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2001 04 17 RDATay,, 4 4a 4" Redevelopment Agency Agendas are available on the City's Web Page @ www.ia-quinta.org Redevelopment Agency Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, April 17, 2001 - 2:00 P.M. Beginning Res. No. RA 2001-01 I. CALL TO ORDER Roll Call: Board Members: Adolph, Pena, Perkins, Sniff, Chairperson Henderson II. PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. III. CLOSED SESSION CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR JERRY HERMAN PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CALLE TAMPICO AND EISENHOWER DRIVE. PROPERTY OWNER AGENCY: RAEL DEVELOPMENT CORPORATION. 2. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR JERRY HERMAN PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE TERMINUS OF AVENUE 62 AND WEST OF MADISON STREET. PROPERTY OWNER/NEGOTIATOR: TRAVERTINE. RDA Agenda April 17, 2001 NOTE: Time permitting, the Redevelopment Agency Board may conduct Closed Session discussions during the dinner recess. In addition, when the Agency is considering acquisition of property, persons identified as negotiating parties are not invited into the Closed Session Meeting. RECONVENE AT 3:00 PM IV. PUBLIC COMMENT At this time members of the public may address the Agency Board on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Agency Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the Agency beginning consideration of that item. V. CONFIRMATION OF AGENDA VI. APPROVAL OF MINUTES MINUTES OF THE MEETING OF APRIL 3, 2001. VII. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED APRIL 17, 2001. 2. TRANSMITTAL OF TREASURER'S REPORT DATED FEBRUARY 28, 2001. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT FOR FEBRUARY 28, 2001, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2001. 4. APPROVAL OF AN APPROPRIATION OF RDA PROJECT AREA NO. 2 FUNDS TOWARD THE BIKEWAY IMPROVEMENTS ON CALLE TAMPICO, PARK AVENUE AND AVENUE 50. Vill. BUSINESS SESSION CONSIDERATION OF AN OPTION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND SOUTHERN CALIFORNIA PRESBYTERIAN HOMES REGARDING THE PURCHASE OF TEN ACRES OF AGENCY -OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AVENUE 47 AND ADAMS STREET AND AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO EXECUTE THE APPROPRIATE DOCUMENTS. A. MINUTE ORDER ACTION RDA Agenda -2- April 17, 2001 2. CONSIDERATION OF A LEASE EXTENSION FOR AN ADDITIONAL FIVE YEARS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE CITY OF LA QUINTA, RESULTING IN THE AUTOMATIC EXTENSION OF A SUBLEASE AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND THE UNITED STATES POSTAL SERVICE FOR THE SUM OF $1.00 PER YEAR. A. MINUTE ORDER ACTION IX. PRESENTATIONS - None X. STUDY SESSION - None XI. DEPARTMENT REPORTS - None XII. CHAIR AND BOARD MEMBERS' ITEMS XIII. PUBLIC HEARINGS - None XIV. ADJOURNMENT - Adjourn to a Regular Meeting of the Redevelopment Agency to be held on May 1, 2001, commencing with Closed Session at 2:00 P.M. in the City Council Chambers, 78-495 Calle Tampico, CA 92253. DECLARATION OF POSTING I, June S. Greek, Secretary of the La Quinta Redevelopment Agency, do hereby declare that the foregoing agenda for the La Quinta Redevelopment Agency meeting of April 17, 2001, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, April 13, 2001. DATED: April 13, 2001 C� JUNE S. GREEK, CMC Secretary, La Quinta Redevelopment Agency PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. -3- c&t,, 4 4Q" COUNCIL/RDA MEETING DATE: APRIL 17, 2001 ITEM TITLE: Demand Register Dated April 17, 2001 RECOMMENDATION: Approve Demand Register Dated April 17, 2001 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 44789 - 447941 18,754.87 44795 - 448201 6,750.00 44821 - 44824} 3,472.62 44825 - 44832} 4,492.94 44833 - 448361 4,832.64 44837 - 44844} 3,339.78 PERS Transfer} 10,955.71 P/R 6664 - 67351 102,365.88 P/R Tax Transfers} 27,666.04 CITY DEMANDS $505,939.22 Payable Warrants: 44845 - 449811 364,125.58 RDA DEMANDS 40,816.84 $546,756.06 $546,756.06 FISCAL IMPLICATIONS: Demand of Cash -RDA Falconer, Director $40,816.84 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:36AM 04/10/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK NUMBER DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 44845 04/10/01 &01367 DELFINI 3.00 44846 04/10/01 &01368 DUNNS DESERT LANDSCAPE 50.00 44847 04/10/01 &01369 JOHN T GEIGER 50.00 44848 04/10/01 &01370 FRANCISCO MERCADO 35.00 44849 04/10/01 &01371 PETS ILLUSTRATED 3.00 44850 04/10/01 &01372 ANNE S REBONE 3.00 44851 04/10/01 &01373 PFF BANK & TRUST 100.00 44852 04/10/01 &01374 CESAR F SANDOVAL 100.00 44853 04/10/01 &01376 MARLYS ALLEN 50.00 44854 04/10/01 &01377 DANIEL BRESNAHAN 50.00 44855 04/10/01 &01378 ROSE ANN GALLO 25.00 44856 04/10/01 &01379 BOB KLINK 25.00 44857 04/10/01 &01380 LYNE SIMONS 50.00 44858 04/10/01 &01381 RAY STRAND 150.00 44859 04/10/01 &01382 MARLYS THIES 25.00 44860 04/10/01 ABE001 JACQUES ABELS 646.91 44861 04/10/01 ABL001 ABLE RIBBON TECH 281.33 44862 04/10/01 ACE010 ACE HARDWARE 312.64 44863 04/10/01 ACT100 ACT GIS INC 4000.00 44864 04/10/01 ALC050 BOB ALCALA 255.00 44865 04/10/01 AME004 AMERICAN PLANNING ASSOC 453.00 44866 04/10/01 AME175 AMERICAN FORENSIC NURSES 63.00 44867 04/10/01 AME200 AMERIPRIDE UNIFORM SVCS 116.54 44868 04/10/01 AND050 ANDY'S AUTO REPAIR 1287.61 44869 04/10/01 ANI050 ANIMAL CARE EQUIPMENT 839.86 44870 04/10/01 ARC100 ARCH 468.41 44871 04/10/01 ASCO01 A & S COFFEE SERVICE 328.00 44872 04/10/01 AUT030 AUTOMATED TELECOM 219.76 44873 04/10/01 AVA100 AVAYA INC 1239.80 44874 04/10/01 BAY100 BAY CITY ESTATES 1000.00 44875 04/10/01 BEI050 R BEIN, W FROST & ASSOC 6606.29 44876 04/10/01 BES130 BEST LUBE N TUNE 54.00 44877 04/10/01 BI0100 BIO TOX 82.70 44878 04/10/01 BOG100 SHARON BOGAN 106.40 44879 04/10/01 CAD010 CADET UNIFORM SUPPLY 524.26 44880 04/10/01 CAL057 STATE OF CAL OFFICE OF 1500.00 44881 04/10/01 CAP050 ROSMARY CAPUTO 245.00 44882 04/10/01 CDW050 CDW GOVERNMENT INC 114.07 44883 04/10/01 COL020 PAT COLE 420.00 44884 04/10/01 COM015 COMPUTER U LEARNING CENTR 487.50 44885 04/10/01 C00300 VALI COOPER & ASSOC INC 31500.43 44886 04/10/01 COS050 COSTCO BUSINESS DELIVERY 884.17 44887 04/10/01 DAN200 DANONE WATERS OF NORTH 261.70 44888 04/10/01 DES010 DESERT BUSINESS MACHINES 131.95 44889 04/10/01 DES018 DESERT ELECTRIC SUPPLY 401.86 44890 04/10/01 DES021 DESERT CREATIVE PARTY 476.00 44891 04/10/01 DES051 DESERT SANDS UNIFIED SCHL 30.00 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 10:36AM 04/10/01 PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 44892 04/10/01 DES060 DESERT SUN PUBLISHING CO 489.48 44893 04/10/01 DES065 DESERT TEMPS INC 2807.74 44894 04/10/01 DIE050 DIETERICH POST 90.21 44895 04/10/01 DLO100 DLO ENTERPRISES INC DBA 2387.20 44896 04/10/01 DOU010 DOUBLE PRINTS 1 HR PHOTO 11.75 44897 04/10/01 DOU200 LES DOUGLAS 595.00 44898 04/10/01 ECO010 E C SEWER SVC INC 300.00 44899 04/10/01 EIS010 EISENHOWER IMMEDIATE CARE 55.00 44900 04/10/01 EVA050 DAVID EVANS & ASSOC INC 4502.78 44901 04/10/01 EXP200 EXPRESS DETAIL 770.00 44902 04/10/01 FIR007 FIRST AID SELECT 60.95 44903 04/10/01 FIR015 FIRST AMERICAN REAL 140.74 44904 04/10/01 FLA050 FLANDERS PAINTING 50.00 44905 04/10/01 FRA010 MARNI FRANCISCO 46.00 44906 04/10/01 FRA030 FRANKLIN COVEY 26.45 44907 04/10/01 GAR040 GARZA TURF & POWER EQUIP 444.02 44908 04/10/01 HEG050 JIM HEGGE 162.10 44909 04/10/01 HER010 JERRY HERMAN 1181.57 44910 04/10/01 HOA010 HUGH HOARD INC 210.00 44911 04/10/01 HOM030 HOME DEPOT 124.75 44912 04/10/01 H00050 FAYE HOOPER 100.00 44913 04/10/01 HOR100 DODIE HORVITZ 56.94 44914 04/10/01 HOW100 JAYE D HOWARD 14.00 44915 04/10/01 INT014 INTERNATIONAL COUNCIL OF 50.00 44916 04/10/01 INT018 INTERNATIONAL PERSONNEL 230.75 44917 04/10/01 JAG050 JAGUAR COMPUTER SYS INC 187.60 44918 04/10/01 JAS100 JAS PACIFIC 16702.90 44919 04/10/01 JOB020 JOBS AVAILABLE INC 156.40 44920 04/10/01 JOH2O0 JOHNSON POWER SYSTEMS 936.22 44921 04/10/01 KEI010 KEITH COMPANIES 7200.00 44922 04/10/01 KIN100 KINER/GOODSELL ADVERTISNG 9594.32 44923 04/10/01 KIR050 RICHARD KIRKLAND 50.00 44924 04/10/01 KRI100 BRUCE KRIBBS CONSTRUCTION 1636.00 44925 04/10/01 LES020 JANELLE LESLIE 8.40 44926 04/10/01 LOS050 LOS ANGELES TIMES 54.00 44927 04/10/01 LUN050 LUNDEEN PACIFIC CORP 42426.24 44928 04/10/01 MCDO10 MC DOWELL AWARDS 215.89 44929 04/10/01 MEE100 WAYNE MEEDS 289.00 44930 04/10/01 MIL020 BOB MILBY 14.00 44931 04/10/01 MOM100 MOM'S GAS STATION 956.91 44932 04/10/01 MUN175 IRVING MUNOWITZ 262.50 44933 04/10/01 NAD100 JACK NADEL INC 236.77 44934 04/10/01 NAT050 NATIONAL TRUST HISTORIC 115.00 44935 04/10/01 NAV100 NAVARRETE STUDIO 1500.00 44936 04/10/01 NAW010 RON NAWROCKI 3900.00 44937 04/10/01 NIC101 NICKERSON & ASSOC INC 7192.50 44938 04/10/01 OFF005 OFFICE DEPOT INC 84.36 44939 04/10/01 OUT100 OUTDOOR SERVICES INC 100.00 44940 04/10/01 PAP050 PAPERDIRECT INC 111.89 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:36AM 04/10/01 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK NUMBER DATE VENDOR NO. NAME PAYMENT AMOUNT 44941 04/10/01 PENO10 JOHN PENA 105.84 44942 04/10/01 PIT020 PITNEY BOWES 220.38 44943 04/10/01 PIT100 NOEL PITTMAN 156.80 44944 04/10/01 POS050 POSITIVE PROMOTIONS 72.87 44945 04/10/01 PRE015 THE PRESS -ENTERPRISE CO 596.74 44946 04/10/01 PRI020 THE PRINTING PLACE 1331.20 44947 04/10/01 PSI050 PSI ENVIRON GEOTECH CONS 12190.00 44948 04/10/01 RAL050 RALPHS GROCERY CO 46.51 44949 04/10/01 RAS020 RASA - ERIC NELSON 450.00 44950 04/10/01 REL100 RELIANT FUND-RAISING 111.72 44951 04/10/01 RIV020 RIV CNTY AUDITOR-CONTROLR 1066.00 44952 04/10/01 RIV101 RIV COUNTY SHERIFF/INDIO 2245.05 44953 04/10/01 ROSO10 ROSENOW SPEVACEK GROUP 18803.65 44954 04/10/01 RUT050 RUTAN & TUCKER 108189.38 44955 04/10/01 SAX100 SAXON ENGINEERING SERVICE 420.00 44956 04/10/01 SEC050 SECURITY LINK/AMERITECH 453.36 44957 04/10/01 SHA010 SHADOW PALMS GARDENING 150.00 44958 04/10/01 SIM050 SIMPLEX TIME RECORDER CO 340.00 44959 04/10/01 SMA010 SMART & FINAL 286.89 44960 04/10/01 SMI150 MALCOLM SMITH MOTORSPORTS 189.02 44961 04/10/01 SOU004 SOUTH COAST AIR QUALITY 184.29 44962 04/10/01 SOU007 SOUTHWEST NETWORKS, INC 6129.13 44963 04/10/01 SPE010 STEVE SPEER 68.87 44964 04/10/01 STA045 STAN'S AUTO TECH 1390.74 44965 04/10/01 STA050 STAPLES 371.31 44966 04/10/01 SUN075 SUNLINE TRANSIT AGENCY 433.00 44967 04/10/01 TAR050 TARGET/DAYTON'S 531.54 44968 04/10/01 TER100 TERRA NOVA PLANNING & 3169.63 44969 04/10/01 TOPO10 TOPS'N BARRICADES INC 190.55 44970 04/10/01 TRI100 TRI STATE LAND SURVEYORS 28310.00 44971 04/10/01 TRU010 TRULY NOLEN INC 72.00 44972 04/10/01 TTI100 TTI NATIONAL INC 7.83 44973 04/10/01 UHA100 U-HAUL COMPANY 848.70 44974 04/10/01 USO100 US OFFICE PRODUCTS 1378.31 44975 04/10/01 UST050 U S TOY CO INC 96.95 44976 04/10/01 VAL005 VALLEY ANIMAL CLINIC 525.97 44977 04/10/01 VAN020 DENNIS VAN BUSKIRK 252.00 44978 04/10/01 VAN075 VANDORPE CHOU ASSOC INC 600.00 44979 04/10/01 VONO10 VON'S C/O SAFEWAY INC 19.96 44980 04/10/01 WOO100 DEBBIE WOODRUFF 365.40 44981 04/10/01 XERO10 XEROX CORPORATION 6858.47 CHECK TOTAL 364,125.58 M:• 4 x F+ o z O O n-I P o a r W C< s S U 1-o Q m N P F N 0 P E. 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X E F a E+ a H a a o > a ff a m w H m w H m w H m w H m w H m w H m w H m w H m w H a m 0 w ❑ H a o ❑ u > ¢ z H a o ❑ u ❑ a o ❑ x u a o O m w H a o ❑ El u m a o O a a E a a a a m z H u m a a a a a a a a a a a a a a .4 a a a z a w a z w m m w z w a F z w z z w a n. z w m F z w w H w w w H H m w w w o m m m m O m a O m a O m a ❑ m a m m a m m m m m a> m m a> m m F w >> E> w m> z H a> .7 a m> m m m> Z H O u O u O O u U V .❑ O > z H w 1 ❑ > Z£ M a w m O m m rn a 4 U P 0 E U In P r r E U N m Q E U m m r r E U m m I r E U m m m z U m m m m U m m m ✓t E V a �n r rn m Q ip o m m Q o �p m m m H X KC z a a m w m a O o w H a w m O O O O O O N O m O O 0 O O 0 O O 0 O O 0 r Q m r Q m O O O e P I(1 e e J1 N Ol Ifl r e ✓1 O O O N � O � Q O l0 Q P O O lD 1p m Z m O O m O H O O m O O m O m O m O ✓I O N O Ol O In O m O Ol O Ol O D\ O 01 O 0 F O Ul u1 Ifl Ifl In Ifl J1 J1 In � ul ul O If) O O I(1 N 111 N V a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U Z H U U U Z m m m m m m m m m m H Z H Z X U O H O O E V F V F U F U F U F U F U F U E U a a H m O Z O Z Z O O In a a w a m a >. a m m E+ a E z H ❑ d a a a O ❑ Z w m ❑ a w u H 0 o m m m ❑ w w u H w 0 0 m m m ❑ a w u H LL 0 0 m m m ❑ a w u H w 0 0 m m m ❑ a w U H w 0 0 m m D ❑ a w u H L. 0 0 m m ❑ 0 w w u � 0 0 m O m O a w u H LL 0 0 m m m ❑ a w u H [" o 0 m m U � O u O F m m U a I�� z a w a a > U a£ s "' z s w s s > X m � Z a > H z z O a ❑ O w O ❑ z > g w w m o m - z [r. ❑ O o a H m m 0 E- a a 0 U X o a X a� a a 0 U X 0 a X 4 a a a a 0 0 U U X X 0 0 a a x X z u u a 0 E H u > 0 O m m 0 O m O 0 O m m 0 O m m 0 O m m 0 O m m 0 O m m 0 O m m 0 O m m O F m m 111 a .> IP s > o Z > In Z > O z >0 O O 3 O a x O a x O O O a a x x 021 Z v F z 0 0 .r m v U iD O 4] F O m a N a r ri m F n o Z F I,] Z O £ 7 N O v a a N a a a Z a F O a O U F O m V C 0 O O > a w ❑ Z U L1 Z m a > ❑ o U � � u o a o m > > m r z Z £ ❑ o n �+ z r ❑ .a H a a m m m 0 o o F a N c.� o m m £ O Z o r F z ri O o U U a O .r m O z O O in r-i d F Q O Q a m F a a z o m t+ U a O N C x a K o a a o a a ❑ m n z x F z 0 > o > 0 o o E U F U H ❑ a U x 022 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:15AM 04/10/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 44837 04/10/01 ATT075 AT&T WIRELESS SERVICES 190.64 44838 04/10/01 CAL035 CAL PRESERVATION FOUNDATN 450.00 44839 04/10/01 COA080 COACHELLA VALLEY WATER 88.45 44840 04/10/01 COA082 COACHELLA VALLEY WATER 1000.00 44841 04/10/01 IMPO10 IMPERIAL IRRIGATION DIST 834.89 44842 04/10/01 SOU010 SOUTHERN CALIF GAS CO 273.02 44843 04/10/01 SPRO10 SPRINT 101.11 44844 04/10/01 VER200 VERIZON 401.67 CHECK TOTAL 3,339.78 023 a o ti E z 0 0 N e V LD u u LD u u u Ll LD u u u :' o W E- L) a w W W w w w W W w w w w w w d m E+ E+ F F+ E F+ F F+ E E E E-F E E 0 a+ o F Z F w z d ~ Q m O O S O E a F a Z F V U U m IF > > > F E Q z m m m m m a W ❑ £ w w w a LD u a a a a a a r z z z a w w Q a £ Q a a a a a Z C O O E a a F E a E U E F. a o x x x 0 O O o 0 > O O o O W H a a a F W w F F F m F F F F V F V U V U m a a a a a Z Z a >> a � a U a a > a > > > a 0 Ir Q a a O W w O m O F O o m m m m o❑ > a a a a❑ a a c ❑ �, ❑ a > o o z 0 0 0 o z w w z a a z m z F z m z W z w W W z u w w z w z 0 `o w w a a a> z z > F F> a> w > > o> o o> 0 ❑ w W w o o a s w a a x x x- m O U u L.)V 3 3 ❑ w O a a a a ❑ � ❑ a �n � �o 0 0 �c m m �o m r a Z H £ �-I ❑ D �D M M r O e m e e e H Z O N M M �p �D �fl o .ti �Il ✓l if` E Q Z a Q m w m a O O !u F a O O O O O 0 0 M O O O O O N Z M m m m m ri ri o N N M m M m F Z U Q 0 0 0 0 0 0 0 o O o 0 0 0 0 z z El E-1 a m m m ❑❑ a s a w w W z z W W w O U U O D F F F V rVi Ow OW M >>> 3 3 3 O m o a a a o o w E. vwi vwi m 4 [Na] LN] > > > > > z 4 V W E W w w w W Q Q Q a z a a a m m a s a 11 z m Q a Z Z Z Q m D 3 3 3 F O O O a Q O w d b a a Q a Q a .] ❑ E F F a a 0 0 O £ O m E G 2 W a a Q U V V V V > > > z O > N N ift �fl O O N O O O O O O D O i r r r m m m m O O O O O O O O O O O N N N V E+ E+ F E+ 4 4 Q Q Q a a a a U E F E+ a s 00 O £ O a u a a a u u u u u ., m m > > > 024 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:40AM 04/06/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 44833 04/06/01 &01375 BRIAN & DIANE DOAN 500.00 44834 04/06/01 SOU010 SOUTHERN CALIF GAS CO 1387.62 44835 04/06/01 SPRO10 SPRINT 755.77 44836 04/06/01 URB100 PETER URBON 2189.25 CHECK TOTAL 4,832.64 G25 ZQ H N M c a o F- z 0 0 x v U C� C7 O C7 O W H £ £ £ £ m d E F F F M M •• o N r �n H F o io r N z F W Z £ O O m ul W o r �n rn W in M r U H N Z a F H W m a a a a Q F Z EQ+ F F O £ O o O o W H F F H F U H F U H W U a a > a to a a o n > > > o o m o z N v' w m m z w a w wp a > cn > O > W > w FL >oIx I > m N N H p HJ 1p m H Z N c a Q m W m a � o o rL H a O O O M W O O O J1 'J M O1 N Ol Z l0 N M O W W F Z O n v m O N M H p U U H H Q o 0 0 0 H ti .y v O U M Z n p Q a p � o m � a F„ Q w H z a Q Q z U o a z z a m H „ p Q o El N a z s a a F �Zi 4a] Q, a w a o a FW W m N m a Z O > v O O O O H p p UH p Q U a N a 026 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 44825 04/05/01 AFF050 AFFAIRS TO REMEMBER 44826 04/05/01 ATT075 AT&T WIRELESS SERVICES 44827 04/05/01 BES101 BEST BUY 44828 04/05/01 GER050 GERALDINES COSTUMES 44829 04/05/01 PET005 CASH/PETTY CASH 44830 04/05/01 PROO10 PROTECTON SERVICE IND 44831 04/05/01 VER200 VERIZON 44832 04/05/01 WEL025 WELLS FARGO BANKCARD CHECK TOTAL 10:00AM 04/05/01 PAGE 1 PAYMENT AMOUNT 450.00 31.59 376.22 107.50 110.00 248.04 2923.30 246.29 4,492.94 027 Z F z r. 0 0 e £ C7 a V Q m C7 W E C7 W F C� W F C� W E C'J W F C7 W E. U W H U W F 0 W F C7 W F C7 w F m2a o Z F o P N o o v r N o P � Q N m N N , O O P �Il N N O ul O O e O O tl P N V Z p ✓] t+t r O W .y e N e Z a O U m > m W W o > Z Z O F a f m U H z 0 U W m F+ U Z m a FCC F O F o ❑ z W > N W Z O x CL a a o W V a Q F O F m o ❑ Z > W ❑ a m U a ❑ a w F £O V s Q El£ O F m o ❑ Z > W 7 F o V N Z z m a Q E.m O H m O ❑ Z w > z z + a [n 0 w S N V a Q E+ O F o ❑ Z W > > m £ m a Q a Q F O F a o ❑ z W > >>° m w Z 0 W m w z 0 (L £ o £ Z E Cal I-+ m a E. FEl a 0 Z W > cD I-+ F W £ a Q E 0 m 0 0 nZi Z E-H w W > £ V W D H O > ? ❑ H ❑ I ❑ Y > H m W = e m � N e r r N O P N r N rt � �O N O� r a Z a a m W m s I o o w F £ Z F O M N l0 e O to r'1 N N N Z O U O N O ifl O O i(t J1 ul p p Q O O o o O O o 0 0 0 0 w ❑ O a .W7 m~ Q a m F Z o Q W o z W (4 m N m F � a U N w W m ~ 3 w a N m m o U [mil z ❑ a a Q U N F F a \ vxi Z U > m w m z o E.a U w o a O N z >>> O N O N ❑ Y m O a w (n a a ❑ Y m O a W V1 s s Z U Q O IF+ U > a E. El a to LO m m C7 El m d > > > 3 3 I 028 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:25AM 03/30/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 44821 03/30/01 CMT058 CMTA 2001 CONFERENCE 44822 03/30/01 FRA075 MARY HOPE FRANCO 44823 03/30/01 MIL100 MARY K MILLER 44824 03/30/01 NEW200 NEW & RECYCLED PROMOTIONS CHECK TOTAL PAYMENT AMOUNT 320.00 2610.00 324.62 218.00 3,472.62 029 ZQ N e m x O E Z O O m x o£ 4 CW7 6 a m E E-F E+ E 0 N O O ry O E O O O O -+ Z F w Z O O e m >. O � i N Q O O N O O O m O O O P m O m m m F N E w K N E Q � a 7 a a a 7 a w Q Q Q z a of a of of w w >. a U F V U H a z x o o > x m 1. W m z a z .z. a w z OV > .. > cq > z > U ❑ w w W u o x O • w > > m 1r z ❑ x < a a m w m x o o w F x o 0 o N W o 0 o e Z m rn e o m N D E Z N O N O m O e U Q O O O O •y P '4 'y z z M w F Z £ m o W o a o a Z z x W o14 w H a r w a Z o £ m H � 0 O x N � � a w a o s H a a 3 a U U1 E El Z W E i Z Z 0 O o 0 UEl 3 nFi 0.' Q V U w £ Z OR ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:47PM 03/29/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 44795 03/29/01 ABE001 JACQUES ABELS 150.00 44796 03/29/01 BECO10 DEBORAH BECHARD 50.00 44797 03/29/01 BOB100 BILL BOBBITT 50.00 44798 03/29/01 BUT010 RICHARD BUTLER 150.00 44799 03/29/01 CUN100 DENNIS CUNNINGHAM 50.00 44800 03/29/01 DAV010 MIKE DAVIS 50.00 44801 03/29/01 DIA100 DENISE DIAMOND 50.00 44802 03/29/01 HEN010 MICHELLE HENSON 50.00 44803 03/29/01 IRWO10 JOSEPH IRWIN 50.00 44804 03/29/01 IRWO20 BARBARA IRWIN 50.00 44805 03/29/01 KIR010 TOM KIRK 150.00 44806 03/29/01 LEW010 TOM LEWIS 50.00 44807 03/29/01 MAH100 CYRILLE P MAHFOUD 50.00 44808 03/29/01 MIT150 MICHAEL MITCHELL 50.00 44809 03/29/01 MOU100 DONALD J MOULIN 50.00 44810 03/29/01 PUE050 MARIA L PUENTE 50.00 44811 03/29/01 REB050 JOAN REBICH 50.00 44812 03/29/01 REY050 ELAINE REYNOLDS 50.00 44813 03/29/01 REY055 FRANK R. REYNOLDS P.E. 50.00 44814 03/29/01 ROB150 STEVE ROBBINS 150.00 44815 03/29/01 ROU100 JOSEPH ROUNAGHI 5000.00 44816 03/29/01 SHA040 ROSITA SHAMIS 50.00 44817 03/29/01 SHA050 ARCHIE SHARP 50.00 44818 03/29/01 STJO10 VICTORIA ST JOHNS 50.00 44819 03/29/01 TYL050 ROBERT T TYLER 150.00 44820 03/29/01 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 6,750.00 031 a O N N N .y ry F Z 0 a N \ rl $ m O a W V a U F a m a N m F a N m F a N m F a N m F a N m F a N m F m N m F a N m F a N m F a N m F a N m F a N m F N •• r+ F Z F O O O O O O O O O O O O O O O O O O O O O O O O W Z o O o O O o o O O o O o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m Q 0 Z 0 o a F V ❑ F F F O m 0 .+ .� O m W W U F O > z H z 0 `-+ F a m U m W o z F £ £ £ 0 U OW. Z z Z a a m a a F+ 0 E+ O ❑ Z W > £ OU u > m > F Z D £ £ o u a a F 0 F m ❑ Z W > W Q o z a a \ F U W F .+ $ o m a a H o F m O ❑ Z W > z H £ £ £ 0 U U z. . z Z a a a a F o H m O ❑ Z W > W a V o z Q a \ F U W F .. S o a a a E+ o F m O ❑ Z W > £ O V > m >+ E+ .+ z D £ £ a Q F o F+ m O ❑ Z W > £ O m F+ m a a Q m ❑ F a a a F 0 F m O ❑ Z W > £ O 0 > m �. F+ .v Z O £ £ a a F. o FF m O O Z W > N o m > ❑ Q F Z W £ F m W > a a F 0 H m O ❑ Z W > m W m a .] Q U �+ m O F m a Q F o F m O m Z W > z F £ £ £ O V Ow Z .+ Z Z a o m a > a o F a O F F+ z W O £ ❑ F z m W W > > V .-� O W ❑ m W O N O N O N O N O N O N O N O N O N O N O N O N > Z ❑ Y Z £ z U U a £ U a £ V ¢ £ V a £ U a £ U a £ U a £ V a £ U a £ U a £ U a £ < Q Z m Q m W m m o o c.. H m W m O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O ❑ Z F a O N a O � a O N a O i(l a O N a O N a O ul m O ✓l a O � a O N a O J'1 a O N U O O N a O O O O O O O O O O O O m O O mCD W H .-7 Z m a s a F W o ❑ Cz.7 W a v a a h ❑ U m $ m W ❑ F m m0 m a m F m ❑ m m z .z+ z u z > > £ 0 z o z z m0 z W u £ z o z g a m x .. 0 0 F F z o O U P U Q u > O W m a o O U W m 0 m m O m 0 O F O m 0 z Z O U 0 O > � 0 r Q ❑ 0 O Z 2 0 O 3 a 0 O 3 � 0 0 O O m 3 W Y .7 032 O E. Z 'r O \ rn N \ N 2 m U rn rn rn rn rn rn m rn m rn rn � C7 a (mil l�1 t1 11 M 11 £� F F El E' F. F. El F E.F E- E F F N O O O O O O O O O O O C ti F Z F O O O O O O O O O O O C W Z O o O O O O O O O O O o a ¢ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z In 6 �n Z (� in C� �n �n �n ,n £ O o c� o �n Z 0 ✓l O O O O O Z Z W r+ m o z O Z m a a a > a a ¢ > E+ F £ ❑ w cFn ✓l F £ 4 > El £ £ w w w O 0 z Ir z 0 �-+ F a U to w ❑ a Q E 0 E o z w > o In ti > ❑ Q E. z W F N w > y a a F 0 F a o z w > a W V1 W a ¢. .l Q u a O F a Q H 0 E a o z w > o <n tr > ❑ 4 F z W £° E m w > a Q F 0 F a ❑ z w > a W to W a a .-] Q U a O F <n a Q F o F a o ❑ z w > £ O U U > m >. F Z ❑ £ £ O a Q F o F a o ❑ z w > £ O U to E a a a a a ❑ E+ a U a Q F o F s o ❑ z W > Q U to ❑ z Q 40 \ F u W E+ .+ x u Q a Q E E a o Cl z w > z F £ £ £ cc U c z I z z a a a a F+ F a o ❑ z w > O a Q 3 Q I--H z a a tD ¢ .. a' a a F+ o F m o 0 z w > £ O U cn F a Q a Q m o F a O a Q E- o F s O ❑ z w > a w fn W a a Q u a O F �n .r £ O U a Q U F > o m E. >. a E 0 O z o w £ > £ O V H O w ❑ • a W O N O N O N O N O N O N O N O N O N O N O N > 2 �+ ❑ M 1 p > Z i-+ £ ❑ z U a E V a E U a E U a E U a U a U a U a U a V a U a a z a Q CD W m a 1 0 F a W m £ o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Z E rn o Ifl m 0 rn 0 N m 0 N rn 0 Ifl rn 0 1f1 m 0 rn o 111 rn t0 o ifl 0 N 0 7 V l(1 O N O l(1 � O P O �fl O ✓1 a o "1 0 r4 0 rl 0 r4 0 rl 0 N 0 '-I 0 rl 0 P 0 r-1 0 N 0 r4 w a M O o N w a W W m Q a a V1 E Q Z O s Q a w a o ❑ Z W p ❑ o W x £ ° w a a a� U a a w x E a w s u .. £ z a E h ❑ a z o ❑ w E a a a a Q £ u m a z O "J ❑ a z a W a w o °z a a z rrtt a W m o a w > F to °a °x' w o h n vx F O a ¢ vz U Q y x ° vE Q w E .°, > Z ❑ U U a O M U > O O x Q £ O N H £ O O O O £ O � W O O N w O Ifl O w N N O w O i!1 .r m O O O .r O O O P O Q 2 O i(1 O Q x O ti O h F 033 rZ N r cY O N •• ti F Z 0 \ rn N \ f1 S n U rn rn O w F N N C7 Q f'1 fl a a RI F H N O O F p O Z E w Z o 0 r O + Q £ a Q 0 0 0 0 0 0 0 0 0 o H a z a F w £ �n a a w a z EQ^ E E 4 E w 0 0 0 0 a E. 0 U E-H Q W C u a U a o am H o o z u z z z O z w z w E w o > a > ti > w w .O. wo a o 0 o w > I > m S S z w H p a a z £ £ d Q 6 m a 1 0 F s o 0 w o 0 0] O O D O� rn Z O O u N E Z .+ p o O O v v U U Q o 0 ri 0 0 E. w a x Q w cD a � � r a w E F 3 a z m N E N F N a a s o m m °a N z a E w z O > o p O 0 o 0 U El a H U it a Q U H 3 034 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:15PM 03/28/O1 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 44789 03/28/01 BYRO10 RIV CO SHERIFF 256.80 44790 03/28/01 COA080 COACHELLA VALLEY WATER 138.92 44791 03/28/01 IMPO10 IMPERIAL IRRIGATION DIST 14171.05 44792 03/28/01 IMP015 IMPERIAL IRRIGATION DIST 505.00 44793 03/28/01 PAR125 RACHEL PARRISH 441.00 44794 03/28/01 VER200 VERIZON 3242.10 CHECK TOTAL 18,754.87 035 a o F z O m N \ x M O w U' V F Q rn m U £ w U £ w E. (7 £ w E U f w E C7 E W E U £ W F C7 £ W F u w W F 0 £ W F U' £ w F £ w F £ w F E W F E W F £ w F £ w E. £ w F rn 0 •• o P m � P P rn �n r H m o o m� io N m e F Z F m P P M rn m rn . if. . I. w £ a Z n a ul ri .ti r N �O H 1p m N o e e e M e m r o M w W x m Z O z O z a a w W U O > Z H Z O F a U to w ❑ a U 1 lJ ❑ a> s Ca-F 0 F O ❑ Z w >> U: a W F a a w F s a Ea+ O E. a O ❑ Z w > U >>>>>>>> u H a E U w a U N u H s E. U w a U N u H a F U w a U u H a F U w a U u H a F U W a U N u H a E. U W a U N u H a F U w a U y u H a F U w> a a H O E.El m o Z W O a W F> w a ElE o a p Z W a O F m a F �/l z a o F a z Z W > U > m w Z O x [al a �+ a F E to Z o [ail s H `Sa F F m Z o U >> W 0 0 x a F O F U a N 0❑ W Z z W 0> x V W "+ ❑ > Z H ❑ ❑ H r > Z H a m £ x r H t0 � H lD r � (n O a > [/) O a > m O a > m �n o e �n tG N �n i(1 O .y �n M P O �n lD l0 � �. V P 1p 01 �n r H �D m r r H �D m r r r H M P �n �O O O P �n 4 Z a a m w m a 0 o W F W £ o `n �fl .ti M �D �fl � N ✓� o �I1 m o 0 0 0 0 ❑ Z .-� N rn O m O r N r N r N m O m O m O m O r N rn O m O in M m O m O �n M in M E O O lO lD P P P �D lO lO lO M lO N H �p �p 'y H a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fl e P r-1 rl r-y P P e P rl P r-I .y e P rl rl E f-F F F F F F F F to N O N N v1 N N N a a H H M H H H H H w W ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ F E. M o Q 3 a 3 Z O H Z O H Z O H 0 H Z O H Z O H Z. O H Z. O H Z O H - O Q w ]4 W a W W s F a H F a H F Q H E a H F a H F a H F a H F a H F a H cn I m H Q ❑ r a Q a s F W a ❑o W H a O U > a a >> a w T u a 0 U s s s W x u s 0 V a a a a H a w a £ H a a a a H a W m N a a a a H a w a £ H a a a a H a w a £ H a a a a H a W a £ H a a a a H a W m £ H a a a a H a w a £ H a a a a H a W a £ H a a a a H a W a £ H H a w a W x z o H > z 0 H > z 0 H > z o H > z N H > z o O H U H Q V > o m 0 m O a U 0 m O s U 0 O o 0 O o 0 O a 0 O a 0 O a 0 O a 0 O a o O a n .+ O a n N .� o O N > 0 O N > 0 O N > 0 O N > 0 O N > 036 A/P - AP6002 CHECKS TO BE VOIDED 10:55AM 04/05/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 44677 DEF 03/23/01 44677 DEF 03/23/01 TOTAL VOIDED VENDOR VENDOR INVOICE AMT. PAID NUMBER NAME DESCRIPTION 450.00 IMP015 IMPERIAL IRRIGATION DIST ELECTRICAL SVC CONNECTION 505.00 IMP015 IMPERIAL IRRIGATION DIST ELECTRICAL SVC CONNECTION 955.00 037 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 44599 DEF 03/01/O1 248.04 PSI050 PSI ENVIRON GEOTECH CONS ALARM SVC TOTAL VOIDED 248.04 10:53AM 04/05/O1 PAGE 1 o, A/P - AP6002 CHECKS TO BE VOIDED 06:57AM 03/29/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 44138 DEF 01/19/01 44138 DEF 01/16/01 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 2778.12 VER200 VERIZON 330.28 VER200 VERIZON 3,108.40 INVOICE DESCRIPTION PHONE SVC PHONE SVC 039 A/P - AP6002 CHECKS TO BE VOIDED 09:02AM 03/29/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 38631 DEF 09/28/99 20.00 RIV089 RIVERSIDE COUNTY RECORDER LEIN RELEASES TOTAL VOIDED 20.00 040 A/P - AP6002 CHECKS TO BE VOIDED 09:OOAM 03/29/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 44251 DEF 02/09/01 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 441.00 PAR125 RACHEL PARRISH 441.00 INVOICE DESCRIPTION INSTRUCTOR 041 T4t�t 4 4 Q" April 17, 2001 COUNCIL/RDA MEETING DATE: ITEM TITLE: Transmittal of Treasurer's Report as of February 28, 2001 Receive and file. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated February 28, 2001 for the La Quinta Redevelopment Agency. I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. y su Johh M. Falconer/, Finance Director Approved for Submission by: I— Thomas P. Genovese, City Manager Attachment: Treasurer's Report, La Quinta Redevelopment Agency Twit 4 4 a" MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for February 28, 2001 DATE: March 28, 2001 Attached is the Treasurer's Report for the month ending February 28, 2001. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Dept. The following table summarizes the changes in investment types for the month: Investment (Cash (1) LAIF US Treasuries (2) US Gov't Agencie (Commercial Pape Mutual Funds (1) ,Total Beginning___ Purchased Sold/Matured Other $10,718,421 ($9,267,596) $3,746,551 5,000,000 0 $31, 368, 928 2,873 s (2) $17,818,981 51,78E r (2) $4,984,778 4,970,000 (5,000,000) (6,112 $3,067,025 1,857,933 $71y704 684 _$11 1827,933 �14,267,596� $48,54 Ending Change $1,450,825 ($9,267,596) 8,746,551 5,000,000 31,371,801 2,873 i 17,870,769 51,788 4,948,666 (36,112) l 4,924,958 1,857,933 9 _i$69,313,570 , ($2,391,114) I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and ins in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. 0 1 �� 0/ Yce one Da e ctor/Treasurer Footnote (1) The amount reported in the other column represents the net increase (decrease) of deposits and withdrawals from the previous month. 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OI O m 0 L E ld m L m N 0 W L C oo`��n�l�l wU�o:�Uor- z U_ w z 0 C 54 LLI ✓11 m OI N iNj t � U Z OOC1 Z mi yy O j � C C � 01 0 6 �w CITY OF LA QUINTA BALANCE SHEET 02/28101 ASSETS CITY CITY FIXED LONG TERM CITY ASSETS DEBT RDA RDA RDA FA FIXED LONG TERM FINANCING LONG TERM ASSETS DEBT AUTHORITY DEBT (19, 245 95) POOLED CASH (3,290,140. 08) 12,432,093.22 LQRP INVESTMENT IN POOLED CASH 805,000.00 INVESTMENT T-BILLMOTES & OTHER 46,950,000.00 AUTO MALL CASH 2O4,614.81 LQRP CASH 71, 054.59 BOND REDEMPTION CASH 1,987,297.68 BOND RESERVE CASH BOND PROJECT CASH 9, 721, 113.31 BOND ESCROW CASH PETTY CASH 1,000.00 CASH & INVESTMENT TOTAL 43,865,474.73 - 25,016,558.60 INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE 45.123.90 60,900.00 PREMIUMIDISCOUNT ON INVESTMENT (167,631.64) (2,168.16) LQRP-ACCOUNTS RECEIVABLE 79, 554.78 INTEREST RECEIVABLE LOANINOTES RECEIVABLE 2,678,631.60 DUE FROM OTHER AGENCIES 15,000,00 DUE FROM OTHER AGENCIES - CVAG 2,299,096.69 CVAG ALLOWANCE (2,299,096.69) DUE FROM OTHER GOVERNMENTS DUE FROM OTHER FUNDS 881,511.48 551,038.04 DUE FROM RDA 8,497,550.20 INTEREST ADVANCE -DUE FROM RDA 2,541, 027. 70 ADVANCES TO OTHER FUNDS NSF CHECKS RECEIVABLE 2,659,86 ACCRUED REVENUE 833.40 TRAVEL ADVANCES 4,153.50 EMPLOYEE ADVANCES PREPAID EXPENSES RECEIVABLE TOTAL 11,819 395 00 3,366,799. 66 WORKER COMPENSATION DEPOSIT RENT DEPOSITS UTILITY DEPOSITS 141785 619, 128 18 601 300 OB - 8,010,000. 00 26 51 - - - 5010026 51 GRAND TOTAL 9 122.707 19 805 00000 46 950. 00000 204 614 81 71 054 59 1 988 715 53 10 340241 49 1 000 DO 69 483 333 61 8 116.0'3 90 (169 763 29) 79 554 78 1 678 631 60 15 000 00 299 096 69 (2 299 096 69 ) 1 432 549 5' 8 497 550 20 541 027 . V 2 659 86 53340 4 153 50 23 198221 17 MISC. DEPOSITS 2 100.00 75 00 DEPOSITS TOTAL 2,175.00 - 100 00 211500 GENERAL FIXED ASSETS 1,386,331.67 15,590,699.00 9,988,279. 05 26 965 309 72 ACCUMULATED DEPRECIATION (812,743,27) AMOUNT AVAILABLE TO RETIRE LIT DEBT 3, 395,117 03 (812 743 27) 3.395 117 03 AMOUNT TO BE PROVIDED FOR L7T DEBT — I,645,647.34 _-,647.34 95, 220, 788. 92 8, 010 000 00 104 876 436.26 TOTAL OTHER ASSETS 573,588.40 15,590,699.00 _._ 1.645 9,988.279 05 98,615,905 95 8 010 000 00 134 424. 119 74 TOTAL ASSETS 56 260 633 13 15.590 699.00 1.645 647 34 28 385 358.46_ 9 988 279. 05 98,615 905.95 8,611,326 59 8,010,000 00 227 107 84J +] LIABILITIES: ACCOUNTS PAYABLE 7,660.84 DUE TO OTHER AGENCIES 920,390.86 7 660 Bi DUE TO OTHER FUNDS 114,341.55 1,318,207.97 920.390 86 1 432549 52 INTEREST ADVANCE -DUE TO CITY ACCRUED EXPENSES 6.029 10 PAYROLL LIABILITIES (326.92) 6 029 10 STRONG MOTION INSTRUMENTS 4,804.95 (326 92) FRINGE TOED LIZARD FEES 29,661.50 4 804 9� SUSPENSE 3,688.39 29 66150 DUE TO THE CITY OF LA QUINTA 3 688 39 PAVABLES TOTAL 1,086,250.27 1,318,207.97 - 2 404458 24 ENGINEERING TRUST DEPOSITS SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 431, 363.19 LQRP DEPOSITS 15,171.00 431 363 19 DEVELOPER DEPOSITS 973,763.27 15 17100 973 763 27 MISC. DEPOSITS 448,663,41 AGENCY FUND DEPOSITS 1,64447072 448 663 41 1644.47072 TOTAL DEPOSITS 1498.26059 15.17100 351343159 DEFERRED REVENUE 8, 270.67 8,010.00000 8 018 27067 OTHER LIABILITIES TOTAL 8, 270.67 8,010.000 00 8 018 '70 67 COMPENSATED ABSENCES PAYABLE 321.991.94 321 991 94 DUE TO THE CITY OF LA QUINTA 1,323,655. 40 11,038, 581. 70 12 362, 237 10 DUE TO COUNTY OF RIVERSIDE 12,249, 102,00 12.249 102 00 DUE TO C.V. UNIFIED SCHOOL DIST. 9,418,222.25 9,418. 222 25 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE 65,910,000.00 8,010,000 00 73 920.000 00 TOTAL LONG TERM DEBT 1,645,647.34 98,615,905 95 . 3.010_,000 00 tOb.271 ,.5 53 _g TOTAL LIABILITIES 4,592, 781.53 1,64664734 1,333,378.97 98,615,90595 801000000 8, 010.00000 122 207 713 79 EQUITY -FUND BALANCE 51,667,851.60 15,590,699.00 27,051,979.49 9,988,279.05 601 326 59 104 900 135 73 TOTAL LIABILITY& EQUITY 56260,633, 13_ 15590699. 00 1 645,647 34 2838535846 9988279 y5. 8_81132859 801000000 2_7 iJ;,J49+_ 0 001 CASH &INVESTMENT TOTAL 68,483,333.61 PREMIUMIDISCOUNT ON INVESTMENT (169,763,291 TOTAL 69,313,570.32 itits T4t!t 4 4 a" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 17, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Revenue and Expenditure Report for February 28, 2001 and Investment Summary Report PUBLIC HEARING: for the Quarter Ending March 31, 2001 Receive and File Transmittal of the Statement of Revenue and Expenditures for February 28, 2001 and Investment Summary Report for the Quarter ending March 31, 2001 for the La Quinta Redevelopment Agency. speggfully su hn M. Falbo*r, Finance Director Approv d for submission b Thomas P. Genovese City Manager Attachments: Revenue and Expenditures for February 28, 2001 and Investment Summary Report dated March 31, 2001 LA QUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO. 1: DEBT SERVICE FUND: Tax Increment Allocated Interest Non Allocated Interest Interest Advance Proceeds Transfers In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: Pooled Cash Allocated Interest Non Allocated Interest Litigation Settlement Revenue Loan Proceeds Transfers In TOTAL CAPITAL IMPROVEMENT LOW/MODERATE TAX FUND: Tax Increment Allocated Interest Non Allocated Interest Miscellaneous revenue Non Allocated Interest LQRP-Rent Revenue Home Sales Proceeds Sale of Land Sewer Subsidy Reimbursements Rehabilitation Loan repayments Transfer In TOTAL LOW/MOD TAX LOW/MODERATE BOND FUND: Allocated Interest Home Sale Proceeds Non Allocated Interest Transfer In TOTAL LOW/MOD BOND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 13,946,901.00 7,384,383.52 6,562,517.48 52.9% 0.00 53,065.72 (53,065.72) 0.0% 0.00 191,112.40 (191,112.40) 0.0% 394,500.00 270,389.36 124,110.64 68.5% 1,739,031.00 1,120,480.11 618,550.89 64.4% 16,080,432.00 9,019,431.11 7,061,000.89 56.1% 0.00 14,661.10 (14,661.10) 0.0% 290,400.00 14,746.61 275,653.39 5.1% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 3,888,672.63 0.00 3,888,672.63 0.0% 4,179,072.63 29,407.71 4,149,664.92 0.7% 3,486,725.00 1,846,095.88 1,640,629.12 52.9% 200,000.00 23,090.32 176,909.68 11.5% 112,880.00 0.00 112,880.00 0.0% 0.00 454.60 (454.60) 0.0% 0.00 5,494.31 (5,494.31) 0.0% 341,000.00 259,475.00 81,525.00 76.1 % 150,000.00 172,210.11 (22,210.11) 114.8% 0.00 19,343.00 (19,343.00) 0.0% 0.00 26,005.44 (26,005.44) 0.0% 0.00 26,891.91 (26,891.91) 0.0% 0.00 0.00 0.00 0.0% 4,290,605.00 2,379,060.57 1911544.43 55.4% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 175,522.65 (175,522.65) 0.0% 0.00 0.00 0.00 0.0% 0.00 175,522.65 (175 522.65) 0.0% LA OUINTA REDEVELOPMENT AGENCY 07/01/2000 - 2/28/2001 REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED PROJECT AREA NO 1• DEBT SERVICE FUND: SERVICES 236,280,00 237,346.18 0.00 (1.066.18) 100.5% BOND PRINCIPAL 1,419,469.00 1,420,166.00 0.00 (697.00) 100.0% BOND INTEREST 3,278,362.00 1,657,798.56 0.00 1,620,563,44 50.6% INTEREST CITY ADVANCE 405,584.00 270,389,36 0.00 135.194.64 663% INTEREST - ERAF LOAN 0.00 0.00 0,00 0.00 0.0% PASS THROUGH PAYMENTS 8,544,213.00 4,663,993.02 0.00 3.880,219,98 54.6% TRANSFERS OUT 3,888,672.00 0.00 0.00 3,888,672.00 0.0% TOTAL DEBT SERVICE _ 1.7 772,580.00 8 249 693.12 0,00 9,522,886.88 46 4% CAPITAL IMPROVEMENT FUND: PERSONNEL 9,950,00 4,240.63 0,00 5,709.37 42.6% SERVICES 170,859.00 62,419.14 0.00 108,439.86 36.5% LAND ACQUISITION 0,00 0.00 0.00 0,00 0.0% ASSESSMENT DISTRICT 76,569.54 0.00 0.00 76,569.54 0.0% ECONOMIC DEVELOPMENT 190,000.00 27,684.08 0.00 162,315.92 14.6% CAPITAL - BUILDING 0.00 0,00 0.00 0,00 0.0% REIMBURSEMENT TO GEN FUND 597,613,00 398.408.72 0.00 199,204.28 66.7% TRANSFERS OUT 5,023,815.00 1,456,569,09 0.00 3,567,245.91 29.0% TOTAL CAPITAL IMPROVEMENT 6,068,806.54 1,949 321.66 0.00 4,119,484.88 32.1% LOW/MODERATE TAX FUND: PERSONNEL 9,950.00 4,240.63 0.00 5,709.37 42.6 % SERVICES 229,372.00 158,462.06 000 70,90994 691% ASSESSMENT SUBSIDY PROGRAM 542,000 177,743.07 0,00 364,256.93 32.8% UNDERGROUND UTILITY SUBSIDY 100,000 28,439.73 0.00 71,560.27 28.4 % BUILDING HORIZONS 210,000 172,700.00 0,00 37,300,00 82.2% LQ RENTAL PROGRAM 280,000 239,219.77 0.00 40,780.23 85.4% LQ HOUSING PROGRAM 7,093,800 1,499,522. 34 0.00 5,594.277.66 21.1 % REIMBURSEMENT TO GEN FUND 260,258,00 173,505.28 0.00 86,752,72 66.7% TRANSFERS OUT 1,739,031,00 1,120,480,11 0.00 618,550.89 64.4°/ TOTAL LOW/MOD TAX 10,464.411.00 3,574,312.99 0.00 6,890.098,01 34.2% LOW/MODERATE BOND FUND PERSONNEL 0.00 0.00 0,00 0.00 0.0% SERVICES 0,00 0.00 0.00 0.00 0.0% REIMBURSEMENT TO GEN FUND 0,00 0.00 0,00 0.00 0.0% HOUSING PROJECTS 0.00 0,00 0.00 0,00 0.0% TRANSFERS OUT 1,784,724.23 1,078,650.42 0.00 706,073.81 60.4% TOTAL LOW/MOD BOND 1,784,724,23 1,078 650,42 0.00 706 073.81 60.4% LA QUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO. 2: DEBT SERVICE FUND: Tax Increment Allocated Interest Non Allocated Interest Interest Advance Proceeds Transfer in TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: Allocated Interest Non Allocated Interest Developer Agreement Transfers In Proceeds from City Loan TOTAL CAPITAL IMPROVEMENT LOW/MODERATE TAX FUND: Tax Increment Developer funding Allocated Interest Non Allocated Interest Sale of Land Transfer in TOTAL LOW/MOD TAX LOW/MODERATE BOND FUND: Allocated Interest Non Allocated Interest Transfer in TOTAL LOW/MOD BOND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 5,641,374.00 3,037,106.05 2,604,267.95 53.8% 0.00 17,403.88 (17,403.88) 0.0% 0.00 1,360.21 (1,360.21) 0.0% 479,283.00 419,522.00 59,761.00 87.5% 338,760.00 207,995.50 130,764.50 61.4% 6,459,417.00 3,683,387.64 2,776,029.36 57.0% 7,263.00 54,017.87 (46,754.87) 743.7% 31,226.00 24,821.64 6,404.36 79.5% 0.00 5,000.00 (5,000.00) 0.0% 1,230,180.00 0.00 1,230,180.00 0.0% 0.00 0.00 0.00 0.0% 1,268,669.00 83,839.51 1,184,829.49 6.6% 1,410,644.00 759,276.50 651,367.50 53.8% 0.00 0.00 0.00 0.0% 60,800.00 54,482.20 6,317.80 89.6% 0.00 0.00 0.00 0.0% 0.00 1.00 (1.00) 0.0% 0.00 0.00 0.00 0.0% 1,471,444.00 813,759.70 657,684.30 55.3% 0.00 0.00 0.00 0.0% 0.00 49,049.72 (49,049.72) 0.0% 0.00 0.00 0.00 0.0% 0.00 49 049.72 (49 049.72) 0.0% 4_a1iL) LA OUINTA REDEVELOPMENT AGENCY 07/01/2000 - 2/28/2001 REMAINING % EXPENDITURE SUMMARY PROJECT NO. 2: BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED AREA DEBT SERVICE FUND: SERVICES 88,770.00 98,580.02 0.00 (9,810.02) 11t 1% BOND PRINCIPAL 155,531.00 154,834,00 0.00 697.00 99.6% BOND INTEREST 432,732.75 300,659.55 0.00 132,073.20 69.5°% INTEREST CITY ADVANCE 479,283.00 419,522.00 0,00 59,761.00 87.5°% INTEREST - ERAF LOAN 0.00 0.00 0.00 0.00 0.0 % PASS THROUGH PAYMENTS 4,716.188.00 2,358,011,13 0.00 2,358,176.87 50.0% TRANSFERS OUT 1,230,180.00 0.00 0.00 1,230,180.00 0.0% TOTAL DEBT SERVICE 7,102 684.75 3 331 606.70 0.00 3,771,078.05 46.9% CAPITAL IMPROVEMENT FUND: PERSONNEL 6.000.00 2,566.20 0.00 3,433,80 42.8% SERVICES 98,626.00 41,897,42 0.00 56,728.58 42,5% ECONOMIC DEVELOPMENT ACTIVITY 118,000.00 3.500,00 0.00 114,500.00 3.0% REIMBURSEMENT TO GEN FUND 175,184,00 116,759.28 0,00 58,424.72 66.6% TRANSFERS OUT 2,799,926.00 1,086,506.33 0,00 1,713,419.67 38.8% TOTAL CAPITAL IMPROVEMENT 3,197,736.00 1,251 229.23 0.00 1 946 506.77 39.1% LOW/MODERATE TAX FUND: PERSONNEL 6,000.00 2,566.21 0.00 3,433,79 42.8% SERVICES 492,473.00 127,393.55 0.00 365,079A5 25.9% LO HOUSING PROGRAM 1,483,000.00 27,897,38 0.00 1,455.102.62 1.9% UNDERGROUND UTILITY ASSESSMENT 250,000.00 19,912.56 0,00 230,087.44 8.0% ASSESSMENT SUBSIDY PROGRAM 200,000.00 30,966,13 0.00 169,033.87 15.5%b REIMBURSEMENT TO GEN FUND 366,179,00 244,119.28 0,00 122,059.72 66.7% TRANSFERS OUT 1,941,399.00 324,476.90 0.00 1,616,922A0 16.7% TOTAL LOW/MOD TAX 4,739,051.00 777 332.01 0.00 3,961,718.99 16.4% LOW/MODERATE BOND FUND PERSONNEL 0,00 0.00 0.00 0,00 0.0% SERVICES 0.00 0.00 0.00 0,00 0.0% REIMBURSEMENT TO GEN FUND 0,00 0.00 0.00 0.00 0.0% TRANSFERS OUT 2,522,731.00 0.00 0,00 2,522,731.00 0.0% TOTAL LOW/MOD BOND 2,522,731.00 0.00 0.00 2,522.731.00 0.0% 41i;ri City of La Quinta Quarterly Investment Summary March 31, 2001 Redevelopment Agency U.S. Treasury U.S. Treasury U.S. Bank - 1994 Dbt Svc U.S. Bank - 1995 CIP U.S. Bank - 1995 Dbt Svc U.S. Bank - 1998 RDA 1 Dbt Svc U.S. Bank - 1998 RDA 2 Dot Svc U.S. Bank - 1998 RDA 1 CIP Investment Treasury Note Treasury Note Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Plus % Attributable to RDA from City Pooled Investments Total RDA Investments Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account , Housing Program account or petty cash account Market value is based upon most current information available. Maturity Date Par Value Market Value Amortized Cost 30-Apr-01 3,949,000 3,950,224 3,949,104 30-Apr-01 2,969,000 2,969,000 2,969,000 Next Day 1,762 1,762 1,762 Next Day 1.190,710 1,190,710 1,190,710 Next Day 2.651 2,651 2,651 Next Day 471,864 471,864 471,864 Next Day 68,674 1,662 1,662 Next Day 1,408,116 1408,116 1408,116 Next Day 1,662 1,662 1,662 15,044,566 $25 04 0098 aj}7 Titit 4 4 Q" COUNCIL/RDA MEETING DATE: April 17, 2001 ITEM TITLE: Approval of an Ap propriation of RDA Project Area No. 2 Funds Toward the Bikeway Improvements on Calle Tampico, Park Avenue and Avenue 50 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Appropriate funds in the amount of $145,547 from RDA Project Area No. 2 Funds toward the Bikeway Improvements, contingent upon approval of Contract Amendment No. 1 by the City Council. The following represents the projects proposed funding and funding sources: Funding Source Available BLA Account Grant $30,600 RDA Project Area No. 2 $145,547 $176,147 Considering approval of the funding sources presented above, the following represents the recommended project budget: Design $8,000.00 Inspection/Testing/Survey $10,457.08 Construction $134, 930.00 Contingency $16,013.36 City Administration $6,746.50 TOTAL ANTICIPATED COSTS: $176,146.93 T:\PWDEPT\C0UNC1L\2001 \010417dRDA. W pd Adequate funds are available within RDA Project Area No. 2 to support the recommendation. The project is partially funded with RDA Project Area Funds. The project is required to be bid using prevailing wage specifications; therefore, there are no Charter City implications. BACKGROUND AND OVERVIEW: The proposed improvements will install on and off street bike lanes along three City Streets. Calle Tampico and Park Avenue, from Calle Rondo to Avenue 50, will be designed for a Class II bike lane (on -street), Avenue 50, from the low water crossing to Park Avenue will be designed with a Class III bike lane (off-street) on the north side and a Class II bike lane (on -street) along the south side. Construction of the Class III bike lane on the north side of Avenue 50 will not affect on street parking on the north side of Avenue 50 adjacent to the Sports Complex and Schools. Construction of the Class II bike lane on the south side of Avenue 50 will prohibit on street parking on the south side of Avenue 50. The City Council adopted, under Resolution 97-16 on March 1, 1997, the La Quinta Bicycle Transportation Plan. The City Council approved an application for the FY 2000-2001 Bicycle Lane Account (BLA) Grant under Resolution 99-1 59 on December 21, 1999. The approved grant provides for $30,600 of BLA funds, with a mandatory 10% match from the City of $3,400.00. On December 5, 2000, the City Council approved a Professional Services Agreement (PSA) with The Keith Companies to prepare plans, specifications and estimates (PS&E) for the Citywide Street and Sidewalk Improvements, Project No. 2000-04. The work associated with the proposed on and off street bike lane improvements is similar in scope and character as those within the Citywide Street and Sidewalk Improvements. Subsequently, staff is recommending an amendment be approved which incorporates the design of the proposed bike lanes along with the Citywide Street and Sidewalk Improvements design contract. This action should result in a cost savings in both the design and construction phases due to economies of scale. Considering City Council approval of the proposed amendment to the Professional Services Agreement with TKC (Attachment 1), the following is the estimated schedule: Project Design April 17, 2001 Approval of PS&E/Authorization to May 15, 2001 Receive Bids T:\PWDEPT\COUNCIL\2001\010417d RDA.wpd U u 42 Bid Period Approval to Award Construction Construction Period Accept Improvements FINDINGS AND ALTERNATIVES May 16, 2001 - June 15, 2001 July 2001 July - August 2001 September 2001 The alternatives available to the Redevelopment Agency Board include: Appropriate funds in the amount of $145,547 from RDA Project Area No. 2 Funds toward the Bikeway Improvements, contingent upon approval of Contract Amendment No. 1 by the City Council; or 2. Do not appropriate funds in the amount of $145,547 from RDA Project Area No. 2 Funds toward the Bikeway Improvements, contingent upon approval of Contract Amendment No. 1 by the City Council; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Attachments Approved for submission by: Thomas P. Genovese, Executive Director Redevelopment Agency Professional Services Agreement Amendment 1 rl TAPWDEPT\COUNCIL\2001\010417dRDA.wpd 0 04 F V a by GSM OF T1'9 PROFESSIONAL SERVICES AGREEMENT: Sheet 1 of 4 PROJECT NO. 2000-04 CITYWIDE STREET AND SIDEWALK IMPROVEMENTS DESIGN SERVICES CONSULTANT: The Keith Companies Palm Desert Division 41-865 Boardwalk, Suite 101 Palm Desert, CA 92211-9031 CONTRACT AMENDMENT NO. I ****************************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. ****************************************************************************************** DESCRIPTION OF CHANGE The Keith Companies shall provide project plans, specifications and estimates (PS&E) for the on and off street bike lanes along Calle Tampico, Park Avenue, and Avenue 50. The consultants proposal, dated March 1, 2001, is attached and made apart hereof. Previous Contract Amt. Through Contract Amendment No. -0- $ 29,046.00 Add this Amendment $ 8,000.00 Revised Contract Total $ 379046.00 By reason of this contract change order the time of completion is adjusted as follows: -30- additional days contract time. ****************************************************************************************** Submitted By: Approved We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted By: Consultant: Title: UOD T:Vx=EPT\PROJ ECTS\2000Prjcts\2000-04 Str"t\TKCAM D 1.wpd The Keith Companies 111111CC March 1, 2001 Mr. Nick Nickerson, Project Administrator City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 SUBJECT: PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF BIKEWAYS IN TWO AREAS Addendum No. 1 to Project No. 40748 Dear Mr. Nickerson: The Keith Companies, Inc. (TKC) is pleased to pleased to submit our proposal to provide engineering services to design bikeways in two areas within the City of La Quinta. Our proposed scope, schedule and fee are included herein. SCOPE OF WORK As we understand it, our work objective is to provide project plans, specifications and estimates (PS&E) to construct on and off street bike lanes in two areas of the City. Area 1, which includes Calle Tampico/Park Avenue from Calle Rondo to Avenue 50, will be designed for a "Class II" Bikeway, (on -street Bike Lane). Area 2, which includes Avenue 50 from the low water crossing to Park Avenue, will be designed with a "Class III" Bikeway, (off-street Bike Route), along the north side of Avenue 50 and a "Class II" bike lane along the south side. Work tasks we propose to complete the PS&E for the bike lanes include the following: Task 1 — Pre -Design Meeting and Record Data Collection — TKC will meet with City Staff to review the proposed bike lane design and finalize the design parameters. "As -built" record drawings and relevant information, as available from the City, will be collected at this time. Task 2 - Field Review/Design Survey — TKC will walk the entire project areas to verify and augment the record information provided by the City. Digital photos of existing conditions will be taken as well. The record data and the information gather during the field review will be used to develop project base sheets. Design survey along the north side of Avenue 50 will be necessary to design the proposed Class III bikeway in Area 2. Palm Desert Division 41-865 Boardwalk Suite 101 Palm Desert California 92211-9031 V 1760.346.9844 F: 760.346.9368 www.keithco.com 11KC Page Two City of La Quinta March 1, 2001 Task 3 — Bikeway Improvement Plan Preparation — Bikeway improvement plans will be prepared for the two project areas. The improvement plans will be designed per the guidelines set forth in the Caltrans' Highway Design Manual, the Caltrans' Traffic Manual, and City of La Quinta standards. Proposed improvements with each project area are discussed below: Area 1 Improvement Plans Area 1 Improvement Plans will be designed to provide a Class II Bikeway (Bike Lane) along Calle Tampico and Park Avenue from Calle Rondo to Avenue 50. The improvement plans will detail the removal of existing conflicting roadway striping & signing and the installation of traffic lines, pavement markings and appropriate signing. The improvement plans will be prepared in dual tier plan format at a scale of 1 "=40'. We estimate two plan sheets will be needed to cover the approximately 4,150 feet of roadway in Area 1. Area 2 Improvement Plans Area 2 Improvement Plans will be designed to provide a Class III Bikeway (Bike Route) along the north side and a Class II Bikeway (Bike Lane) along the south side of Avenue 50 between the low water crossing and Park Avenue. The north side improvements will require the removal of the existing 6 foot wide sidewalk and the installation of an 8 foot wide sidewalk/bikeway section. The sidewalk improvement plans will detail the removal and reconstruction of the sidewalk as well as identify any existing above ground utilities (fire hydrants) and landscaping (trees) requiring relocation. We estimate 2 plans sheets, at a scale of 1 "=40', will be required for the sidewalk improvements. One additional plan sheet, in dual tier format at a scale of 1"=40', will be necessary for the roadway signing and striping improvements associate with both the north and south side bikeway improvements. Task 4 — Specifications and Estimates — TKC will prepare project specific Special Provisions for inclusion into the City's Specification and Bid Package for the project. Additionally, quantity and cost estimates will be prepared for the project. SCHEDULE TKC is prepared to begin work on this project immediately and we estimate that preliminary PS&E can be submitted within three weeks following your notice to proceed. Final PS&E can be completed within two weeks following receipt of City review comments. 07 Page Three City of La Quinta March 1, 2001 PROJECT FEE A breakdown, by task and by area, of our proposed fixed fee to complete the bikeway PS&E, as described herein, is presented below. Proiect Fixed Fee Breakdown Task Area 1 Area 2 Total Project Pre -Design Meeting $ 300 $ -0- $ 300 Field Review/Survey $ 400 $1,500 $1,900 Base Sheet Preparation $ 500 $ 700 $1,200 Sign/Striping Plans $1,000 $ 700 $1,700 Sidewalk Improvement Plans $ -0- $1,500 $1,500 Specifications & Estimates $ 200 $ 300 $ 500 Project Management $ 400 $ 500 $ 900 TOTALS $2,800 $5,200 $89000 The Keith Companies, Inc. sincerely appreciate this opportunity to provide these engineering design services to the City of La Quinta. Please don't hesitate to contact Mr. Kris Schulze or myself at (760) 323-5344 if you have any questions or require additional information. Respectfully submitted, Mark S. Diercks, P.E. Project Engineer T4ht 4 lwQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 17, 2001 CONSENT CALENDAR: 1193101[t"m� STUDY SESSION: Consideration of an Option Agreement by and Between the Redevelopment Agency and Southern PUBLIC HEARING: California Presbyterian Homes Regarding the Purchase of Ten Acres of Agency -Owned Property Located at the Southwest Corner of Avenue 47 and Adams Street and Authorization for the Executive Director to Execute the Appropriate Documents RECOMMENDATION: Approve the Option Agreement and authorize the Executive Director to execute the necessary documents. FISCAL IMPLICATIONS: The Option Agreement will result in the expenditure of up to $25,000 of staff, consultant and legal counsel costs to negotiate and structure a Disposition and Development Agreement. These costs will be incurred if Southern California Presbyterian Housing (SCPH) is successful in obtaining a HUD Section 202 Grant. If SCPH exercises the Option Agreement, and a Disposition and Development Agreement is successfully negotiated, the Agency may need to fund up to $1,000,000 of housing assistance. This revenue would be derived from the Agency's Low and Moderate Income Housing Fund. BACKGROUND AND OVERVIEW: SCPH is a 501 c (3) non-profit corporation that specializes in building and operating affordable senior housing complexes. They are looking for a site in La Quinta upon which SCPH would develop and operate an 80-unit rental complex; the units would be affordable to very low-income senior households. SCPH is seeking Agency assistance to locate a site, to fund a portion of land and development costs, and to support their efforts to secure HUD 202 Grant funds. The HUD 202 Grant would fund 90 to 95 percent of land and development costs, and on -going operating subsidies. Discussions with SCPH indicate that the Agency's 10-acre parcel, located southwest of Avenue 47 and Adams Street, would be an ideal location for this proposal. SCPH desires to option ten acres of this site for the proposed 80-unit single story residential complex. Prior to structuring a development proposal and finalizing the development G:\WPDOCS\ccjhSCPH.wpd economics, SCPH must first secure a HUD 202 Grant funding commitment. This Grant would fund SCPH's share of land, development and operating costs. Grant applications are due by May 25, 2001, with funding occurring by November 2001. Prior to applying for the HUD 202 Grant, SCPH must secure a site. The Option Agreement (Attachment 1) allows SCPH to secure the 10-acre site for this proposal. The option period would run until May 31, 2002, or until thirty days after notification of award of Grant funds, or until notification of denial of Grant funds. Further, the Agreement establishes a base value of $1,000,000 for the ten acre parcel. If SCHP is successful at securing Grant funding, Agency staff will then negotiate a Disposition and Development Agreement that details development and operations activities. It is anticipated that up to $1,000,000 of Agency financial assistance would be required to insure that the 80 residential units would be affordable to very -low income senior households. If developed, these units would be counted towards the Agency's affordable housing production requirements. FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency Board include: Approve the Option Agreement and authorize the Executive Director to execute the necessary documents; or 2. Do not approve the Option Agreement nor authorize the Executive Director to execute the necessary documents; or 3. Provide staff with alternative direction. Respectfully submitted, Jerry Herman Community Development Director Approved for submission by: IVY2Z-,, � � - mas P. Genovese, Executive Director Attachment: Option Agreement U �. ATTACHMENT 1 OPTION AGREEMENT This OPTION AGREEMENT (the "Option" or "Agreement") is entered into as of April 17, 2001, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and SOUTHERN CALIFORNIA PRESBYTERIAN HOMES, a non-profit, public benefit corporation ("Optionee"). RECITALS A. Agency is the owner in fee of that certain real property consisting of approximately eight acres located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Agency Parcel"). B. Agency and Optionee desire to enter into this Agreement to provide for Agency to grant to Optionee, and Optionee to obtain from Agency, upon the terms set forth in this Agreement, an option to acquire the Agency Parcel and all improvements now or hereafter constructed thereon and easements, licenses and interests appurtenant thereto (collectively, the "Property." AGREEMENT Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Agency and Optionee agree as follows: OPTION TO ACQUIRE. 1.1 Grant of Option; Option Period. Agency, subject to the terms and conditions set forth herein, hereby grants to Optionee an option to purchase the Property ("Option"). This Option shall commence on the date hereof and shall continue until the "Option Termination Date" (the "Option Period"). The Option Terminate Date shall be dependent on whether Optionee receives notice from the United States Department of Housing and Urban Development ("HUD") on or prior to December 31, 2001, that Optionee's application for a fund reservation under Section 202 of the Housing Act of 1959, 12 U.S.C. Section 170lq ("Fund Reservation") has been approved. If Optionee does not receive the Fund Reservation approval on or prior to December 31, 2001, the Option Termination Date shall be the earlier of (i) 4:00 p.m. on December 31, 2001; or (ii) ) the date Optionee receives notice that the application for a Fund Reservation has been rejected. If Optionee's application for the Fund Reservation is approved by HUD, the Option Termination Date shall be the date that is eighteen (18) months after the date that HUD approved the Fund Reservation. Notwithstanding anything in the foregoing to the contrary, in no event shall the Option Period expire earlier than November 30, 2001. 1.2 Purpose of Option. The parties agree that the purpose of this Option is for the specific purpose of facilitating the acquisition of the Property and the development thereon of an affordable senior citizen housing project containing eighty (80) units (the "Project"). 394/015610-0047 176712.02 PM01 1.3 Consideration for Option. As consideration for the granting of the Option, Optionee shall pay to Agency the sum of Ten Dollars ($10.00), the sufficiency of which is hereby acknowledged. Said Option consideration shall not be applicable to the Purchase Price. 1.4 Exercise of Option. In the event Optionee elects to exercise the Option to purchase the Property and has performed all acts in the time and manner as required by the terms hereof, and is not in default under any provision of this Agreement, Optionee shall exercise the Option by delivering to Agency, on or before 4:00 p.m. on the last day of the Option Period, written notice of Optionee's election to acquire the Property together with a copy of HUD's approval of the Fund Reservation. 1.5 Automatic Termination. This Option shall automatically terminate without any notice to Optionee, and all rights of Optionee in and to the Property shall then and there cease if Optionee does not exercise the Option to purchase the Property in the manner set forth in Section 1.4 of this Agreement prior to the expiration of the Option Period set forth in Section 1.1. Such termination shall not release Optionee from its obligations to pay sums due and owing pursuant to the terms hereof up to and including the date of such termination, nor from Optionee's obligations pursuant to Sections 1.6, 5.1, and 5.3 hereof. 1.6 Document to Remove Cloud. This Agreement constitutes only an Option to purchase the Property, and although the Option granted hereby shall automatically terminate with respect to the Property unless exercised within the times provided for herein, or shall otherwise terminate as provided in Section 1.4, Optionee nonetheless in all events agrees to execute, acknowledge and deliver to Agency within ten (10) days after Agency's request therefor, any quitclaim deed or other document(s) required by a reputable title company of Agency's choice, which said title company might require to remove any cloud from the title of Agency to the Property that might arise as a result of the Option herein granted. 2. INSPECTIONS AND REVIEW. 2.1 Title Review. If Optionee receives the Fund Reservation, then thirty (30) days after Agency has received written notice from Optionee that Optionee has received the Fund Reservation, Agency shall deliver to Optionee a preliminary title report for the Property, together with copies of all written instruments creating the exceptions specified therein (collectively, the "Title Report"). Within thirty (30) days after receipt of the Title Report, Optionee shall notify Option in writing ("Optionee's Title Notice") of any matters of title disapproved by Optionee (the "Disapproved Exceptions"). Optionee's failure to deliver Optionee's Title Notice within said thirty (30) day period shall constitute Optionee's approval of all the title exceptions in the Title Report. Agency shall have a period of thirty (30) days after receipt of Optionee's Title Notice in which to notify Optionee in writing ("Agency's Title Notice") of Agency's election to either agree to remove the Disapproved Exceptions prior to the close of escrow for the conveyance of the Property to Optionee or to decline to remove the Disapproved Exceptions. Agency's failure to provide Optionee with Agency's Title Notice within said thirty (30) day period shall be deemed Agency's election to decline to remove the Disapproved Title Exceptions. In the event Optionee elects to exercise the Option, Optionee shall be deemed to have agreed to accept title to the Property subject to any Disapproved Exceptions which Agency in Agency's Title Notice notified Optionee it was declining to remove or which Agency shall be deemed to have decline 394/015610-0047 0015 176712.02 PM01 _2 to remove by its failure to deliver the Agency Title Notice ("Approved Title Exceptions"), The deadlines set forth in this Section 2.1 may be extended by mutual agreement of the parties. 2.2 Investigation of Property. Optionee, at its sole cost and expense, shall have the right to make such independent investigations, inspections, tests, reviews, studies or surveys (collectively, the "Investigations") as Optionee deems necessary or appropriate concerning the condition or suitability for ownership, use, subdivision, development, construction, or sale of the Property by Optionee, including, without limitation, any desired Investigations of the soils or groundwater conditions, including a study and determination as to the existence of any noxious, toxic, flammable, explosive or radioactive matter or any hazardous materials or hazardous substances or any crude oil or byproducts of crude oil. During the Option Period, Agency hereby grants to Optionee and its representatives, agents, consultants, contractors, and designees a non- exclusive right of entry onto the Property for the purposes of conducting the Investigations. Optionee shall provide at least 48-hours advanced written notice to Agency when Optionee desires to exercise its right of entry. Agency shall have the right to reasonably refuse entry if such entry shall interfere with Agency's use of the Property. Optionee agrees to repair any damage or disturbance that Optionee or its agents, representatives, or contractors cause to the Property, and Optionee shall indemnify, defend, and hold Agency harmless from and against any and all claims, expenses, demands, lawsuits, causes of action, attorney's fees, and the like arising out of or related to the exercise by Optionee or its agents, representatives, or contractors, of the right of entry granted by Agency to Optionee pursuant to this Section 2.2. 3. FUND RESERVATION. As additional consideration for the granting of this Option, Optionee hereby agrees to submit to HUD an application for the Fund Reservation on or before the deadline date for such submission occurring in May 2001 as imposed by HUD, and, thereafter, Optionee shall perform all actions as may be reasonably required to secure the Fund Reservation from HUD. Optionee shall request that HUD provide copies of all correspondence and notices regarding the Fund Reservation to Agency. 4. CONDITIONS TO CLOSE OF ESCROW. If Optionee receives the Fund Reservation and exercises the Option described herein, the Agency and Optionee shall open escrow as provided for in subsection (d) below and the following shall be conditions to close of escrow for the conveyance of the Property by Agency to Optionee: a. Conveyance of the Property for the agreed -upon purchase price ("Purchase Price"). With respect to the Purchase Price, the parties agree that the Purchase Price for the Property shall be the price determined by a fair market value appraisal performed in connection with the Fund Reservation application by an independent MAI appraiser selected by Agency and Optionee from among the list of appraisers approved by HUD. b. Agency and Optionee shall have entered into a Disposition and Development Agreement acceptable to HUD. The DDA shall contain the usual and customary terms of such agreements entered into by the Agency for affordable housing 394/015610-0047 10 1 J 176712.02 PM01 -3- ' projects, shall contain provisions for the sale of real property for the Purchase Price, and shall refer to or include, as applicable, the other terms set forth in this Section 4. C. A regulatory agreement containing covenants, conditions, and restrictions pertaining to the development, operation, and maintenance of the Property of an 80-unit senior citizen rental housing project, with all of the units to be leased at rents not exceeding the maximum "affordable rent" under California law for persons and families of "very low income," i.e., persons and families whose income does not exceed fifty percent (50%) of the median income for Riverside County, adjusted for family size. The regulatory agreement shall run for not less than thirty (30) years from the date Project construction is completed. The regulatory agreement shall further provide that the Project shall comply with all HUD requirements with respect to rental rates, rental policies, availability to the general, public, maintenance, reporting requirements and any other matter which is the subject of applicable HUD regulations. The regulatory agreement shall be subject to HUD approval. d. An escrow shall be opened with the Escrow Department at First American Title Insurance Company or other escrow company mutually acceptable to Optionee and Agency, within five(5) business days of the exercise of the Option, with the following terms applicable: (i) the Purchase Price shall be paid at close of escrow; (ii) Agency shall pay the premium for a CLTA standard owner's policy of title insurance in the amount of the Purchase Price subject to the Approved Title Exceptions and the exceptions Optionee approved or deemed to have approved pursuant to Section 2.1, and Optionee shall pay for any extended or additional coverage or endorsements. (iii) Agency shall pay for documentary stamps on the deed; (iv) Agency and Optionee shall each pay for one-half of the escrow charges; (v) taxes and assessments shall be prorated to close of escrow; and (vi) escrow closing shall be subject to Optionee obtaining a Firm Commitment for Capital Advance Financing from HUD and any other funds required for the project, with the closing of the HUD and any other financing occurring concurrently with the close of escrow for the Property. e. The close of escrow for the conveyance of the Property shall be on or before the date that is sixty (60) days following Optionee's exercise of the Option. f. Optionee shall accept the Property in its "As -Is", "Where -Is" and "With - All -Faults" condition. Agency staff has no actual knowledge of the presence of hazardous substances or materials in, under, or upon the Property. 394/015610-0047 007 176712.02 PM01 -4- g. Agency approval of Optionee's Project financing including sources and uses of funds and a Project pro forma. h. Approval by the City of La Quinta of any land use approvals required for the Project, including but not limited to a Site Development Permit. 5. MISCELLANEOUS. 5.1 Attorney's Fees. In the event of any dispute between the parties hereto involving the covenants or conditions contained in this Option or arising out of the subject matter of the Option, the prevailing party shall be entitled to recover, and the other party agrees to pay, all reasonable fees, expenses and costs, including, but not limited, to attorneys' fees and expert witness fees. 5.2 Notices. All notices required to be delivered under this Agreement to the other party must be in writing and shall be effective (i) when personally delivered by the other party or messenger or courier thereof; (ii) three (3) business days after deposit in the United States mail, registered or certified; (iii) twenty-four (24) hours after deposit before the daily deadline time with a reputable overnight courier or service; or (iv) upon receipt of a telecopy or fax transmission, provided a hard copy of such transmission shall be thereafter delivered in one of the methods described in the foregoing (i) through (iii); in each case postage fully prepaid and addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other parties hereto: To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director Telecopier: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Fourteenth Floor Costa Mesa, California 92626 Attn: M. Katherine Jenson, Esq. Telecopier: (714) 546-9035 To Optionee: Southern California Presbyterian Homes 516 Burchett Street Glendale, California 91201 Attn: Sally Little Telecopier: (818) 247-3871 5.3 Broker's Fees. Agency and Optionee each represents and warrants to the other than no third party is entitled to a real estate or broker's commission and/or finder's fee with respect to the transactions contemplated by this Agreement. Each party agrees to indemnify and hold the other harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorney's fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay broker's commissions and/or finder's fees. 394/015610-0047 (� 8 176712.02 PM01 -5- 5.4 Assignment. Optionee shall have no right to assign the Option herein granted or any right or privilege Optionee might have in the Option, by operation of law or otherwise, without the prior written consent of Agency, which consent may be withheld in Agency's sole and absolute discretion. Any attempt by Optionee to make an assignment other than with the prior written consent of Agency shall be null and void. Notwithstanding the foregoing, without the consent of Agency, Optionee shall have the right to assign this Agreement to a non-profit corporation formed for the sole purpose of owning and operating the project as required by HUD, but such consent shall not be effective unless and until the assignees agrees in writing to carry out and observe Optionee's agreements hereunder. 5.5 Time of the Essence. Time is of the essence with respect to each of the terms, covenants and conditions of this Agreement. 5.6 Binding on Heirs. Subject to the limitations set forth in Section 7.4 above, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 5.7 Modification, Waivers and Entire Agreement. Any amendments or modifications to this Agreement must be in writing and executed by both parties to this Agreement. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or agreements hereof to be performed by the party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions thereof This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and all negotiations and agreements, statements or promises between the parties hereto or their agents with respect to this transaction are merged in this Agreement, which alone expresses the parties' rights and obligations. No prior agreements or understandings not contained herein shall be binding or valid against either of the parties hereto. 5.8 Interpretation, Governing Law-, Forum. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Title and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. In the event of any litigation between the parties hereto, the Municipal and Superior Courts of the State of California in and for the County of Riverside shall have exclusive jurisdiction. 5.9 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 394/015610-0047 f I { ' I 176712.02 PM01 -6- 5.10 Authority to Execute. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 5.11 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 5.12 No Recordation. Optionee shall not cause or allow this Agreement, short form, memorandum or assignment hereof to become of record in any public office without Agency's prior written consent, which consent may be withheld in Agency's sole discretion and absolute discretion. 5.13 Exhibit. Exhibit "A" attached hereto is hereby incorporated herein by this reference. [SIGNATURES ON NEXT PAGE] 0101 394/015610-0047 176712.02 PM01 -7- IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement the day and year first above written. ATTEST: Agency Secretary APPROVED AS TO FORM RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Chairperson "AGENCY" SOUTHERN CALIFORNIA PRESBYTERIAN HOMES, a California non- profit, public benefit corporation By: Its: By: Its: "OPTIONEE" 394/015610-0047 0 17671102 PM01 -8- EXHIBIT "A" LEGAL DESCRIPTION OF AGENCY PARCEL [TO BE INSERTED] F, 12 17671 s02 PM 1 Exhibit A to Option Agreement i�6�iz.ozPMoi h g c&ty/ 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: C51I.- COUNCIL/RDA MEETING DATE: April 17, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Lease Extension for an Additional Five Years by and Between the La Quinta PUBLIC HEARING: Redevelopment Agency, a Public Body Corporation and Politic, and the City of La Quinta, a Municipal Corporation, Which Would Result in the Automatic Extension of a Sublease by and Between the City of La Quinta and the United States Postal Service for the Sum of $1 .00 Per Year RECOMMENDATION: As deemed appropriate by the Redevelopment Agency Board. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City received a request from the Postal Service on March 9, 2001 (Attachment 1), requesting an extension of their current Lease for five years. The terms of the Lease Agreement between the Agency and City (Attachment 2), found in Article I, Section 1 .4, states the Lease shall be for a five year period commencing on the date of execution which was August 6, 1996. Article XIV, Section 14.1, states the Leasee (City) may seek a ten year extension provided the Agency is given written notice no more than three and not less than one year prior to the scheduled expiration of the initial term or the Lease or any extension. The Sublease Agreement (Attachment 3) between the City and Postal Service states that the term of the Sublease shall terminate simultaneously with the termination of the Lease. FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency Board are: Approve the Lease Agreement extension with the City; or CCJH.010 2. Do not approve the Lease Agreement extension with the City; or 3. Provide staff with alternative direction. Respectfully submitted: munity Development Director Approved for submission by: G aAAL homas P. Genovese, Executive Director Attachments: 1 . Letter dated March 9, 2001, from the United States Post Office 2. Executed Lease Agreement 3. Executed Sublease Agreement 002 G:\WPDOCS\ccih.010-RDA.wod ATTACHMENT #1 PACIFIC FAcnxrmS SERVICE OFFICE )U�—� UNUEDST/ M POSTAL SERVICE March 9, 2001 Jerry Hermanp� 5 Community Development Director o City of La Quinta 78-495 Calle Tampico Mnr La Quinta, CA 92253 Re: (La Quinta, CA (Main Office Parking) lease extension Jerry: Per our recent telecom please extend parking lot lease for an additional 5 years (12/1/2002 —11/30/2007) for rent of $1.00/year. Any questions please call ... 650-615-7208. j ankyoun orcgal Estate 395 OYSTER POINT BOULEVARD SOUTH SAN FRANCISCO, CA 94099-0300 (650) 615-7208 004 FAX (650) 615-7235 : ATTACHMENT #2 LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is entered into this 4itday of 996, by and between the La Quinta Redevelopment Agency, a public body corporate and politic ("Lessor" or "Agency") and the City of La Quinta, a municipal corporation formed under the laws of the State of California ("Lessee" or "City"). RECITALS WHEREAS, the Lessor and Lessee desire to enter into this Lease Agreement to enable the City to sublease certain property located within the City of La Quints to the United States Postal Service; and WHEREAS, it is necessary for the City to provide additional property to the United States Postal Service to assist in the process of making ZIP Code adjustments that will be compatible with the City of La Quinta's municipal lines which is anticipated to become effective December 1, 1995. AGREEMENTS In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE I. TERM OF LEASE 1.1 Premises. Lessor is currently the owner of that parcel of real property located in the City of La Quinta, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises"). A site map of the premise and its relation to the adjacent U. S. Postal Service building is provided in Exhibit `B" attached hereto and incorporated herein by this reference. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Premises upon the terms and conditions expressed herein. 1.2 Reservation. Lessor reserves to itself, its successors, and assigns, together with the right to grant and transfer all or a portion of the same, the non-exclusive right to enter upon the Premises in accordance with any rights of Lessor set forth in this Lease. 1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants, conditions, restrictions, reservations, rights, rights -of -way, easements, and all other matters of record or apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on the date this Lease is executed by Lessee. 1.4 Tenn. The term of this Lease shall be for five (5) years commencing on the execution date by the Lessor. 005 ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS 2.1 Construction Inspection by Lessor and Right to Improvements. Lessor shall provide security lighting and chain link fencing along the unfenced portion of the premise. Lessee shall construct or cause to be constructed the grading and paving of the Premises which improvements shall provide additional parking spaces for the United States Postal Service (the "Improvements"). Building permits shall be obtained and construction begun on the Improvements within two (2) months of the date of the execution of this Lease. Lessee covenants with Lessor that the Improvements shall be constructed in a good workmanlike. manner according to and in conformity with plans and specifications to be submitted to lessor pursuant to Section 2.2 below and in compliance with all applicable municipal building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof. At all times during construction, and prior to completion, of the Improvements, Lessor shall have the right, after not less than twenty-four (24) hours notice to Lessee, to enter upon the Premises in the company of a representative of Lessee for the purpose of inspecting the same, provided that such entry and inspection shall not be unreasonably interfere with Lessee's construction of the Improvements. Any and all Improvements which are made by Lessee to the Premises shall be owned by Lessee during the Term but shall remain a part of the Premises and be surrendered therewith at the end of the Term or sooner termination of this Lease, at which time the same shall become the property of Lessor. ARTICLE III. RENT 3.1 Net Lease. It is the intent of the parties hereto that the rent provided herein shall be absolutely net to Lessor and that Lessee shall pay all costs, charges and expenses of every kind and nature against the Premises and any Improvements which may arise or become due during the Term and which, except for execution and delivery hereof, would or could have been payable by Lessor. 3.2 Minimum Rent. During the Term of this Lease, Lessee shall pay to Lessor a rent payment amount of One Dollar ($1.00) per year for the term of the Lease (the "Base Rent"). Rent for any period during the term hereof which is less than one year shall be a pro rata portion of the Base Rent. Rent shall be payable to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. ARTICLE IV. USE OF PREMISES AND COMPLIANCE OF LAW 4.1. Permitted Uses. The Premises shall be used and occupied, according to the Sublease approved on the same date, by sublessee for additional space for the United States Postal Service necessary in servicing the La Quinta service areas. 31ease.agm 2 006 4.2 Compliance with Law. (a) Lessor warrants to Lessee that the Premises, in the state existing on the date that the Lease term commences, but without regard to the use for which Lessee will occupy the Premises, does not violate any covenants or restrictions of record, or any applicable building code, regulation or ordinance in effect on such Lease term commencement date. In the event it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after written notice from Lessee, to promptly, at Lessor's sole cost and expense, rectify any such violation. (b) Lessee, at Lessee's expense, shall promptly comply with all applicable statutes, ordinances, rules, regulations, orders, and requirements of all governmental authorities having jurisdiction affecting the Premises and Improvements or the cleanliness, safety, occupancy and use of same, whether or nor any such law, ordinance, order, rule or regulation or requirement in substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural changes of the Improvements or interfere with the use and enjoyment of the Premises. 4.3 Nondiscrimination. The Lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased. ARTICLE V. PAYMENT OF EXPENSES 5.1 Lessee shall pay all of the costs and expenses in the operation, management, and maintenance of the Improvements. Such expense shall include, without limitation, the following: (I) expenses incurred by Lessee for general maintenance, painting lighting, cleaning, trash removal, security, fire protection; and (ii) the actual cost of repairs to the Improvements. ARTICLE VI. MAINTENANCE OF THE PREMISES 6.1 Obligations for Maintenance. Lessee, at Lessee's expense without cost to Lessor, shall maintain in good order, condition, quality, and repair, the Improvements and every part thereof and any and all appurtenances thereto wherever located, and all other repairs, replacements, renewals and restorations ordinary and extraordinary, foreseen and unforeseen. 6.2 Liens. Lessee shall keep the Premises, the Improvements, or any part thereof free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or fore Lessee, and agrees to cause to be discharged any mechanic's or materialmen's lien of record within twenty (20) days after the lien has been filed or within ten (10) days after receipt of written request from Lessor, whichever shall be the sooner. D0" 3lease.agm ARTICLE VII. INSURANCE AND INDEMNITY 7.1 Liability Insurance. Lessor has existing insurance through a joint powers insurance authority which it shall keep in force during the term of this Lease. 7.2 Property Insurance. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Building, but not Lessee's personal property, fixtures, equipment or tenant improvements, in an amount not to exceed the full replacement value thereof, as the same may exist from time to time, providing protection against all perils including without the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event same is required by a lender having a lien on the Premises) special extended perils ("all risk", as such term is used in the insurance industry), plate glass insurance and such other insurance as Lessor deems advisable. In addition, Lessor shall obtain and keep in force, during the term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable to Lessor, which insurance shall also cover all Operating Expenses for said period. 7.3 Waiver of Subro ag tion. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence or Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee and Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation contained in this Lease. 7.4 Indemnily. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any act or omission of Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor. ARtICLE VIII. UTILITY CHARGES 8.1 Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other utility services or franchise supplier sued on or in the Premises. If any such charges are not paid when due, Lessor may pay the same after giving Lessee fifteen (15) days prior written notice, and any amount so aid by Lessor shall thereupon become due to Lessor from Lessee as additional Rent. 31ease.agm 4 0 0 ARTICLE IX. ALTERATIONS AND ADDITIONS Without Lessor's prior written consent, which consent may be withheld or granted in Lessor's reasonable discretion, Lessee shall not have the right to make changes or alterations to the Improvements or the Premises, except on the following conditions: -(a) Lessee shall not make any alterations, whether structural or non-structural, which will decrease the value of the Premises or the Improvements. If the cost of such changes or alterations to the Improvements or the Premises exceeds Five Thousand Dollars ($5,000), Lessee shall submit to Lessor plans and specifications for approval. (b) Before the commencement of any work, Lessee shall pay the amount of any increased premiums on insurance policies provided for hereunder; (c) Lessor shall in no event be required to make any alterations, rebuilding, replacement, changes, additions or Improvements or repairs to the Premises, except as specifically provided in this Lease; (d) All such changes, alterations, rebuilding, replacements, additions, improvements and repairs to the Premises made by Lessee shall be deemed to have attached to the realty and to have become the property of Lessor upon the expiration of the Term or upon sooner termination of this Lease. ARTICLE X. ASSIGNMENT AND SUBLETTING 10.1 Agency's Consent Required. With the exception of the Sublease Agreement with the United States Postal Service attached hereto as Exhibit "C" and incorporated herein by this reference, Lessee agrees and covenants (which covenants shall be binding upon the heirs, executors, and administrators of Lessee) that Lessee shall not, assign, sell, encumber, pledge or otherwise transfer all or any part of Lessee's leasehold estate hereunder, without Lessor's prior written consent. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without such prior written consent, and at Lessor's election, shall constitute a default. 10.2 Lessee Remains Obligated. No subletting or assignment, even with the consent of Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations hereunder. The acceptance by Lessor of any payment due hereunder from any person or entity other than Lessee shall not be construed as a waiver by Lessor of any provision of this Lease or as a consent to any assignment or subletting. Consent by Lessor to an assignment of this lease or to a subletting of the Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to this Lease. 31ease.agm 5 009 • .0 ARTICLE XI. DEFAULT 11.1 Events of Default. The occurrence of any one or more of the following events shall constitute a material default of this Lease by Lessee: (a) The failure by Lessee to make any payment or rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Lessor to Lessee. (b) Except as otherwise provided in this Lease, the failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's noncompliance is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (c) The abandonment by Lessee of the Premises or a substantial portion thereof. 11.2 Remedies. In the event of any such material default by Lessee, Lessor may at any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided that portion of the leasing commission paid by Lessor applicable to the unexpired term of this Lease. (b) Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have vacated or abandoned the Premises. In such event Lessor shall be entitled to enforce all Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the sate wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law. 3lease.agm El 010 11.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of the Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance than Lessor shall not be in default if Lessor commences, performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 11.4 Remedies for Lessee. (a) In the event of a default by Lessor, Lessee may abate its rent due to recover any damages suffered as a result of the default. XII. HOLDING OVER This Lease shall terminate and become null and void without further notice upon the expiration of the Term herein specified and any holding over by Lessee after such expiration shall not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when in writing signed by both parties. XIII. ACCESS BY LESSOR In addition to the right of Lessor to reserve use of the Premises under Article IV, Section 4.1, Lessor and those agents, contractors, servants and employees of Lessor who are identified in writing to Lessee shall have the right, after reasonable notice to Lessee, to enter the Premises during normal business hours to examine .the Premises, to perform any obligation of Lessor or to exercise any right or remedy reserved to Lessor in this Lease. ARTICLE XIV. RENEWAL OPTION 14.1 Option to Extend. Provided that Lessee is not otherwise in default under the terms of this Lease, Lessee may at Lessee's election, extend the term of this Lease by a ten (10) year period. Such election shall be exercised by Lessee giving written notice to Lessor of intent to do so no more than three (3) years, but no less than one (1) year, prior to the then scheduled expiration of the initial term of this Lease or any extension thereof. 14.2 Continuation of Terms. The terms and conditions of this Lease during any such extension, specifically including all obligations of the Lessor and Lessee hereunder, shall continue in full force and effect except as may be expressly modified by subsequent written mutual agreement of Lessor and Lessee. Oil 31ease.agm 7 0 ARTICLE XV. MISCELLANEOUS 15.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or any subsequent breach of the same or any other term, condition or covenant contained herein. 15.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: To Lessor: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 To Lessee: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 15.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of Lessor and Lessee. Nor shall anything herein be deemed or construed to imply financial support for Lessee's operation apart from the provisions of this Lease. 15.4 Time of Essence. Time is hereby expressly declared to be of the essence of this Lease and of each and every term, covenant and condition hereof which relates to a date or period of time. 15.5 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be cumulative and are given without impairing any other rights or remedies given Lessor and Lessee by statute or law nor existing or hereafter enacted, and the exercise of any one (1) remedy by Lessor or Lessee shall not exclude the exercise of any other remedy. 15.6 Effect of Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and 31ease.agm 8 V 112 0 0 provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No acquisition by Lessor of all or any of the interest of Lessee in or to the Premises or the Improvements, and no acquisition by Lessee of all or any interest of Lessor in or to the Premises shall constitute or work a merger of the respective interest, unless expressly provided for. 15.7 Successors and Assiens. This Lease and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of Lessor and to the permitted successors and assigns of Lessee and all references in this Lease to "Lessee" or "Lessor" shall be deemed to refer to and include all permitted successors and assigns of such party. 15.8 Entire Aereement. This Lease contains the entire agreement of Lessor and Lessee with respect to the matters covered hereby, and no other agreement, statement of promise made by either Lessor or Lessee which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by Lessor and Lessee. 15.9 Execution of Lease: No Option. The submission of this Lease to Lessee shall be for examination purposes only, and does not and shall not constitute a reservation of or option for Lessee to lease, or otherwise create any interest by Lessee in the Premises. Execution of this Lease by Lessee and return to Lessor shall not be binding upon Lessor notwithstanding any tie interval, until Lessor has in fact executed and delivered this Lease to Lessee. 15.10 Cornorate Authority. Each individual executing this Lease on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, partnership, entity or organization and that this Lease is binding upon same in accordance with its terms. 15.11 Controlling Law. This Lease shall be governed by and construed in accordance with the federal law. 15.12 Specific Performance. Nothing contained in this Lease shall be construed as or shall have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any and all of the covenants or obligations of the other party under this Lease. 15.13 Survival of Indemnities and Warranties. The obligations of the indemnifying party under each and every indemnification and hold harmless provision contained in this Lease shall survive the expiration or earlier termination of this Lease to and until the last to occur of (a) the last date permitted by law for the bringing of any claim or action with respect to which indemnification may be claimed by the indemnified party against the indemnifying party under such provision or (b) the date on which any claim or action for which indemnification may be claimed under such 31ease.agm 9 1 013 provision is fully and finally resolved, and, if applicable, any compromise thereof or judgment or award thereon is paid in full by the indemnifying party and the indemnified party is reimbursed by the indemnifying party for any amounts paid by the indemnified party n compromise thereof or upon judgment or award thereon and in defense of such action or claim, including reasonable attorneys' fees incurred. The representations, warranties, and covenants of the parties contained herein shall survive the termination of this Lease without regard to any investigation made by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR STANLEY SNIFF, Chai> an La Quinta Redevelopment Agency LESSEE GLENDA HOLT, Mayor City of La Quinta 31ease.agm 10 014 EXHIBIT A LEGAL DESCRIPTION Lots 19 and 20 of Block 134 of Unit No. 14 of Santa Carmelita at Vale La Quinta as per map recorded in book 18, pages 82 and 83 of Maps, Records of Riverside County, California. 015 \K 0 W Q -TOW 30 • EXHIBIT B SITE MAP • tie HIDALGO PROPERTY INFORMATION 51-350 .Avenida Navarro APN: 773-104-005 and 773-104-006 OWNER: La Quints Redevelopment Agency '%a 1 3e 016 ATTACHMENT 3 SUBLEASE AGREEMENT URIGINAL THIS SUBLEASE AGREEMENT (the "Sublease") is entered into this _Z` ay of avcq vs F 1996, by and between the City of La Quinta, a municipal corporation formed under the laws of the State of California ("Sublessor" or "City") and the United States Postal Service ("Sublessee"). RECITALS WHEREAS, Sublessor entered into a certain Lease Agreement as "Lessee" with the La Quinta Redevelopment Agency ("Lessor") dated F - & ; 1996 (the "Lease"); and WHEREAS, pursuant to the Lease, Sublessee and Sublessor desire to enter into this Sublease to effectuate the intent of the Lease which is to provide additional property to the United States Postal Service to assist them in the process of making ZIP Code adjustments that will be compatible with the City of La Quinta's municipal lines which is anticipated to become effective December 1, 1995. AGREEMENTS In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: Section 1. DEFINITIONS "Lease" shall mean the Lease Agreement, dated as of u %, 1996 between the City and the La Quinta Redevelopment Agency. "Property" shall mean the property and improvements thereon which are the subject of this Sublease Agreement and which are more particularly described in the Lease Agreement. Section 2. SUBLEASE OF THE PROPERTY The City hereby leases the Property to the Sublessee and the Sublessee hereby takes and assumes all obligations of the Lessee as set forth in the Lease with the exception of the following provisions: (a) Sublessor Assistance. Sublessor shall assist Sublessee in the amount equal to the costs of payment of all required municipal permit fees (collectively, the "Sublessor Assistance"). (b) Rent. During the term of this Sublease, Sublessee shall pay to Sublessor a rent payment amount of One Dollar ($1.00) per year for the term of the Sublease (the "Base Rent"). Rent for any period during the term hereof which is less than one year shall be a pro rata portion of the Base Rent. Rent shall be payable to Sublessor at the address stated herein or to such other persons or at such other places as Sublessor may designate in writing. 017 .0 .. 0 0 r The term of this Sublease shall commence on the execution date hereof and shall terminate simultaneously with the termination of the Lease. Section 3. NOTICES All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Sublessor or Sublessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: To Sublessor: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 To Sublessee: United States Postal Service San Diego District 11251 Rancho Carmel Drive, Room 366 San Diego, CA 92199-9321 Section 4. BINDING EFFECT This Sublease shall inure to the benefit of and shall be binding upon the City and the Sublessee and their respective successors and assigns. Section 5. SEVERABILITY If any one or more of the terms, provisions, covenants or conditions of this Sublease Agreement shall to any extent be declared invalid, enforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Sublease shall be affected thereby, and each provision of this Sublease shall be valid and enforceable to the fullest extent permitted by law. Section 6. AMENDMENTS Attached hereto and made a part hereof are the United States Postal Service General Conditions to USPS Lease. The terms of this Sublease shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the City and the Sublessee or their successors in interest. 3sublease.agm 2 018 Section 7. APPLICABLE LAW This Sublease shall be governed by and construed in accordance with the laws of the federal law. Section 8. VALIDITY If any one or more of the terms, provisions, promises, covenants or conditions of this Sublease shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, promises, covenants and conditions of this Sublease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the City and Sublessee have caused this Sublease to be executed on their behalf by their duly authorized signataries, all as of the date first written above. Zo r / r � CITY OF LA QUINTA I: A 9 � GLENDA HOLT, Mayor "SUBLESSO] UNITED STATES POSTAL SERVICE By -- - Its: % ,— � "SUBLESSEE" 3sublease.agm 3 019 19 UNITED STATES POSTAL SERVICE - SECTION A A.1 CHOICE OF LAW This Lease shall be governed by federal law. A.2 DEFINITIONS General Conditions to USPS Lease mailed to Lessor at the address specified on page 3 of the Lease, or at an address that Lessor has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and may be hand delivered or mailed, addressed to "Contracting Officer, U.S. Postal Service" at the address specified on page 3 of the Lease, or at an address that the Postal Service has otherwise directed in writing. As used in this contract, the following terms have the following A.4 MORTGAGEE'S AGREEMENT meanings: a. "Contracting officer' means the person executing this contract on behalf of the Postal Service, and any other employee who is a properly authorized contracting officer; the term includes, except as otherwise provided in the contract, the authorized representative of a contracting officer acting within the limits of the authority conferred upon that person. b. "Successful offeror," "offeror," "contractor," or "Lessor' are interchangeable and refer to the party whose proposal is accepted by the Postal Service. c. "Lease" and "agreement" are interchangeable and refer to this document, including all riders and attachments thereto. A.3 EXECUTION REQUIREMENTS a. All co -owners and all other persons having or to have a legal interest in the property must execute the Lease. If the offeror is married, the husband or wife of the offeror must also execute the Lease. The offeror must submit adequate evidence of title. b. If the offeror is a general partnership, each member must sign. c. If the offeror is a limited partnership, all general partners must sign. d. Where the offeror is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. ,e. Where the offeror is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. f. Where the offeror is a corporation, leases and lease agreements entered into must have the corporate seal affixed or in place thereof the statement that the corporation has no seal. g. Where the offeror is a corporation, municipal corporation, fraternal order or society, the Lease must be accompanied by documentary evidence affirming the authority of the agent, or agents, to execute the Lease to bind the municipal corporation, fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. h. Notices. Any notice to Lessor provided under this Lease or under any law or regulation must be in writing and may be hand delivered or If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the offeror must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the offeror must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. A.5 EQUAL OPPORTUNITY a. The contractor may not discriminate against employees or applicants because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. This action must include, but not be limited to, employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other fortes of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants, notices provided by the contracting officer setting forth the provisions of this clause. b. The contractor must, in all solicitations or advertisements for employees placed by it or on its behalf, state that all qualified applicants will be considered for employment without regard to race, color, religion, sex, or national origin. c. The contractor must send to each union or workers' representative with which the contractor has a collective bargaining agreement or other understanding, a notice, provided by the contracting officer, advising the union or workers' representative of the contractors commitments under this clause, and must post copies of the notice in conspicuous places available to employees and applicants. d. The contractor must comply with all provisions of Executive Order (EO) 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor must furnish all information and reports required by the Executive order, and by the rules, regulations, and orders of the Secretary, and must permit access to the contractors books, records, and accounts by the Postal Service and the Secretary for purposes of investigation to ascertain compliance with these rules, regulations, and orders. f. If the contractor fails to comply with this clause or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part; the contractor may be declared ineligible for further contracts in accordance with the Executive order, and other sanctions may be imposed and remedies invoked under the Executive order, or by rule, regulation, or order of the Secretary, or as otherwise provided by law. g. The contractor must insert this clause, including this paragraph g, in all subcontracts or purchase orders under this contract unless exempted by Secretary of Labor rules, regulations, or orders issued under the RETERMSS lim. tas) UNITED STATES POSTAL SERVICE Executive order. The contractor must take such action with respect to any such subcontract or purchase order as the Postal Service may direct as a means of enforcing the terms and conditions of this clause (including sanctions for noncompliance), provided, however, that if the contractor becomes involved in, or is threatened with, litigation as a result, the contractor may request the Postal Service to enter into the litigation to protect the interests of the Postal Service. h. Disputes under this clause will be governed by the procedures in 41 CFR 60-1.1. A.6 FACILITIES NONDISCRIMINATION a. As used in this clause, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this Lease is located. b. The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, religion, color, age, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility including any and all services, privileges, accommodations, and activities provided thereby. c. It is agreed that the Lessor's noncompliance with the provisions of this clause shall constitute a material breach of this Lease. In the event of such noncompliance, the Postal Service may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Postal Service in acquiring substitute space, including but not limited to the cost of moving to such space. d. The Lessor agrees to include, or to require the inclusion of the foregoing provisions of this clause (with the terms "Lessor" and "Lease" appropriately modified) in every agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. The Lessor also agrees that it will take such action with respect to any such agreement as the Postal Service may direct as a means of enforcing this clause, including but not limited to termination of the agreement or concession. A.7 OFFICIALS NOT TO BENEFIT No member of or delegate to Congress may be admitted to any part or share of this contract, or to any benefit arising from it. This prohibition does not apply to the extent this contract is with a corporation for the corporation's general benefit. A.8 CONTINGENT FEES General Conditions to USPS Lease be considered as bona fide employees or agencies within the exception contained in this clause. A.9 ASSIGNMENT OF CLAIMS a. If this contract provides for payments aggregating $10,000 or more, claims for moneys due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with a. The offeror warrants that no person or selling agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide, established commercial or selling agencies maintained by the Lessor for the purpose of obtaining business. b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at its sole discretion, to deduct from the contract price or consideration, or otherwise recover from offeror the full amount of the commission, percentage, brokerage fee, or contingent fee. c. Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may 1.The contracting officer; and 2.The surety or sureties upon any bonds. b. Except with the written consent of the Contracting Officer, assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. c. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, so long as such transfer is subject to this agreement. A.10 COMPLIANCE WITH OSHA STANDARDS To the extent this agreement is for construction, alteration, and/or repairs, the Lessor must (i) comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations, Part 1910, promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970; (ii) comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with (i); and (iii) take all other proper precautions to protect the health and safety of (a) any laborer or mechanic employed by the Lessor in performance of this agreement, (b) Postal Service employees, and (c) the public. The Lessor must include this clause in all subcontracts hereunder and to require its inclusion in all subcontracts of a lower tier. The term "Lessor" as used in this clause in any subcontract must be deemed to refer to the subcontractor. A.11 EXAMINATION OF RECORDS a. The Postal Service and its authorized representatives will, until three years after final payment under this contract, or for any shorter period specified for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the contractor involving transactions related to this contract. b. The contractor agrees to include in all subcontracts under this contract a provision to the effect that the Postal Service and its authorized representatives will, until three years after final payment under the subcontract, or for any shorter specked period for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the subcontractor involving transactions related to the subcontract. The tens "subcontract" as used in this clause excludes: 1. Purchase orders; and 0 12 1 RETERMSS lim.19ss) VCUNITED STATES POSTAL SERVICE_ 2. Subcontracts for public utility services at rates established for uniform applicability to the general public. A.12 CLEAN AIR AND WATER The contractor agrees: a. To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 of the Clean Air Act and section 308 of the Clean Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; b. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; . c. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and d. To insert the substance of this clause into any nonexempt subcontract, including this paragraph d. A.13 CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph d.2 below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. 1. A claim by the contractor must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the contractor is subject to a written decision by the contracting officer. 2. For contractor claims exceeding $50,000, the contractor must submit with the claim a certification that: (a) The claim is made in good faith; (b) Supporting data are accurate and complete to the best of the contractors knowledge and belief; and General Conditions to USPS Lease 3. (a) If the contractor is an individual, the certification must be executed by that individual. (b) If the contractor is not an individual, the certification must be executed by: (1) A senior company official in charge at the contractor's plant or location involved; or (2) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs. e. For contractor claims of $50,000 or less, the contracting officer must, 0 requested in writing by the contractor, render a decision within 60 days of the request. For contractor -certified claims over $50,000, the contracting officer must, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made. f. The contracting officers decision is final unless the contractor appeals or files a suit as provided in the Act. g. The Postal Service will pay interest on the amount found due and unpaid from: 1. The date the contracting officer receives the claim (property certified if required); or 2. The date payment otherwise would be due, if that date is later, until the date of payment. h. Simple interest on claims will be paid at a rate determined in accordance with the Interest clause. i. The contractor must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. A.14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS The following clause is applicable if this contract provides for payments aggregating $2,500 or more. a. The contractor may not discriminate against any employee or applicant because of physical or mental handicap, in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified handicapped individuals without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). b. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended. c. In the event of the contractors noncompliance with this clause, action may be taken in accordance with the rules and regulations and relevant orders of the Secretary of Labor. (c) The amount requested accurately reflects the contract d. The contractor agrees to post in conspicuous places, available to adjustment for which the contractor believes the Postal Service employees and applicants, notices in a form to be prescribed by the is liable. Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractors obligation under the law to take affirmative action to employ and advance 0 n t.. f.. (Jan. 1995) r UNITEDSTATES POSTAL SERVICE_ in employment qualified handicapped employees and applicants, and the rights of applicants and employees. e. The contractor must notify each union or worker's representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of section 503 of the Act and is committed to taking affirmative action to employ, and advance in employment, handicapped individuals. f. The contractor must include this clause in every subcontract or purchase order over $2,500 under this contract unless exempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, so its provisions will be binding upon each subcontractor or vendor. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. General Conditions to USPS Lease exclusion does not apply to a particular opening once the contractor decides to consider applicants outside its own organization or employer/union arrangements for that opening. A.15 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA If this contract provides for payments aggregating $10,000 or more, the following clause is applicable. a. The contractor may not discriminate against any employee or applicant because that employee or applicant is a disabled veteran or veteran of the Vietnam era, in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). b. The contractor agrees that all suitable employment openings of the contractor existing at the time of the execution of this contract or occurring during its performance (including those not generated by this contract and those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates) will be listed at an appropriate local office of the State employment service system where the opening occurs. The contractor further agrees to provide such reports to the local office regarding employment openings and hires as may be required. State and local government agencies holding Postal Service contracts of $10,000 or more will also list all their suitable openings with the appropriate office of the State employment service. c. Listing of employment openings with the employment service system will be made at least concurrently with the use of any other recruitment source or effort and will involve the normal obligations attaching to the placing of a bona fide job order, including the acceptance of referrals of veterans and non -veterans. The listing of employment openings does not require the hiring of any particular applicant or hiring from any particular group of applicants, and nothing herein is intended to relieve the -contractor from any other requirements regarding nondiscrimination in employment. d. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it must advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. The contractor may advise the State system when it is no longer bound by this clause. e. Paragraphs b, c, and d above do not apply to openings the contractor proposes to fill from within its own organization or under a customary and traditional employer/union hiring arrangement. But this Definitions 1. "All suitable employment openings" includes openings that occur in the following job categories: production and non -production; plant and office; laborers and mechanics; supervisory and non - supervisory; technical; and executive, administrative, and professional openings as are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than three days' duration, and part- time employment. It does not include openings the contractor proposes to fill from within its own organization or under a customary and traditional employerlunion hiring arrangement or openings in an educational institution that are restricted to students of that institution. Under the most compelling circumstances, an employment opening may not be suitable for listing, including situations in which the needs of the Postal Service cannot reasonably be otherwise supplied, when listing would be contrary to national security, or when the requirement of listing would otherwise not be in the best interests of the Postal Service. 2. "Appropriate office of the State employment service" means the local office of the FederaVState national systems of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled. 3. "Openings the contractor proposes to fill from within its own organization" means employment openings for which persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) will not be considered and includes any openings the contractor proposes to fill from regularly established "recall" lists. 4. "Openings the contractor proposes to fill under a customary and traditional employer/union hiring arrangement" means employment openings the contractor proposes to fill from union halls as part of the customary and traditional hiring relationship existing between it and representatives of its employees. g. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. h. In the event of the contractor's noncompliance with this clause, action may be taken in accordance with the rules, regulations, and relevant orders of the Secretary. I. The contractor agrees to post in conspicuous places, available to employees and applicants, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. j. The contractor must notify each union or workers' representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terns of the Act and is committed to taking affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. k. The contractor must include this clause in every subcontract or purchase order of $10,000 or more under this contract unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so its provisions will be binding upon each subcontractor vendor. (JW. 1111115) �UNITED ST/�TES POST4L SERVICE The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. A.16 GRATUITIES a. The Postal Service may terminate this contract for default if, after notice and a hearing, the Postal Service Board of Contract Appeals determines that the contractor or the contractors agent or other representative: General Conditions to USPS Lease Postal Service contract or to imply in any manner that the Postal Service endorses its products. A.19 RECORDING Recording Not Required A.20 SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 1. Offered or gave a gratuity (such as a gift or entertainment) to an officer or employee of the Postal Service; and A,21 ALTERATIONS 2. Intended by the gratuity to obtain a contract or favorable treatment under a contract. b. The rights and remedies of the Postal Service provided in this clause are in addition to any other rights and remedies provided by law or under this contract. A.17 HAZARDOUS/TOXIC CONDITIONS CLAUSE "Friable asbestos material" means any material containing more than 1% asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry. Sites cannot have contaminated soil, water or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law is subsequently identified on the premises, the Lessor agrees to remove such materials or substances upon notification by the U. S. Postal Service at Lessors sole cost in accordance with EPA and/or State guidelines. If the Lessor fails to remove the asbestos or hazardous/toxic materials or substances, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Lessor by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Lessor certifies: 1. The property and improvements are free of all contamination from petroleum products or any hazardousttoxic or unhealthy materials or substances including friable asbestos, as defined by applicable State or Federal law. _ 2. There are no undisclosed underground storage tanks or associated piping on the property. The Lessor hereby indemnifies the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense and/or liability resulting from, brought for, or on account of any violation of this clause. A.18 ADVERTISING OF CONTRACT AWARDS Except with the contracting officer's prior approval, the contractor agrees not to refer in its commercial advertising to the fad that it was awarded a The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. Prior to expiration or termination of this lease the Postal Service may remove such alterations and improvements and restore the premises to as good condition as that existing at the time of entering upon the same under the lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Postal Service has no control, excepted. If however, at the expiration or termination of the lease or any renewal or extension thereof, the Postal Service elects not to remove such alterations and/or improvements, said alterations and/or improvements shall become the property of the Lessor and any rights of restoration are waived. A.22 APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. A.23 DAMAGE OR DESTRUCTION OF PREMISES If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty, Ads of God, of a public enemy, riot or insurrection or are otherwise determined by the Postal Service to be unfit for use and occupancy, the Postal Service may: a. terminate this lease as of the date the premises become unfit for use and occupancy, or b. require the Lessor to repair or rebuild the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. For any period the premises, or any part thereof, are unfit for use and occupancy, the rent will be abated in proportion to the area determined by the Postal Service to be untenantable. Unfitness for use does not include unsuitability arising from such causes as design, size, or location of the premises, or C. accomplish all repair necessary for postal occupancy and deduct all such costs, plus administrative burden from future rents. (Jro. tetra) �firr/— UNITEDST13TES POSTAL SERVICE - General Conditions to LISPS Lease A.24 LESSOR OBLIGATIONS n. If air-conditioning equipment is furnished - Lessor must furnish air conditioning equipment in the demised premises in good working order The Lessors obligations regarding the services to be provided are further and, if maintained by Lessor, will be maintained in accordance with the defined as follows: Maintenance Rider included attached hereto. a. If heating system and fuel are furnished - Lessor must furnish heating system together with all fuel required for proper operation of the system during the continuance of the Lease. The system must be in good working order and, if maintained by the Lessor. will be maintained in accordance with the Maintenance Rider attached hereto. b. If heat is furnished - Lessor must maintain a uniform heating temperature of 65 degrees F. in all enclosed portions of the demised premises during the continuance of the Lease. c. If heating system is furnished - Lessor must furnish heating system in good working order and, if maintained by Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. d. If lighting fixtures and power are furnished - Lessor must provide light fixtures in good working order as well as pay all recurring electric bills. e. If light fixtures are furnished - Lessor must provide light fixtures in good working order. f. If electricity is furnished - Lessor must pay for all recurring electric bills and furnish the electrical system during the continuance of the Lease. g. If electrical system is furnished - Lessor must furnish an electrical system in good working order having a separate electrical meter. h. If water system and water are furnished - Lessor must furnish a water system in good working order and pay for all recurring water bills during the continuance of the Lease. i. If water system is furnished - Lessor must furnish a water system in good working order with separate water meter. j. If sewerage service is furnished - Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines and related devices, as necessary and to pay all charges, fees and other costs for such system and services during the continuance of the Lease. k. If sewerage system is furnished - Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines, and related devices, as necessary during the continuance of the Lease. I. Future Availability of Public Water and/or Sewerage Services - Regardless of Lessors responsibility for water and/or sewerage under this Lease, if public water and/or sewerage services are not currently available, but become available in the future, the Lessor agrees to accomplish connection, maintain, and pay all fees and costs involved in connecting the building system to the public water and/or sewerage -systems. After connection, the Postal Service agrees to pay recurring charges for water consumption and use of sewerage services. If connection of such services is optional, the Postal Service will determine if the connection is to be made by the Lessor. m. If air-conditioning equipment and operating power are provided - Lessor must furnish air-conditioning equipment together with all power required for proper operation of the equipment during the continuance of the Lease.. The equipment must be in good working order and, if maintained by the Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. o. If air-conditioning is furnished - Lessor must maintain a uniform temperature of no greater than 78 degrees F. in all enclosed portions of the demised premises and be responsible for servicing of the air conditioning equipment including, but not limited to, the replacement of necessary filters and refrigerant as required for proper operation of the equipment together with power, water and other services for its operation. A.25 LESSOR'S SUCCESSORS The terms and provisions of this Lease and the conditions herein are binding on the Lessor, and all heirs, executors, administrators, successors, and assigns. A.26 DRUG -FREE WORKPLACE a. Applicability. This clause applies to all contracts with individuals without regard to the dollar amount, and to all other contracts over $50,000. b. Exceptions. This clause does not apply to those contracts that are to be performed completely outside of the United States, its teritodes, and possessions. c. Definitions. As used in this clause: 1. "Controlled substance" means those substances identified in schedules I through V, Section 202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined in 21 CFR Sections 1308.11 through 1308.15. 2. "Conviction" means a finding of guilt (including a finding based on a plea of guilty or a plea of nolo contender) by any judicial body charged with the responsibility to determine violations of criminal drug statutes. 3. "Criminal drug statute means a federal or non-federal criminal statute involving drug abuse. 4. "Drug abuse" means the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. 5. "Employee" means any person directly engaged in the performance of work under a Postal Service contract. 6. "Individual" means a contractor with no employees other than himself or herself. 7. 'Workplace" means any site where work is being done in connection with this contract. d. Requirements 1. Contractors, except as individuals, must provide a drug -free workplace by: (a) Publishing, publicly posting, and furnishing each employee a statement that drug abuse in the workplace is prohibited and specifying what actions will be taken against employees for violations of the prohibition; (b) Establishing a drug -free awareness program to y inform all employees about: 055 RETERMSS (im. +sssl UNITED STATES. POSTAL SERVICE (1) The dangers of drug abuse in the workplace; (2) The contractors policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Notifying all employees that, as a condition of continued employment on this contract, the employee must: (1) Abide by the contractors prohibition of drug abuse in the workplace; and (2) Notify the contractor of any criminal drug conviction for a violation occurring in the workplace within five (5) days of such conviction; (d) Notifying the contracting officer within ten (10) days of receiving a notice of a conviction from an employee or otherwise; (a) Instituting appropriate personnel action, up to and including termination, against an employee or requiring the employee to complete a drug abuse assistance or rehabilitation program approved by a Federal, State, local health, law enforcement, or other appropriate agency within thirty (30) days of receiving a notice of conviction; and (f) Making consistent and good faith efforts to maintain a drug - free workplace through implementation of paragraphs d.1.(a) through d.1.(e), above. 2. The contractor, if an individual, must not engage in drug abuse in the performance of this contract. e. Sanctions. Violation of the terms of this clause may be grounds for the termination for default, and suspension or debarment from eligibility for future Postal Service contracts. A.27 DAVIS-BACON ACT The following is applicable if this agreement covers premises of net interior space in excess of 6,500 square feet and involves construction work over $2,000.00. a. Minimum Wages 1. All mechanics and laborers employed in the contract work (other than maintenance work of a recurring, routine nature necessary to keep the building or space in condition to be continuously used at an established capacity and efficiency for Its intended purpose) must be paid unconditionally, and not less than once a week, without deduction or rebate (except for deductions permitted by the Copeland Regulations (29 CFR Part 3)), the amounts due at the time of payment computed at rates not less than the aggregate of the basic hourly rates and rates of payments, contributions, or costs for any fringe benefits contained in the wage -determination decision of the Secretary of Labor, attached hereto, regardless of any contractual relationship alleged to exist between the. Lessor, or subcontractor and these laborers and mechanics. A copy of the wage -determination decision must be kept posted by the Lessor at the site of the work in a prominent place where it can easily be seen by the workers. General Conditions to USPS Lease 2. The Lessor may discharge its obligation under this clause to I workers in any classification for which the wage -determination decision contains: (a) Only a basic hourly rate of pay, by making payment at not less than that rate, except as otherwise provided in the Copeland Regulations (29 CFR Part 3); or (b) Both a basic hourly rate of pay and fringe -benefit payments, by paying in cash, by irrevocably contributing to a fund, plan, or program for, or by assuming an enforceable commitment to bear the cost of, bona fide fringe benefits contemplated by 40 U.S.C. 276a, or by a combination of these. 3. Contributions made, or costs assumed, on other than a weekly basis (but not less often than quarterly) are considered as having been constructively made for a weekly period. When a fringe benefit is expressed in a wage determination in any manner other than as an hourly rate and the Lessor pays a cash equivalent or provides an alternative fringe benefit, the Lessor must furnish information with the Lessors payrolls showing how the Lessor determined that the cost incurred to make the cash payment or to provide the alternative fringe benefit is equal to the cost of the wage -determination fringe benefits. When the Lessor provides a fringe benefit different from that contained in the wage determination, the Lessor must show how the hourly rate was arrived at. In the event of disagreement as to an equivalent of any fringe benefit, the contracting officer must submit the question, together with the contracting officers recommendation, to the Secretary of Labor for final determination. 4. If the contractor does not make payments to a trustee or other third person, the contractor may consider as payment of wages the costs reasonably anticipated in providing bona fide fringe benefits, but only with the approval of the Secretary of Labor pursuant to a written request by the Lessor. The Secretary of Labor may require the Lessor to set aside assets in a separate account, to meet the Lessors obligations under any unfunded plan or program. 5. The contracting officer will require that any Gass of laborers or mechanics not listed in the wage -determination but to be employed under the contract will be classified in conformance with the wage - determination and report the action taken to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210-0001, for approval. The contracting officer will approve an additional classification and wage rate and fringe benefits therefor only if: (a) The work to be performed by the classification requested is not performed by a classification in the wage -determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 6. If the Lessor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate and fringe benefits therefor, the contracting officer must submit the question, together with the views of the interested parties and the contracbng officers recommendation, to the Wage and Hour Administrator for final determination. The Administrator or authorized representative will, within 30 days of receipt, approve, modify, or disapprove every proposed additional classification action, or issue a final determination if the parties disagree, and so advise the contracting officer or advise that additional time is necessary. The final (Jan. 1"5) VK, UNITEDSTATES // POSTAL SERVICE - approved wage rate (and fringe benefits if appropriate) must be paid to all workers performing work in the classification under the contract from the first day work is performed in the classification. The Lessor will post a copy of the final determination of the conformance action with the wage -determination determination at the site of the work. (The Department of Labor information collection and reporting requirements contained in subparagraph a.5 above and in this subparagraph a.6 have been approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Apprentices and Trainees 1. Apprentices may be permitted to work only when (a) registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor, or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, or (b) if not individually registered in the program, certified by the Bureau of Apprenticeship and Training or State agency (as appropriate) to be eligible to work only if individually registered in a program approved by the Employment and Training Administration, U.S. Department of Labor. 2. The ratio of apprentices to journeymen or trainees to journeymen in any craft classification must not be greater than that permitted for the Lessors entire work force under the registered apprenticeship or trainee program. Apprentices and trainees must be paid at least the applicable wage rates and fringe benefits specified in the approved apprenticeship or trainee program for the particular apprentice's or trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage - determination. If the apprenticeship or trainee program does not specify fringe benefits, apprentices or trainees must be paid in the full amount of fringe benefits listed on the wage -determination for the applicable classification unless the Administrator of Wage and Hour Division determines that a different practice prevails. Any employee listed on a payroll at an apprentice or trainee wage rate not registered, or performing work on the job site in excess of the ratio permitted under the registered program, must be paid the wage rate on the wage determination for the classification of work actually performed. 3. If the Bureau of Apprenticeship and Training or State agency recognized by the Bureau (as appropriate) withdraws approval of an apprenticeship program, or if the Employment and Training Administration withdraws approval of a trainee program, the contractor will no longer be permitted to utilize apprentices or trainees (as appropriate) at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (See 29 CFR 5.16 for special provisions that apply to training plans approved or recognized by the Department of Labor prior to August 20, 1975.) 4. The utilization of apprentices, trainees, and journeymen must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. C. Overtime Compensation 1. The Lessor may not require or permit any laborer or mechanic employed on any work under this contract to work more than 40 hours in any workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), unless the laborer or mechanic receives compensation at a rate not less than one -and -one-half times the laborers or mechanics basic rate of pay for all such hours worked in excess of 40 hours. General Conditions to USPS Lease 2. For violations of subparagraph CA above, the Lessor is liable for liquidated damages, which will be computed for each laborer or mechanic at $10 for each day on which the employee was required or permitted to work in violation of subparagraph c.1 above. 3. The contracting officer may withhold from the Lessor sums as may administratively be determined necessary to satisfy any liabilities of the Lessor for unpaid wages and liquidated damages pursuant to subparagraph c.2 above. d. Payroll and Other Records 1. For all laborers and mechanics employed in the work covered by this clause, the Lessor must maintain payrolls and related basic records and preserve them for a period of three years after contract completion. The records must contain the name, address, and social security number of each employee, the employee's correct classification rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits), the daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Lessor has obtained approval from the Secretary of Labor to assume a commitment to bear the cost of fringe benefits under subparagraph a.4 above, the Lessor must maintain records showing the commitment and its approval, communication of the plan or program to the employees affected, and the costs anticipated or incurred under the plan or program. Lessors employing apprentices or trainees under approved programs must maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 2. The Lessor must submit weekly, for each week in which any work covered by this clause is performed, a copy of all payrolls to the contracting officer. The Lessor is responsible for the submission of copies of payrolls of all subcontractors. The copy must be accompanied by a statement signed by the Lessor indicating that the payrolls are correct and complete, that the wage rates contained in them are not less than those determined by the Secretary of Labor, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed. Submission of the Weekly Statement of Compliance (see 29 CFR 5.5(a)(3)(ii)) required under this agreement satisfies this requirement. As required by this clause, the Lessor must submit a copy of any approval by the Secretary of Labor. (The Department of Labor information collection and reporting requirements in this subparagraph d.2 have been approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) 3. The Lessors records required under this clause must be available for inspection by authorized representatives of the contracting officer and the Department of Labor, and the Lessor must permit the representative to interview employees during working hours on the job. 4. The Lessor must comply with the Copeland Regulations of the Secretary of Labor (29 CFR Part 3), which are hereby incorporated in this contract by reference. e. Withholding of Funds. The contracting officer may withhold from the Lessor under this or any other contract with the Lessor so much of the accrued payments or advances as is considered necessary to pay all laborers and mechanics the full amount of wages required by this contract or any other contract subject to the Davis -Bacon prevailing wage requirements that is held by the Lessor. 02" (Jan. 111111161, rr UNITED STATES POSTAL SERVICE. f. Subcontracts 1. If the Lessor or any subcontractor fails to pay any laborer or mechanic employed on the site of the work any of the wages required by the contract, the contracting officer may, after written notice to the Lessor, suspend further payments or advances to the Lessor until violations have ceased. A.28 BANKRUPTCY In the event the lessor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the lessor will furnish, by certified mail, written notification of the bankruptcy to the contracting officer responsible for administering the contract. The notification must be furnished within five days of the initiation of the bankruptcy proceedings. The notification must include the date on which the bankruptcy petition was filed, the court in which the petition was filed, and a list of Postal Service contracts and contracting officers for all Postal Service contracts for which final payment has not yet been made. This obligation remains in effect until final payment under this contract. General Conditions to USPS Lease RFTFRYSS , i.. to l