.33-* 5.0 % 1-3700-500-000 PERE CREDIT TAKEN * 80221.00-* 80221.00-* .0 % 1-3700------- DEPARTMENT TOTAL 13397.92-** 156446.00-** 143048.08-** 8.6 % 1-3725-000-001 LEISURE TRIPS 6690.00- 6690.00- .0 % 1-3725-000-002 ADULT SOFTBALL 2680.00- 2680.00- .0 % 1-3725-000-003 ADULT VOLLEYBALL 800.00- 800.00- .0 % 1-3725-000-004 LIESURE CLASSES 1500.00- 1500.00- .0 % 1-3725-000-005 ADULT BASKETBALL 340.00- 340.00- .0 % 1-3725-000-006 YOUTH BASKETBALL 1600.00- 1600.00- .0 % 1-3725-000-007 FRITZ BURNS PARK 100.00- 100.00- .0 % 000239 OL64 R E V E N U E SUMMARY ---- EY FUND PAGE R 2 9/05/92 ACCOUNT BALANCES TRRU 7/31/92 12.04.55 REMAINING FND DEPT OBJ SUB DESCRIPTION RECEIVED ESTIMATE ESTIMATE %COMP 1-3725-000 ---OBJECT TOTAL * 13710.00-* 13710.00-* .0 % 1-3725------- DEPARTMENT TOTAL ** 13710.00-** 13710.00-** .0 % 1-----------FUND SAL 276894.83-*** 5943011.00-*** 5666116.17-*** 4.7 % FUND 2 STATE GAS TAX FUND 2-3300-233-024 SECTION 2106 53000.00- 53000.00- .0 % 2-3300-233-025 SECTION 2107 95000.00- 95000.00- .0 % 2-3300-233-026 SECTION 2107.5 3000.00- 3000.00- .0 $ 2-3300-233 ---OBJECT TOTAL * 151000.00-* 151000.00-* .0 % 2-3300-236-010 INTEREST EARNED 1030.30-* 26200.00-* 25169.70-* 3.9 8 2-3300------- DEPARTMENT TOTAL 1030.30-** 177200.00-** 176169.70-** .6 % 2-3700-500-000 PENS CREDIT TAKEN * 18163.00-* 18163.00-* .0 % 2-3700------- DEPARTMENT TOTAL ** 18163.00-** 18163.00-** .0 t 2----------- FUND TOTAL 1030.30-*** 195363.00-*** 194332.70-*** .5 t FUND 13 LANDSCAPE MAINT. DISTRICT N1 13-3300-136-010 INTEREST EARNED 347.23-* * 347.23 * .0 % 13-3300------- DEPARTMENT TOTAL 347.23-** ** 347.23 ** .0 6 13----------- FUND TOTAL 347.23-*** xx* 347.23 x** .0 t FUND 14 ASSESSMENT DISTRICT 88-1 14-3300-146-010 INTEREST EARNED 287.95-* * 287.95 * .O $ 14-3300------- DEPARTMENT TOTAL 287.95-** ** 287.95 ** .0 8 14----------- FUND TOTAL 287.95-*** *** 287.95 *** .0 % FUND 15 ASSESSMENT DISTRICT 89-2 15-3300-156-010 INTEREST EARNED 337.92-* * 337.92 * .0 t 15-3300------- DEPARTMENT TOTAL 337.92-** ** 337.92 ** .0 t 15----------- FUND TOTAL 337.92-*** *** 337.92 *** .0 t FUND 16 CITY-WIDE ASSESSMENT DIST 89-1 16-3300-116-010 INTEREST EARNED 387.05-* * 387.05 * .0 8 16-3300-833-114 LANDSCAPE MAINT DISTRICT M1 779.49-* 557080.00-* 556300.51-* .1 t 16-3300------- DEPARTMENT TOTAL 1166.54-** 557080.00-** 555913.46-** .2 % 16-3700-500-000 PERS CREDIT TAREN * 25651.00-* 25651.00-* .0 % 16-3700------- DEPARTMENT TOTAL ** 25651.00-** 25651.00-** .0 % 16----------- FUND TOTAL 1166.54-*** 582731.00-*** 581564.46-*** .2 t FUND 17 QUIMBY FUND 17-3300-176-010 INTEREST EARNED 2784.75-* * 2784.75 * .0 $ 17-3300------- DEPARTMENT TOTAL 2784.75-** xx 2784.75 ** .0 t 17-3800-038-017 FEE IN LIEU PARKLAND DEDICATION * 25000.00-* 25000.00-* .0 t 17-3800------- DEPARTMENT TOTAL ** 25000.00-** 25000.00-** .0 % 17----------- FUND TOTAL 2784.75-*** 25000.00-*** 22215.25-*** 11.1 % FUND 18 INFRASTRUCTURE FUND 18-3300-185-010 INTEREST EARNED 19569.56-* 180000.00-* 160430.44-* 10.9 % 18-3300------- DEPARTMENT TOTAL 19569.56-** 180000.00-** 160430.44-** 10.9 % 18-3810-132-018 INFRASTRUCTURE FEES 174138.94-* 850000.00-* 675861.06-* 20.5 $ 18-3810------- DEPARTMENT TOTAL 174138.94-** 850000.00-** 675861.06-** 20.5 t 18-3950-000-000 TRANSFER IN * 4825274.00-* 4825274.00-* .0 % 18-3950------- DEPARTMENT TOTAL ** 4825274.00-** 4825274.00-** .0 % 18----------- FUND TOTAL 193708.50-*** 5855274.00-*** 5661565.50-*** 3.3 % 000240 GL64 R E V E N U E SUMMARY ---- BY FUND PAGE Q�3 9/05/92 ACCOUNT BALANCES TBIW 7/31/92 12.04.56 REMAINING FED DEPT OBJ SUB DESCRIPTION RECEIVED ESTIMATE ESTIMATE %COMP FUND 19 EQUIPMENT REPLACEMENT FUND 19-3300-120-010 INTEREST EARNED 263.45-* * 263.45 * .0 % 19-3300------- DEPARTMENT TOTAL 263.45-** ** 263.45 ** .0 % 19----------- FUND TOTAL 263.45-*** *ww 263.45 *** 0 FUND 20 VILLAGE PARKING FUND 20-3300-206-010 INTEREST EARNED 85.28-* • 85.28 * .0 % 20-3300------- DEPARTMENT TOTAL 85.28-** ** 85.28 ** .0 20-3700-104-020 VILLAGE PARKING LIEN AGREEMENT 8838.00-* 3375.00-* 5463.00 * 261.9 % 20-3700------- DEPARTMENT TOTAL 8836.00-•* 3375.00-** 5463.00 *• 261.9 20----------- FUND TOTAL 6923.28-*** 3375.00-*** 5548.28 *** 264.4 % FUND 21 ASSESSMENT DISTRICT 90-1 21-3300-216-010 INTEREST EARNED 818.22-* • 818.22 * .0 4 21-3300------- DEPARTMENT TOTAL 818.22-** ** 818.22 ** .0 % 21----------- FUND TOTAL 818.22-*** *w* 818.22 *** .0 FUND 22 ASSESSMENT DISTRICT 91-1 22-3300-221-010 INTEREST EARNED 3302.51-* * 3302.51 • .0 % 22-3300------- DEPARTMENT TOTAL 3302.51-** ** 3302.51 ** .0 22----------- FUND TOTAL 3302.51-*** *•• 3302.51 *"* .0 % FUND 23 ARTS IN PUBLIC PLACES 23-3300-226-010 INTEREST EARNED 548.56-* • 548.56 * .0 % 23-3300------- DEPARTMENT TOTAL 548.56-** •* 548.56 *" .0 23----------- FUND TOTAL 548.56-*** *w* 546.56 *"* .0 % 000'241 GL64 9/05/92 FND DEPT OBJ SUB DESCRIPTION A P P R 0 P R I A T I ON SUMMARY ---- BY FUND ACCOUNT BALANCES TBRU 7/31/92 ENCUMBRANCES EXPENDITURES BALANCE FUND 1 GENERAL FUND 1-4110-101-000 SALARIES, REGULAR 1-4110-109-000 FRINGE BENEFITS 1-4110-110-015 L. Q. HISTORICAL SOCIETY 1-4110-110-022 GRANT/FAMILY YMCA 1-4110-110-026 GRANT/BOYS AND GIRLS CLUB L 1-4110-110-030 BOY SCOUT TROUP #150 1-4110-110-031 CV PUBLIC EDUCATION FOUNDAT 1-4110-110-032 FRIENDS OF LA QUINTA LIBRAR 1-4110-110-033 PTA/EARTHQUAKE COMMITTEE 1-4110-110-034 C.V. COMMUNITY CONCERTS 1-4110-110-050 MISC PROMOTIONS 1-4110-110-151 LIVING DESERT MUSEUM 1-4110-110 ---OBJECT TOTAL 1-4110-111-000 CONTRACT CITY ATTORNEY SERV 1-4110-114-010 PUBLICATIONS/DUES 1-4110-116-000 RENT/OFFICES 1-4110-117-000 TRAVEL 6 MEETINGS 1-4110-120-000 SPECIAL. PROJECT CONTINGENCY 1-4110-130-000 OFFICE SUPPLIES 1-4110-130-001 PRINTING 1-4110-130 ---OBJECT TOTAL 1-4110-132-000 SPECIAL DEPARTMENTAL SUPPLI 1-4110-132-010 CIVIC CENTER ART PURCHASE 1-4110-132 ---OBJECT TOTAL 1-4110-133-000 TENTH ANNIVERSARY CELEBRATI 1-4110------- DEPARTMENT TOTAL 1-4120-101-000 SALARIES, REGULAR 1-4120-109-000 FRINGE BENEFITS 1-4120-111-000 CONTRACT SVCS/PROFESSIONAL- 1-4120-114-010 PUBLICATIONS/DUES 1-4120-116-000 RENT/OFFICES 1-4120-117-000 TRAVEL 6 MEETINGS 1-4120-130-000 OFFICE SUPPLIES 1-4120-130-001 PRINTING 1-4120-130 ---OBJECT TOTAL 1-4120-131-000 ART IN PUBLIC-PRG4 DEVLPMNT 1-4120-132-000 SPECIAL DEPT. SUPPLIES 1-4120------- DEPARTMENT TOTAL 1-4130-101-000 SALARIES, REGULAR 1-4130-109-000 FRINGE BENEFITS 1-4130-110-000 ADVERTISING/LEGAL a PUBLICS 1-4130-111-000 CONTRACT SVCS/PROFESSIONAL- 1-4130-114-010 PUBLICATIONS @ DUES 1-4130-115-000 POSTAGE 1-4130-116-010 RENT/EQUIPMENT 1-4130-117-000 TRAVEL 6 MEETINGS/STAFF 1-4130-117-050 CS COMMISSIONERS SALARIES 1-4130-117 ---OBJECT TOTAL 1-4130-130-000 OFFICE SUPPLIES 1-4130-130-001 PRINTING 1-4130-130 ---OBJECT TOTAL 1-4130-132-000 SPECIAL DEPARTMENTAL SUPPLI 1-4130-143-100 EQUIPMENT -CAP * 4400.00 * 4400.00 * 2362.58 * 2362.58 1000.00 * 1000.00 * * 27028.25 * * 968.00 * * 2240.00 * * 3037.89 * * 200.00 * 23.91- 44.84 23.91-* 44.84 * 47.82-* x * 47.82-** x * x x x x x * x 41281.56 ** 34178.07 6492.90 5906.48 15790.22 400.00 1448.53 184.12 184.12 1065.74 20.95 65487.01 ** 12954.85 4347.23 x x 75.00 x 177.36 210.00 300.00 510.00 224.18 224.18 * 6.07 * 1000.00 1000.00 * 27028.25 * 968.00 * 2240.00 * 3037.89 * 200.00 * 20.93 20.93 * * x 41257.65 ** 34178.07 6492.90 5906.48 15790.22 400.00 * 1440.53 * 136.30 136.30 * 1065.74 * 20.95 * 65439.19 ** 12954.85 4347.23 * * 75.00 x 177.36 220.00 300.00 510.00 104.63 104.63 * 6.07 * k PAGE A 1 12.04.58 REMAINING BUDGET BUDGET $COMP 26400.00 * 34230.00 * 3500.00 5000.00 4200.00 1550.00 1500.00 3500.00 2000.00 3750.00 2500.00 1000.00 28500.00 * 350000.00 * 23750.00 * 15000.00 * 28200.00 * 15000.00 * 600.00 500.00 1100.00 * 4000.00 3000.00 7000.00 * x 529180.00 ** 304309.00 102732.00 15000.00 2802.00 2400.00 17900.00 * 2500.00 2000.00 4500.00 * x 400.00 450043.00 ** 112729.00 52737.00 9000.00 12500.00 2010.00 4310.00 2600.00 4900.00 4900.00 * 4500.00 2700.00 7200.00 * 6000.00 * 3000.00 * 22000.00 * 31867.42 * 3500.00 5000.00 4200.00 1550.00 1500.00 3500.00 2000.00 3750.00 2500.00 27500.00 * 322971.75 * 22782.00 * 12760.00 * 25162.11 14800.00 579.07 500.00 1079.07 4000.00 3000.00 7000.00 x 487922.35 ** 270130.93 96239.10 * 9093.52 * 12988.22-* 2000.00 * 16451.47 * 2363.70 2000.00 4363.70 * 1065.74-* 379.05 384603.81 ** 99774.15 48389.77 9000.00 12500.00 1935.00 4310.00 2422.64 4690.00 300.00- 4390.00 * 4395.37 2700.00 7095.37 * 5993.93 * 3000.00 * 000242 16.7 t 6.9 t .0 t .0 $ .0 8 .0 t .0 $ .0 $ .0 t .0 t .0 $ 100.0 t 3.5 t 7.7 t 4.1 t 14.9 t 10.8 t 1.3 $ 3.5 t .0 $ 1.9 $ .0 t .0 $ .0 t .0 % 7.8 t 11.2 $ 6.3 t 39.4 8 563.5 $ 16.7 t 8.1 $ 5.5 % .0 % 3.0 % .0 t 5.2 t 14.5 t 11.5 % 8.2 % .0 % .0 $ 3.7 $ .0 $ 6.8 $ 4.3 $ .0 t 10.4 $ 2.3 t .0 t 1.5 t .1 $ .0 $ R I AT ION SUMMARY ---- BY FUND PAGE A2 CL64 A P P R 0 P 9/05/92 ACCOUNT BALANCES THRU 7/31/92 12.04.59 REMAINING FND DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES BALANCE BUDGET BUDGET %COMP FUND 1 GENERAL FUND 1-4130------- DEPARTMENT TOTAL 119.55-** 18294.69 ** 18175.14 ** 216986.00 ** 198810.86 ** 8.4 t 1-4150-101-000 SALARIES, REGULAR * 20994.49 * 20994.49 * 258888.00 * 237893.51 * 8.1 t 1-4150-109-000 FRINGE BENEFITS * 6255.21 * 6255.21 * 103655.00 * 97399.79 * 6.0 t 1-4150-111-000 CONTRACT SERVICES * * * 17500.00 * 17500.00 * .0 t 1-4150-114-010 PUBLICATIONS/DUES * 155.11 * 165.11 * 1200.00 * 1034.89 * 13.8 t 1-4150-116-000 RENT/OFFICES * 2240.00 * 2240.00 * 14000.00 * 11760.00 * 16.0 t 1-4150-117-000 TRAVEL 6 MEETINGS * 293.80 * 293.80 * 3250.00 * 2956.20 * 9.0 t 1-4150-118-020 UTILITIES/ELECTRIC * 265.71 * 265.71 * 2500.00 * 2234.29 * 10.6 i 1-4150-130-000 OFFICE SUPPLIES 47.82- 166.17 118.35 3300.00 3181.65 3.6 t 1-4150-130-001 PRINTING 371.28 371.28 2780.00 2408.72 13.4 t 1-4150-130 ---OBJECT TOTAL 47.82-* 537.45 * 489.63 * 6080.00 * 5590.37 * 8.1 t 1-4150-132-000 SPECIAL DEPARTMENTAL SUPPLI * * * 2700.00 * 2700.00 * .0 t 1-4150-143-000 EQUIPMENT * * * 150.00 * 150.00 * .0 t 1-4150------- DEPARTMENT TOTAL 47.82-** 30751.77 ** 30703.95 ** 409923.00 ** 379219.05 ** 7.5 t 1-4190-110-000 ADVERTISING -JOB RECRUITMENT * 56.03 * 56.03 * 4000.00 * 3943.97 * 1.4 i 1-4190-111-000 SERVICES -CUSTODIAL 1685.90 1685.90 22560.00 20874.10 7.5 i 1-4190-111-010 SERVICES -EMPLOYEE EXAMS 1000.00 1000.00 .0 i 1-4190-111-030 SERVICES CONTRACT - CLAIMS 12000.00 12000.00 .0 t 1-4190-111 ---OBJECT TOTAL * 1685.90 * 1685.90 * 35550.00 * 33874.10 * 4.7 t 1-4190-112-000 INSURANCE-LIABILITY/CASUALT * 996.89 * 996.89 * 126000.00 * 125003.11 * .8 i 1-4190-113-010 EQUIPMENT MAINTENANCE * 8542.42 * 8542.42 * 27990.00 * 19447.58 * 30.5 t 1-4190-115-OOD POSTAGE * 2617.97 * 2617.97 * 22000.00 * 19382.03 * 11.9 t 1-4190-118-020 UTILITIES -ELECTRIC 636.08 636.08 5700.00 5063.92 11.2 t 1-4190-118-030 UTILITIES -TELEPHONE 1556.48 1556.48 28000.00 26443.52 5.6 t 1-4190-118 ---OBJECT TOTAL * 2192.56 * 2192.56 * 33700.00 * 31507.44 * 6.5 t 1-4190-130-000 OFFICE SUPPLIES * 50.27 * 50.27 * * 50.27-* .0 t 1-4190-131-DOO EMPLOYEE RECOGNITION 27.37 27.37 4500.00 4472.63 .6 i 1-4190-131-005 EMPLOYEE EDUCATION 165.00 165.00 1000.00 835.00 16.5 t 1-4190-131 ---OBJECT TOTAL * 192.37 * 192.37 * 5500.00 * 5307.63 * 3.5 t 1-4190-132-000 SPECIAL DEPARTMENTAL SUPPLI * 2513.27 * 2513.27 * 21000.00 * 18486.73 * 12.0 t 1-4190------- DEPARTMENT TOTAL ** 18847.68 ** 18847.68 ** 275750.00 ** 256902.32 ** 5.8 t 1-4192-101-000 SALARIES, REGULAR 5113.72 5113.72 48225.00 43111.28 10.6 t 1-4192-101-020 SALARIES, OVERTIME 483.00 483.00 .0 $ 1-4192-101 ---OBJECT TOTAL * 5113.72 * 5113.72 * 48708.00 * 43594.28 * 10.5 t 1-4192-109-000 FRINGE BENEFITS * 1504.50 * 1504.50 * 17928.00 * 16423.50 * 8.4 i 1-4192-110-013 R.S.V.P. * 1685.00 * 1685.00 * 1685.00 * * 100.0 i 1-4192-111-000 CONTRACT SERVICES * 60.00 * 60.00 * 1235.00 * 1175.00 * 4.9 t 1-4192-112-000 VOLUNTEER INSURANCE * * * 250.00 * 250.00 * .0 i 1-4192-113-000 MAINT 6 OPERATION - EQUIPME x * * 4110.00 * 4110.00 * .0 t 1-4192-114-010 PUBLICATIONS AND DUES x * * 375.00 * 375.00 * .0 8 1-4192-115-000 POSTAGE * * * 30.00 * 30.00 * .0 t 1-4192-116-000 RENT/OFFICE 2431.26 2431.26 19620.00 17188.74 12.4 t 1-4192-116-010 RENT -EQUIPMENT 39.94 39.94 850.00 810.06 4.7 t 1-4192-116 ---OBJECT TOTAL * 2471.20 * 2471.20 * 20470.00 * 17998.80 * 12.1 $ 1-4192-117-000 TRAVEL AND MEETINGS * * * 2100.00 * 2100.00 * .0 t 1-4192-118-020 UTILITIES/ELECTRIC 161.32 161.32 3000.00 2838.68 5.4 t 1-4192-110-040 UTILITIES/GAS 600.00 600.00 .0 t 1-4192-118 ---OBJECT TOTAL * 161.32 * 161.32 * 3600.00 * 3438.68 * 4.5 t 1-4192-130-000 OFFICE SUPPLIES 23.91- 22.41 1.50- 2115.00 2116.50 .1-t 1-4192-130-001 PRINTING 700.00 700.DO .0 t 1-4192-130 ---OBJECT TOTAL 23.91-* 22.41 * 1.50-* 2815.00 * 2816.50 * .1-t 1-4192-132-000 SPECIAL DEPARTMENTAL SUPPLI * 111.25 * 111.25 * 4040.00 * 3928.75 * 2.8 i 1-4192-143-000 EQUIPMENT * * * 460.00 * 460.00 * .0 i 000243 GL64 A P P R O P R I A T I O N S U M M A R Y ---- BY FUND PAGE A 3 9/05/92 ACCOUNT BALANCES THRU 7/31/92 12.05.00 REMAINING FND DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES BALANCE BUDGET BUDGET $COMP FUND 1 GENERAL FUND 1-4192------- DEPARTMENT TOTAL 23.91-** 11129.40 ** 11105.49 ** 107806.00 ** 96700.51 ** 10.3 $ 3117.17 3117.17 90395.00 87277.83 3.4 $ 1-4195-101-000 SALARIES, REGULAR 1430.00 1430.00 .0 % 1-4195-101-020 SALARIES, OVERTIME * 3117.17 * 3117.17 * 91825.00 * 88707.83 * 3.4 $ 1-4195-101 ---OBJECT TOTAL * 958.67 * 958.67 * 42206.00 * 41247.33 * 2.3 % 1-4195-109-000 BENEFITS * * * 3000.00 * 3000.00 * .0 % 1-4195-110-000 ADVERTISING * * * 1245.00 * 1245.00 * .0 % 1-4195-114-010 PUBLICATION AND DUES 1-4195-117-000 TRAVEL AND MEETINGS * 8.50 * 8.50 * 11590.00 * 11581.50 * .1 $ 1-4195-130-000 OFFICE SUPPLIES 35.81 35.81 2700.00 2664.19 1.3 $ 2800.00 2800.00 .0 $ 1-4195-130-001 PRINTING * 35.81 * 35.81 * 5500.00 * 5464.19 * .7 $ 1-4195-130 ---OBJECT TOTAL * x * 200.00 * 200.00 * .0 $ 1-4195-132-000 SPECIAL DEPT. SUPPLIES * * * 3595.00 * 3595.00 * .0 $ 1-4195-143-100 EQUIPMENT - CAP * * * 6394.00 * 6394.00 * .0 % 1-4195-152-000 FAMILY TRIPS/EXCURISIONS * * * 1988.00 * 1988.00 * .0 $ 1-4195-153-000 ADULT SOFTBALL * * * 433.00 * 433.00 * .0 $ 1-4195-154-000 ADULT VOLLEYBALL 1-4195-156-000 LEISURE ENRICHMENT PROGRAM " * * 1898.00 * 1898.00 * .0 $ * * * 457.00 * 457.00 * .0 % 1-4195-157-000 ADULT BASKETBALL * * * 2376.00 * 2376.00 * .0 % 1-4195-158-000 YOUTH BASKETBALL * * * 4195.00 * 4195.00 * .0 $ 1-4195-160-000 SUNSHINE THEATRE ** 4120.15 ** 4120.15 ** 176902.00 ** 172781.85 ** 2.3 % 1-4195------- DEPARTMENT TOTAL 1-4200-101-000 SALARIES, REGULAR 21950.00 21950.00 178788.00 156838.00 12.3 % 1-4200-101-020 SALARIES, OVERTIME 194.91 194.91 206.00 11.09 94.6 % * 22144.91 * 22144.91 * 178994.00 * 156849.09 * 12.4 $ 1-4200-101 ---OBJECT TOTAL 1-4200-109-000 FRINGE BENEFITS * 6180.26 * 6180.26 * 68669.00 * 62488.74 * 9.0 $ 1250.00 1250.00 .0 $ 1-4200-110-020 FALL CLEAN UP CAMPAIGN 1-4200-110-080 C.P.R. TRAINING 32.22- 32.22- 1300.00 1332.22 2.5-% 800.00 800.00 .0 % 1-4200-110-110 MICRO FICHE - APN 1-4200-110 ---OBJECT TOTAL 32.22-* * 32.22-* 3350.00 * 3382.22 * 1.0-% * * * 1800.00 * 1800.00 * .0 % 1-4200-112-010 VEHICLE INSURANCE (1) 1-4200-113-000 MAINTENANCE/OPERATION-AUTO 10.00 10.00 1200.00 1190.00 .8 % 1-4200-113-010 MAINTENANCE/OPERATION-RADIO 315.75 315.75 6000.00 5684.25 5.3 $ 1-4200-113 ---OBJECT TOTAL * 325.75 * 325.75 * 7200.00 * 6874.25 * 4.5 $ 1-4200-114-010 PUBLICATIONS/DUES * 59.78-* 59.78-* 300.00 * 359.78 * 19.9-$ * * * 1000.00 * 1000.00 * .0 % 1-4200-116-010 RENT/EQUIPMENT 1-4200-117-000 TRAVEL & MEETINGS * 460.00 * 460.00 * 7600.00 * 7140.00 * 6.1 % 1-4200-130-000 OFFICE SUPPLIES 23.91- 94.33 70.42 2000.00 1929.58 3.5 % 45.80 45.80 1000.00 954.20 4.6 % 1-4200-130-001 PRINTING 1-4200-130 ---OBJECT TOTAL 23.91-* 140.13 * 116.22 * 3000.00 * 2883.78 * 3.9 $ 1-4200-132-000 SPECIAL DEPARTMENTAL SUPPLI * 333.71 * 333.71 * 2150.00 * 1816.29 * 15.5 % * * * 950.00 * 950.00 * .0 $ 1-4200-143-000 EQUIPMENT 1-4200------- DEPARTMENT TOTAL 56.13-** 29524.98 ** 29468.85 ** 275013.00 "" 245544.15 ** 10.7 % 1-4201-101-000 SALARIES, REGULAR 11787.80 11787.80 89310.00 77522.20 13.2 $ 1-4201-101-020 SALARIES, OVERTIME 41.07 41.07 1545.00 1503.93 2.7 $ 1-4201-101 ---OBJECT TOTAL * 11828.87 * 11828.87 * 90855.00 * 79026.13 * 13.0 $ 1-4201-109-000 FRINGE BENEFITS * 4971.74 * 4971.74 * 47877.00 * 42905.26 * 10.4 $ 1-4201-112-010 VEHICLE INSURANCE (2) * * * 3600.00 " 3600.00 * .0 8 1-4201-113-000 MAINTENANCE 6 OPERATION - A * 45.00 * 45.00 * 6000.00 * 5955.00 * .8 $ 1-4201-114-010 PUBLICATIONS & DUES * * * 50.00 * 50.00 * .0 $ 1-4201-117-000 TRAVEL 6 MEETINGS * 313.98 * 313.98 * 1000.00 * 686.02 * 31.4 % 1-4201-118-020 UTILITIES/ELECTRIC * 91.12 * 91.12 * 650.00 * 558.88 * 14.0 % 1-4201-130-000 OFFICE SUPPLIES 23.91- 44.84 20.93 850.00 829.07 2.5 % 1-4201-130-001 PRINTING 137.38 137.38 1000.00 862.62 13.7 % nf)Q)244 O P R I A T I O N S U M M A R Y ---- BY FUND Pam' A 4 GI,64 A P P R ACCOUNT BALANCES TBRU 7/31/92 12.05.02 9/05/92 REMAINING FND DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES BALANCE BUDGET BUDGET %COMP FUND 1 GENERAL FUND 1-4201-130 ---OBJECT TOTAL 23.91-* 182.22 * 158.31 * 1850.00 * 1691.69 * 8.6 % * * * 2800.00 * 2800.00 * .0 % 1-4201-132-000 SPECIAL DEPARTMENTAL SUPPLI * * * 500.00 * 500.00 * .0 % 1-4201-143-000 EQUIPMENT 1-4201-144-000 SPECIAL LOT CLEANING 1665.00 1665.00 16500.00 14835.00 10.1 % 5000.00 5000.00 .0 % 1-4201-144-005 GRAFFITI REMOVAL 8000.00 8000.00 .0 % 1-4201-144-010 RIGHT OF WAY CLEANING * 1665.00 * 1665.00 * 29500.00 * 27835.00 * 5.6 % 1-4201-144 ---OBJECT TOTAL 1-4201------- DEPARTMENT TOTAL 23.91-** 19097.93 ** 19074.02 ** 184682.00 ** 165607.98 ** 10.3 % 1-4202-101-000 SALARIES, REGULAR 5226.00 5226.00 60358.00 55132.00 8.7 % 1030.00 1030.00 .0 % 1-4202-101-020 SALARIES, OVERTIME 1-4202-101 ---OBJECT TOTAL * 5226.00 * 5226.00 * 61388.00 * 56162.00 * 8.5 % 1-4202-109-000 FRINGE BENEFITS * 2302.01 * 2302.01 * 37874.00 * 35571.99 * 6.1 % 1-4202-111-030 ANIMAL CONTROL SERVICES - C 1900.00 1900.00 15000.00 13100.00 12.7 % 500.00 500.00 .0 % 1-4202-111-040 VETERINARY SERVICES 1-4202-111 ---OBJECT TOTAL * 1900.00 * 1900.00 * 15500.00 * 13600.00 * 12.3 % * * * 3600.00 * 3600.00 * .0 % 1-4202-112-010 INSURANCE/VEHICLES 1-4202-113-000 MAINTENANCE/OPERATION - AUT 4000.00 4000.00 .0 % 1-4202-113-010 MAINT/OPERATION RADIO 420.00- 420.00- 500.00 920.00 84.0-t 1-4202-113 —OBJECT TOTAL * 420.00-* 420.00-* 4500.00 * 4920.00 * 9.3-% * * * 75.00 * 75.00 * .0 % 1-4202-114-010 PUBLICATIONS 6 DUES 200.00 200.00 .0 % 1-4202-116-010 RENT/EQUIPMENT 1-4202-116-030 RENT/UNIFORMS 99.84 99.84 1500.00 1400.16 6.7 % 1-4202-116 ---OBJECT TOTAL. * 99.84 * 99.84 * 1700.00 * 1600.16 * 5.9 % * * * 750.00 * 750.00 * .0 % 1-4202-117-000 TRAVEL 6 MEETINGS 1-4202-118-020 UTILITIES/ELECTRIC * 47.04 * 47.04 * 500.00 * 452.96 * 9.4 % * * * 550.00 * 550.00 * .0 $ 1-4202-130-001 PRINTING 1-4202-132-000 SPEC. DEPT. SUP. - DARTS 6 * * * 675.00 * 675.00 * .0 % 750.00 750.00 .0 % 1-4202-143-000 EQUIPMENT 1000.00 1000.00 .0 t 1-4202-143-100 EQUIPMENT - CAP * * * 1750.00 * 1750.00 * .0 t 1-4202-143 ---OBJECT TOTAL 1-4202 ------- DEPARTMENT TOTAL ** 9154.89 ** 9154.89 ** 128862.00 ** 119707.11 ** 7.1 8 1-4204-111-000 LAW ENFORCEMENT SVCS. 577.83 577.83 1427417.00 1426839.17 .0 8 1-4204-111-060 CALIFORNIA ID/FINGER PRINTI 8300.00 8300.00 .0 % 1-4204-111-100 LAW ENFORCEMENT CMPTR PROGM 14892.00 14892.00 .0 t 1-4204-111 ---OBJECT TOTAL * 577.83 * 577.83 * 1450609.00 * 1450031.17 * .0 % 1-4204------- DEPARTMENT TOTAL ** 577.83 ** 577.83 ** 1450609.00 ** 1450031.17 ** .0 % * * * 3500.00 * 3500.00 * .0 % 1-4205-110-017 VOLUNTEER FIRE APPRC. 1-4205-111-050 DISASTER PREPAREDNESS 17800.00 17800.00 .0 % 1-4205-111-070 FIRE EMERGENCY SUPPORT 17000.00 17000.00 .0 % * * * 34800.00 * 34800.00 * .0 t 1-4205-111 ---OBJECT TOTAL 1-4205-147-000 FIRE ENGINE PASS THROUGH * * * 23072.00 * 23072.00 * .0 t ** ** ** 61372.00 ** 61372.00 ** .0 8 1-4205 ------- DEPARTMENT TOTAL 1-4210-110-011 L.Q. CHAMBER OF COMMERCE 33000.00 33000.00 62500.00 29500.00 52.6 % 1-4210-110-012 L.Q. ARTS FOUNDATION 25000.00 25000.00 .0 t 82566.00 82566.00 .0 % 1-4210-110-013 PSDRCVB DUES 1-4210-I10 ---OBJECT TOTAL * 33000.00 * 33000.00 * 170066.00 * 137066.00 * 19.4 % 1-4210-111-000 ECONOMIC DEVELOPMENT 175.00 175.00 5000.00 4825.00 3.5 % 1-4210-ill-010 CONTRACT SERVICES 5000.00 5000.00 .0 $ 1-4210-111 ---OBJECT TOTAL * 175.00 * 175.00 * 10000.00 * 9825.00 * 1.8 t 1-4210------- DEPARTMENT TOTAL ** 33175.00 ** 33175.00 ** 180066.00 ** 146891.00 ** 18.4 % 1-4220-101-000 SALARIES, REGULAR * 14386.65 * 14386.65 * 124317.00 * 109930.35 * 11.6 % 1-4220-109-000 FRINGE BENEFITS * 4645.38 * 4645.38 * 52903.00 * 48257.62 * 8.8 % 1-4220-111-000 CONTRACT SVCS/PROFESSIONAL- * * * 14000.00 * 14000.00 * .0 % 000245 R O P R I A T I O N S U M M A R Y ---- BY FUND PAGE A 5 OL64 A P P 9/05/92 ACCOUNT BALANCES TBRU 7/31/92 12.05.03 REMAINING FND DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES BALANCE BUDGET BUDGET $COMP FUND 1 GENERAL FUND 1-4220-113-010 MAINTENANCE 6 OPERATION-EQU * * * 450.00 * 450.00 * .0 % 1-4220-114-010 PUBLICATIONS 6 DUES * 18.00 * 18.00 * 1000.00 * 982.00 * 1.8 % 1-4220-116-000 RENT/OFFICE * 300.00 * 300.00 * 2000.00 * 1700.00 * 15.0 % 1-4220-117-000 TRAVEL 6 MEETINGS * 420.90 * 420.90 * 5500.00 * 5079.10 * 7.7 t 1-4220-118-010 UTILITIES/WATER 7.70 7.70 150.00 142.30 5.1 t 1-4220-118-020 UTILITIES/ELECTRIC 214.05 214.05 3500.00 3285.95 6.1 t 1-4220-118 ---OBJECT TOTAL * 221.75 * 221.75 * 3650.00 * 3428.25 * 6.1 t 1-4220-130-000 OFFICE SUPPLIES 119.55- 233.77 114.22 7000.00 6885.78 1.6 $ 500.00 500.00 .0 t 1-4220-130-001 PRINTING 1-4220-130 ---OBJECT TOTAL 119.55-* 233.77 * 114.22 * 7500.00 * 7385.78 * 1.5 8 1-4220-132-000 SPECIAL DEPARTMENTAL SUPPLI * * * 500.00 * 500.00 * .0 t 1-4220------- DEPARTMENT TOTAL 119.55-** 20226.45 ** 20106.90 ** 211820.00 ** 191713.10 ** 9.5 t 1-4230-101-000 SALARIES, REGULAR * 12366.56 * 12366.56 * 102912.00 " 90545.44 * 12.0 % 1-4230-109-000 FRINGE BENEFITS * 4127.77 * 4127.77 * 45075.00 " 40947.23 * 9.2 % 1-4230-110-000 ADVERTISING -LEGAL S PUBLICI " * * 250.00 * 250.00 * .0 t 1-4230-111-000 CONTRACT SERVICES * 1680.92 * 1680.92 * 15000.00 * 13319.08 * 11.2 $ 1-4230-114-010 PUBLICATIONS/DUES * * * 1150.00 * 1150.00 * .0 t 1-4230-116-000 RENT,OFFICE * 517.20 * 517.20 * 3300.00 * 2782.80 * 15.7 $ 1-4230-117-000 TRAVEL 6 MEETINGS * 960.00 * 960.00 * 13520.00 * 12560.00 * 7.1 $ * * * 800.00 * 800.00 * .0 t 1-4230-130-001 PRINTING 1-4230-132-000 SPECIAL DEPT. SUPPLIES * 50.78 * 50.78 * 250.00 * 199.22 * 20.3 $ 1-4230------- DEPARTMENT TOTAL ** 19703.23 ** 19703.23 ** 182257.00 ** 162553.77 ** 10.8 t 1-4240-101-000 SALARIES, REGULAR * 23765.06 * 23765.06 * 257669.00 * 233903.94 * 9.2 $ 1-4240-109-000 FRINGE BENEFITS * 5711.03 * 5711.03 * 80858.00 " 75146.97 * 7.1 $ 1-4240-110-000 ADVERTISING -LEGAL 6 PUBLICI 5000.00 5000.00 .0 t 7000.00 7000.00 .0 $ 1-4240-110-030 LAFCO EXPENSE * * " 12000.00 * 12000.00 * .0 t 1-4240-110 ---OBJECT TOTAL 1-4240-111-010 CONTRACT SVCS/PROFESSIONAL- * * * 215000.00 * 215000.00 * .0 t 1-4240-114-010 PUBLICATIONS/DUES * * * 1400.00 * 1400.00 * .0 $ 1-4240-117-000 TRAVEL 6 MEETINGS -STAFF 482.00 482.00 4200.00 3718.00 21.5 t 1-4240-117-001 TRAVEL S MEETINGS - NON-STA 6.39 6.39 7000.00 6993.61 .1 $ 1-4240-117-050 SALARIES, PLANNING COMMISSI 6500.00 6500.00 .0 % 1-4240-117 ---OBJECT TOTAL * 488.39 * 488.39 * 17700.00 * 17211.61 * 2.8 % * * * 6250.00 * 6250.00 * .0 t 1-4240-130-001 PRINTING 1-4240-132-000 SPECIAL DEPT. SUPPLIES * * * 800.00 * 800.00 * .0 $ 1-4240------- DEPARTMENT TOTAL ** 29964.48 "* 29964.48 ** 591677.00 "" 561712.52 ** 5.1 t 1-4311-101-000 SALARIES, REGULAR 41995.78 41995.78 320753.00 278757.22 13.1 t 1-4311-101-020 SALARIES, OVERTIME 957.03 957.03 412.00 545.03- 232.3 $ 1-4311-101 ---OBJECT TOTAL * 42952.81 * 42952.81 * 321165.00 * 278212.19 * 13.4 $ 1-4311-109-000 FRINGE BENEFITS * 12471.32 * 12471.32 * 123980.00 * 111508.68 * 10.1 t 1-4311-ill-000 CONTRACT SVCS-PROFESSIONAL/ 1600.00 1600.00 35000.00 33400.00 4.6 t 1-4311-111-001 CONTRACT SVCS - OTHER 95000.00 95000.00 .0 $ 1-4311-111 ---OBJECT TOTAL * 1600.00 * 1500.00 * 130000.00 * 128400.00 * 1.2 $ 1-4311-112-010 INSURANCE/VEHICLES * * * 1800.00 * 1800.00 * .0 t 1-4311-113-000 MAINTENANCE a OPERATION-AUT * 150.00 * 150.00 * 2000.00 * 1850.00 * 7.5 t 1-4311-114-010 PUBLICATIONS/DUES * * * 500.00 * 500.00 * .0 $ 1-4311-116-000 RENT/OFFICE 1937.20 1937.20 12000.00 10062.80 16.1 $ 100.00 100.00 .0 t 1-4311-116-010 RENT/EQUIPMENT 1-4311-116 ---OBJECT TOTAL * 1937.20 * 1937.20 * 12100.00 * 10162.80 * 16.0 $ 1-4311-117-000 TRAVEL 6 MEETINGS * * * 7000.00 * 7000..00 * .0 $ 1-4311-118-020 UTILITIES/ELECTRIC * 124.06 * 124.06 * 1200.00 * 1075.94 * 10.3 t 1-4311-130-000 OFFICE SUPPLIES 47.82- 331.75 283.93 4000.00 3715.07 7.1 $ 1000.00 1000.00 .0 t 1-4311-130-001 PRINTING 0J0246 91,64 A P P R O P R I A T I O N S U M M A R Y ---- BY FUND PAGE A, 6 9/05/92 ACCOUNT BALANCES THRU 7/31/92 12.05.04 FND DEPT OBJ SUB DESCRIPTION REMAINING ENCUMBRANCES EXPENDITURES BALANCE BUDGET BUDGET $COMP FUND 1 GENERAL FUND 1-4311-130-002 PRINTING -REPRODUCTION 219.62 219.62 1500.00 1280.38 14.6 t 1-4311-130 ---OBJECT TOTAL 47.82-* 551.37 * 503.55 * 6500.00 * 5996.45 * 7.7 t 1-4311-132-000 SPECIAL DEPT. SUPPLIES * x * 1200.00 * 1200.00 * .0 t * * * 1300.00 * 1300.00 * .0 % 1-4311-143-000 EQUIPMENT 1-4311------- DEPARTMENT TOTAL 47.62-** 59786.76 ** 59738.94 *x 608745.00 ** 549006.06 ** 9.8 t 1-4400-100-000 CONTINGENCY RESERVES * * * 100000.00 * 100000.00 * .0 t ** ** ** 100000.00 ** 100000.00 ** .0 $ 1-4400------- DEPARTMENT TOTAL 1-4828-111-000 CONTRACT SVCS/PROFESSIONAL * 17550.00 * 17550.00 * 50000.00 * 32450.00 * 35.1 t 1-4828 ------- DEPARTMENT TOTAL ** 17550.00 ** 17550.00 ** 50000.00 ** 32450.00 ** 35.1 t 1----------- FUND SAL 510.42-*** 428673.81 *** 428163.39 *** 6191693.00 *** 5763529.61 *** 6.9 t FUND 2 STATE GAS TAX FUND 2-4321-101-000 SALARIES, REGULAR 14300.14 14300.14 120995.00 106694.86 11.8 t 2-4321-101-020 SALARIES, OVERTIME 271.06 271.06 3090.00 2818.94 8.8 t 2-4321-101-030 STAND-BY PAY 165.00 165.00 2200.00 2035.00 7.5 t 2-4321-101 ---OBJECT TOTAL * 14736.20 * 14736.20 * 126285.00 * 111548.80 * 11.7 t 2-4321-109-000 FRINGE BENEFITS * 6624.39 * 6624.39 * 71468.00 * 64843.61 * 9.3 % 2-4321-111-010 STREET STRIPING & MARRING 15000.00 15000.00 .0 % 2-4321-111-020 STREET SWEEPING 100000.00 100000.00 .0 t 2-4321-111-030 STORM DRAIN MAINTENANCE 3000.00 3000.00 .0 t 2-4321-111-040 TRAFFIC SIGNAL MAINTENANCE 12000.00 12000.00 .0 t 2-4321-111-050 STREET REPAIRS 50000.00 50000.00 .0 t * * * 180000.00 * 180000.00 * .0 $ 2-4321-111 ---OBJECT TOTAL 2-4321-112-010 INSURANCE/VEHICLES * * * 5400.00 * 5400.00 * .0 t 2-4321-113-000 MAINTENANCE 6 OPERATION - A 347.17- 39.86- 387.03- 15000.00 15387.03 2.6-t 2-4321-113-010 MAINTENANCE 6 OPERATION-EQU 3000.00 3000.00 .0 % 2-4321-113 ---OBJECT TOTAL 347.17-* 39.86-* 387.03-* 18000.00 * 18387.03 * 2.2-t 2-4321-116-010 RENT/EQUIPMENT 1000.00 1000.00 .0 t 2-4321-116-030 RENT/UNIFORMS 89.40 89.40 2000.00 1910.6Q 4.5 8 500.00 500.00 .0 t 2-4321-116-040 SAFETY GEAR 2-4321-116 ---OBJECT TOTAL * 89.40 * 89.40 * 3500.00 * 3410.60 * 2.6 t 2-4321-117-000 TRAVEL 6 MEETINGS * 30.00 * 30.00 * 100.00 * 70.00 * 30.0 t 2-4321-118-010 UTILITIES/WATER - YARD 83.42 83.42 100.00 16.56 83.4 t 2-4321-118-020 UTILITIES/ELECTRIC - YARD 92.60 92.60 1500.00 1407.40 6.2 $ 2-4321-118-021 UTILITIES/ELECTRIC - SIGNAL 1225.64 1225.64 20000.00 18774.36 6.1 t 2-4321-118 ---OBJECT TOTAL * 1401.66 * 1401.66 * 21600.00 * 20198.34 * 6.5 t 2-4321-132-000 SPECIAL DEPARTMENTAL SUPPLI 659.68 659.68 4000.00 3340.32 16.5 8 2-4321-132-001 ASPHALT - COLD MIX 1000.00 1000.00 .0 % 2-4321-132-004 TRAFFIC CONTROL SIGNS 1080.19 1080.19 3000.00 1919.81 36.0 % 2-4321-132-005 STREET STRIPING PAINT 756.36 756.36 2500.00 1743.64 30.3 % 2-4321-132-006 TRACTOR BROOMS 1500.00 1500.00 .0 t 2-4321-132-008 TRAFFIC CONTROL DEVICES 129.19- 129.19- 6000.00 6129.19 2.2-t 2-4321-132 ---OBJECT TOTAL * 2367.04 * 2367.04 * 18000.00 * 15632.96 * 13.2 % 500.00 500.00 .0 t 2-4321-143-000 EQUIPMENT 2-4321-143-100 EQUIPMENT - CAP 9550.00 9550.00 .0 t 2-4321-143 ---OBJECT TOTAL * * * 10050.00 * 10050.00 * .0 t 2-4321------- DEPARTMENT TOTAL 347.17-** 25208.83 ** 24861.66 ** 454403.00 ** 429541.34 ** 5.5 % 2----------- FUND TOTAL 347.17-*** 25208.83 *** 24861.66 *** 454403.00 *** 429541.34 *** 5.5 t FUND 16 CITY-WIDE ASSESSMENT DIST 89-1 16-4700-101-000 SALARIES, REGULAR 20752.20 20752.20 177727.00 156974.80 11.7 t 16-4700-101-020 SALARIES, OVERTIME 231.84 231.84 618.00 386.16 37.5 t 16-4700-101 —OBJECT TOTAL * 20984.04 * 20984.04 * 178345.00 * 157360.96 * 11.8 t 000247 CL64 A P P R O P R I A T I O N S U M M A R Y 9/05/92 ACCOUNT BALANCES TBRU 7/31/92 FND DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES FUND 16 CITY-WIDE ASSESSMENT DIST 89-1 16-4700-109-000 FRINGE BENEFITS 16-4700-111-000 CONTRACT SERV/PROFESSIONAL 16-4700-111-051 ADMINISTRATION/SUPPORT 6 LE 16-4700-111-052 CONSULTANT SERVICES 16-4700-111-053 COUNTY ADMINISTRATION 16-4700-111-054 DELINQUENCY ALLOWANCE 16-4700-111-055 CONTINGENCY 16-4700-111-060 PALM TIME MAINTENANCE 16-4700-111-081 MAINT-MADISON/AVE 54 16-4700-111-085 MAINT-MISCELLANEOUS 16-4700-111-088 SPORTS CCMPLEX MAINT. CONTE 16-4700-111-089 AVE 521JEFFERSON MAINT CONT 16-4700-111-090 IMAGE CORRIDOR MAINT CONTRA 16-4700-111 ---OBJECT TOTAL 16-4700-112-010 INSURANCE/VEHICLE 16-4700-113-000 MAINTENANCE/OPERATION-AUTO 16-4700-113-010 MAINTENANCE/OPERATION-EQUIP 16-4700-113 ---OBJECT TOTAL 16-4700-116-011 RENT/EQUIP-SOCCER FIELD 16-4700-116-030 RENT/UNIFORMS 16-4700-116-040 SAFETY GEAR 16-4700-116 ---OBJECT TOTAL 16-4700-117-000 TRAVEL 6 MEETINGS 16-4700-118-010 UTILITIES/WATER 16-4700-118-015 UTILITIES/PUNTER-YOUTH CNTR 16-4700-118-020 UTILITIES/ELECTRIC 16-4700-118-030 UTILITIES/ELECTRIC-YARD 16-4700-118-035 UTILITIES/TELE. SPORTS COMP 16-4700-118-040 UTILITIES/ELEC. SPORTS COED? 16-4700-118 ---OBJECT TOTAL 16-4700-132-000 SPECIAL DEPARTMENTAL SUPPLI 16-4700-132-001 FERTILIZER, SEED 16-4700-132-002 LANDSCAPING MATERIAL 16-4700-132-003 MISCELLANEOUS SIGNS 16-4700-132-004 SUPPLIES -SPORTS COMPLEX 16-4700-132 ---OBJECT TOTAL 16-4700-143-000 EQUIPMENT 16-4700-143-100 EQUIPMENT - CAP 16-4700-143 ---OBJECT TOTAL 16-4700------- DEPARTMENT TOTAL 16-4848-111-000 CONTRACT SVCS/PROFFESSIONAL I6-4848-111-010 CONTRACT SVCS/CONSTRUCTION 16-4848-111 ---OBJECT TOTAL 16-4848------- DEPARTMENT TOTAL 16----------- FUND TOTAL * 8846.69 933.68- 2558.32 6280.00 4722.64 1400.00 2801.06 * 16828.34 * * 56.58 102.34 * 158.92 145.55- 169.53 * 23.98 R x 2932.94 13.00 317.94 47.04 1053.89 x R - BY FUND BALANCE 8846.69 933.68- 2558.32 6280.00 4722.64 1400.00 2801.06 16828.34 x 56.58 102.34 158.92 145.55- 169.53 23.98 R 2932.94 13.00 317.94 47.04 1053.89 4364.81 * 4364.81 * 26.35 26.35 49.32 49.32 75.67 * 75.67 * R R R ** 51282.45 ** 51282.45 ** R * * Rx xR xR xxx 51282.45 *** 51282.45 *** PAGE R 7 12.05.05 REMAINING BUDGET BUDGET %COMP 103430.00 * 5289.00 25000.00 1000.00 1000.00 2000.00 10000.00 40000.00 10000.00 60000.00 22000.00 176289.00 * 3600.00 * 4000.00 2500.00 6500.00 * 1500.00 3500.00 600.00 5600.00 * 100.00 * 30000.00 200.00 3000.00 750.00 300.00 14000.00 48250.00 5000.00 5000.00 30000.00 300.00 4900.00 45200.00 3550.00 20500.00 24050.00 591364.00 ** 96047.00 96047.00 96047.00 ** 687411.00 *** FUND 17 QUIMBY FUND 17-4851-111-000 CONTRACT SVCS/PROFESSIONAL * * * 35000.00 17-4851------- DEPARTMENT TOTAL ** ** ** 35000.00 ** 17-4865-111-000 CONTRACT SVCS/PROFESSIONAL * * * 15000.00 17-4865------- DEPARTMENT TOTAL ** ** ** 15000.00 ** 17----------- FUND TOTAL xRx xRR RRR 50000.00 xxx 94583.31 933.68 5289.00 22441.58 1000.00 1000.00 2000.00 3720.00 35277.36 10000.00 58600.00 19198.94 159460.66 * 3600.00 * 3943.42 2397.66 6341.08 * 1645.55 3330.47 600.00 5576.02 * 100.00 * 27067.06 187.00 2682.06 702.96 753.89- 14000.OD 43885.19 4973.65 5000.00 30000.00 300.00 4850.68 45124.33 3550.00 20500.00 24050.00 540081.55 ** 96047.00 96047.00 96047.00 ** 636128.55 *** 8.6 a .0 % .0 % 10.2 % .0 a .0 8 .0 9 62.8 % 11.8 % .0 a 2.3 ! 12.7 a .0 8 9.5 a .0 a 1.4 % 4.1 % 2.4 a 9.7-% 4.8 % .0 % .4 % .0 % 9.8 % 6.5 % 10.6 % 6.3 % 351.3 % .0 a 9.0 % .5 % .0 % .0 % .0 % 1.0 % .2 a .0 % .0 % .0 % 8.7 % .0 % .0 % .0 $ .0 % 7.5 a 35000.00 * .0 % 35000.00 ** .0 % 15000.00 * .0 % 15000.00 ** .0 a 50000.00 *** .0 % 0oo248 GL64 - A P P R 0 P R I A T ION SUMMARY ---- BY FUND PAGE P8 9/05/92 ACCOUNT BALANCES THRU 7/31/92 12.05.06 IUMIHING FED DEPT OBJ SUB DESCRIPTION ENCMMRANCES EXPENDITURES BALANCE BUDGET BUDGET %COMP FUND 18 INFRASTRUCTURE FUND 18-4830-111-000 SERVICES PROFESSIONAL " * * 98000.00 * 98000.00 * .0 % 18-4830------- DEPARTMENT TOTAL "* ** "' 98000.00 ** 98000.00 •• .0 % 18-4835-111-000 SERVICES PROFFESSIORAL 5000.00 5000.00 .0 % 18-4835-111-010 SERVICES CONTRACTOR 100000.00 100000.00 .0 % 18-4835-I11 ---OBJECT TOTAL • * * 105000.00 " 105000.00 * .0 % 18-4835------- DEPARTMENT TOTAL •* "* ** 105000.00 •* 105000.00 '* .0 % 18-4843-111-000 SERVICES PROFFESSICNAL 6000.00 6000.00 .0 % 18-4843-111-010 SERVICES CONTRACTOR 100000.00 100000.00 .0 % 18-4843-111 ---CW= TOTAL ' " * 106000.00 " 106000.00 ' .0 % 18-4843------- DEPARTMENT TOTAL •* "* ** 106000.00 "* 106000.00 " .0 % 18-4847-111-000 CONTRACT SVCS/PROFESSIONAL 2000.00 2000.00 .0 % 18-4847-111-010 CON MCP SVCS/CONSTRUCTICN 248000.00 248000.00 .0 % 18-4847-111 ---OBJECT TOTAL * " * 250000.00 ' 250000.00 * .0 % 18-4847------- DEPARTMENT TOTAL *• ** *• 250000.00 ** 250000.00 '* .0 % 18-4853-111-000 CONTRACT SVCS/PROFESSIONAL * 762.00 * 752.00 * * 762.00-* .0 % 18-4853------- DEPARTMENT TOTAL *• 762.00 ** 762.00 ** *" 762.00-•* .0 % 18-4860-111-000 CONTRACT SVCS/PROPBBSICNAL 10000.00 10000.00 .0 % 18-4860-I11-010 CONTRACT SVCS/CONSTRUCTION 100000.00 100000.00 .0 % 18-4860-I11 ---OBJECT TOTAL ' * * 110000.00 * 110000.00 " .0 % 18-6860------- DD?A1fCKINT TOTAL *" •• •• 110000.00 ** 110000.00 •* .0 % 18-4861-111-000 CONTRACT SVCS/PROFSSSIONAL 10000.00 10000.00 .0 % 18-4861-111-010 CONTRACT SVCS/CONSTRUCTION 100000.00 100000.00 .0 % 18-4861-111 ---OBJECT TOTAL * * * 110000.00 * 110000.00 • .0 % 18-4861------- DEPARTMENT TOTAL ** "* *" 110000.00 ** 110000.00 •" .0 % 18-4866-111-000 CONTRACT SVCS/PROFESSIONAL 10000.00 10000.00 .0 % 18-4866-111-010 CONTRACT SVCB/CONSTRUCTION 95000.00 95000.00 .0 % 18-4866-111 ---OBJECT TOTAL " " * 105000.00 " 105000.00 " .0 % 18-4866 ------- DEPARTMENT TOTAL •* "* ** 105000.00 "* 105000.00 ** .0 % 18-4867-111-000 CONTRACT SVCS/PROFESSICNAL " " * 24000.00 • 24000.00 * .0 % 18-4867------- DEPARTMENT TOTAL RR Rt }} 24000.00 •• 24000.00 "' .0 % 18-4090-111-000 CONTRACT SVC/PROFESSIONAL 88.52 88.52 88.52- .0 % 18-4890-111-001 CON MCT SVCS/DESIGN-WELL 88.52 88.52 70000.00 69911.48 .1 % 18-4890-111-011 CONTRACT SVCS/COiST-WELL 500000.00 500000.00 .0 % 18-4890-111-061 PROFESSIONAL SVCS/ARCHITECT 90000.00 90000.00 .0 % 16-4890-111-062 PROFESSIONAL SVCS/CONSTRUCT 20868.00 20868.00 290000.00 269132.00 7.2 % 18-4090-111-063 PROM88ICKU SVCS/SOILS ENG 9147.79 9147.79 29000.00 19852.21 31.5 % 18-4890-111-064 PROFESSIONAL SVCS/OTHER 1074.55 1074.55 39500.00 38425.45 2.7 % 18-4890-111-070 CONSTRUCTION CONTRACT 519396.53 519396.53 7358500.00 6839103.47 7.1 % 18-4890-111-071 CONSTRUCTION UTILITIBS 23.50 23.50 50000.00 49975.50 .0 % 18-4890-111 ---OBJECT TOTAL ' 550687.41 * 550687.41 * 8427000.00 * 7876312.59 * 6.5 % 18-4890-143-100 ART - CITY HALL FACILITY * 8000.00 * 8000.00 * 7700.00 * 300.00-* 103.9 % 18-4890------- DEPARTMENT TOTAL ** 559687.41 *" 558687.41 ** 8434700.00 *" 7876012.59 ** 5.6 % 18----------- FUND TOTAL *** 559449.41 *•* 359449.41 "*" 9342700.00 **" 8783250.59 "** 6.0 % FUND 22 ASSESBMERT DISTRICT 91-1 22-4630-111-000 CONTRACT SERV PROFESSIONAL 4596.00 4596.00 4596.00- .0 % 22-4630-111-DlO CONTRACT SVCS/CONTRACTOR 192481.65 192481.65 192481.65- .0 % 22-4630-111 ---OBJECT TOTAL ". 197077.65 * 197077.65 * " 197077.65-* .0 % 22-4630------- DEPARTMENT TOTAL "* 197077.65 ** 197077.65 "* *" 197077.65-** .0 % 22-4631-111-000 CONTRACT SVC/PROFESSIONAL 2691.00 2591.00 2691.00- .0 % 22-4631-111-010 CONTRACT BVC/CONTRACTOR 120936.96 120936.96 120936.96- .0 % 22-4631-111 ---OBJECT TOTAL * 123627.96 * 123627.96 * • 123627.96-* .0 % 22-4631------- DZPARDNENT TOTAL •* 123627.95 *• 123627.96 ** *" 123627.96-** .0 % 22----------- DOJO SO= *'• 320705.61 ••• 320705.61 •** *•* 320705.61-••* .0 % ce-I'dif 4 4 a" REDEVELOPMENT AGENCY MEETING DATE: SEPTEMBER 15, 1992 ITEM TITLE: DEPARTMENT STAFF REPORT ASSISTANT CITY MANAGER TRANSMITTAL OF STATEMENT OF FINANCIAL POSITION AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: DEPARTMENTAL REPORT: a Transmital of July 1, 1992 thru July 31, 1992 Statement of Financial Position for the La Quinta Redevelopment Agency. RECOMMENDATION: Receive and File Submitted by: Signature Approved for submission to City Council MANAGER 000250 GL102 IA QUINTA REDEVELOPMENT AGENCY 19/08/92 87ATEKM OF FINANCIAL POSITION PA41 PAGE 1 PERIOD 7/92 TBIMM 7/92 CAPITAL LOW DEBT PROJECT MODERATE SERVICE FUND FUND FUND ASSETS CASE IN RANK ANT AVAILABLE RETIREMENT LTD LAIF INVESTMENT INVESTMENT ITM TOTAL ASSETS LIABILITIES A EQUITY LIABILITIES ACCOUNTS PAYABLE ARBITRAGE MOCESS EARNINGS DUE TO CITY OF IQ - GIN FUND TOTAL LIABILITIES 4328895.76 1790527.15 7922937.59- 6933812.61 3044145.82- 1554707.99 288092.49 108647.51 14343215.85 162461.29 11821909.66 1790527.15 4930840.43 331.50 16124.81- 1279275.35 100489.21 1263150.55 100820.71 T O T A L S --- MEMORANDUM ONLY --- CURRENT JUNE 30, 1992 1803514.68- 2085166.42- 3889666.79 6200811.09 1554707.99 1554707.99 288092.49 436319.74 232953.23 14451663.36 14451863.36 162461.29 162451.29 18543277.24 20953950.20 331.50 1299.20 16124.81- 16124.81- 25051.59 1405816.15 50.00 26051.59 1390022.85 14775.61- FOND BALANCE 13085060.21- 1891347.86- 4956892.02- TOPAZ LIABILITY 6 POND EQUITY 11821909.66- 1790527.15- 4930840.43- 19933300.09- 20939174.67- 18543277.24- 20953950.28- GLI02 9/08/92 ASSETS CASE IN BANE ACCRUED REVENUE ANT AVAILABLE RETIREMENT LTD TOTAL ASSETS LIABILITIES A EQUITY LIABILITIES DUE TO CITY OF LQ - GEN FUND TOPAZ LIABILITIES FUND BALANCE TOTAL LIABILITY A FUND EQUITY LA QUINTA ASDBVSLOPMENT AGENCY STATEMENT OF FIAARCIAL POSITION PA82 PAGE 2 PERIOD 7/92 THROUGH 7/92 CAPITAL LOW DEBT PROTECT MODERATE SERVICE FUND FUND FUND 394503.75- 193569.84 2033374.38 394503.75- 193569.94 2033374.38 34008.78- 2021.76- 35802.23- 34008.78- 2021.76- 35802.23- 428512.53 191548.08- 1997572.15- 394503.75 193569.84- 2033374.38- T O T A L S -- MBNORANDUK ONLY --- CURRBNT JUNE 30, 1992 1832440.47 2234722.29 71034.17 1832440.47 2305756.46 71832.77- 71832.77- 1760607.70- 2305756.46- 1832440.47- 2305756.45- 0�;�5� GL102 LA QUINTA REDYVSLOPNMIT AMWCY 9/08/92 BTATBNBIFT OF FIB:NCLAL POSITIOA PAU 3 PERIOD 7/92 TUC= 7/92 LONG GMMRhL T O T A E S TERM FI2ED --- MEMORANDUM ONLY --- DEBT A88ET8 CURRENT JUNE 30, 1992 ASSETS ANT AVAILA= RgTIRZKW.T LTD 4969093.00 4969093.00 5096593.00 AM PROVIDBD R MIMONT LTD 63291563.48 63291563.48 63291563.40 GENERAL FIM ABBBTH 5079910.05 5079910.05 3679910.05 TOTAL ASSNT8 68260656.49 5679910.05 74140566.53 74268066.53 LIABILITIES A EQUITY LIABILITIES BONDS PAYABLE 35000000.00- 35000000.00- 35000000.00- DUB TO CDUNTY OF RIVEBBIDE 6007041.40- 6007041.40- 6007041.60- DUS TO CITY OF LQ - GEN FM 5864A83.58- 5864483.58- 5864483.58- NOTE DUB HALL,BRONN,GENTILE 127500.00- NOTE DUE IW RY,DALEB,LANE 3118500.00- 3118500.00- 3118500.00- INVESTMENT IN GEN FIXED ASSETS 5879910.05- 5879910.05- 5679910.05- DUZ TO C.V. BCEOOL DISTRICT 16756691.50- 16756/91.50- 16756191.50- DUE TO DBBERT BANDS SCHOOL DST 3518160.00- 35161/0.00- 3516160.00- TOTAL LIABILITIES 68260656.48- 5879910.05- - 74140566.53- 71075925.01- FUND BALM= TOTAL LIABILITY i FUND EQUITY 68260656.48- 5879910.05- 74140566.53- 74268066.53- 0v0253 91.64 - R R V R N U R SUMMARY ---- RY PURR PACE R I 9/05/02 ACOOUNT EALNIKM TBRU 7/31/92 12.04.56 PRO DEPT CBJ am DENCRIPTROII FUND 60 ROIL CAPITAL iMP OVDO@PB PAR 60-3300-036-000 ZRPn3M8T INCOR-CAP. PROMM 60-3300------DRPARIMM TOTAL 60-3700-400-000 LOIN FROM CITY 60-3700--- ---DEPAI@mPT TOTAL 60------ ----- FUND TOTAL FUND 62 RDA LOW/MOD FORD PAR 62-3100-031-001 RDA TAX INCREUXT PA►l 62-3100----- -DRPANTMRT TOTAL 62-3300-036-003 117M RT I1ICOIR-LOU/MOD 62-3300------ DRPARDOW TOTAL 62-3700-200-000 ZMMY REIMBURSE BY PROPAWr OMRRR 62-3700-----WARMENT TOTAL 62---------FORD TOTAL FUND 63 ROR DEFT MZVZCE FUND PA81 63-3100-031-003 RDA TAX INCREMENT PA►1 63-3100------DEPAREMENT TOTAL 63-3300-036-001 INTREST IRCO4R-DRAT SERVICE 63-3300-036-002 MrZKM ST INCOR-RESERVE 63-33WO36---0®JRCT 'TOTAL 63-3300----- -OEPARDOW TOTAL 63------ - --- FUND TOTAL FUND 66 ROA DART NICE FUND PA►2 66-3100-031-005 RDA TAX ZtCRMMSET PA►2 66-3100------- DEPARtKINT TOTAL 66-3300-036-006 RDA INTCRKSP EARNINGS PA82 66-3300-036-007 IIITBIEBT ON RESERVE 66-3300-035---0EJSCT TOTAL 66-3300------- DEPAKOUCHT TOTAL 66-3950-000-000 TRANSFER IN 66-3950------- DEPARTMENT TOPAZ 66----------- FORD TOTAL PUN) 67 RDA CAPITAL PROJRCT8 PA►2 67-3400-034-092 PAOCBmB FROM BONDS 67-3400------- DEPARTIODIT TOPAZ 67-3700-037-067 CVAO/STATE COWRTIR NASHNOTS R=96 67-3700-400-000 LOIN FROM CITY 67-3700------- DEPARDZIT TOTAL 67----------- FUND TOTAL FUND 68 RDA IOU/MOD FUND PA►2 68-3100-031-006 RDA TAX INCREHINT PAi2 68-3100------- DEPARTMENT TOM 68-3300-036-005 RDA INTEREST RARRIN08 PA►2 68-3300------- DEPAROTENT TOTAL 68----------- FUND TOTAL T 0 T A L R E V R N U R FAWA ING ESTIMATt RBTDOTR %COMP 8622.99-• 80000.00-• 71377.01-" 10.8 i 8622.99-•* 80000.00-•* 71377.01-** 10.8 t " 4385034.00-• 4385034.00-• .0 t •* /38503/.00-•* 438503/.00-•* .0 t 8622.99-*** 4/65034.00-**• 4456411.01-•** .2 ► " 1648658.00-" 1618558.00-" .0 i •• 1W8658.00-•* 1648658.00-•* .0 t 1338.65-* 140000.00-• 138661.35-• 1.0 i 1338.65-•• 140000.00-•* 138651.35-•* 1.0 t 1507.63-* • 1507.63 " .0 \ 1507.63-** •• 1507.63 •* .0 i 2846.28-•*• 1788658.00-••• 1785811.72-••* .2 t 152.70-* 6988905.00-• 0980752.30-" .0 t 152.70-** 8988905.00-*• 8988752.30-** .0 \ 2524.09- 570000.00- 567475.91- .4 \ 50400.00- 50400.00- .0 i 252/.09-* 620400.00-* 617875.91-* .4 \ 2524.09-** 620400.00-*• 617875.91-*• .4 t 2676.79-•** 9609305.00-*** 9606626.21-*** .0 \ • 1383608:00-• 1383608.00-* .0 i " 1383600.00-•* 1383608.00-*• .0 t 1225.26- 40800.00- 39574.74- 3.0 \ 20000.00- 20000.00- .0 i 1225.26-* 60800.00-• 59574.74-* 2.0 t 1225.26-** 60800.00-*" 59574.74-** 2.0 t • 400000.00-* 400000.00-• .0 \ *• 400000.00-** 400000.00-*• .0 i 1225.26-*** 1844408.00-*** 1843182.74-*•* .1 \ * 3500000.00-" 3600000.00-* .0 i 3600000.00-** 3600000.00-** .0 t • 693150.00-• 693150.00-* .0 i * 6441247.00-• 4441247.00-* .0 \ 5134397.00-** 5134397.00-** .0 t •** 8734397.00-•** 8734397.00-*** .0 \ * 345902.00-* 345902.00-* .0 t ** 345902.00-** 345902.00-** .0 t 144.71-* 10200.00-* 10055.29-* 1.4 \ 144.71-** 10200.00-** 10055.29-*• 1.4 i 144.71-*** 356102.00-**• 355957.29-**■ .0 \ 505930.07- 39402658.00- 36896727.93- 1.3 \ ���7-54 OL64 9/05/92 FED DEPT OBJ SUB DESCRIPTION APPR0FRIATI OM SUMMARY ---- BY FUND ACCOUNT '3 *..:rZ• TBRU 7/31/92 FUND 60 RDA CAPITAL IMPROVEMENTS PA►l 60-5200-101-000 CITY STAFF EU?-(SALARIES) 60-5200-101-001 AGENCY MEMBERS -(SALARIES) 60-5200-101 -OBJECT TOTAL 60-5200-111-015 PROFESSIONAL SERVICES-ATTOR 60-5200-111-020 PROFESSIONAL SERVICES-CONSU 60-5200-111-025 PROFESSIONAL SERVICES -AUDIT 60-5200-111-031 FISCAL AGENT FEES 1990 SERI 60-5200-111-032 FISCAL AGENT FEES 1989 SERI 60-5200-111-033 FISCAL AGENT FEES 1991 SERI 60-5200-111 ---OBJECT TOTAL 50-5200-116-000 OFFICE RENT 60-5200-117-000 TRAVEL i MEETINGS 60-5200-118-030 TELEPHONE 60-5200-130-000 OFFICE SUPPLIES 50-5200-132-000 SPECILA DEPARTMENTAL SIIPLIE 60-5200------- DEPARTMENT TOTAL 60-5215-111-000 CONTRACT SVCS/PAO?ESSICEAL 60-5215-I11-010 CONTRACT SVCS/OONSTRUCTICH 60-5215-111 ---OBJECT TOTAL 60-5215------- DEPARTMENT TOTAL 60-5216-111-000 CONTRACT SVCB/PRO'ESSIOEAL 60-5215-111-010 CONTRACT SVCS/CON8TRDCTION 60-5216-111 ---OBJECT TOTAL 60-5216------- DEPARTMENT TOTAL 60-5223-111-000 CONTRACT SVCS/PBOBSSICNAL 60-5223-111-010 CONTRACT SVCS/OONBTRUCTION 60-5223-111 ---OBJECT TOTAL 60-5223------- DEPARTMENT TOTAL 60-5225-111-000 CONTRACT SVCS/PROFESSIOAL 60-5225------- DEPARTMENT TOTAL 60-5235-111-000 CONTRACT SVCS/PROFESSIONAL 60-5235-111-010 CONTRACT SVCS/CONSTRUCTION 60-5235-111 ---OBJECT TOTAL 60-5235-144-000 LAID) COST 60-5235------- DEPARTMENT TOTAL 60-5241-111-000 CONTRACT SVCS/PROPE88IONAL 60-5241-111-010 CONTRACT SVCS/CONBTAUCTICN 60-5241-111 ---OBJECT TOTAL 60-5241------- DEPARTMENT TOTAL 60-5245-111-000 CONTRACT SVCB/PAOPESSICEAL 60-5245-111-010 CONTRACT SVCS/CONSTRUCTION 60-5245-111 ---OBJECT TOTAL 60-5245------- DEPARTMENT TOTAL 60-5250-111-000 CONTRACT SVCB/PAOFESSICKU 60-5250------- DEPARTMENT TOTAL 60-5255-111-010 CONTRACT SVCS/CONSTRUCTION 60-5255------- DEPARTMENT TOTAL 60-5261-111-000 CON8RACT SVCS/PRDFMIOEIIL 60-5261-111-010 OONBTRACT SVCS/CONSTRUCTION 60-5261-111 ---OBJECT TOTAL 60-5261------- DEPAR@ENT TOTAL ENCUMBRANCES EXPENDITURES BALANCE 39861.49 39861.49 495.28 495.28 * 40356.77 " 40356.77 19034.59 19034.59 " 19034.59 * 19034.59 * • 828.75 e * 828.75 * * 453.74 • 453.74 • 810.25 • " R 810.25 •* 61484.10 "* 51484.10 •• 3403.90 3403.90 120496.31 120496.31 * 123900.21 • 123900.21 ** 123900.21 *• 123900.21 *• 2959.36 2959.36 69448.80 69448.80 " 72408.16 * 72408.16 "* 72400.16 ** 72408.16 *• 580.98 580.96 " 580.98 • 500.98 "* 580.98 . •• R 580.98 *• f tt tf ft 450.18 450.18 * 450.18 • 450.18 " 613.98 • 613.98 ** 1064.16 •* 1064.16 ** • Rf R •* R •R 49.56 49.56 • 49.56 " 49.56 " •• 49.56 "* 49.56 •• f R• f RR f • }. R fR • t 1f R }R " PAGE A 1 12.05.07 REMAINING BUDGET BUDGET {COMP 388680.00 7429.00 396109.00 195000.00 243750.00 5000.00 15000.00 40000.00 15000.00 513750.00 9945.00 6820.00 5477.00 9723.00 " 15000.00 958624.00 •* 20000.00 1200000.00 1220000.00 1220000.00 •* 10000.00 400000.00 410000.00 410000.00 •* 97645.00 4497065.00 4594710.00 4594710.00 "* 100000.00 100000.00 •f 100000.00 2300000.00 2400000.00 R 2400000.00 •* 40000.00 60000.00 100000.00 100000.00 •R 60000.00 1100000.00 1160000.00 1150000.00 •• 23000.00 25000.00 •f 30000.00 30000.00 RR 10000.00 140000.00 150000.00 150000.00 *• 348818.51 5933.72 355752.23 175965.42 243750.00 5000.00 15000.00 40000.00 15000.00 494715.41 9116.23 6820.00 5023.26 " 8912.75 15000.00 " 897339.90 •* 16596.10 1079503.69 2096099.79 " 1096099.79 •* 7040.64 330351.20 337591.84 337391.84 *• 97064.02 4497065.00 4594129.02 4594129.02 •• 100000.00 100000.00 f. 99549.82 2300000.00 2399549.82 613.98-• 2398935.84 •• 40000.00 60000.00 100000.00 100000.00 1f 59950.44 1100000.00 1159950.44 1159950.44 *• 25000.00 25000.00 ff 30000.00 30000.00 RR 10000.00 140000.00 150000.00 150000.00 *• 00�25 10.3 f 6.7 f 10.2 f 9.8 i .0 i .0 f .0 f .0 t .0 t 3.7 f 8.3 { .0 s 8.3 t 8.3 t .0 \ 6.4 \ 17.0 t 10.0 s 10.2 f 10.2 \ 29.6 \ 17.4 1 17.7 f 17.7 s .6 { .0 \ .0 t .0 i .0 \ .5 f .0 t .0 t .0 i .0 t .0 { .0 \ .0 f .0 { .1 { .0 f .0 t .0 \ .0 t .0 \ .0 t .0 { .0 f .0 1 .0 { .0 \ GL64 6/05/92 FND DEPT OBJ SUB DESCRIPTION A P P R 0 P R I A T ION SUMMARY ---- BY FUND ACCOUNT BALANCES THRU 7/31/92 ENCUMBRANCES EXPENDITURES BALANCE PAGE AZ 12.05.08 REMAINING BUDGET BUDGET %COMP FUND 60 RDA CAPITAL IMPROVEMENTS PA►1 60-5253-111-000 CONTRACT SVCS/PROFESSIONAL 5000.00 5000.00 .0 % 60-5263-111-010 CONTRACT SVCS/CONSTRUCTION 245000.00 245000.00 .0 % 60-5263-111 ---OBJECT TOTAL * * * 250000.00 * 250000.00 * .0 % 60-5263------- DEPARTMENT TOTAL *' ** ** 250000.00 *' 250000.00 ** .0 % 60-5266-111-000 CONTRACT SVCS/PRWESSIONAL " " * 66500.00 * 66500.00 * .0 % 60-5266------- DEPARTMENT TOTAL ** ** ** 66500.00 ** 66500.00 ** .0 % 60----------- FUND TOTAL "'* 259487.17 •"• 259487.17 *'• 11465034.00 *•* 11205546.83 *•" 2.3 % FUND 62 RDA LOW/MOD FUND PA#1 62-5201-006-001 SUBSIDY AD 88-1 3000.00 3000.00 .0 % 62-5201-006-002 SUBSIDY AD 89-2 3000.00 3000.00 .0 % 62-5201-006-006 SUBSIDY AD 90-1 6000.00 6000.00 .0 % 62-5201-006-007 SUBSIDY AD 91-1 120000.00 120000.00 .0 % 62-5201-006-008 ASSESSMENT DISTRICT NO. 92- 75000.00 75000.00 .0 % 52-5201-006 —OBJECT TOTAL * * * 207000.00 * 207000.00 * .0 % 62-5201-101-000 CITY STAFF M-(SALARIES) 2987.90 2987.90 29884.00 26896.10 10.0 % 62-5201-101-001 AGENCY MEMBERS -(SALARIES) 38.08 38.08 571.00 532.92 6.7 % 62-5201-101 ---OBJECT TOTAL • 3025.98 " 3025.98 * 30455.00 * 27429.02 * 9.9 % 62-5201-111-015 PROFESSIONAL SERVICES-ATTOR 752.37 752.37 25000.00 24247.63 3.0 % 62-5201-111-020 PROFESSIONAL SERVICES-CONSU 9374.42 9374.42 125000.00 115625.50 7.5 % 62-5201-111-025 PROFESSIONAL SERVICES/AUDIT 500.00 500.00 .0 % 62-5201-111-030 SELF HELP HOUSING PROGRAM 22306.48 22306.48 700000.00 677693.52 3.2 % 62-5201-111-040 STOCXMAN PROGRAM 103000.00 103000.00 602500.00 499500.00 17.1 % 62-5201-111 —OBJECT TOTAL * 135433.27 * 135433.27 * 1453000.00 * 1317566.73 * 9.3 % 62-5201-116-000 OFFICE RENT * 63.75 * 63.75 * 765.00 * 701.25 * 8.3 % 62-5201-117-000 TRAVEL S MEETINGS * * * 1410.00 * 4410.00 * .0 % 62-5201-118-030 TELEPHONE " 70.14 * 70.24 * 847.00 * 776.86 * 8.3 % 62-5201-130-000 OFFICE SUPPLIES * 125.25 * 125.25 * 1503.00 * 1377.75 * 8.3 % 62-5201-132-000 SPECIAL DEPARTMENTAL SUPPLI * ' " 5000.00 * 5000.00 ' .0 % 62-5201-143-000 LAND ACQUISTITON-JEFFERSON/ " 256839.67 ' 256839.67 ' 256907.00 * 67.33 * 100.0 % 52-5201------- DEPARTMENT TOTAL "* 395558.06 ** 395558.06 *' 1959887.00 *" 1564320.94 ** 20.2 % 62----------- FUND TOTAL "** 395558.06 *** 395558.06 *'* 1959887.00 *"* 1564328.94 *** 20.2 % FUND 63 RDA DEBT SERVICE FUND PAM1 63-5000-002-000 CV MOSQUITO ABATEMENT DISTR 128541.00 128541.00 .0 % 63-5000-002-001 C V. SCHOOL DISTRICT 353698.75 353696.75 752764.00 399065.25 47.0 % 63-5000-002-002 DESERT SANDS SCHOOL DISTRIC 344620.00 344510.00 .0 % 63-5000-002 ---OBJECT TDTAL " 353698.75 * 353698.75 * 1225915.00 * 872215.25 • 28.9 % 63-5000-005-001 INTEREST-89 SERIES 572187.00 572187.00 .0 % 63-5000-005-005 INTEREST-91 SERIES 549809.00 549809.00 .0 % 63-5000-005-007 INTEREST-90 SERIES 1409355.00 1409355.00 .0 % 63-5000-005-020 PAYMENT ON CITY ADVANCE 11276.66 11276.65 4385034.00 4373757.34 .3 % 63-5000-005 ---OBJECT TOTAL * 11276.66 * 11276.66 * 6926385.00 * 6905108.34 * .2 % 63-5000-006-004 PRINCIPAL-89 SERIES 155000.00 155000.00 .0 % 63-5000-006-005 PRINCIPAL-91 SERIES 175000.00 175000.00 .0 % 63-5000-006-007 PRINCIPAL-90 SERIES 430000.00 430000.00 .0 % 63-5000-006 ---OBJECT TOTAL * * * 760000.00 * 76G000.00 * .0 % 63-5000------- DEPARTMENT TOTAL ** 364975.41 ** 364975.41 ** 8902300.00 *" 8537324.59 '• 4.1 % 63----------- FUND TOTAL *** 364975.41 *** 364975.41 **" 8902300.00 "** 8537324.59 *"* 4.1 % FUND 66 RDA DEBT SERVICE FUND PA42 66-5000-002-003 CV MOSQUITO ABATEMENT DISTR 19716.00 19716.00 .0 % 56-5000-002-004 COUNTY OF RIVERSIDE PA►2 373315.00 373315.00 .0 % 000250 GL64 005/92 FND DEPT OBJ SUB DESCRIPTION A P P R 0 P R I A T I ON SUMMARY ---- BY FUND ACCOUNT BALANCES TBRU 7/31/92 ENCUMBRANCES EXPENDITURES BALANCE PAGE H3 12.05.09 REMAINING BUDGET BUDGET %COMP FUND 66 RDA DEBT SERVICE FUND PA42 66-5000-002-005 CV COMMUNITY COLLEGE DIST P 66759.00 66759.00 .0 % 66-5000-002-006 RIVERSIDE CO SUPT SCHOOLS P 36147.00 36147.00 .0 % 66-5000-002-007 Cv WATER DISTRICT PA42 132653.00 132653.00 .0 % 66-5000-002 ---OBJECT TOTAL * * * 628590.00 * 628590.00 * .0 % 66-5000-005-008 INTEREST - 92 SERIES 200000.00 200000.00 .0 % 66-5000-005-021 PAYMENT ON CITY ADVANCE 35802.23 35802.23 35602.23- .0 t 66-5000-005 ---OBJECT TOTAL " 35802.23 * 35802.23 * 200000.00 • 164197.77 * 17.9 \ 66-5000-006-008 PRINCIPAL - 92 SERIES * * * 40000.00 * 40000.00 * .0 % 66-5000------- DEPARTMENT TOTAL "* 35802.23 *• 35802.23 ** 868590.00 ** 832707.77 ** 4.1 % 66----------- FUND TOTAL *** 35802.23 ••• 35802.23 *** 868590.00 *** 832787.77 *** 4.1 % FUND 67 RDA CAPITAL PROJECTS PA42 67-5400-101-000 CITY STAFF (SALARIES) 20921.56 20921.56 209251.00 188329.44 10.0 % 67-5400-101-001 AGENCY MEMBERS -(SALARIES) 266.64 266.64 4000.00 3733.36 6.7 % 67-5400-101 ---OBJECT TOTAL * 21188.20 * 21188.20 " 213251.00 * 192062.80 * 9.9 % 67-5400-111-015 PROFESSIONAL SERVICES-ATTOR 5581.80 5582.80 50000.00 44418.20 11.2 % 67-5400-111-020 PROFESIONAL SERVICES - CONS 6401.75 6402.75 108750.00 102348.25 5.9 t 67-5400-111-025 PROFESSIONAL SERVICES - AUD 2000.00 2000.00 .0 i 67-5400-I11 ---OBJECT TOTAL * 11983.55 * 11983.55 * 160750.00 * 148766.45 • 7.5 t 67-5400-116-000 RENT * 446.25 * 446.25 " 5355.00 * 4908.75 * 8.3 % 67-5400-117-000 TRAVEL i MEETINGS • " " 8820.00 * 8820.00 * .0 % 67-5400-118-030 TELEPHONE " 140.28 * 140.28 * 1693.00 * 1552.72 * 8.3 % 67-5400-130-000 OFFICE SUPPLIES • 250.50 • 250.50 " 3006.00 * 2755.50 * 8.3 % 57-5400-132-000 SPECIAL DEPARTMENTAL SUPPLI * • " 12000.00 * 12000.00 * .0 t 67-5400------- DEPARTMENT TOTAL "* 34008.78 '* 34009.78 " 404875.00 ** 370666.22 ** 8.4 t 67-5410-144-000 LAND AQUISITION * 128615.53 • 128615.63 * 128616.00 * .37 * 100.0 t 67-5410------- DEPARTMENT TOTAL "* 126615.63 "* 128615.63 "* 128616.00 *" .37 ** 100.0 t 67-5411-144-000 LAND ACQUISITION ' 346070.33 * 346070.33 * 346004.00 * 66.33-* 100.0 % 67-5411------- DEPARTMENT TOTAL ** 346070.33 ** 346070.33 *• 346004.00 ** 66.33-** 100.0 % 67-5420-111-000 CONTRACT SVCS/PROFESSIONAL 13056.00 23056.00 .0 \ 67-5420-111-010 CONSTRACT SVCS/CCNSTRUCTION 655115.00 865115.00 .0 t 67-5420-111 ---OBJECT TOTAL * * • 879171.00 " 879171.00 " .0 i 67-5420------- DEPARTMENT TOTAL ** ** ** 879171.00 *• 879171.00 *• .0 \ 67-5423-111-000 CONTRACT SVCS/PROFESSIONAL 9299.00 9299.00 .0 \ 67-5423-111-OID CONSTAACT SVCS/CONSTRUCTION 616821.00 616821.00 .0 % 67-5423-111 ---OBJECT TOTAL * * * 626120.00 * 626120.00 * .0 % 67-5423------- DEPARTMENT TOTAL *• *" *• 626120.00 ** 626120.00 ** .0 % 67-5425-111-010 CONTRACT SVCS/CONSTRUCTION * * * 30000.00 * 30000.00 • .0 % 67-5425------- DEPARTMENT TOTAL *" ** " 30000.00 ** 30000.00 ** .0 % 67-5426-111-000 CONTRACT SVCS/PROFESSIONAL 5000.00 5000.00 .0 % 67-5426-111-010 CONTRACT SVCS/CONSTRUCTION 240000.00 240000.00 .0 % 57-5425-111 ---OBJECT TOTAL * • * 245000.00 * 245000.00 • .0 % 67-5426------- DEPARTMENT TOTAL ** •• *" 245000.00 •* 245000.00 *• .0 % 67-5430-111-000 CONTRACT SVCS/PROFESSIONAL 220000.00 220000.00 .0 % 67-5430-111-010 CONTRACT SVC/CONSTRUCTION 948150.00 948150.00 .0 % 67-5430-111 ---OBJECT TOTAL * * * 1168150.00 * 1168150.00 * .0 % 67-5430------- DEPARTMNT TOTAL ** ** +* 1168150.00 ** 1168150.00 ** .0 % 67-5431-111-000 CONTRACT SVCS/PROFESSIONAL 50000.00 50000.00 .0 % 67-5431-111-010 CONTRACT SVCS/CONSTRUCTION 1015000.00 1015000.00 .0 i 67-5431-111 ---OBJECT TOTAL * * * 1065000.00 * 1065000.00 * .0 % 67-5431-144-000 LAND COSTS * * * 50000.00 * 50000.00 * .0 % 67-5431------- DEPARTMENT TOTAL ** ** ** 1115000.00 ** 1115000.00 ** .0 % 57-5446-111-000 CONTRACT SVCS/PROFESSIONAL 9000.00 9000.00 .0 % e\ rn h ft 4 GL64 ' A P P R 0 P R I A T I OR SUMMARY ---- BY FUND 4/05/92 ACCOUNT BALANCES THRU 7/31/92 FND DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES BALANCE BUDGET PAGE AN 12.05.10 REMAINING BUDGET %COMP FUN) 67 RDA CAPITAL PROJECTS PAM2 67-5446-111-010 CONTRACT SVCS/CONSTRUCTION 51000.00 51000.00 .0 i 67-5446-111 ---OBJECT TOTAL • * * 60000.00 * 60000.00 * .0 i 67-5445------- DEPARTMENT TOTAL '• *" ** 60000.00 ** 60000.00 ** .0 % 67-5447-111-000 CONTRACT SVCS/PROFESSICNAL * * ' 3731460.00 * 3731460.00 * .0 % 67-5447------- DEPARTMENT TOTAL '• *" " 3731460.00 '• 3731460.00 '* .0 t 67----------- FUND TOTAL ••* 508694.74 *** 508694.74 ••* 8734396.00 *•* 8225701.26 *** 5.8 % FUND 68 RDA LOW/MOD FUND PA42 68-5202-121-015 PROFESSIONAL SVCS/ATTORNEY 15000.00 15000.00 .0 i 68-5202-111-020 PROFESSIONAL SVCS/CONSULTAN 1921.92 1921.92 25000.00 23078.08 7.7 i 68-5202-111-025 PROFESSIONAL SERVICES/AUDIT 500.00 500.00 .0 % 68-5202-111 ---OBJECT TOTAL * 1921.92 * 1921.92 * 40500.00 * 38578.08 * 4.7 i 68-5202-117-000 TRAVEL i MEETING * * " 4410.00 * 4410.00 * .0 i 68-5202-118-030 TELEPHONE * 35.84 * 35.84 ' 433.00 * 397.16 * 8.3 i 66-5202-130-000 OFFICE SUPPLIES * 64.00 * 64.00 ' 768.00 * 704.00 * 8.3 i 68-5202-132-000 SPECIAL DEPARTMENTAL SUPPLI " * • 2500.00 * 2500.00 * .0 1 66-5202------- DEPARTMENT TOTAL •• 2021.76 ** 2021.76 •* 48511.00 •* 46589.24 *" 4.2 i 66----------- FUND TOTAL *x* 2021.76 *•* 2021.76 **' 48611.00 *•* 46589.24 *" 4.2 i T 0 T A L A P P R O P R I A T I O N 857.59- 2951859.48 2951001.89 48705025.00 45754023.11 6.1 8 000258 ceu`Y 4 4Qulxfa REDEVELOPMENT AGENCY MEETING DATE: SEPTEMBER 15, 1992 ITEM TITLE: DEPARTMENT STAFF REPORT ASSISTANT CITY MANAGER TRANSMITTAL OF STATEMENT OF FINANCIAL POSITION AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: DEPARTMENTAL REPORT: a Transmital of July 1, 1991 thru June 30, 1992 Statement of Financial Position for the La Quinta Redevelopment Agency. RECOMMENDATION: Receive and File Submitted by: Signature Approved for submission to City Council MUR WARD N INTERI CITY MANAGER Os,; 259 GL102 8/25/91 ASSETS CASH IN BANX CASH MONEY MArJ= RESTRICTED CASH ACCOUNTS RECEIVABLE ACCRUED INTEREST RECEIVABLE ACCRUED REVENUE ANT AVAILABLE RETIREMENT LTD LAIF INVESTMENT INVESTMENT ITM INTERFUND TSF ACCT TOTAL ASSETS LIABILITIES 6 EQUITY LIABILITIES ACCOUNTS PAYABLE ACCRUED EXPENSES ARBITRAGE EXCESS EARNINGS DUE TO CITY OF LQ - GEN FUND TOTAL LIABILITIES LA QUINTA REDEVELOPMENT AGENCY STATEMENT OF FINANCIAL POSITION PA41 9.09.46 PAGE 1 PERIOD 7/91 THROUGH 6/92 CAPITAL LAW DEBT T O T A L S PROTECT MODERATE SERVICE --- MEMORANDUM ONLY --- FUND FUND FUND CURRENT NNE 30, 1991 3398314.55 2284059.64 7767540.61- 2085166.42- 441243.02- 9244956.91 3044145.82- 6200811.09 31032.91 1554707.99 1554707.99 753934.42 436319.74 436319.74 306921.97 153573.09 232953.23 232953.23 154683.25 108647.51 14343215.85 14451863.36 9009000.00 162461.29 162461.29 183087.65 153402.59- 13350700.00 2284059.64 5319190.64 20953950.28 9997587.68 1299.20 16124.81- 50.00 14775.61- FUND BALANCE 13335924.39- 2284059.64- 5319190.64- TOM LIABILITY 6 FUND EQUITY 13350700.00- 2284059.64- 5319190.64- 1299.20 6297.74- 16124.81- 99416.19- 50.00 1033247.15- 14775.61- 1138961.08- 20939174.67- 8858626.60- 20953950.28- 9997587.68- 000260 CL102 LA QUINTA REDEVELOPMENT AGENCY 8/24/91 STATEMENT OF FINANCIAL POSITION PAN2 PAGE 2 PERIOD 7/91 THROUGH 6/92 CAPITAL LOW DEBT PROJECT MODERATE SERVICE FUND FUND FUND ASSETS CASH IN BANK 80182.21 193425.13 1961114.95 ACCRUED REVENUE 71034.17 ANT AVAILABLE RETIREMENT LTD INTERFUND TSF ACCT TOTAL ASSETS 80182.21 193425.13 2032149.12 LIABILITIES 8 EQUITY LIABILITIES ACCRUED EXPENSES DUE TO CITY OF IQ - GEN FUND TOTAL LIABILITIES FUND BALANCE 80182.21- 193425.13- 2032149.12- TOTAL LIABILITY 6 FUND EQUITY 80182.21- 193425.13- 2032149.12- 16.37.56 T O T A L S --- MEMORANDUM ONLY --- CURRANT JUNE 30, 1991 2234722.29 887598.39 71034.17 62428.35 153402.59 2305756.46 1103429.34 15.79- 1628311.01- 1628326.80- 2305756.46- 524897.46 2305756.46- 1103429.34- 000261 GL102 LA QUINTA REDEVELOPMENT AGENCY 8/25/92 - STATEMENT OF FINANCIAL POSITION PAGE 3 PERIOD 7/91 THROUGH 6/92 LONG GENERAL TERM FIXED DEBT ASSETS ASSETS AMT AVAILABLE RETIREMENT LTD 5096593.00 ANT PROVIDED RETIRSMSNT LTD 63291563.48 GENERAL FIXED ASSETS 5879910.05 TOTAL AUNTS 68388156.48 5879910.05 LIABILITIES C EQUITY LIABILITIES BONDS PAYABLE 35000000.00- DUE TO COUNTY OF RIVERSIDE 6007041.40- DUE TO CITY OF LQ - GEN FUND 5864483.58- NOTE DUE HALL,BRONN,GENTILE 127500.00- NOTE DUE MURPHY,DALES,LANE 3118500.00- INVESTMENT IN GEN FIXED ASSETS 5879910.05- DUE TO C.V. SCHOOL DISTRICT 14756491.50- DUE TO DESERT HANDS SCHOOL DST 3514140.00- TOTAL LIABILITIES 65196014.96- 5879910.05- FUND BALANCE TOTAL LIABILITY i FUND EQUITY 68388156.48- 5879910.05- 10.08.00 T O T A L S --- MEMORANDUM ONLY --- CURRENT JUNE 30, 1991 5096593.00 5096593.00 63291563.48 33516588.40 5879910.05 5981652.17 74268066.53 44694833.57 35000000.00- 26850000.00- 6007041.40- 4306641.81- 5864483.58- 127500.00- 255000.00- 3118500.00- 3118500.00- 5879930.05- 5981652.17- 14756491.50- 1546670.38- 3514140.00- 2626369.21- 71075925.01- 44694833.57- 74268066.53- 44694833.57- 6G62,62 GL64 R E V E N U E S U M M A R Y ---- BY FUND PAGE A/ 8/11/92 ACCOUNT BALANCES TERU 6/30/92 9.57.52 REMU NI NG FNb DEFT OBJ SUB DESCRIPTION RECEIVED ESTIMATE ESTIMATE %COMP FORD 60 RDA CAPITAL IMPROVEMENTS PA11 60-3300-036-000 INTEREST INCOME -CAP. PROJECT 312717.53- 186667.00- 126050.53 167.5 % 60-3300-036-060 INTEREST INCOME .0 60-3300-036 ---OBJECT TOTAL 312717.53-* 186667.00-* 126050.53 * 167.5 % 60-3300------- DEPARTMENT TOTAL 312717.53-** 186667.00-•• 126050.53 •* 167.5 % 60-3400-034-091 91 SERIES BOND PROCEEDS 8700000.00-* 8000000.00-* 700000.00 * 100.8 % 60-3400------- DEPARTMENT TOTAL 8700000.00-** 8000000.00-•• 700000.00 ** 108.8 % 60-370D-037-060 MISCELLANEOUS REVENUE 110000.00-* * 110000.00 * .0 S 60-3700-400-000 LOAN FROM CITY 6526147.63-• • 6526147.63 • .0 60-3700------- DEPARTMENT TOTAL 6636147.63-** ** 6636147.63 •• .0 % 60----------- FUND TOTAL 15648865.16-•** 6186667.00-••• 7462198.16 *** 191.2 % FUND 62 RDA LOW/MOD FUND PAil 62-3100-031-001 RDA TAX INCREMENT PAtl * 1328909.00-* 1328909.00-* .0 % 62-3100------- DEPARTMENT TOTAL "* 1328909.00-*• 1328909.00-** .0 % 62-3300-036-003 INTEREST INCOME-LOW/MOD 69145.32-• 140000.00-* 70854.68-* 49.4 % 62-3300------- DEPARTMENT TOTAL 69145"32-•* 140000.00-*• 70854.68-** 49.4 % 62-3700-200-000 SUBSIDY REIMBURSE BY PROPERTY OWNER 7995.39-• * 7995.39 * .0 1 62-3700-400-000 LOAN FROM CITY 800439.85-• * 800439.86 * .0 % 62-3700------- DEPARTMENT TOTAL 808435.25-•* *• 808435.25 •* .0 % 62----------- FUND TOTAL 877580.57-•*• 1468909.00-**• 591328.43-*** 59.7 i FUND 63 RDA DEBT SERVICE FORD PAI1 63-3100-031-003 RDA TAX INCREMENT PA11 10444241.19-• 7705598.00-* 2738643.19 * 135.5 % 63-3100------- DEPARTMENT TOTAL 10444241.19-•• 7705598.00-** 2738643.19 +• 135.5 63-3300-036-002 INTREST INCOME -DEBT SERVICE 307294.95- 560000.00- 252705.05- 54.9 % 63-3300-036-002 INTEREST INCOME -RESERVE 57665.22- 50400.00- 7265.22 114.4 63-3300-036 ---OBJECT TOTAL 364960.17-* 610400.00-• 245439.83-* 59.8 % 63-3300------- DEPARTMENT TOTAL 364960.17-** 610400.00-** 245439.83-*• 59.8 1 63-3700-037-063 MISCELLANEOUS REVENUE .14-* • .14 * .0 % 63-3700-400-000 LOAN FROM CITY 43552.94-* • 43562.94 * .0 % 63-3700------- DEPARTMENT TOTAL 43553.08-*• *• 43563.08 ** .0 % 63-3950-000-000 TRANSFER IN 768420.35-• • 768420.35 * .0 % 63-3950------- DEPARTMENT TOTAL 768420.35-•• •• 768420.35 •• .0 63----------- FUND TOTAL 11621184.79-*•• 8315998.00-*•* 3305186.79 **• 139.7 % FUND 66 RDA DENT SERVICE FUND PA12 66-3100-031-005 RDA TAX INCREMENT PA42 1446068.62-• 1105969.00-• 340099.62 * 130.8 % 66-3100------- DEPARTMENT TOTAL 1446068.62-•• 1105969.00-•* 340099.62 •• 130.8 % 66-3300-036-004 RDA INTEREST EARNINGS PA42 55961.03-* 40800.00-• 15161.03 * 137.2 % 66-3300------- DEPARTMENT TOTAL 55961.03-•• 40800.00-** 15161.03 •• 137.2 1 66-3700-400-000 LOAN FROM CITY 351074.74-• * 351074.74 • .0 66-3700------- DEPARTMENT TOTAL 353074.74-*• •• 351074.74 *+ .0 66----------- FUND TOTAL 1853104.39-••* 1146769.00-*** 706335.39 +++ 161.6 % FUND 67 RDA CAPITAL PROJECTS PA12 67-3300-035-006 RDA INTEREST EARNINGS PA#2 2610.41-* • 2610.41 • .0 67-3300------- DEPARTMENT TOTAL 2610.41-** •* 2610.41 ** .0 67-3700-400-000 LOAN FROM CITY 1461609.59-* 1020136.00-• 441473.59 * 143.3 % 57-3700 ------- DEPARTMENT TOTAL 1461609.59-*• 1020136.00-*• 441473.59 "• 143.3 % 67----------- FUND TOTAL 1464220.00-*** 1020136.00-*** 444084.00 ••• 143.5 % FUND 68 RDA LOW/MOD FUND PAM2 68-3100-031-006 FDA TAX INCREENT PAi2 * 276492.00-* 276492.00-• .0 1 68-3100------- DEPARTMENT TOTAL *• 276492.00-** 276492.00-** .0 % 68-3300-036-005 RDA INTEREST EARUNINGS PAM2 5594.13-* 10200.00-* 4605.87-* 54.8 % 68-3300------- DEPARTMENT TOTAL 5594.13-** 10200.00-** 4605.87-** 54.8 % 68-3700-400-000 LOAN FROM CITY 3904.35-* • 3904.35 • .0 % 68-3700------- DEPARTMENT TOTAL 3904.35-„ „ 4 0 t �9"39 1 GL64 A P P R 0 P R I A T I O N 5 U M M A R Y ---- BY FUND PAGE Al 8/11/32 ACCOUNT BALANCES THRU 6/30/92 9.58.06 REMAINING FND DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES BALANCE BUDGET BUDGET %COMP FUND 60 RDA CAPITAL IMPROVEMENTS PAil 60-4450-000-000 TRANSFER OUT • 768420.35 • 768420.35 * • 766420.35-• .0 % 50-4450------- DEPAR174ENT TOTAL *• 768420.35 •' 766420.35 •• •• 766420.35-0• .0 % 60-5000-008-060 PROJECT NO.2 * 12839.27 • 12839.27 * 12840.00 • .73 " 100.0 % 60-5000-017-000 ISSUANCE COST 1991 SERIES B 0 % 60-5000-017-060 ISSUANCE COST 1991 SERIES B 291065.41 291065.41 291065.41- .0 % 60-5000-017 ---OBJECT TOTAL • 291065.41 * 291065.41 ` ` 291065.41-• .0 % 60-5000------- DEPA104ENT TOTAL. "• 303904.68 •* 303904.68 •• 12840.00 •• 291064.68-•• 2366.9 % 60-5200-101-000 CITY STAFF EXP-(SALARIES) 297836.55 297836.55 312636.00 14799.45 95.3 % 60-5200-101-001 AGENCY MMMIERS-(BALARIES) 6917.24 6917.24 7800.00 882.76 88.7 % 60-5200-101 ---OBJECT TOTAL 304753.79 " 304753.79 • 320436.00 " 15682.21 ' 95.1 % 60-5200-111-005 91 SERIES TAB I1B3.32 1103.32 1183.32- .0 % 60-5200-111-015 PROFESSIONAL SERVICES-ATTOR 76179.65 76179.65 31500.00 44679.65- 241.8 % 60-3200-111-020 PROFESSIONAL SERVICES-CONSU 17850.29 17850.29 63000.00 45149.71 28.3 % 60-5200-111-025 PROFESSIONAL SERVICES -AUDIT 630.00 630.00 4320.00 3690.00 14.6 % 60-5200-111-031 FISCAL AGENT FEES 1990 SERI 12472.52 12472.52 40000.00 27527.40 31.2 % 60-5200-111-032 FISCAL AGENT FEES 1989 SERI 2839.22 2839.22 8000.00 5160.78 35.5 % 60-5200-111 ---OBJECT TOTAL • 111155.00 • 111155.00 • 146820.00 • 35665.00 • 75.7 % 50-5200-116-000 OFFICE RENT ' 8673.00 • 8673.00 • 8673.00 + • 100.0 % 60-5200-117-000 TRAVEL 4 MEETINGS • 720.24 • 720.24 • 8400.00 • 7679.76 • 8.6 % 60-5200-132-000 SPECILA DEPARTMENTAL SUPLIE ' 3396.86 • 3396.86 ' 5250.00 " 1853.14 • 64.7 % 60-5200------- DEPARTMENT TOTAL •" 428596.89 •" 428598.89 " 489579.00 •• 60880.11 •• 87.6 % 60-5201-111-020 PROFESSIONAL SERVICES-CONSU ` 2185.00 • 2185.00 * ' 2185.00-• .0 % 60-5201------- DEPARTMENT TOTAL '• 2185.00 •• 2185.00 *• •• 2185.00-`• .0 % 60-5210-111-000 CONTRACT SVCS/PROFESSIONAL 347474.21 347474.21 347474.21- .0 % 60-5210-112-010 CONTRACT SVCS/CONSTRUCTION 692582.67 692682.67 600000.00 92682.67- 115.4 % 60-5210-111 ---OBJECT TOTAL + 1040156.80 • 1040156.88 • 600000.00 • 440156.88-• 173.4 % 60-5210------- DEPARTMENT TOTAL •* 1040156.88 •• 1040155.80 •* 600000.00 *• 440156.88-•• 173.4 % 60-5215-111-000 CONTRACT SVCS/PROPE88IONAL 192240.05 192240.05 217798.00 25557.95 88.3 • 60-5215-111-010 CONTRACT SVCS/CONSTRUCTICN 1752559.08 1752559.08 3468082.00 1715522.92 50.5 % 60-5215-111 ---OBJECT TOTAL + 1944799.13 • 1944799.13 • 3685680.00 ` 1741080.87 • 52.8 t 60-5215------- DEPARTMENT TOTAL •• 1944799.13 •• 1944799.13 •" 3685880.00 •• 1741080.87 •• 52.8 % 60-5216-111-000 CONTRACT SVCS/PROFSSSIONIIL 85472.31 86472.31 12510.00 13962.31- 119.3 % 60-5216-111-010 CONTRACT SVCS/CONSTRUCTION 624130.40 624130.40 1154610.00 530479.60 54.1 t 60-5216-111 ---OBJECT TOTAL ' 710602.71 * 710602.71 • 1227120.00 * 526517.29 " 57.9 % 60-5216-144-000 LAND ACQUISITION ' 67493.84 • 67493.84 * 172000.00 ' 104505.16 • 39.2 % 60-5216------- DEPARTMENT TOTAL •• 778096.55 •• 778096.55 •• 1399120.00 •` 621023.45 •• 55.6 % 60-5220-111-000 CONTACT SVCS/PROFESSIONAL 52007.92 52007.92 10000.00 42007.92- 520.1 % 60-5220-111-010 CONTACT SVCS/CON3TRUCTION 154906.07 154906.07 224600.00 69693.93 69.0 % 60-5220-111 —OBJECT TOTAL • 206913.99 * 206913.99 • 234600.00 • 27506.01 ' 88.2 % 60-5220-144-000 LAND COST * 86355.89 * 86355.89 • 89000.00 • 2644.11 • 97.0 % 60-5220------- DEPARTMENT TOTAL •• 293269.88 *• 293269.88 •• 323600.00 •• 30330.12 "' 90.6 % 60-5223-111-000 CONTRACT SVCS/PROFESSIONAL " 386643.94 * 306643.94 " 490000.00 • 103356.06 • 76.9 % 60-5223------- DEPARTMENT TOM •" 386643.94 •• 385643.94 "* 490000.00 •• 103356.06 ++ 78.9 % 60-5235-111-000 CONTRACT SVCS/PROFESSIONAL 1228.41 1228.41 67000.00 65771.59 1.8 % 60-5235-111-010 CONTRACT SVCS/CONSTRUCTION 18000.00 18000.00 .0 % 60-5235-111 —OBJECT TOTAL " 1228.41 ' 1228.41 • 85000.00 " 83771.59 • 1.4 % 60-5235-144-000 LAND COST • 116510.61 • 116510.61 • 175000.00 • 58489.39 * 66.6 % 60-5235------- DEPARTMENT TOTAL •* 117739.02 "" 117739.02 •• 260000.00 "* 142260.98 •• 45.3 % 60-5240-111-000 CONTRACT SVCS/PROFESSIONAL 27164.67 27164.67 27164.67- .0 % 60-5240-111-010 CONTRACT SVCS/CONSTRUCTION 175714.04 176714.04 200000.00 23285.96 86.4 % 60-5240-111 ---OBJECT TOTAL • 203878.71 + 203878.71 • 200000.00 + 3878.71-• 101.9 % 60-5240------- DEPARTMENT TOTAL *• 203878.71 •* 203878.71 " 200000.00 •• 3878.71-•• 101.9 % 60-5241-111-000 CONTRACT SVCS/PROFESSIONAL 1708.74 1708.74 40000.00 38291.26 4.3 % 60-5241-111-010 CONTRACT SVCS/CONSTRUCTION 17.00 17.00 52700.00 52683.00 .0 % 60-5241-111 ---OBJECT TOTAL • 1725.74 * 1725.74 " 92700.00 • 90974.26 • 1.9 % 60-5241 ------- DEPARTMENT TOTAL •• 1725.74 *• 1725.74 •• 92700.00 •• 90974.26 •* 1.9 % 60-5245-111-000 CONTRACT SVCS/PROFESSIONAL 10131.72 10131.72 20000.00 &94 t 6 40.7 % 60-5245-111-010 CONTRACT SVCS/CONSTRUCTION 343.08 343.08 880000.00 879655.92 .0 % 60-5245-111 ---OBJECT TOTAL • inA�A un • inA7A nn • onnnnn nn . ....1. ... - - UL64 8/11/92 FND DEPT OBJ SUB DESCRIPTION A P P R 0 P R I A T ION SUMMARY ---- BY FUND ACCOUNT BALANCES THRU 6/30/92 ENCUMBRANCES EXPENDITURES BALANCE PAGE A.2 9.58.07 REMAINING BUDGET BUDGET %COMP FUND 60 RDA CAPITAL IMPROVEMENTS PAM1 60-5245 ------- DEPARTMENT TOTAL ** 10474.80 ** 10474.80 •* 900000.00 " 889525.20 •• 1.2 % 60-5250-111-000 CONTRACT SVCS/PROFESSIONAL * 88.52 " 88.52 ' 25000.00 " 24911.48 • .4 % 60-5250------- DEPARTMENT TOTAL •* 88.52 •* 88.52 ** 25000.00 *• 24911.48 *" .4 t 60-5255-111-010 CONTRACT SVCS/CONSTRUCTION + " * 30000.00 + 30000.00 * .0 % 60-5255------- DEPARTMENT TOTAL "• "* "• 30000.00 " 30000.00 *" .0 t 60-5260-111-000 CONTRACT SVCS/PROFESSIONAL 11287.34 11287.34 8900.00 2387.34- 126.8 t 60-5260-111-010 CONTRACT SVCS/CONSTRUCTION 167539.26 167539.26 141100.00 26439.26- 118.7 % 60-5260-111 ---OBJECT TOTAL • 178826.60 * 178826.60 • 150000.00 " 28826.60-* 119.2 t 60-5260------- DEPARTMENT TOTAL •' 178826.60 "* 170825.60 •' 150000.00 *' 28826.60-** 119.2 t 60-5264-111-000 CONTRACT SVCS/PROFESSIONAL • • * • + .0 t 60-5264------- DEPARTMENT TOTAL •• •: +: +* +• .0 t 60----------- FUND TOTAL ••• 5458908.69 •*' 6458908.69 •** 8658719.00 "** 2199810.31 *•• 74.6 t FUND 62 RDA LOW/MOD FUND PAtl 62-5000-006-006 A.D. 90-1 SUBSIDY • " ' ' * .O t 62-5000------- DEPARTMENT TOTAL •* "* *• •' "* .0 t 62-5201-006-001 SUBSIDY AD 88-1 1177.90 1177.90 1177.90- .0 % 62-5201-006-002 SUBSIDY AD 89-2 12004.68 12004.68 22000.00 9995.32 54.6 \ 62-5201-006-006 SUBSIDY AD 90-1 139524.56 139524.56 120825.00 18699.55- 115.5 \ 62-5201-006-007 SUBSIDY AD 91-1 53383.90 53383.90 60000.00 6616.10 89.0 t 62-5201-006 ---OBJECT TOTAL " 206091.04 • 206091.04 " 202825.00 ' 3266.04-• 101.6 t 62-5201-101-000 CITY STAFF EXP-(SALARIES) 22989.86 22889.86 24049.00 1159.14 95.2 t 62-5201-101-001 AGENCY MEMBERS -(SALARIES) 525.98 525.98 600.00 74.02 87.7 \ 62-5201-101 ---OBJECT TOTAL * 23415.84 * 23415.84 • 24649.00 " 1233.16 * 95.0 % 62-5201-211-015 PROFESSIONAL SERVICES-ATTOR 58345.51 58345.51 10500.00 47845.51- 555.7 % 62-5201-111-020 PROFESSIONAL SERVICES-CONSU 61415.72 61415.71 21000.00 40415.71- 292.5 % 62-5201-111-030 SELF RELP HOUSING PROGRAM 181775.07 181775.07 750000.00 568224.93 24.2 % 62-5201-111 ---OBJECT TOTAL ' 301535.29 • 302535.29 • 781500.00 * 479953.71 * 38.6 % 62-5201-116-000 OFFICE RENT ' 666.96 * 666.96 • 667.00 * .04 * 100.0 % 62-5201-117-000 TRAVEL a MEETINGS ' 524.18 * 524.18 • 4200.00 * 3675.82 * 12.5 % 62-5201-132-000 SPECIAL DEPARTMENTAL SUPPLI ' " * 2100.00 * 2100.00 * .0 % 62-5201-143-000 LAND ACQUISTITON-JEFFERSON/ * 443198.05 • 443198.05 " 500000.00 " 156801.95 * 73.9 % 62-5201------- DEPARTMENT TOTAL •* 975432.36 ** 975432.36 " 1515941.00 ** 640508.64 •• 60.4 % 62----------- FUND TOTAL •*• 975432.36 **• 975432.36 *'* 1615941.00 **• 640508.64 **• 60.4 % FUND 63 RDA DEBT SERVICE FUND PAtl 63-5000-002-000 CV MOSQUITO ABATEMENT DISTR 127312.00 127312.00 .0 % 63-5000-002-001 C V. SCHOOL DISTRICT 353698.75 353698.75 448130.00 94431.25 70.9 % 63-5000-002-002 DESERT SANDS SCHOOL DISTRIC 259260.00 259260.00 259260.00 100.0 % 63-5000-002 —OBJECT TOTAL * 612958.75 • 612958.75 * 834702.00 * 221743.25 * 73.4 % 63-5000-003-002 ADMINISTRATIVE EXP * 25.00 " 25.00 * * 25.00-* .0 % 53-5000-005-001 INTEREST-89 SERIES 502202.50 582202.50 582202.00 .50- 100.0 % 63-5000-005-005 INTEREST-91 SERIES 231411.46 231411.46 596790.00 365378.54 38.8 % 63-5000-005-007 INTEREST-90 SERIES 1434835.00 1434835.00 1434835.00 100.0 \ 63-5000-005-020 PAYMENT ON CITY ADVANCE 6194270.48 6194270.48 250000.00 5944270.48- 2477.7 % 63-5000=005 ---OBJECT TOTAL * 8442719.44 * 8442719.44 " 2863827.00 * 5578892.44-• 294.8 % 63-5000-006-004 PRINCIPAL-89 SERIES 145000.00 145000.00 145000.00 100.0 % 63-5000-006-005 PRINCIPAL-91 SERIES 158353.00 158353.00 .0 % 63-5000-006-007 PRINCIPAL-90 SERIES 405000.00 405000.00 405000.00 100.0 % 63-5000-006 ---OBJECT TOTAL ' 550000.00 * 550000.00 * 708353.00 * 158353.00 * 77.E % 63-5000------- DEPARTMENT TOTAL ** 9605703.19 ** 9605703.19 "* 4406882.00 *" 5198821.19-** 218.0 % 63----------- FUND TOTAL *** 9605703.19 *•* 9605703.19 "*• 4406882.00 **' 5198821.19-*** 218.0 % 6rij0?65 GL64I AP P R 0 P R I A T ION SUMMARY ---- BY FUND PACE A 8/11/92 ACCOUNT BALANCES TEND 6/30/92 9.58.08 REMAINING FRO DEPT OBJ SUB DESCRIPTION ENCUMBRANCES EXPENDITURES BALANCE BUDGET BUDGET %COMP FUND 66 RDA DEBT SERVICE FUND PA►2 66-5000-002-003 CV MOSQUITO ABATEMENT DISTR 10781.28 10781.28 15760.00 4978.72 68.4 % 66-5000-002-004 COUNTY OF RIVERSIDE PAY2 146394.00- 146394.00- 298404.00 444798.00 49.1-9 66-5000-002-005 CV COMMUNITY COLLEGE DIST P 29622.50 29622.50 53363.00 23740.50 55.5 % 66-5000-002-006 RIVERSIDE CD SUPT SCHOOLS P 16116.02. 16116.02 28893.00 12776.98 55.8 % 66-5000-002-007 CV WATER DISTRICT PA42 58811.99 58811.99 106035.00 47223.01 55.5 % 66-5000-002-008 PS AIRPORT MITIGATION PA#2 44000.00 44000.00 .0 66-5000-002 ---OBJECT TOTAL • 31052.21-• 31062.21-• 546455.00 • 577517.21 ' 5.7-% 66-5000-005-021 PAYMENT ON CITY ADVANCE * 348314.74 • 348314.74 " 181000.00 • 167314.74-• 192.4 66-5000------- DEPARTMENT TOTAL •• 317252.53 •+ 317252.53 *• 727455.00 •• 410202.47 •• 43.6 66----------- FUND TOTAL •+• 317252.53 +•• 317252.53 ••• 727455.00 ••• 410202.47 +•• 43.6 FUND 67 RDA CAPITAL PROJECTS PA12 67-5400-101-000 CITY STAFF (SALARIES) 150277.25 160277.25 168342.00 8064.75 95.2 % 67-5400-101-001 AGENCY MEMBERS -(SALARIES) 3682.96 3682.96 3682.96- .0 67-5400-101---OS7ECT TOTAL • 163960.21 * 163960.21 • 168342.00 • 4381.79 • 97.4 % 67-5400-111-015 PROFESSIONAL SERVICES-ATTOR 41094.19 41094.19 31500.00 9594.19- 130.5 1 67-5400-111-020 PROFESIONAL SERVICES - CCHS 37225.06 37225.06 42000.00 4774.94 88.6 67-5400-111-025 PROFESSIONAL SERVICES - AUD 2312.25 2312.25 1430.00 882.25- 161.7 1 67-5400-111 ---OBJECT TOTAL • 80631.50 • 80531.50 " 74930.00 + 5701.50-• 107.6 4 67-5400-117-000 TRAVEL L MEETINGS 632.98 • 632.98 • 8400.00 " 7767.02 • 7.5 1 67-5400-132-000 SPECIAL DEPARTMENTAL SUPPLI • • • 5250.00 • 5250.00 • .0 1 67-5400------- DEPAR=48NT TOTAL •• 245224.69 •• 245224.69 *• 256922.00 •" 11597.32 •• 95.4 % 67-5410-140-000 INTEREST EXPENSE • • • • • .0 % 67-5410-144-000 LAND AQUISITION • 155322.51 • 155322.51 + 283214.00 • 127691.49 • 54.8 % 67-5410------- DEPARTMENT TOTAL *• 155322.51 "* 155322.51 •• 263214.00 •• 127891.49 •• 54.8 % 67-5411-144-000 LAID ACQUISITION • 596557.62 • 596557.52 • 596558.00 • .38 • 100.0 % 67-5411------- DEPARTMENT TOTAL •• 596557.62 +' 596557.62 •• 596558.00 "• .38 •• 100.0 % 67-5420-111-000 CONTRACT SVCS/PROFESSIONAL * 20440.29 • 20440.29 • 46500.00 • 26059.71 • 44.0 67-5420------- DEPARTMENT TOTAL •• 20440.29 •• 20440.29 •• 46500.00 •• 26059.71 •• 44.0 1 67-5423-111-000 CONTRACT SVCS/PROFESSIONAL • 31905.54 • 31906.54 • • 31906.54-" .0 67-5423------- DEPARTMENT TOTAL •• 31906.54 •• 32206.54 •• •• 31906.54-4• .0 L 67-5425-111-010 CONTRACT SVCS/CONSTRUCTION • + * 30000.00 " 30000.00 * .0 % 67-5425------- DEPARTMENT TOTAL •• •• •• 30000.00 "* 30000.00 •• .0 % 67-5430-111-000 CONTRACT SVCS/PROFESSIONAL • 4075.72 * 4075.72 • 300000.00 " 295924.20 • 1.4 % 67-5430-144-000 LAND COST " 88000.00 * 86000.00 • • 88000.00-• .0 % 67-5430------- DEPARTMENT TOTAL •" 92075.72 •• 92075.72 "• 300000.00 "• 207924.28 •* 30.7 % 67-5435-111-000 CONTRACT SVCS/PROFESSIONAL * 250000.00 * 250000.00 • 250000.00 * • 100.0 1 67-5435------- DEPARTMENT TOTAL *• 250000.00 •• 250000.00 •• 250000.00 •" •• 100.0 67-5446-111-000 CONTRACT SVCS/PROFESSICRAL • 2611.19 • 2611.19 • 9500.00 • 5688.81 • 30.7 1 67-5446------- DEPARTMENT TOTAL *• 2611.19 *" 2511.19 •• 8500.00 •+ 5688.81 "• 30.7 % 67----------- FUND TOTAL •"• 1394138.56 "*• 1394138.56 ••• 1771694.00 •*" 377555.44 ••• 78.7 FUND 68 RDA LOW/MOD FUND PA12 68-5202-111-015 PROFESSIONAL SVCS/ATTORNEY 797.50 797.50 10500.00 9702.50 7.6 • 68-5202-111-020 PROFESSIONAL SVCS/CONSULTAN 2972.88 2972.88 21000.00 18027.12 14.2 % 68-5202-111 ---OBJECT TOTAL • 3770.38 • 3770.38 • 31500.00 * 27729.62 • 12.0 68-5202-117-000 TRAVEL 6 MEETING * 133.97 * 133.97 ' 4200.00 * 4066.03 • 3.2 1 68-5202-132-000 SPECIAL DEPARTMENTAL SUPPLI + • • 2100.00 " 2100.00 • .0 68-5202 ------- DEPARTMENT TOTAL •• 3904.35 •• 3904.35 •• 37800.00 •" 33895.65 ** 10.3 1 68----------- FUND TOTAL •*• 3904.35 *•• 3904.35 ••• 37800.00 •** 33895.65 •+• 10.3 %